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The Electrical Equipment (Safety) Regulations 2016

The Electrical Equipment (Safety) Regulations 2016 reg 47

reg 47 Enforcement action in respect of electrical equipment which is in conformity, but presents a risk

(1) Where, having carried out an evaluation under regulation 44, an enforcing authority finds that although electrical equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take all appropriate measures to— (a) ensure that the electrical equipment concerned, when placed on the market, no longer presents a risk; (b) withdraw the electrical equipment within a prescribed period; or (c) recall the electrical equipment within a prescribed period. (2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The notice referred to in paragraph (2) must include, where available— (a) the data necessary for the identification of the electrical equipment concerned; (b) the origin and the supply chain of the electrical equipment; (c) the nature of the risk involved; and (d) the nature and duration of the measures taken by the enforcing authority. (5) 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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