PART 4

Air quality and environmental recall

Environmental recall of motor vehicles etc

Further provision about regulations under section 74
76
1
Regulations under section 74(1) may impose a duty on a manufacturer or distributor of a relevant product to notify the Secretary of State if the person has reason to consider that the product does not meet a relevant environmental standard.
2
The regulations may confer a power on the Secretary of State—
a
to require the provision of information by a manufacturer or distributor of a relevant product for the purpose of enabling the Secretary of State to consider whether, or how, to exercise a power to give a compulsory recall notice or a supplementary notice;
b
to require the provision of samples of relevant products by such a manufacturer or distributor for that purpose.
3
The regulations may make provision for, about or connected with the enforcement of requirements imposed by or under the regulations including provision—
a
for, about or connected with the designation of a person to exercise functions in connection with the enforcement of the requirements (“the enforcement authority”);
b
for the functions of the enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations;
c
requiring the provision of information by a manufacturer or distributor of a relevant product for purposes connected with the enforcement of the requirements;
d
requiring the provision of samples of relevant products by such a manufacturer or distributor for those purposes;
e
for, about or connected with the imposition of financial penalties by the enforcement authority;
f
for the amount of financial penalties to be determined by the enforcement authority in accordance with the regulations;
g
for such a determination to be made by reference to factors specified in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount of a financial penalty may exceed the amount of those costs);
h
about appeals against the imposition of a financial penalty.
4
The regulations may confer powers on the enforcement authority—
a
to enter the premises of a manufacturer or distributor of a relevant product;
b
to take documents or records from those premises (or make copies of such documents or records);
c
to take samples of relevant products found on those premises,
where the authority has reasonable grounds for suspecting that the manufacturer or distributor has failed to comply with a requirement imposed by or under the regulations.
5
The regulations may make provision about warrants in connection with any power conferred by virtue of subsection (4).