reg 63 Regulated measuring instruments presenting a risk
(1) This regulation applies where the market surveillance authority has sufficient reason to believe that a regulated measuring instrument presents a risk on grounds of public interest, public health, public safety, public order, protection of the environment, protection of consumers, the levying of taxes and duties or fair trading. (2) Where this regulation applies the market surveillance authority must carry out an evaluation of the regulated measuring instrument covering all relevant requirements of these Regulations which apply to that instrument. (3) The relevant economic operators in relation to the regulated measuring instrument must co-operate as necessary with the market surveillance authority for that purpose. (4) Where in the course of the evaluation referred to in paragraph (2), the market surveillance authority finds that the regulated measuring instrument does not comply with the essential requirements applicable to it, it must without delay issue a direction which requires the relevant economic operator to— (a) take all appropriate corrective actions; (b) withdraw the instrument from the market; or (c) recall it within a reasonable period commensurate with the nature of the risk. (5) Where the market surveillance authority acts under paragraph (4), it must without delay inform the approved body that carried out the conformity assessment procedure in respect of the regulated measuring instrument of— (a) the respect in which the instrument is not in conformity with the requirements of these Regulations; and (b) the actions that the authority is requiring the relevant economic operator to take. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The economic operator must ensure that all appropriate corrective action is taken in respect of all the regulated measuring instruments concerned that it has made available in the United Kingdom . (8) Where the relevant economic operator does not take adequate corrective action within a reasonable period, the market surveillance authority must take all provisional measures to prohibit or restrict the regulated measuring instrument being made available on the market, to withdraw the instrument from the market or to recall it. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .