Schedule 11: Construction products regulations Paragraph 15 - Enforcement Proposed use of power
This power can be used by the Secretary of State to create an appropriate market surveillance and enforcement regime, to underpin the new regulatory regime created under the powers described above. These new powers can be exercised by relevant authorities (defined as the Secretary of State, or other Minister of the Crown, and a local authority, including Trading Standards). The intention is to, in effect, extend the existing powers under the Construction Products Regulations 2013 to the new regulatory regime, strengthening them to more closely align with the more extensive powers available for the enforcement of other product regulations through the Consumer Rights Act 2015, and extend the powers the Secretary of State has under the regime.
	The types of market surveillance and enforcement provisions which can be created include: monitoring and investigating compliance with construction product regulations. This can include a right to enter property and seize and retain products or evidence of non-compliance; a requirement for the provision of information; securing compliance with such regulations, and creating procedures for managing non-compliance, or suspected non-compliance. This can include, for example, a requirement to warn others of the risk, the marking of a product to indicate such risk, the suspension for a specified period, or prohibition, of the marketing and supply of such a product, and forfeiture. It also extends to accepting undertakings (with sanctions for failure to comply). There is also provision for creating an appeals process. The intention is for the market surveillance and enforcement provisions created under this power, to be used also by relevant authorities to monitor, investigate and enforce against misleading claims about the performance of construction products.