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SCHEDULE 3Construction products enforcement rules – Northern Ireland

PART 3Enforcement of Part 2 and market surveillance

Test purchases

18.—(1) An enforcement authority may make a purchase of any construction products for the purpose of ascertaining whether there has been any failure to comply with any requirement of the EU Construction Products Regulation, or any offence has been committed under Part 2 of this Schedule, in relation to any construction products.

(2) Where—

(a)any construction products purchased under this paragraph by or on behalf of an enforcement authority are submitted to test; and

(b)the test leads to—

(i)the bringing of proceedings for an offence in relation to the products under any provision of Part 2 of this Schedule or for the forfeiture of the products under paragraph 9, or

(ii)the serving of a suspension notice in respect of any products; and

(c)the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the products were purchased or any person who is a party to the proceedings or has an interest in any products to which the notice relates to have the products tested.