Environment Act 2021

75 Compulsory recall notices

(1) Regulations under section 74(1) may make provision for, about or connected with a power of the Secretary of State to give a compulsory recall notice to a manufacturer or distributor of a relevant product.

(2) A “compulsory recall notice” is a notice that requires the recipient of the notice to organise the return of a relevant product to the recipient, or to any other person specified in the notice, from persons who have been supplied (whether or not directly by the recipient) with the product.

(3) Provision for the Secretary of State to give a compulsory recall notice in relation to a relevant product must not permit the giving of such a notice unless the Secretary of State has reasonable grounds for believing the product does not meet a relevant environmental standard.

(4) The regulations may provide that, where a relevant product forms part of another product, a compulsory recall notice may require its recipient to organise the return of that other product (whether or not it is a relevant product).

(5) The regulations may provide that a compulsory recall notice may impose supplementary requirements on its recipient.

(6) The regulations may confer a power on the Secretary of State to give a recipient of a compulsory recall notice a further notice (a “supplementary notice”) that imposes supplementary requirements on its recipient.

(7) The following are examples of supplementary requirements—

(a) to secure that at least a specified proportion of products subject to a compulsory recall notice that are manufactured or distributed by the recipient are returned in accordance with the notice;

(b) to publicise a compulsory recall notice;

(c) to provide information to the Secretary of State;

(d) a prohibition on supplying, or offering or agreeing to supply, a product subject to a compulsory recall notice;

(e) to pay such compensation to a person who returns a product subject to a compulsory recall notice as may be specified;

(f) to make other specified arrangements for the purpose of mitigating the effect of returning a product on the person who returns it;

(g) to destroy, or arrange for the destruction of, a returned product;

(h) to take steps to modify, or arrange for the modification of, a returned product for the purpose of ensuring that the product complies with relevant environmental standards;

(i) to organise the return of a returned product to the person who initially returned it;

(j) to otherwise dispose of the product in such manner as may be specified.

(8) In subsection (7) “specified” means specified, or described, in a compulsory recall notice or a supplementary notice.

(9) The regulations may—

(a) make provision about appeals against a decision to give a compulsory recall notice or a supplementary notice;

(b) make provision about the withdrawal of compulsory recall notices and supplementary notices (including provision about the effect of withdrawal).