SCHEDULE 2ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES, MARKET SURVEILLANCE, COMPLIANCE, WITHDRAWAL AND RECALL NOTICES, DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT
PART 2COMPLIANCE, WITHDRAWAL AND RECALL NOTICES
Withdrawal notice16
1
The Department may serve a withdrawal notice on a relevant economic operator in respect of a civil explosive if the Department has reasonable grounds for believing that—
a
the civil explosive has been made available on the market; and
b
there is non-compliance.
2
A withdrawal notice must prohibit the relevant economic operator from making the civil explosive available on the market without the consent of the Department.
3
A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the civil explosive.
4
A withdrawal notice may require the relevant economic operator to keep the Department informed of the whereabouts of any civil explosive referred to in the notice.
5
A consent given by the Department pursuant to a withdrawal notice may impose such conditions on the making available on the market as the Department considers appropriate.
6
Subject to sub-paragraph (7), the Department may revoke or vary a withdrawal notice by serving a notification on the economic operator.
7
The Department may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.