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The Radio Equipment Regulations 2017
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- UK Statutory Instruments
- 2017 No. 1206
- PART 4
- Regulation 52
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52.—(1) The Secretary of State must restrict, suspend or withdraw a notified body’s status as a notified body under regulation 46 where the Secretary of State determines that the body—
(a)no longer meets a notified body requirement, or
(b)is failing to fulfil its obligations under these Regulations, other than a condition set in accordance with regulation 47(6)(b).
(2) The Secretary of State may restrict, suspend or withdraw the notified body’s status as a notified body under regulation 46—
(a)with the consent of a notified body, or
(b)where the Secretary of State determines that a notified body no longer meets a condition set in accordance with regulation 47(6)(b).
(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 notified body that the Secretary of State intends to take such action and the reasons for taking such action, and
(b)give the notified body an opportunity to make representations within a reasonable period from the date of that notice and consider any such representations.
(5) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other Member States.
(6) Where the Secretary of State has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the body must—
(a)as directed by the Secretary of State, transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Secretary of State, or
(b)keep the documents relating to the activities it has undertaken as a notified body available for the Secretary of State and the enforcing authority for a period of 10 years from the date on which the product to which the document relates was placed on the market.
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