PART 1Product security

CHAPTER 3Enforcement

Enforcement notices

30Recall notices

(1)

Subsection (2) applies if—

(a)

the Secretary of State has reasonable grounds to believe that there is a compliance failure in relation to any UK consumer connectable products that have been supplied to customers,

(b)

the Secretary of State considers that the action (if any) being taken by any relevant person in relation to the compliance failure is inadequate, and

(c)

the Secretary of State considers that any action which the Secretary of State may take under section 28, 29 or 42 would not be sufficient to deal with the risks posed by the compliance failure.

(2)

The Secretary of State may give a recall notice to any of the following—

(a)

in the case of a compliance failure by a manufacturer of the products—

(i)

any manufacturer of the products;

(ii)

an authorised representative of a manufacturer of the products;

(iii)

any importer or distributor who made any of the products available in the United Kingdom;

(b)

in the case of a compliance failure by an importer or distributor who supplied any of the products to a customer, that importer or distributor.

(3)

A recall notice is a notice under this section requiring the person to whom it is given (“P”) to make arrangements within a specified period for the return of the products to P or to another person specified in the notice.

(4)

A recall notice given to a person must—

(a)

set out the reasons for giving the recall notice;

(b)

explain what may happen if the person does not comply with it;

(c)

explain how the person may appeal against it.

(5)

A recall notice given to a person may—

(a)

require the person to take specified steps within a specified period for the purpose of complying with the recall 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 recall notice;

(c)

require the person to provide the Secretary of State with specified information in relation to the products, including information relating to times after the products have been returned;

(d)

require the person to take steps to inform customers of any risks posed by using the products.

(6)

Before giving a recall notice to a person, the Secretary of State must—

(a)

notify the person that the Secretary of State intends to give a recall notice to the person, and

(b)

give the person an opportunity to make representations about the giving of the notice.

(7)

The Secretary of State may not give a recall notice to the person until the end of the period of 10 days beginning with the day on which the notification required by subsection (6)(a) is given.

(8)

Subsections (6) and (7) do not apply if the Secretary of State considers that there is an urgent need to give a recall notice to the person.

(9)

In this section—

“compliance failure”, in relation to a product, means a failure by a relevant person to comply with a relevant security requirement in relation to the product;

“specified” means specified in the recall notice.