The Pressure Equipment (Safety) Regulations 2016

[F1 User inspectorates E+W+S

53.— (1) A user inspectorate is a conformity assessment body which—

(a) has been approved as a user inspectorate by the Secretary of State under regulation 54 (approval of conformity assessment bodies); or

(b) immediately before IP completion day—

(i) was a conformity assessment body which the Secretary of State had before IP completion day notified to the European Commission and the member States of the European Union as a user inspectorate, in accordance with Article 20 of the Directive;

(ii) in respect of which no objections had been raised, as referred to in regulation 53(1)(b), as it had effect immediately before IP completion day; and

(iii) in respect of which the Secretary of State had taken no action under regulation 62(1) or (2), as they had effect immediately before IP completion day, to suspend or withdraw the body's status as a recognised third party organisation.

(2) Paragraph (1) has effect subject to regulation 61 (restriction, suspension or withdrawal of approval (user inspectorates)).]

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Pt. 4 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 24 para. 35 (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, reg. 1, Sch. 1 para. 1(m)); 2020 c. 1, Sch. 5 para. 1(1)

User inspectorates N.I.

53.—(1) For the purposes of these regulations, a user inspectorate is a conformity assessment body—

(a) which has been notified by the Secretary of State to the Commission and the other [F2 relevant states] as a user inspectorate—

(i) under regulation 55 (notification); or

(ii) before the date these Regulations come into force, in accordance with Article 21 of the Directive (as amended from time to time); and

(b) in respect of which no objection [F3 other than an immaterial objection,] has been raised by the European Commission or other [F4 relevant states]—

(i) within two weeks of a notification, where the notification is accompanied by an accreditation certificate; or

(ii) within two months of a notification, where the notification is not accompanied by an accreditation certificate.

[F5 (c) in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—

(i) the conformity assessment body is established in the United Kingdom; or

(ii) the accreditation certificate was issued by the United Kingdom Accreditation Service.]

(2) Paragraph (1) has effect subject to regulation 62 (changes to notifications).

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F2 Words in reg. 53(1)(a) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 5(1)

F3 Words in reg. 53(1)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 12 para. 1(2)(4)

F4 Words in reg. 53(1)(b) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 5(1)

F5 Reg. 53(1)(c) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 12 para. 1(2)(5)