14 Amendments to Part 4 (Transportable pressure equipment)
After regulation 19C, insert—

“19CA Obligations of Distributors prior to making equipment available on the GB market
1 Before making transportable pressure equipment available on the GB market, a distributor must ensure that—
(a) the equipment has been marked in accordance with—
(i) regulation 22B; or
(ii) articles 14 and 15 of the Transportable Pressure Equipment Directive; and
(b) the certificate of conformity for the equipment either contains the name and address of the importer or has this information attached to it.
2 Where a distributor considers that equipment presents a risk before it has been made available on the GB market, that distributor must inform—
(a) the manufacturer or the importer; and
(b) the Health and Safety Executive
of the risk.

19CB Obligations of Distributors after making UK TPE available on the GB market
1 This regulation applies to equipment bearing the UK TPE marking that a distributor has made available on the GB market.
2 The distributor must ensure that the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Annexes.
3 Where a distributor knows or has reason to believe that equipment does not comply with—
(a) this regulation;
(b) regulation 19CA(1)(a)(i) or (b); or
(c) the Annexes,
that distributor must act as required by paragraph (4).
4 The actions required by paragraph (3) are to—
(a) take immediate corrective measures to ensure that the equipment complies with—
(i) this regulation;
(ii) regulation 19CA(1)(a)(i) or (b); and
(iii) the Annexes;
(b) withdraw the equipment from the market; or
(c) issue a recall of the equipment.
5 Where a distributor considers that equipment it has made available on the GB market presents a risk, that distributor must immediately inform the manufacturer, the GB competent authority and Northern Ireland competent authority of the risk, including details of any non-compliance with—
(a) this regulation;
(b) regulation 19CA(1)(a)(i) or (b); or
(c) the Annexes,
and any action taken in accordance with paragraph (4).
6 A distributor must record each instance of non-compliance with—
(a) this regulation;
(b) regulation 19CA(1)(a)(i) or (b); or
(c) the Annexes,
and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
7 On receipt of a reasoned request from the GB competent authority, a distributor must—
(a) provide that authority with all information and documents necessary to show that the equipment meets the requirements of—
(i) this regulation;
(ii) regulation 19CA(1)(a)(i) or (b); and
(iii) the Annexes;
(b) cooperate with that authority in any action taken to eliminate risks posed by that equipment.”

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