Chapter 2: Duties of relevant persons Section 19: Duties to take action in relation to manufacturer’s compliance failure
If an importer becomes aware, or ought to be aware, of a manufacturer’s compliance failure and is aware, or ought to be aware, that a product is or will be a UK consumer connectable product, then it has a duty to act. The importer must contact the manufacturer about the compliance failure as soon as possible, and, if it appears that the compliance failure is not going to be remedied, then subsection (4) requires the importer to take all reasonable steps as soon as is practicable to prevent the product from being made available to customers in the UK.
	Subsection (5) requires the importer to notify certain persons of the compliance failure after contacting, or attempting to contact the manufacturer. These persons are specified in subsection (6), and include the enforcement authority and any distributor to whom the importer has supplied the product. The importer may also need to notify any customer to whom it directly supplied the product. The conditions for notifying customers will be set out in regulations by the Secretary of State using the power in subsection (7) and will be subject to the negative resolution procedure.
	Subsection (8) sets out that notifications under subsection (5) must include (a) details of the compliance failure, (b) any risks of which the importer is aware posed by that compliance failure, and (c) any steps of which the importer is aware that the manufacturer has taken to remedy the failure and if those steps have been successful.
	Subsection (9) sets out that when an importer notifies a distributor to whom it has supplied a product of a compliance failure, the importer must also inform the distributor if the manufacturer is aware of the compliance failure and if the enforcement authority has been notified of the compliance failure.
	Subsection (10) ensures that relevant persons are not required to duplicate notifications made by others in the supply chain.
	The duties in this Section apply at any time after an importer of a product has made it available in the United Kingdom.