xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Regulation 11

SCHEDULE 8E+W+SAmendment of the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

IntroductionE+W+S

1.  The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 are amended in accordance with paragraphs 2 to 27.

Commencement Information

I1Sch. 8 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 2E+W+S

2.  Regulation 2 is amended as follows—

(a)in paragraph (1)—

(i)in sub-paragraph (a) after “equipment for use outdoors” insert “as it has effect immediately before [F1IP completion day]”;

(ii)omit sub-paragraph (b); and

(iii)for sub-paragraph (c) substitute—

“(c)unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference to a paragraph in a regulation is a reference to a paragraph in that regulation.”;

(b)in paragraph (2)—

(i)before the definition of “CE marking” insert—

““approved body” has the meaning given to it in regulation 13”;

(ii)in the definition of “CE marking”—

(aa)for “regulation 11” substitute “ Article 3(c) of the Directive ”, and

(bb)for “Schedule 7” substitute “ Annex IV to the Directive ”;

(iii)omit the definition of “the Commission”;

(iv)in the definition of “equipment for use outdoors”, omit from “all the kinds of machinery” to “that is to say”;

[F2(v)in the definition of “responsible person”—

(aa)for “European Union” in the first two places in which it occurs substitute “ United Kingdom ”;

(bb)for “the European Union” in sub-paragraph (c) in the second place in which it occurs substitute “Great Britain”;]

(vi)omit the definition of “notified body”; and

(vii)after the definition of “sound power level LWA” insert—

““UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;”.

Textual Amendments

F1Words in Sch. 8 para. 2(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(b)(i)

Commencement Information

I2Sch. 8 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 7E+W+S

3.  In regulation 7—

(a)in paragraph (2)(c) for “CE” substitute “ UK ”;

(b)in paragraph (2)(d) for “an EC” substitute “ a ”; and

[F3(ba)before paragraph (3) insert—

“(2A) Where paragraph (2B) applies, paragraph (2)(c) is met where the UK marking is affixed to—

(a)a label affixed to the equipment; or

(b)a document accompanying the equipment.

(2B) This paragraph applies to equipment that is placed on the market within a period of 24 months beginning with IP completion day.”]

(c)in paragraph (3), omit “In respect of” to “Kingdom,”.

Textual Amendments

Commencement Information

I3Sch. 8 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 9E+W+S

4.  In regulation 9, in paragraph (a)—

[F4(a)in sub-paragraph (i) for “the European Union” substitute “ Great Britain ”;]

[F5(aa)for sub-paragraph (ii) substitute—

“(ii)is imported into Great Britain for re-export to Northern Ireland or a country outside of the United Kingdom;”]

(b)for “CE” substitute “ UK ”.

Textual Amendments

Commencement Information

I4Sch. 8 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 11E+W+S

5.  In regulation 11—

(a)for “CE” substitute “ UK ” in each place it occurs;

(b)for “directives” substitute “ enactments ” in each place it occurs; F6...

[F7(ba)at the end of paragraph (2) insert “ or, where regulation 7(2B) applies, to a label affixed to the equipment or to a document accompanying the equipment ”;]

(c)in paragraph (4), omit “as published in the Official Journal of the European Union”.

Textual Amendments

F6Word in Sch. 8 para. 5(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 5(5)(a)

Commencement Information

I5Sch. 8 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 12E+W+S

6.  In regulation 12 omit “and to the Commission”.

Commencement Information

I6Sch. 8 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Insertion of regulation 12AE+W+S

7.  After regulation 12 insert—

“Obligations which are met by complying with obligations in the Directive

12A.—(1) In this regulation—

(a)any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b)“conformity assessment procedure” has the meaning given to it in Article 3(b).

(2) Paragraph (3) applies where, before placing equipment on the market or putting it into service in [F8Great Britain], a responsible person—

(a)ensures that the equipment satisfies the requirements of the Directive concerning noise emission in the environment;

(b)ensures that the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;

(c)ensures that the technical documentation referred to in Article 14 and Annexes V to VIII, and any other records and correspondence relating to the relevant conformity assessment procedure set out in those provisions, are prepared in or translated into English;

(d)ensures that the equipment bears a CE marking and an indication of the guaranteed sound power level in accordance with Article 11;

(e)draws up an EC declaration of conformity, in accordance with Article 8; and

(f)ensures that the EC declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a)the requirements of regulation 7(2) and (3) are to be treated as being satisfied;

(b)regulations 7(4), 11, 12, 16(1), 17 and 18 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4); and

(c)regulation 10 does not apply.

(4) The modifications referred to in paragraph (3)(b) are that—

(a)any reference to “declaration of conformity” is to be read as a reference to the EC declaration of conformity referred to in Article 8(1);

(b)any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 8(3);

(c)any reference to “UK marking” is to be read as a reference to the CE marking; and

(d)for the purposes of regulation 16(1)—

(i)the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);

(ii)the reference to regulation 7(2)(d) is to be read as a reference to Article 8(1); and

(iii)the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

[F9Expiry of regulation 12A

12B.—(1) Subject to paragraph (2), regulation 12A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 12A—

(a)any equipment which was placed on the market or put into service pursuant to regulation 12A may continue to be made available on the market on or after the expiry of regulation 12A;

(b)any obligation to which a person was subject under regulation 12A(2) in respect of equipment placed on the market or put into service pursuant to regulation 12A continues to have effect after the expiry of regulation 12A, in respect of that equipment.

Qualifying Northern Ireland Goods

12C.—(1) Where paragraph (2) applies the requirements in regulation 7(2) and (3) and regulations 10 and 11 are to be treated as being satisfied.

(2) This paragraph applies where equipment is—

(a)qualifying Northern Ireland goods; and

(b)meets the requirements of regulation 16, as it applies in Northern Ireland.

(3) In this regulation “qualifying Northern Ireland goods has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.”].

Textual Amendments

Commencement Information

I7Sch. 8 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 13E+W+S

8.  For regulation 13 substitute—

“Approved Bodies

13.—(1) For the purposes of these Regulations, an approved body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10(a) and which—

(a)has been appointed as an approved body in the United Kingdom pursuant to regulation 14; or

(b)immediately before [F10IP completion day] was a notified body in respect of which the Secretary of State had taken no action under regulation 14(2)(e) as it had effect immediately before [F10IP completion day], to terminate the appointment.

(2) In this regulation “notified body” means a body which before [F10IP completion day] has been—

(a)appointed as a notified body in the United Kingdom pursuant to regulation 14, as it had effect immediately before [F10IP completion day]; and

(b)notified by the Secretary of State to the European Commission and other member States pursuant to Article 15 of the Directive.”.

Textual Amendments

F10Words in Sch. 8 para. 8 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(b)(ii)

Commencement Information

I8Sch. 8 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 14E+W+S

9.  In regulation 14—

(a)for “a notified” substitute “ an approved ” in each place it occurs;

(b)in paragraph (1), after “such persons” insert “ which meet the approved body requirements, ”;

(c)in paragraphs (1), (2)(d), (5)(a) and (5)(b) for “notified” substitute “ approved ”;

(d)in paragraph (2)(e), after “any of” insert “ the approved body requirements or ”;

(e)after paragraph (6) insert—

“(7) In this regulation “approved body requirements” means the requirements set out in Schedule 12A.”.

Commencement Information

I9Sch. 8 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Insertion of regulation 14AE+W+S

10.  After regulation 14 insert—

“Register of approved bodies

14A.—(1) The Secretary of State must—

(a)assign an approved body identification number to each approved body; and

(b)compile and maintain a register of—

(i)approved bodies;

(ii)their approved body identification numbers;

(iii)the activities for which they have been approved; and

(iv)any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.”.

Commencement Information

I10Sch. 8 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 15E+W+S

11.  In regulation 15—

(a)in paragraph (1), for “a notified” in both places in which it occurs substitute “ an approved ”; and

(b)in paragraph (1)(a), for “notified” substitute “ approved ”.

Commencement Information

I11Sch. 8 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 16E+W+S

12.  In regulation 16—

(a)in paragraph (1)(a), for “CE” substitute “ UK ”; and

(b)in paragraph (1)(b) for “an EC” substitute “ a ”.

Commencement Information

I12Sch. 8 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 17E+W+S

13.  In regulation 17—

(a)in paragraph (2) for “CE” substitute “ UK ”;

(b)in paragraph (2)(a) and (b) [F11omit “established within the European Union”]; and

(c)in paragraph (3) for “CE” substitute “ UK ” in each place it occurs.

Textual Amendments

Commencement Information

I13Sch. 8 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Transitional provision in relation to EU ExitE+W+S

14.  After regulation 22, insert—

“Transitional provision in relation to EU Exit

23.—(1) In this regulation—

“pre-exit period” means the period beginning with 3rd July 2001 and ending immediately before [F12IP completion day];

“product” means equipment to which these Regulations apply.

(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 8 of the Product Safety and Metrology etc. (Amendments etc.) (EU Exit) Regulations 2019 M1, any obligation to which a person was subject under these Regulations as they had effect immediately before [F12IP completion day], continues to have effect as it did immediately before [F12IP completion day], in relation to that product.

(3) Paragraph (2) does not apply to any obligation to take action outside of the United Kingdom in respect of that product.

(4) Where, during the pre-exit period—

(a)a product has not been placed on the market; and

(b)a manufacturer has taken any action under regulation 7(2)(b) as it had effect immediately before [F12IP completion day] in relation to that product

that action has effect as if it had been done under regulation 7(2)(b) as it has effect on and after [F12IP completion day].”.

Textual Amendments

F12Words in Sch. 8 para. 14 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(b)(iii)

Commencement Information

I14Sch. 8 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

Amendment to Schedule 1E+W+S

].15.  In Schedule 1—

(a)for “Annex I” substitute “ Schedule 4 ” in each place it occurs; and

(b)for “Annex III” substitute “ Schedule 6 ” in each place it occurs.

Commencement Information

I15Sch. 8 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 2E+W+S

16.  In Schedule 2—

(a)for “Annex I” substitute “ Schedule 4 ” in each place it occurs; and

(b)for “Annex III” substitute “ Schedule 6 ” in each place it occurs.

Commencement Information

I16Sch. 8 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 3E+W+S

17.  In the heading to Schedule 3 after “(Extract from Article 12)” insert “ Permissible Sound Power Levels ”.

Commencement Information

I17Sch. 8 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 5E+W+S

18.  In Schedule 5—

(a)omit “EC” in each place it occurs;

(b)[F13omit “established in the European Union”] in each place it occurs;

(c)for “notified” substitute “ approved ”;

(d)for “this Directive” substitute “ these Regulations ” in each place it occurs; and

(e)for “Community Directives” substitute “ other enactments ”.

Textual Amendments

Commencement Information

I18Sch. 8 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 6E+W+S

19.  In Schedule 6—

(a)under the subheading “Scope”—

(i)for “this Annex” substitute “ this Schedule ” in each place it occurs;

(ii)for “this Directive” substitute “ these Regulations ” in each place it occurs;

(iii)for “Article 2(1)” substitute “ regulation 3 (application) ” in each place it occurs; and

(iv)[F14omit “in the European Union”];

(b)under the subheading “Part A Basic Noise Emission Standard”—

(i)in the first line, for “Article 2(1)” substitute “ regulation 3 (application) ”;

(ii)in paragraphs 5 and 6 for “this Directive” substitute “ these Regulations ”.

Textual Amendments

Commencement Information

I19Sch. 8 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 7E+W+S

20.  In Schedule 7—

(a)for “CE” substitute “ UK ” in each place it occurs;

(b)for “taking the following form” the first time it occurs, substitute “ taking the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ” the first time it occurs; and

(c)omit the first diagram.

Commencement Information

I20Sch. 8 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 8E+W+S

21.  In Schedule 8—

(a)in paragraph 1—

(i)for “Annex” substitute “ Schedule ”;

[F15(ia)omit “established within the European Union”;]

(ii)[F16omit “established in the European Union”] F17...;

(iii)for “this Directive” substitute “ these Regulations ”;

(iv)for “CE” substitute “ UK ”;

(v)for “in Article 11” substitute “ by regulation 7(2)(c), regulation 11 and Schedule 7 ”;

(vi)omit “EC”; and

(vii)for “in Article 8” substitute “ by regulation 7(2)(d) and Schedule 5 ”;

(b)in paragraph 2—

(i)[F18omit “established in the European Union”] in each place it occurs; and

(ii)omit “EC”;

(c)in paragraph 3—

(i)for “this Directive” substitute “ these Regulations ” in each place it occurs; and

(ii)[F19omit “established in the European Union”]; and

(d)in paragraph 4 for “this Directive” substitute “ these Regulations ”.

Textual Amendments

F17Words in Sch. 8 para. 21(a)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(3), 10(g); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I21Sch. 8 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 9E+W+S

22.  In Schedule 9—

(a)in paragraph 1—

(i)for “Annex” substitute “ Schedule ”;

(ii)[F20omit “established in the European Union”] in each place it occurs;

(iii)for “this Directive” substitute “ these Regulations ”;

(iv)for “CE” substitute “ UK ”;

(v)for “Article 11” substitute “ regulation 7(2)(c), regulation 11 and Schedule 7 ”; and

(vi)for “Article 8” substitute “ regulation 7(2)(d) and Schedule 5 ”;

(b)in paragraph 2—

(i)[F21omit “established in the European Union”] in each place it occurs; and

(ii)omit “EC”;

(c)in paragraph 3—

(i)for “this Directive” substitute “ these Regulations ” in each place it occurs; and

(ii)[F22omit “established in the European Union”];

(d)in paragraph 4 for “this Directive” substitute “ these Regulations ”;

(e)in paragraph 5—

(i)for “the notified” substitute “ the approved ” in each place it occurs;

(ii)for “a notified” substitute “ an approved ”;

(iii)[F23omit “established in the European Union”] in each place it occurs;

[F24(iiia)omit “established within the European Union”;]

(iv)for “CE” substitute “ UK ”;

(v)for “an EC” substitute “ a ”; and

(vi)for “Articles 11 and 8” substitute “ regulation 7(2)(c) and (d), regulation 11 and Schedules 5 and 7 ”;

(f)in paragraph 6—

(i)for “notified” substitute “ approved ” in each place it occurs;

(ii)[F25omit “established in the European Union”] in each place it occurs;

[F26(iia)omit “established within the European Union”;]

(iii)for “this Directive” substitute “ these Regulations ” in each place it occurs;

(iv)for “Article 11” substitute “ regulation 7(2)(c), regulation 11 and Schedule 7 ” in each place it occurs;

(v)for “Article 8” substitute “ regulation 7(2)(d) and Schedule 5 ” in each place it occurs;

(vi)for “Annex III” substitute “ Schedule 6 ” in each place it occurs; and

(vii)for “notifying Member State” substitute “ Secretary of State ”.

Textual Amendments

Commencement Information

I22Sch. 8 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 10E+W+S

23.  In Schedule 10—

(a)in paragraph 1—

(i)for “Annex” substitute “ Schedule ”;

(ii)for “this Directive” substitute “ these Regulations ”;

(iii)[F27omit “established in the European Union”] in each place it occurs;

(iv)for “CE” substitute “ UK ”;

(v)for “Article 11” substitute “ regulation 7(2)(c), regulation 11 and Schedule 7 ”

(vi)omit “EC”; and

(vii)for “Article 8” substitute “ regulation 7(2)(d) and Schedule 5 ”;

(b)in paragraph 2—

(i)[F28omit “established in the European Union”];

(ii)for “a notified” substitute “ an approved ”;

(iii)for “other notified” substitute “ other approved ”; and

(iv)for “this Directive” substitute “ these Regulations ”;

(c)in paragraph 3—

(i)for “notified” substitute “ approved ”; and

(ii)for “this Directive” substitute “ these Regulations ” in each place it occurs;

(d)in paragraph 4—

(i)for “this Directive” substitute “ these Regulations ”;

(ii)for “notified” substitute “ approved ” in each place it occurs; and

(iii)for “Annex X” substitute “ Schedule 12 ”;

(e)in paragraph 5 [F29omit “established in the European Union”].

Textual Amendments

Commencement Information

I23Sch. 8 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 11E+W+S

24.  In Schedule 11—

(a)in paragraph 1—

(i)for “Annex” substitute “ Schedule ”;

(ii)for “this Directive” substitute “ these Regulations ”;

(iii)[F30omit “established in the European Union”];

(iv)for “CE” substitute “ UK ”;

(v)for “Article 11” substitute “ regulation 7(2)(c), regulation 11 and Schedule 7 ”;

(vi)omit “EC”; and

(vii)for “Article 8” substitute “ regulation 7(2)(d) and Schedule 5 ”;

(b)in paragraph 3.1—

(i)for “a notified” substitute “ an approved ”;

(ii)[F31omit “established in the European Union”] ;

(iii)for “this Directive” substitute “ these Regulations ” in each place it occurs; and

(iv)omit “EC”;

(c)in paragraph 3.2 for “Directives” substitute “ enactments ”;

(d)in paragraph 3.3 for “notified” substitute “ approved ” the first time it occurs;

(e)in paragraph 3.4—

[F32(i)omit “established within the European Union”;]

(ii)for “notified” substitute “ approved ” in each place it occurs;

(f)in paragraph 4, for “notified” substitute “ approved ” in each place it occurs;

(g)in paragraph 5—

(i)for “Annex” substitute “ Schedule ”; and

(ii)for “notified” substitute “ approved ”;

(h)in point 6, for “notified” substitute “ approved ” in each place it occurs.

Textual Amendments

Commencement Information

I24Sch. 8 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 12E+W+S

25.  In Schedule 12, in the model of conformity certificate—

(a)omit “EC” in each place it occurs;

(b)for “Issuing Directive Applicable” substitute “ Enactments Applicable ”; and

(c)for “EC Directive Applicable .. ../.. .. ../EC” substitute “ Enactments Applicable … ”.

Commencement Information

I25Sch. 8 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Insertion of Schedule 12AE+W+S

26.  After Schedule 12 insert—

Regulation 14

“SCHEDULE 12AE+W+SApproved body requirements

1.—(1) The body, its director and its staff responsible for carrying out verification operations may be neither the designer, builder, supplier or installer of the equipment nor the authorised representative established in the United Kingdom of any of those parties. They may become involved neither directly nor as authorised representatives in the design, construction, marketing or maintenance of such equipment nor represent the parties engaged in these activities.

(2) Sub-paragraph (1) does not preclude the possibility of exchange of technical information between the manufacturer and the body.

2.  The body and its staff must carry out the assessments and verifications with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their work, especially from persons or groups of persons with an interest in the results of verification.

3.  The body must have at its disposal the necessary staff and possess the necessary facilities to enable it to perform properly the technical and administrative tasks connected with inspection and surveillance operations; it must also have access to the equipment required for any special verification.

4.  The staff responsible for inspection must have—

(a)sound technical and professional training;

(b)satisfactory knowledge of the requirements for the assessment of technical documentation;

(c)satisfactory knowledge of the requirements for the tests they carry out and adequate practical experience of such tests;

(d)the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.

5.  The body must be able to demonstrate the impartiality of its inspection staff.

6.  The remuneration of the inspection staff must not depend on the number of tests carried out or the results of such tests.

7.  The body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.

8.  The body must ensure that its staff observe professional secrecy with regard to all information gained in carrying out its tests under these Regulations.

9.  Paragraph 8 does not prevent the staff from providing the information to the Secretary of State.”.

Commencement Information

I26Sch. 8 para. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 13E+W+S

27.  In Schedule 13, in paragraph 8 for “an EC” substitute “ a ” in each place it occurs.

Commencement Information

I27Sch. 8 para. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1