reg 48 Enforcement action in cases of formal non-compliance
(1) Where an enforcing authority makes one of the following findings in relation to electrical equipment, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies— (a) the UK marking— (i) has not been affixed; or (ii) has been affixed otherwise than in accordance with regulations 34 (Prohibition on improper use of UK marking) and 39 ( UK marking); (b) the ... declaration of conformity— (i) has not been drawn up; or (ii) has been drawn up otherwise than in accordance with regulations 6 ( ... declaration of conformity and UK marking) and 38 ( European Union ... declaration of conformity); (c) the technical documentation is either not available or not complete; (d) the following information is absent, false or incomplete— (i) the information specified in regulation 8 (labelling of electrical equipment); or (ii) the information specified in regulation 9 (instructions and safety information); (e) any other administrative requirement provided for in regulation 6 or 8 has not been fulfilled. (2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed. (3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take all appropriate measures to— (a) restrict or prohibit the electrical equipment being made available on the market; (b) ensure that the electrical equipment is withdrawn; or (c) ensure that the electrical equipment is recalled. (4) This regulation does not apply where electrical equipment presents a risk.