Product Security and Telecommunications Infrastructure Act 2022

9 Statements of compliance

(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.