reg 71 Enforcement action in respect of pressure equipment or assemblies which are not in conformity and which present a risk
(1) Where, in the course of an evaluation referred to in regulation 70, an enforcing authority finds that pressure equipment or an assembly is not in conformity with Part 2, it must, without delay, require a relevant economic operator to— (a) take all appropriate corrective action to bring the pressure equipment or assembly into conformity with those requirements within a prescribed period; (b) withdraw the pressure equipment or assembly within a prescribed period; or (c) recall the pressure equipment or assembly within a prescribed period. (2) The enforcing authority must inform the approved body which carried out the conformity assessment procedure in respect of the pressure equipment or assembly of— (a) the respect in which the pressure equipment or assembly is not in conformity with Part 2; and (b) the action which the enforcing authority has required the relevant economic operator to take. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where the relevant economic operator does not take adequate corrective action within the prescribed period referred to in paragraph (1), the enforcing authority must take all appropriate measures to— (a) prohibit or restrict the pressure equipment or assembly being made available on the market in the United Kingdom; (b) withdraw the pressure equipment or assembly from the United Kingdom market; or (c) recall the pressure equipment or assembly. (6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The notice in paragraph (6) must include all available details about the pressure equipment or assembly and, in particular— (a) the data necessary for the identification of the pressure equipment or assembly; (b) the origin of the pressure equipment or assembly; (c) the nature of the lack of conformity alleged and the risk involved; (d) the nature and duration of the measures taken; (e) the arguments put forward by the relevant economic operator; and (f) whether the lack of conformity is due to either of the following— (i) failure of the pressure equipment or assembly to meet relevant requirements relating to a risk; (ii) shortcomings in a designated standard referred to in regulation 40 conferring a presumption of conformity. (9) 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 pressure equipment or assembly.