PART 1

Product security
CHAPTER 2

Duties of relevant persons, etc

Duties of manufacturers

Statements of compliance
9
1
Subsection (2) applies if a manufacturer of a relevant connectable product—
a
intends the product to be a UK consumer connectable product, or
b
is aware, or ought to be aware, that the product will be a UK consumer connectable product.
2
The manufacturer may not make the product available in the United Kingdom unless it is accompanied by—
a
a statement of compliance, or
b
a summary of the statement of compliance that is in such form, and contains such information, as is specified in regulations made by the Secretary of State.
3
A “statement of compliance”, in relation to a product, is a document that—
a
is prepared by or on behalf of the manufacturer of the product,
b
is in such form, and contains such information, as is specified in regulations made by the Secretary of State, and
c
states that, in the opinion of the manufacturer, the manufacturer has complied with the applicable security requirements.
4
For the purposes of this section “the applicable security requirements”, in relation to a manufacturer of a product, means any relevant security requirements relating to the product, other than—
a
a security requirement that applies only after the product has been made available in the United Kingdom, or
b
a security requirement that applies only when the manufacturer is making the product available to customers in the United Kingdom.
5
In a case where there is more than one manufacturer in relation to a product—
a
it is sufficient for the purposes of subsection (3)(a) if the document is prepared by or on behalf of all of the manufacturers acting jointly, and
b
in such a case, any reference to the manufacturer in subsection (3)(c) is to be read as a reference to each of those manufacturers.
6
The Secretary of State may by regulations make further provision about statements of compliance, including (among other things)—
a
provision requiring a manufacturer of a product to take specified steps to determine for the purposes of preparing a statement of compliance whether the manufacturer has complied with the applicable security requirements;
b
provision requiring a manufacturer of a product to retain a copy of the statement of compliance relating to the product for a specified period;
c
provision about publishing statements of compliance;
d
provision about making available copies of statements of compliance.
7
The Secretary of State may by regulations provide that a manufacturer is to be treated as complying with subsection (2) if specified conditions are met.
8
In subsections (6) and (7) “specified” means specified in the regulations.
9
Regulations under subsection (7) are subject to the affirmative resolution procedure.
10
Other regulations under this section are subject to the negative resolution procedure.
S. 9 in force at Royal Assent for specified purposes, see s. 79(1)(c)
S. 9 in force at 29.4.2024 in so far as not already in force by S.I. 2023/469, reg. 3