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The Electrical Equipment (Safety) Regulations 2016

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Enforcement action in respect of electrical equipment which is not in conformity and which presents a riskE+W+S+N.I.

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45.—(1) Where, in the course of an evaluation referred to in regulation 44, an enforcing authority finds that electrical equipment is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—

(a)take all appropriate corrective actions to bring the electrical equipment into conformity with those requirements within a prescribed period;

(b)withdraw the electrical equipment within a prescribed period; or

(c)recall the electrical equipment within a prescribed period.

(2) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

(a)the results of the evaluation; and

(b)the actions which it has required the economic operator to take.

(3) Where the Secretary of State receives a notice under paragraph (2) or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, the Secretary of State must inform the European Commission and the other member States of—

(a)the results of the evaluation; and

(b)the actions which the enforcing authority has required the economic operator to take.

(4) Where the relevant economic operator does not take adequate corrective action within the prescribed period referred to in paragraph (1), the enforcing authority must take all appropriate measures to—

(a)prohibit or restrict the electrical equipment being made available on the market in the United Kingdom;

(b)withdraw the electrical equipment from the United Kingdom market; or

(c)recall the electrical equipment.

(5) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (4), it must notify the Secretary of State of those measures without delay.

(6) Where the Secretary of State receives a notice under paragraph (5), or takes measures under paragraph (4), the Secretary of State must notify the European Commission and the other member States of those measures without delay.

(7) The notices in paragraphs (5) and (6) must include, where available—

(a)the data necessary for the identification of the electrical equipment which is not in conformity with Part 2;

(b)the origin of the electrical equipment;

(c)the nature of the lack of conformity alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)a statement as to whether the lack of conformity is due to—

(i)failure of the electrical equipment to meet relevant requirements relating to a risk; or

(ii)shortcomings in a harmonised standard referred to in regulation 36 conferring a presumption of conformity.

(8) In this regulation, “prescribed period” means a period which is—

(a)prescribed by the enforcing authority; and

(b)reasonable and commensurate with the nature of the risk presented by the electrical equipment.

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