Schedules

Schedule 11Construction products regulations

I115Enforcement

1

Construction products regulations may make provision for and in relation to—

a

monitoring compliance with construction product requirements and investigating suspected non-compliance;

b

securing compliance with construction product requirements;

c

sanctions for—

i

non-compliance or suspected non-compliance with construction product requirements;

ii

obstruction of, failure to assist or co-operate with, or provision of false or misleading information to, persons carrying out construction product functions.

2

Provision under sub-paragraph (1)(a) may include—

a

provision for relevant authorities to carry out, or secure the carrying out of, market surveillance and test purchases;

b

provision for relevant authorities to enter, inspect and search premises and to seize and retain products or evidence of non-compliance with construction product requirements (including provision for the payment of compensation);

c

provision requiring the retention and provision of information (including provision for relevant authorities to require the provision of information to them).

3

Provision under sub-paragraph (1)(b) may include provision conferring powers on a relevant authority by notice to—

a

require a person to warn others of the risks attaching to a product;

b

require the marking of a product in respect of the risks attaching to it;

c

suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);

d

require the withdrawal of a product from the market;

e

require the recall of a product from persons to whom it has been supplied;

f

require a person to do or cease to do anything so as to end non-compliance or suspected non-compliance with construction product requirements.

4

Provision under sub-paragraph (1)(b) may also include—

a

provision for—

i

a relevant authority to accept undertakings relating to compliance with construction product requirements instead of taking other enforcement action;

ii

sanctions for non-compliance or suspected non-compliance with such undertakings;

b

provision for the forfeiture of products by court order (or, in Scotland, order of the sheriff).

5

Provision under sub-paragraph (1)(c) or (4)(a)(ii) may include—

a

provision creating criminal offences;

b

in relation to England and Wales and Northern Ireland, provision for the prosecution by relevant authorities of criminal offences created under paragraph (a);

c

provision conferring powers on relevant authorities to impose civil sanctions (including fines).

6

Provision under sub-paragraph (1)(b) or (c) or (4)(a)(ii) may include provision for appeals against anything done by a relevant authority under that provision.

7

Provision under sub-paragraph (1) may include any provision—

a

which is made by the 2013 Regulations, or

b

which relates to any matter in respect of which provision is made by the 2013 Regulations.