PART IVENFORCEMENT

Compliance notice procedure18

1

Where an enforcement authority establishes that, in the case of a cold-water meter that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect.

2

The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—

a

be in writing;

b

describe the cold-water meter to which it relates in a manner sufficient to identify that instrument;

c

state that the enforcement authority is of the opinion that the CE marking or the M marking has, or both have, been affixed unduly to the cold-water meter and give reasons for its opinion;

d

require the person on whom the notice is served to end the infringement under conditions specified in the notice;

e

specify the date, being not less than 21 days from the date of the notice, by which the infringement must be ended; and

f

warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (e), the enforcement authority may take further action under regulation 19 in respect of that instrument.

3

For the purposes of paragraph (1)—

a

the CE marking shall be considered to have been affixed unduly if it is not compliant with the requirements of regulation 12(3)(a); and

b

the M marking shall be considered to have been affixed unduly if it is not compliant with the requirements of regulation 12(3)(b).

4

Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.