42 Forfeiture

Forfeiture

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(1)     In this section “forfeitable products†means—

(a)     any relevant connectable products that—

(i)     are in the possession or control of any manufacturer, importer or distributor of the products,

(ii)     are in the possession or control of an authorised representative of a manufacturer of the products, or

(iii)     are detained under paragraph 28 of Schedule 5 to the Consumer Rights Act 2015;

(b)     any relevant connectable products that have been returned to any of the following persons as a result of a compliance failure, or suspected compliance failure, relating to the products—

(i)     any manufacturer, importer or distributor of the products;

(ii)     an authorised representative of a manufacturer of the products;

(iii)     a person acting on behalf of a person within sub-paragraph (i) or (ii);

(iv)     a person specified in a recall notice under section 30.

(2)     If the Secretary of State has reasonable grounds to believe that—

(a)     there is a compliance failure relating to any forfeitable products, and

(b)     the products are, or (if no order is made for their forfeiture) will be, UK consumer connectable products,

the Secretary of State may apply to the appropriate court (see subsection (11)(a))

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