Amendments to the Construction Products Regulations 20132
1
The Construction Products Regulations 20132 are amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation)—
a
in paragraph (1) in the definition of “enforcement authority” after “local weights and measures authority” insert “or the Secretary of State”
;
b
in paragraph (2) omit “to the Secretary of State or”.
3
In regulation 3(1)(a) (competent authority) omit “the Secretary of State or”.
4
In regulation 5(3) (breaches of duty by economic operators)—
a
for “enforcement authority” substitute “local weights and measures authority”
and,
b
after “established” insert “or the Secretary of State”
.
5
In regulation 10 (duty of enforcement authority to give notice) after “enforcement authority” insert “(except where the Secretary of State is the enforcement authority)”
.
6
In regulation 14—
a
in paragraph (1), at the beginning insert “Subject to paragraph (1A),”
;
b
after paragraph (1) insert—
1A
If the Secretary of State is acting in their capacity as an enforcement authority the Secretary of State may—
a
enforce the provisions of Part 2; and
b
carry out market surveillance duties under the 2008 Regulation, as it applies to construction products, and under the 2011 Regulation.