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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 reg 68

reg 68 Action by the market surveillance authority

(1) The market surveillance authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either— (a) the market surveillance authority has been unable to identify any economic operator on whom to serve such a notice, or (b) the economic operator on whom such a notice has been served has failed to comply with it. (2) If the market surveillance authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the market surveillance authority in taking the action. (3) A civil debt recoverable under paragraph (2) may be recovered summarily in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980 .

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