19AB.—(1) This regulation applies to equipment bearing the UK TPE marking [F3and Northern Ireland TPE] that a manufacturer has placed on the GB market.
(2) Where a manufacturer knows or has reason to believe that the equipment does not comply with regulation 19AA(2) or the Annexes [F4or with regulation 19AA(3) (as applicable)] , that manufacturer must—
(a)take immediate corrective measures to ensure that the equipment complies with—
[F5(i)regulation 19AA(2) and the Annexes, in respect of UK TPE; or
(ii)regulation 19AA(3) and the Annexes, in respect of Northern Ireland TPE;]
(b)withdraw the equipment from the market; or
(c)issue a recall of the equipment.
(3) Where a manufacturer considers that the equipment presents a risk, that manufacturer must immediately inform the GB competent authority and Northern Ireland competent authority of—
[F6(a)the risk, including providing details of any non-compliance with—
(i)regulation 19AA(2) or the Annexes, in respect of UK TPE; and
(ii)regulation 19AA(3) or the Annexes, in respect of Northern Ireland TPE;”,]
(b)any action taken in accordance with paragraph (2).
(4) A manufacturer must record—
[F7(a)each instance of non-compliance with—
(i)regulation 19AA(2) or the Annexes, in respect of UK TPE; and
(ii)regulation 19AA(3) or the Annexes, in respect of Northern Ireland TPE;”,]
(b)any corrective measure taken,
and must retain that record for at least 20 years from the date that the non-compliance is discovered.
(5) On receipt of a reasoned request from the GB competent authority, a manufacturer must—
(a)provide that authority with all information and documents necessary to show that the equipment meets the requirements of—
[F8(i)regulation 19AA(2) and the Annexes, in respect of UK TPE; or
(ii)regulation 19AA(3) and the Annexes, in respect of Northern Ireland TPE;”.]
(b)cooperate with that authority in any action it takes to eliminate risks posed by that equipment.]
Textual Amendments
F1Regs. 19AA, 19AB inserted (31.12.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1111), regs. 1, 10
F2Words in reg. 19AB heading inserted (1.1.2023) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1370), regs. 1(1), 7(a)
F3Words in reg. 19AB(1) inserted (1.1.2023) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1370), regs. 1(1), 7(b)
F4Words in reg. 19AB(2) inserted (1.1.2023) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1370), regs. 1(1), 7(c)(i)
F5Reg. 19AB(2)(a)(i)(ii) substituted (1.1.2023) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1370), regs. 1(1), 7(c)(ii)
F6Reg. 19AB(3)(a) substituted (1.1.2023) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1370), regs. 1(1), 7(d)