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There are currently no known outstanding effects for the The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017, Section 44.
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44.—(1) The [F1Secretary of State] may notify to the European Commission [F2and other relevant states] only those conformity assessment bodies F3... that qualify for notification.
(2) A conformity assessment body qualifies for notification if the first and second conditions below are met.
(3) The first condition is that the conformity assessment body makes an application to the [F1Secretary of State] for notification and that application is accompanied by—
(a)a description of—
(i)the conformity assessment activities that the conformity assessment body intends to carry out;
(ii)the conformity assessment module for which the conformity assessment body claims to be competent; and
(iii)the product for which the conformity assessment body claims to be competent; and either
(b)an accreditation certificate; or
(c)the documentary evidence necessary for the [F1Secretary of State] to verify, recognise and regularly monitor the conformity assessment body's compliance with the notified body requirements.
(4) The second condition is that the [F1Secretary of State] is satisfied that the conformity assessment body meets the notified body requirements.
(5) For the purposes of paragraph (4), the [F1Secretary of State] may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body fulfils the notified body requirements.
(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission [F2and other relevant states], the [F1Secretary of State] may—
(a)have regard to any other matter which appears to the [F1Secretary of State] to be relevant; and
(b)set conditions that the conformity assessment body shall meet.
(7) The [F1Secretary of State] shall inform the European Commission of [F4the United Kingdom’s] procedures for the assessment and notification of conformity assessment bodies and of any changes to those procedures.
Textual Amendments
F1Words in reg. 44 substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 6(3)
F2Words in reg. 44 substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 6(4)
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