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The Simple Pressure Vessels (Safety) Regulations 2016

Changes over time for: PART 2

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PART 2U.K.Operational obligations of notified bodies

17.  [F1An approved] body must carry out conformity assessments in accordance with the conformity assessment procedures.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

17.  A notified body must carry out conformity assessments in accordance with the conformity assessment procedures.

Extent Information

E13This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

18.  [F2An approved] body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

18.  A notified body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

Extent Information

E14This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

19.  [F3An approved] body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the vessel technology in question and the mass or serial nature of the production process.

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

19.  A notified body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the vessel technology in question and the mass or serial nature of the production process.

Extent Information

E15This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

20.  [F4An approved] body must respect the degree of rigour and the level of protection required to ensure that the vessel is in conformity with the requirements of these Regulations.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

20.  A notified body must respect the degree of rigour and the level of protection required to ensure that the vessel is in conformity with the requirements of these Regulations.

Extent Information

E16This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

21.  Where [F5an approved] body finds that essential safety requirements or corresponding [F6designated] standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity.

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

21.  Where a notified body finds that essential safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity.

Extent Information

E17This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

22.  Where, in the course of the monitoring of conformity following the issue of a certificate of conformity, a notified body finds that a vessel is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must, if necessary, suspend or withdraw the certificate of conformity.U.K.

23.  Where the [F7approved] body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the notified body must restrict, suspend or withdraw any certificate of conformity.

Extent Information

E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

23.  Where the notified body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the notified body must restrict, suspend or withdraw any certificate of conformity.

Extent Information

E18This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

24.  Paragraph 25 applies where [F8an approved] body is minded to—

(a)refuse to issue a certificate of conformity;

(b)restrict, suspend or withdraw a certificate of conformity.

Extent Information

E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

24.  Paragraph 25 applies where a notified body is minded to—

(a)refuse to issue a certificate of conformity;

(b)restrict, suspend or withdraw a certificate of conformity.

Extent Information

E19This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

25.  Where this paragraph applies, the [F7approved] body must—

(a)give the person applying for the certificate of conformity, or the person to whom the certificate of conformity has been given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person referred to in sub-paragraph (a), an opportunity to make representations within a reasonable period from the date of the notice;

(c)take account of any representations made within the period referred to in subparagraph (b) before taking its decision.

Extent Information

E8This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

25.  Where this paragraph applies, the notified body must—

(a)give the person applying for the certificate of conformity, or the person to whom the certificate of conformity has been given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person referred to in sub-paragraph (a), an opportunity to make representations within a reasonable period from the date of the notice;

(c)take account of any representations made within the period referred to in subparagraph (b) before taking its decision.

Extent Information

E20This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

26.  [F9An approved] body must inform the Secretary of State of—

(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity;

(b)any circumstances affecting the scope of or conditions for notification under regulation 46 F10...;

(c)any request for information which it has received from a market surveillance authority regarding conformity assessment activities;

(d)on request, any conformity assessment activities performed within the scope of its notification under regulation 46 and any other activity performed, including cross-border activities and subcontracting.

Extent Information

E9This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

26.  A notified body must inform the Secretary of State of—

(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity;

(b)any circumstances affecting the scope of or conditions for notification under regulation 46 (notification);

(c)any request for information which it has received from a market surveillance authority regarding conformity assessment activities;

(d)on request, any conformity assessment activities performed within the scope of its notification under regulation 46 and any other activity performed, including cross-border activities and subcontracting.

Extent Information

E21This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

27.  [F11An approved] body must make provision in its contracts with its clients enabling such clients to appeal against a decision—

(a)to refuse to issue a certificate of conformity or grant an approval;

(b)to restrict, suspend or withdraw a certificate of conformity or approval.

Extent Information

E10This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

27.  A notified body must make provision in its contracts with its clients enabling such clients to appeal against a decision—

(a)to refuse to issue a certificate of conformity or grant an approval;

(b)to restrict, suspend or withdraw a certificate of conformity or approval.

Extent Information

E22This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

28.  [F12An approved] body must provide other bodies [F7approved] under these Regulations carrying out similar conformity assessment activities covering the same vessels with relevant information on issues relating to negative and, on request, positive conformity assessment results.

Extent Information

E11This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

28.  A notified body must provide other bodies notified under these Regulations carrying out similar conformity assessment activities covering the same vessels with relevant information on issues relating to negative and, on request, positive conformity assessment results.

Extent Information

E23This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

29.  [F13An approved] body must participate in the work of any [F7approved] body coordination group established [F14by the Secretary of State], directly or by means of its designated representatives.

Extent Information

E12This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

29.  A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.

Extent Information

E24This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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