[Restriction, suspension or withdrawal of approvalE+W+S
This section has no associated Explanatory Memorandum
59.—(1) Where the Secretary of State determines that an approved body—
(a)no longer meets an approved body requirement; or
(b)is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 58(b),
the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 55 (approved bodies).
(2) With the consent of the approved body or where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 58(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 55.
(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.
(4) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activities, the approved body must—
(a)at the request of the Secretary of State, transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or
(b)in the absence of a request under sub-paragraph (a), keep its files relating to the activities it has undertaken as an approved body available for inspection by the Secretary of State and the market surveillance authorities for a period of 10 years from the date they were created.
(5) The activities undertaken as an approved body referred to in paragraph (4) include any activities that the body has undertaken as a notified body.]
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Textual Amendments
Monitoring of notified bodiesN.I.
59.—(1) The Secretary of State must monitor each notified body with a view to verifying that the notified body—
(a)continues to meet the notified body requirements;
(b)complies with any condition set in accordance with regulation 56(6)(b); and
(c)carries out its functions in accordance with these Regulations.
(2) The Secretary of State must inform the European Commission of the United Kingdom’s procedures for the monitoring of notified bodies, and any changes to those procedures.
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Commencement Information