- before the expiry of that period by notice required the authority to seek the advice of such person as the Institute determines on the questions of—
- (i) whether the product is a dangerous product,
- (ii) whether the issue of a recall notice is proportionate to the seriousness of the risk, and the authority has taken account of such advice.
(5) Paragraphs (4)(b) and (c) shall not apply in the case of a product posing a serious risk requiring, in the view of the enforcement authority, urgent action.
(6) Where a person requires an enforcement authority to seek advice as referred to in paragraph (4)(c), that person shall be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the authority.
(7) In paragraphs 4(c) and (6) “the Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.
(8) A recall notice served by an enforcement authority in relation to a product may require the person on whom it is served to keep the authority informed of the whereabouts of any such product to which the recall notice relates, so far as he is able to do so.
(9) Where the conditions in paragraph (1) for serving a recall notice are satisfied and either the enforcement authority has been unable to identify any person on whom to serve a recall notice, or the person on whom such a notice has been served has failed to comply with it, then the authority may itself take such action as could have been required by a recall notice.
(10) Where—
- (a) an authority has complied with the requirements of paragraph (4); and
- (b) the authority has exercised its powers under paragraph (9) to take action following the failure of the person on whom the recall notice has been served to comply with that
notice, then the authority may recover from the person on whom the notice was served summarily as a civil debt, any costs or expenses reasonably incurred by it in undertaking the action referred to in sub-paragraph (b).
(11) A civil debt recoverable under the preceding paragraph may be recovered—
- (a) in England and Wales by way of complaint (as mentioned in section 58 of the Magistrates’ Courts Act 1980(a)[1],
- (b) in Northern Ireland in proceedings under Article 62 of the Magistrate’s Court (Northern Ireland) Order 1981(b)<ref>(b) SI 1675/1981 (N.I. 26).<.ref>.
Supplementary provisions relating to safety notices
16.—(1) Whenever feasible, prior to serving a safety notice the authority shall give an opportunity to the person on whom the notice is to be served to submit his views to the authority. Where, due to the urgency of the situation, this is not feasible the person shall be given an opportunity to submit his views to the authority after service of the notice.
(2) A safety notice served by an enforcement authority in respect of a product shall—
- (a) describe the product in a manner sufficient to identify it;
- (b) state the reasons on which the notice is based;
- (c) indicate the rights available to the recipient of the notice under these Regulations and (where applicable) the time limits applying to their exercise; and
- (d) in the case of a suspension notice, state the period of time for which it applies.
(3) A safety notice shall have effect throughout the United Kingdom.
- ↑ (a) 1980 c. 43.
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