PART 5Market surveillance and enforcement

Enforcement53

1

The market surveillance authority must enforce these Regulations, and RAMS in its application to pyrotechnic articles, or ensure that they are enforced.

2

In Great Britain, a GB enforcer other than the market surveillance authority may enforce these Regulations and RAMS in its application to pyrotechnic articles.

3

In Northern Ireland, a NI enforcer other than the market surveillance authority may enforce these Regulations and RAMS in its application to pyrotechnic articles.

4

Before taking action under paragraphs (2) or (3) a GB enforcer or NI enforcer must notify the market surveillance authority of the proposed action.

5

The Secretary of State may appoint a person to act on behalf of the Secretary of State for the purposes of enforcing these Regulations and RAMS in its application to pyrotechnic articles.

6

In Scotland, only the Lord Advocate may prosecute an offence under these Regulations.

7

In this regulation—

  • “GB enforcer” means—

    1. a

      a weights and measures authority;

    2. b

      the Health and Safety Executive; or

    3. c

      the Secretary of State;

  • NI enforcer” means—

    1. a

      a district council; or

    2. b

      the Secretary of State.