What can an OPSS notice require?
Treat a notice served by OPSS as a formal enforcement document. OPSS enforces the PSTI product-security regime under an arrangement with the Department for Science, Innovation and Technology, while the Act states the powers in terms of the Secretary of State. Read the notice itself for the product, legal entity, alleged failure, required action, evidence, deadline and review or appeal route.
A can require the recipient to comply with a duty, take specified steps and provide evidence. A can prohibit a specified activity, including making a product available, and may require customer risk communications. A can require steps to organise the return of products already supplied. Recall is a stronger measure: section 30 limits it to a failure to comply with a security requirement and requires the statutory conditions concerning inadequate action and insufficient alternative powers to be met.
- Identify whether the document is a , , , , information request or another enforcement step.
- Do not assume voluntary correction cancels a notice; obtain written confirmation of any variation or withdrawal.
- Separate pre-notice representations from a formal appeal. Compliance, stop, and recall notices ordinarily follow notice of the proposed action and a 10-day representation period; the urgent-need exception applies to stop and recall notices, not compliance notices. An appeal against an enforcement notice must normally be brought to the First-tier Tribunal within 28 days; under section 33, the notice or appealed variation has no effect until that appeal is determined or withdrawn.
Sets the legal grounds and effects of compliance, stop and recall notices.
Explains how OPSS describes and uses the Act's enforcement actions.