23.—(1) An authorised officer must not serve on a person a compliance notice relating to a failure to comply with regulation 13(2) if—
(a)a product does not comply with regulation 14(1)(d);
(b)the compliance notice would relate to a product that was placed on the market before the last day of the period of 21 months beginning with the day on which IP completion day falls; and
(c)the matter constituting the alleged failure to comply would not have constituted a failure to comply with these Regulations as they applied immediately before IP completion day.
(2) In this regulation, “compliance notice” means a compliance notice pursuant to regulation 7.]
Textual Amendments