If you are doing business in Ireland the legislative requirements are subtly different to those in the UK. The Irish legislation places an explicit obligation on a manufacturer who places, causes to be placed, or causes to be offered for sale, an instrument on the market that is to be used for a controlled application to ensure that it meets the appropriate legal requirements.
The controlled applications are the same as those in the UK and the most important one is when the instrument is used for a commercial transaction, all of the others are listed in Article 1(2) (a) of the Directive 2009/23.
The concern that has been raised is if the potential user (customer) of the instrument is either unaware or unsure of the future use of the instrument, or tells the business supplying the instrument that it will not be used for one of the controlled applications; what are the obligations of the manufacturer and what steps could be undertaken to ensure the potential criminal liability of the manufacturer can be minimised in this situation?
After consultation with the Irish Authorities the UKWF offers the following advice: It is suggested that if a potential customer claims that the instrument will not be used for a controlled application the manufacturer should keep a written record of the facts of that position. If at a later date it becomes apparent that the instrument was in reality used for one of those applications, the record of the position of the customer could be considered by the authorities investigating the matter.
UKWF 