Regulations urgently and without first encouraging and promoting voluntary action if a product poses a serious risk.
Suspension notices
11.—(1) Where an enforcement authority has reasonable grounds for suspecting that a requirement of these Regulations has been contravened in relation to a product, the authority may, for the period needed to organise appropriate safety evaluations, checks and controls, serve a notice (“a suspension notice”) prohibiting the person on whom it is served from doing any of the following things without the consent of the authority, that is to say—
- (a) placing the product on the market, offering to place it on the market, agreeing to place it on the market or exposing it for placing on the market, or
- (b) supplying the product, offering to supply it, agreeing to supply it or exposing it for supply.
(2) A suspension 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 in which he has an interest.
(3) A consent given by the enforcement authority for the purposes of paragraph (1) may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.
Requirements to mark
12.—(1) Where an enforcement authority has reasonable grounds for believing that a product is a dangerous product in that it could pose risks in certain conditions, the authority may serve a notice (“a requirement to mark”) requiring the person on whom the notice is served at his own expense to undertake either or both of the following, as specified in the notice—
- (a) to ensure that the product is marked in accordance with requirements specified in the notice with warnings as to the risks it may present,
- (b) to make the marketing of the product subject to prior conditions as specified in the notice so as to ensure the product is a safe product.
(2) The requirements referred to in paragraph (1)(a) shall be such as to ensure that the product is marked with a warning which is suitable, clearly worded and easily comprehensible.
Requirements to warn
13. Where an enforcement authority has reasonable grounds for believing that a product is a dangerous product in that it could pose risks for certain persons, the authority may serve a notice (“a requirement to warn”) requiring the person on whom the notice is served at his own expense to undertake one or more of the following, as specified in the notice—
- (a) where and to the extent it is practicable to do so, to ensure that any person who could be subject to such risks and who has been supplied with the product be given warning of the risks in good time and in a form specified in the notice,
- (b) to publish a warning of the risks in such form and manner as is likely to bring those risks to the attention of any such person,
- (c) to ensure that the product carries a warning of the risks in a form specified in the notice.
Withdrawal notices
14.—(1) Where an enforcement authority has reasonable grounds for believing that a product is a dangerous product, the authority may serve a notice (“a withdrawal notice”) prohibiting the person on whom it is served from doing any of the following things without the consent of the authority, that is to say—
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