Schedule 11: Construction products regulations Paragraph 15 - Enforcement Background
The Independent Review recommended that Government should ensure that there is a more effective enforcement regime with national oversight to cover construction product safety. The current regulatory framework sets out the enforcement and market surveillance powers of the Secretary of State and Trading Standards in relation to products where there is a designated standard or a United Kingdom Technical Assessment only. These regulations will allow us to create equivalent provisions for enforcement for products included on the safety critical list and those covered by the requirement to be safe. This means all construction products will be covered by an enforcement regime. The regulations can provide such powers can be exercised by relevant authorities (as defined).
Example
If, for example, it is a certain type of fire door produced by one manufacturer is found to be unsafe, it will not matter whether that particular type of fire door is subject to a designated standard, conforms to a technical assessment, or is on the safety critical list, the relevant authorities (as defined) will be given a full range of enforcement powers to ensure it is either made safe, or taken off the market.
If a claim is made in advertising or marketing material about the performance of fire doors, for example that they have a certain level of fire resistance, and that is not true, the relevant authorities will be given powers to, for example, require the advertising or marketing material is withdrawn, and/or that the product can no longer be supplied in the UK until the advertising or marketing material is corrected.