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Textual Amendments
F1Words in Sch. 1 heading inserted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 2
38. For the heading of Chapter 7, substitute “ Approved Bodies ”.
Commencement Information
I1Sch. 1 para. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
39. Omit Article 39 (notification).
Commencement Information
I2Sch. 1 para. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
40. After Article 39 (omitted by paragraph 39), insert—
1. An “approved body” is a body which:
(a)is approved by the Secretary of State under Article 48 as a body authorised to carry out third party tasks in the process of assessment and verification of constancy of performance under this Regulation; or
(b)immediately before [F2IP completion day] was a notified body in respect of which the Secretary of State had taken no action under Article 50(1) (as it had effect immediately before [F2IP completion day]) to suspend or withdraw the body's status as a notified body.
2. Paragraph 1 has effect subject to Article 50(1) (restriction, suspension or withdrawal of approval).
3. Where an approved body was a notified body before [F2IP completion day]:
(a)it is to be treated on or after [F2IP completion day] as approved in respect of the same activities in relation to a harmonised standard in respect of which it was notified immediately before [F2IP completion day] where that standard becomes designated under Article 18B(2);
(b)any horizontal notification which was in force immediately before [F2IP completion day] in relation to a case set out in point 3 of Annex 5 to the EU Construction Products Regulation is to be treated on or after [F2IP completion day] as a horizontal approval under this Regulation.”.
Textual Amendments
F2Words in Sch. 1 para. 40 substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(f)
Commencement Information
I3Sch. 1 para. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
41.—(1) Article 40 (notifying authorities) is amended as follows.
(2) For the heading, substitute “ Assessment, approval and monitoring of approved bodies ”.
(3) In paragraph 1—
(a)for “Member States shall designate a notifying authority that” substitute “ The Secretary of State ”;
(b)for “notification” substitute “ approval ”;
(c)for “notified” substitute “ approved ”.
(4) In paragraph 2—
(a)for “Member States”” substitute “ The Secretary of State ”
(b)for “their national accreditation bodies within the meaning of, and in accordance with, Regulation (EC) No 765/2008” substitute “ the UK national accreditation body ”.
(c)For paragraph 3, substitute—
“3. Where the Secretary of State delegates or otherwise entrusts the assessment, approval or monitoring referred to in paragraph 1 to a body which is not a governmental entity, that body must be a legal entity and must comply with the following requirements:
(a)it must be established in such a way that no conflicts of interest with approved bodies occur;
(b)it must be organised and operated so as to safeguard the objectivity and impartiality of its activities;
(c)it must be organised in such a way that each decision relating to approval of a body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance is taken by competent persons different from those who carried out the assessment;
(d)it must not offer or provide activities performed by approved bodies, or consultancy services on a commercial or competitive basis;
(e)it must safeguard the confidentiality of the information obtained;
(f)it must have a sufficient number of competent personnel at its disposal for the proper performance of its tasks;
(g)it must have arrangements to cover liabilities arising from its activities.”.
(5) In paragraph 4, for “notifying authority” substitute “ Secretary of State ”.
Commencement Information
I4Sch. 1 para. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
42. Omit Articles 41 (requirements relating to notifying authorities) and 42 (information obligation for Member States).
Commencement Information
I5Sch. 1 para. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
43.—(1) Article 43 (requirements for notified bodies) is amended as follows.
(2) In the heading, for “notified” substitute “ approved ”.
(3) In paragraph 1, for “For the purposes of notification, a notified” substitute “ An approved ”.
(4) In paragraph 2—
(a)for “A notified” substitute “ An approved ”;
(b)for “under national law” substitute “ in the United Kingdom ”;
(5) In paragraphs 3 to 6—
(a)for “a notified”, in each place it occurs, substitute “ an approved ”;
(b)for “notified”, in each place it occurs (except in the words substituted by paragraph (a)), substitute “ approved ”.
(6) In paragraph 7—
(a)for “notified”, in both places, substitute “ approved ”;
(b)in point (c), for “harmonised” substitute “designated.
(7) In paragraph 8, for “notified”, in both places, substitute “ approved ”.
(8) For paragraph 9, substitute—
“9. An approved body must have adequate liability insurance in respect of its activities.”.
(9) In paragraph 10—
(a)for “notified” substitute “ approved ”;
(b)for the words from “the competent” to the end of the sentence substitute “ a competent authority, the UK national accreditation body or any other body to which the Secretary of State delegates or otherwise entrusts the monitoring of the approved body. ”.
(10) In paragraph 11—
(a)for “A notified” substitute “ An approved ”;
(b)for “notified”, in the second place it occurs, substitute “ approved ”.
Commencement Information
I6Sch. 1 para. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
44. In Article 44 (presumption of conformity)—
(a)for “A notified” substitute “ An approved ”;
(b)for “harmonised”, in both places, substitute “ designated ”;
(c)omit the words from “, the references” to “Union,”.
Commencement Information
I7Sch. 1 para. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
45.—(1) Article 45 (subsidiaries and subcontractors of notified bodies) is amended as follows.
(2) In the heading, for “notified” substitute “ approved ”.
(3) In paragraph 1—
(a)for “a notified” substitute “ an approved ”;
(b)for “notifying authority” substitute “ Secretary of State ”.
(4) In paragraph 2, for “notified” substitute “ approved ”.
(5) In paragraph 4—
(a)for “notified” substitute “ approved ”;
(b)for “notifying authority” substitute “ Secretary of State ”.
Commencement Information
I8Sch. 1 para. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
46. In Article 46 (use of facilities outside the testing laboratory of the notified body), for “notified”, in each place it occurs (including the heading) substitute “ approved ”.
Commencement Information
I9Sch. 1 para. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
47.—(1) Article 47 (applications for notification) is amended as follows.
(2) In the heading, for “notification” substitute “ approval ”.
(3) In paragraph 1—
(a)for “notification” substitute “ approval ”;
(b)for the words from “notifying” to the end of the sentence substitute “ Secretary of State. ”.
(4) In paragraph 2—
(a)after “issued by the” insert “ UK ”;
(b)omit “within the meaning of Regulation (EC) No 765/2008”.
(5) In paragraph 3, for “notifying authority” substitute “ Secretary of State ”.
Commencement Information
I10Sch. 1 para. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
48.—(1) Article 48 (notification procedure) is amended as follows.
(2) In the heading, for “Notification” substitute “ Approval ”.
(3) In paragraph 1—
(a)for “Notifying authorities” substitute “ The Secretary of State ”;
(b)for “notify” substitute “ approve ”.
(4) Omit paragraph 2.
(5) In paragraph 3, for “notification” substitute “ approval ”.
(6) Omit paragraphs 4 to 6.
Commencement Information
I11Sch. 1 para. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
49.—(1) Article 49 (identification numbers and lists of notified bodies) is amended as follows.
(2) In the heading, for “notified” substitute “ approved ”.
(3) In paragraph 1—
(a)for “Commission” substitute “ Secretary of State ”;
(b)for “notified”, in both places, substitute “ approved ”;
(c)for “Union acts” substitute “ relevant enactments ”.
(4) In paragraph 2—
(a)in the first subparagraph—
(i)for “Commission”, in the first place it occurs, substitute “ Secretary of State ”;
(ii)for “bodies notified under this Regulation” substitute “ approved bodies ”;
(iii)for the words from “notified, notably” to the end of the sentence substitute “ approved. ”;
(b)in the second subparagraph, for “Commission” substitute “ Secretary of State ”.
(5) After paragraph 2, insert—
“3. The Secretary of State may authorise the UK national accreditation body to compile and maintain the list referred to in paragraph 2.”.
Commencement Information
I12Sch. 1 para. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
50. For Article 50 (changes to the notification), substitute—
1. Where the Secretary of State considers that an approved body no longer meets the requirements in Article 43, or that it is failing to fulfil its obligations, the Secretary of State must restrict, suspend or withdraw the approval as appropriate, depending on the seriousness of the failure to meet those requirements or to fulfil those obligations.
2. In the event of withdrawal, restriction or suspension of approval or where the approved body has ceased its activity, the Secretary of State must take the appropriate steps to ensure that the files of that body are either processed by another approved body or kept available for the Secretary of State and other market surveillance authorities at their request.”.
Commencement Information
I13Sch. 1 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
51. Omit Article 51 (challenge of the competence of notified bodies).
Commencement Information
I14Sch. 1 para. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
52.—(1) Article 52 (operational obligations for notified bodies) is amended as follows.
(2) In the heading and paragraphs 1 and 2, for “notified”, in each place it occurs, substitute “ approved ”.
(3) In paragraphs 3 and 4, for “a notified” substitute “ an approved ”.
(4) In paragraph 5, for “notified” substitute “ approved ”.
Commencement Information
I15Sch. 1 para. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
53.—(1) Article 53 (information obligations for notified bodies) is amended as follows.
(2) In the heading, for “notified” substitute “ approved ”.
(3) In paragraph 1—
(a)in the words before point (a)—
(i)for “Notified” substitute “ Approved ”;
(ii)for “notifying authority” substitute “ Secretary of State ”;
(b)in points (b) and (d), for “notification” substitute “ approval ”.
(4) In paragraph 2, for “notified”, in both places, substitute “ approved ”.
Commencement Information
I16Sch. 1 para. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
54. Omit Article 54 (exchange of experience).
Commencement Information
I17Sch. 1 para. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
55. For Article 55 (coordination of notified bodies) substitute—
1. The Secretary of State must establish a group of approved bodies to ensure appropriate coordination and cooperation between approved bodies.
2. Approved bodies must participate in the work of that group, directly or by means of designated representatives, or ensure that their representatives are informed of the work of the group.”.
Commencement Information
I18Sch. 1 para. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1