PART 1

Product security
CHAPTER 3

Enforcement

Enforcement notices

Stop notices
29
1
If the Secretary of State has reasonable grounds to believe that a person is carrying on, or is likely to carry on, an activity in breach of a relevant duty, the Secretary of State may give a stop notice to the person.
2
A stop notice is a notice under this section requiring the person to whom it is given to stop carrying on an activity specified in the notice within a specified period.
3
A stop notice given to a person must—
a
set out the reasons for giving the stop notice;
b
explain what may happen if the person does not comply with it;
c
explain how the person may appeal against it.
4
A stop notice given to a person may—
a
require the person to take any specified steps within a specified period for the purpose of complying with the stop notice;
b
require the person within a specified period to provide evidence to the satisfaction of the Secretary of State that the person is complying with the stop notice;
c
require the person to take steps to inform customers of any risks posed by using a product to which the notice relates;
d
provide that, if the person takes specified steps within a specified period for the purpose of complying with the relevant duty, the stop notice will be revoked;
e
require the person within a specified period to provide evidence to the satisfaction of the Secretary of State that the person has taken those steps.
5
Before giving a stop notice to a person, the Secretary of State must—
a
notify the person that the Secretary of State intends to give a stop notice to the person, and
b
give the person an opportunity to make representations about the giving of the notice.
6
The Secretary of State may not give a stop notice to the person until the end of the period of 10 days beginning with the day on which the notification required by subsection (5)(a) is given.
7
Subsections (5) and (6) do not apply if the Secretary of State considers that there is an urgent need to give a stop notice to the person.
8
In this section—
- “relevant duty” means a duty imposed by or under Chapter 2;
- “specified” means specified in the stop notice.
S. 29 not in force at Royal Assent, see s. 79
S. 29 in force at 29.4.2024 by S.I. 2023/469, reg. 3