The Ecodesign for Energy-Using Products Regulations 2007

PART 5Enforcement

Enforcement

18.—(1) An enforcing authority must enforce—

(a)regulation 3 (restriction on listed products);

(b)regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);

(c)regulation 5 (authorised representatives and importers);

(d)regulation 8 (non-conformity);

(e)regulation 9 (misleading markings); and

(f)regulation 10 (documentation for inspection).

(2) In England and Wales and Scotland, the duty in paragraph (1) applies to the area of the enforcing authority.

(3) Proceedings for an offence shall be brought—

(a)in England and Wales and Northern Ireland, only by or on behalf of an enforcing authority;

(b)in Scotland, by the Procurator Fiscal.

Proceedings before a civil court

19.  If an enforcing authority is of the opinion that proceedings against a person for an offence under Part 6 would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.

Powers of an enforcing authority and authorisation

20.—(1) An enforcing authority and persons authorised for the purposes of paragraph (2) have the powers set out in Schedule 9.

(2) An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf, subject to any limitations or conditions as the enforcing authority sees fit.

(3) Persons authorised by an enforcing authority in relation to the enforcement of local weights and measures or consumer protection are persons authorised under paragraph (2).

Appeals against enforcement notices

21.—(1) A person on whom an enforcement notice is served—

(a)may appeal against that notice to the appeal body; and

(b)must be informed of that right in the notice.

(2) The appeal body means—

(a)in England and Wales, the Secretary of State;

(b)in Scotland, the Scottish Ministers;

(c)in Northern Ireland, the Planning Appeals Commission.

(3) Schedule 8 has effect.

Notification of enforcement notices

22.—(1) Paragraph (2) applies if an enforcing authority—

(a)serves an enforcement notice which has, or will have, the effect of restricting or prohibiting a listed product from being placed on the market; or

(b)intends to bring civil proceedings which, if the remedy sought by the enforcing authority is granted by the court, would have that effect.

(2) Where paragraph (1) applies, the enforcing authority must as soon as possible provide to the Secretary of State—

(a)a copy of the enforcement notice; or

(b)details of the civil proceedings it intends to bring.

(3) The Secretary of State must—

(a)inform the Commission; and

(b)the appropriate authorities in other member States,

of a notice or details of intended proceedings received under paragraph (2).