Incident arising out of uncertified modification or incorrect testing or certification by CAB
21.—(1) Where —
(a)
the Safety Authority ascertains the cause of the incident as being —
(i)
an uncertified modification of the registered controlled goods; or
(ii)
the registered controlled goods not conforming to the safety requirements specified by the Safety Authority; and
(b)
such uncertified modification or non-conformity affects only one of those registered controlled goods,
the Safety Authority shall notify the Registered Supplier in writing of its findings and, together with the Registered Supplier or otherwise, take such steps as the Safety Authority thinks fit to ensure that such incident does not occur again.
(2) Where —
(a)
the Safety Authority ascertains the cause of the incident as being —
(i)
an uncertified modification of the registered controlled goods; or
(ii)
the registered controlled goods not conforming to the safety requirements specified by the Safety Authority; and
(b)
such uncertified modification or non-conformity affects more than one of those registered controlled goods,
the Safety Authority shall notify the Registered Supplier in writing of its findings and the supply of the registered controlled goods shall be suspended from the date of such notification.
(3) The Registered Supplier may, within 30 days of its receipt of a notification referred to in paragraph (2), provide to the Safety Authority any explanation the Registered Supplier may wish to offer in respect of the incident and any evidence in support of such explanation.
(4) Where, upon considering any explanation and evidence provided by the Registered Supplier under paragraph (3), the Safety Authority is of the view that the supply of the registered controlled goods should in the interests of public safety be discontinued, the Safety Authority shall prohibit the supply of the controlled goods.
(5) Where, upon considering any explanation and evidence provided by the Registered Supplier under paragraph (3), the Safety Authority is of the view that the supply of the registered controlled goods will not prejudice public safety, the Safety Authority shall —
(a)
subject to such conditions as it thinks fit, lift the suspension on the supply of the controlled goods; and
(b)
together with the Registered Supplier or otherwise, take such steps as the Safety Authority thinks fit to ensure that such incident does not occur again.
(6) The Safety Authority shall inform the Registered Supplier in writing of its decision made under paragraph (4) or (5).
(7) In this regulation, “uncertified modification” means any modification to —
(a)
any registered controlled goods referred to in regulation 17(2) in respect of which regulation 17(2)(a) has not been complied with; or
(b)
any registered controlled goods referred to in regulation 17(4) in respect of which the new controlled goods have not been registered with the Safety Authority.