Market surveillance and enforcement
36.—(1) It shall be the duty—
(a)in relation to Great Britain, of the Health and Safety Executive,
(b)in relation to Northern Ireland, of the Secretary of State,
to enforce regulation 4(3) and Part 3.
(2) In addition, an enforcement authority or the Secretary of State (in relation to enforcement in Great Britain) may enforce regulation 4(3) and Part 3.
(3) The Health and Safety Executive shall carry out regular inspections in relation to category 4 fireworks, theatrical pyrotechnic articles and other pyrotechnic articles following entry into the EU and at storage and manufacturing sites within Great Britain and the Secretary of State shall carry out the same duty within Northern Ireland.
(4) A weights and measures authority in England and Wales shall have the power to investigate and prosecute for an alleged contravention of these Regulations which was committed outside its area in any part of England or Wales.
(5) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of these Regulations which was committed outside its area in any part of Northern Ireland.
(6) Any action of the Health and Safety Executive, an enforcement authority or the Secretary of State under this regulation or regulation 37 shall take due account of the presumption (which presumption shall be rebuttable) that pyrotechnic articles marked with a CE marking are in conformity with the essential safety requirements set out in paragraph 1 and, if applicable, in paragraphs 2(1), (5), (6), (7), 3 and 4 of Schedule 2.
(7) The Secretary of State may appoint a person to act on behalf of the Secretary of State for the purposes of paragraph (1)(b) or (2).