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The Pyrotechnic Articles (Safety) Regulations 2010

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This is the original version (as it was originally made).

Enforcement actions

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19.—(1) An enforcement authority under the duty referred to in regulation 18 (market surveillance and enforcement), and the Secretary of State under the power referred to in that regulation, may use any provisions of the Act relating to enforcement to enforce regulation 4(1) and Part 2.

(2) Where an enforcement authority or, where appropriate, the Secretary of State becomes aware that a category 1, 2 or 3 firework, used in accordance with its intended purpose, is liable to endanger the health and safety of persons the enforcement authority shall take, and the Secretary of State may take, such of the following actions as is most appropriate in the circumstances against the manufacturer, importer or distributor as the case may be.

(3) The actions include—

(a)in relation to the Secretary of State, serving a prohibition notice (within the meaning of section 13(1)(a) of the Act);

(b)in relation to the Secretary of State, serving a notice to warn (within the meaning of section 13(1)(b) of the Act);

(c)serving a suspension notice (within the meaning of section 14 of the Act); or

(d)serving a withdrawal notice (within the meaning of regulation 14 of the General Product Safety Regulations 2005(1)).

(4) For the purposes of taking the action referred to in paragraph (3)(d), regulations 14, 16, and 17 of the General Product Safety Regulations 2005 shall be applied.

(5) Where a withdrawal notice is served under paragraph 3(d), the conditions for serving the notice that would otherwise apply under the General Product Safety Regulations 2005 are satisfied by complying with these Regulations.

(6) For the purpose of applying the provisions referred to in paragraph (4), a “producer” referred to in those provisions is a “manufacturer” or an “importer” and a “distributor” referred to in those provisions has the meaning specified in regulation 2.

(7) Where an enforcement authority takes any action under paragraph (2) it shall notify the Secretary of State as soon a practicable, specifying its reasons for taking the action.

(8) Where an enforcement authority has notified the Secretary of State under paragraph (7), it shall notify the Secretary of State of any modification or lifting of any such action.

(9) Where the Secretary of State is notified under paragraph (7) or (8) in relation to a category 1, 2 or 3 firework which bears a CE marking and is accompanied by an EC declaration of conformity, the Secretary of State shall inform the European Commission and other relevant Member States of the action.

(10) This paragraph applies where the Secretary of State has sufficient reason to believe that a category 1, 2 or 3 firework presents a serious risk to the health or safety of persons in the EU.

(11) Where paragraph (10) applies the Secretary of State shall—

(a)inform the European Commission and other Member States of that risk;

(b)perform an appropriate evaluation; and

(c)inform the European Commission and other Member States of the background for and the results of the evaluation.

(12) This Regulation does not prevent an enforcement authority or the Secretary of State taking other enforcement action under the General Product Safety Regulations 2005.

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