[F1Restriction, suspension or withdrawal of approvalE+W+S
51.—(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 50(b),
the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 48 (approval of conformity assessment bodies).
(2) With the consent of an approved body, or where the Secretary of State determines that an approved body no longer meets a condition in accordance with regulation 50(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 48 (approval of conformity assessment bodies).
(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the failure.
(4) Before taking action under paragraph (1) or (2), the Secretary of State must—
(a)give notice in writing to the approved body of the proposed action and the reasons for it;
(b)give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of that notice; and
(c)consider any such representations made by the approved body.
(5) 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 activity, the approved body must—
(a)on the request of the Secretary of State, transfer its files to another approved body or to the Secretary of State; or
(b)in the absence of a request under sub-paragraph (a), ensure that its files relating to the activities it has undertaken as an approved body are kept available for the Secretary of State and competent authorities for a period of 10 years from the date they were created.
(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.
(7) The Secretary of State may impose a monetary penalty on an approved body that fails to comply with any requirement imposed by or under paragraph (5).
(8) Schedule 5 has effect in relation to monetary penalties imposed under paragraph (7).]
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
F1Pt. 5 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. 26 para. 32 (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/852, reg. 4(2), Sch. 1 paras. 1(o)(v), (vi)); 2020 c. 1, Sch. 5 para. 1(1)
Contents of notificationN.I.
51. A notification under regulation 49 (notification) must include—
(a)details of—
(i)the conformity assessment activities in respect of which the conformity assessment body has made its application for notification;
(ii)the conformity assessment module in respect of which the conformity assessment body has made its application for notification;
(iii)the regulated non-automatic weighing instrument in respect of which the conformity assessment body has made its application for notification; and
(b)either or both of the following—
(i)an accreditation certificate; or
(ii)documentary evidence which attests to—
(aa)the conformity assessment body's competence; and
(bb)the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to meet the notified body requirements.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only