reg 63 Compliance notice procedure
(1) This regulation applies where a competent authority has reasonable grounds for considering that one or more of the following breaches applies in relation to a regulated non-automatic weighing instrument that has been placed on the market— (a) the UK marking or the M marking has been affixed in violation of regulation 44 or regulation 45 ; (b) the UK marking or the M marking has not been affixed; (c) the identification number of the approved body, where the body is involved in the production control phase has— (i) been affixed otherwise than in accordance with the requirements of these Regulations; or (ii) not been affixed; (d) the ... declaration of conformity has not been drawn up correctly; (e) the technical documentation is either not available or is not complete; (f) the information referred to in regulation 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments) or regulation 18 (requirements to mark importers' details on regulated non-automatic weighing instruments) is absent, false or incomplete; or (g) any other failure— (i) by a manufacturer to comply with the requirements of Chapter 1 of Part 2; or (ii) by an importer to comply with the requirements of Chapter 2 of Part 2. (2) The competent authority may serve a notice in writing (“a compliance notice”) on the economic operator it considers is responsible for the breach which must— (a) describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument; (b) specify which of the circumstances in paragraph (1) applies in relation to the regulated non-automatic weighing instrument; (c) require the economic operator on whom the notice is served to take steps specified in the notice to remedy the matters referred to in sub-paragraph (b); (d) specify the date, being not less than 21 days from the date of the notice, by which the steps specified in it must be taken; and (e) warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (d), the competent authority may take further action under regulation 64 (enforcement notice procedure) in respect of that regulated non-automatic weighing instrument. (3) Where a compliance notice is served by a competent authority other than the Secretary of State, it must, at the same time as it serves that notice, send a copy to the Secretary of State.