The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024

Part 2 Amendment to subordinate legislation

Amendment to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003

2.—(1) The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003(1) are amended as follows.

(2) In regulation 2(2) (interpretation)—

(a) for the definition of “competent laboratory” substitute—

““competent laboratory” means a laboratory which—

(a)

is accredited by the United Kingdom Accreditation Service under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation;

(b)

is based in the United Kingdom or in the territory of a party to the CPTPP; and

(c)

has sufficient equipment, facilities and expertise to conduct a detonation resistance test and is independent from any person having an interest in the outcome of such test;”;

(b) after the definition of “competent laboratory” insert—

““the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024;”;

(c) omit “and” at the end of the definition of “unique numbered copy”; and

(d) after the definition of “unique numbered copy” insert—

““United Kingdom Accreditation Service” means a company limited by guarantee incorporated in England and Wales under number 03076190; and”.

(3) In regulation 13(2) (transitional provision) after “were a reference to the United Kingdom or the European Union” insert “, and as if words “from the United Kingdom Accreditation Service” were omitted for laboratories based in the European Union”.

Amendment to the Ecodesign for Energy-Related Products Regulations 2010

3.  In paragraph 10 (UK national accreditation body) of Schedule 1B (conformity assessment bodies) to the Ecodesign for Energy-Related Products Regulations 2010(2)—

(a) for sub-paragraph (1) substitute—

“(1) A conformity assessment body must have legal personality and must be established in—

(a) Great Britain; or

(b) the territory of a party to the CPTPP.”; and

(b) after sub-paragraph (1) insert—

“(1A) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Toys (Safety) Regulations 2011

4.  For paragraph 1 of Schedule 7 (approved body requirements) to the Toys (Safety) Regulations 2011(3) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Explosives Regulations 2014

5.  For paragraph 1 of Schedule 15 (approved body requirements) to the Explosives Regulations 2014(4) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Merchant Shipping (Marine Equipment) Regulations 2016

6.  For paragraph 2 of Schedule 3 (requirements to be met by conformity assessment bodies in order to become approved bodies) to the Merchant Shipping (Marine Equipment) Regulations 2016(5) substitute—

“2.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Electromagnetic Compatibility Regulations 2016

7.  For paragraph 1 of Schedule 5 (requirements for approved bodies) to the Electromagnetic Compatibility Regulations 2016(6) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Simple Pressure Vessels (Safety) Regulations 2016

8.  For paragraph 1 of Schedule 4 (approved bodies) to the Simple Pressure Vessels (Safety) Regulations 2016(7) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Lifts Regulations 2016

9.  For paragraph 1 of Schedule 4 (approved body requirements) to the Lifts Regulations 2016(8) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Pressure Equipment (Safety) Regulations 2016

10.—(1) The Pressure Equipment (Safety) Regulations 2016(9) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “conformity assessment procedure” insert—

““the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024;”.

(3) In paragraph 31 (materials) of Schedule 2 (essential safety requirements), for sub-paragraph (8) substitute—

“(8) Certificates issued by a material manufacturer are presumed to certify conformity with the relevant requirements of this paragraph where the manufacturer has an appropriate quality-assurance system that—

(a) is certified by a competent body established in—

(i) the United Kingdom;

(ii) the territory of an EEA state; or

(iii) the territory of a party to the CPTPP; and

(b) has undergone a specific assessment for materials.”.

(4) For paragraph 2 of Schedule 4 (approved body requirements) substitute—

“2.   A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.”.

Amendment to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

11.  For paragraph 1 of Schedule 2 (approved body requirements) to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016(10) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Non-automatic Weighing Instruments Regulations 2016

12.  For paragraph 1 of Schedule 3 (approved body requirements) to the Non-automatic Weighing Instruments Regulations 2016(11) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Measuring Instruments Regulations 2016

13.  For paragraph 1 of Schedule 5 (requirements related to approved bodies) to the Measuring Instruments Regulations 2016(12) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Recreational Craft Regulations 2017

14.  For paragraph 1 of Schedule 11 (requirements of approved bodies) to the Recreational Craft Regulations 2017(13) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to the Radio Equipment Regulations 2017

15.  For paragraph 1 of Schedule 8 (approved body requirements) to the Radio Equipment Regulations 2017(14) substitute—

“1.— (1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

(1)

S.I. 2003/1082, amended by S.I. 2011/1885, 2019/306, 2019/601, 2022/29, 2022/1182; there are other amending instruments but none is relevant.

(2)

S.I. 2010/2617; Schedule 1B was inserted by S.I. 2019/539; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(3)

S.I. 2011/1881; Schedule 7 was inserted by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(4)

S.I. 2014/1638; Schedule 15 was inserted by S.I. 2016/315 and amended by 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(5)

S.I. 2016/1025. Schedule 3 was inserted by S.I. 2019/470; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(6)

S.I. 2016/1091, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(7)

S.I. 2016/1092, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(8)

S.I. 2016/1093, amended by S.I. 2016/1186, 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(9)

S.I. 2016/1105, amended by S.I. 2019/696, 2024/XXXX; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(10)

S.I. 2016/1107, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(11)

S.I. 2016/1152, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(12)

S.I. 2016/1153, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(13)

S.I. 2017/737, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(14)

S.I. 2017/1206, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.