4. The principal Regulations are amended by inserting, immediately after regulation 40, the following regulation:40A.—(1) Every water fitting, apparatus, appliance and product of the type specified in the Second Schedule shall bear a Water Efficiency Label indicating its rating of water efficiency in accordance with the requirements specified in such standard, code of practice or guidelines as may be adopted or issued by the Board under regulation 3.(2) Without prejudice to regulation 5, every water fitting, apparatus, appliance and product referred to in paragraph (1) shall conform to such standard, code of practice or guidelines adopted or issued by the Board under regulation 3, as the Board may specify. |
(3) No person shall —(a) | supply; or | (b) | offer, display or advertise for supply, |
any water fitting, apparatus, appliance or product that is in contravention of paragraph (1) or (2). |
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(4) Any person who contravenes paragraph (3) shall be guilty of an offence. |
(5) The Board may, by notice in writing, require any person who —(a) | supplies; or | (b) | offers, displays or advertises for supply, |
any water fitting, apparatus, appliance or product that the Board knows or has reason to believe is in contravention of paragraph (1) or (2) to, at his own cost and expense — |
(i) | immediately remove and cease the use of the Water Efficiency Label; | (ii) | immediately stop supplying or offering, displaying or advertising for supply all such water fittings, apparatus, appliances or products; | (iii) | within the time specified in the notice, have any particular water fitting, apparatus, appliance or product or type thereof tested or examined in accordance with the procedure specified in such standard, code of practice or guidelines adopted or issued by the Board under regulation 3; and | (iv) | in the manner and within the time specified in the notice, recall all such water fittings, apparatus, appliances or products previously supplied by him in contravention of paragraph (1) or (2) during such reasonable period preceding the date the notice was issued. |
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(6) Any person who fails to comply with a notice served on him under paragraph (5) shall, unless he satisfies the court that he has used all due diligence to comply with the notice, be guilty of an offence. |
(7) Any person who, without reasonable excuse —(a) | defaces, obstructs, removes or misuses; or | (b) | forges or alters, |
a Water Efficiency Label shall be guilty of an offence.”. |
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