The Construction Products Regulations 1991

Suspension notices

10.—(1) Where an enforcement authority has reasonable grounds for suspecting that any provision of regulation 5, 6, 7 or 8 has been contravened in relation to any construction products, the authority may serve a notice (“a suspension notice”) prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from supplying the products without the consent of the authority.

(2) A suspension notice served by an enforcement authority in respect of any construction products shall–

(a) describe the products in a manner sufficient to identify them;

(b) set out the grounds on which the authority suspects that a provision of regulation 5, 6, 7 or 8 has been contravened in relation to the products; and

(c) state that, and the manner in which, the person on whom the notice is served may appeal against the notice under regulation 11.

(3) A suspension notice served by an enforcement authority for the purpose of prohibiting a person for any period from supplying any construction products may also require that person to keep the authority informed of the whereabouts throughout that period of any of those products in which he has an interest.

(4) Where a suspension notice has been served on any person in respect of any construction products, no further such notice shall be served on that person in respect of the same products unless–

(a) proceedings against that person for an offence in relation to the products under a provision of this Part (not being an offence under this regulation); or

(b) proceedings for the forfeiture of the products under regulation 12 or 13,

are pending at the end of the period specified in the first-mentioned notice.

(5) A consent given by an enforcement authority for the purposes of paragraph (1) above may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.

(6) Any person who contravenes a suspension notice shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.

(7) Where an enforcement authority serves a suspension notice in respect of any construction products, the authority shall be liable to pay compensation to any person having an interest in the products in respect of any loss or damage caused by reason of the service of the notice if–

(a) there has been no contravention in relation to the products of any provision of regulation 5, 6, 7 or 8; and

(b) the exercise of the power is not attributable to any neglect or default by that person.

(8) Any disputed question as to the right to or the amount of any compensation payable under this regulation shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

(9) In England and Wales section 31 of the Arbitration Act 1950(1) and, in Northern Ireland, section 28 of the Arbitration Act (Northern Ireland) 1937(2), shall have effect for the purposes of an arbitration under paragraph (8) as if it were an arbitration under any other Act within the meaning of those sections.

(1)

1950 c. 27.

(2)

1937 c. 8 (N.I.).