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The Simple Pressure Vessels (Safety) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1092
- PART 5
- Regulation 61
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Enforcement action in respect of vessels which are in conformity, but which present a risk
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61.—(1) Where, having carried out an evaluation under regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that although a vessel is in conformity with Part 2, it presents a risk to the health or safety of persons, to domestic animals or to property, the enforcing authority must require a relevant economic operator to take all appropriate measures to—
(a)ensure that the vessel concerned, when placed on the market, no longer presents such a risk;
(b)withdraw the vessel within a prescribed period; or
(c)recall the vessel within a prescribed period.
(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.
(3) Where the Secretary of State receives a notice under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other Member States immediately.
(4) The notices referred to in paragraphs (2) and (3) must include all available details and, in particular—
(a)the data necessary for the identification of the vessel;
(b)the origin and the supply chain of the vessel;
(c)the nature of the risk involved; and
(d)the nature and duration of the measures taken by the enforcing authority.
(5) In this regulation, “prescribed period” means a period which—
(a)is prescribed by the enforcing authority; and
(b)is reasonable and commensurate with the nature of the risk presented by the vessel.
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