The Merchant Shipping (Marine Equipment) Regulations 1999

Designation of notified bodies

5.—(1) If it appears to the Secretary of State that–

(a) the Maritime and Coastguard Agency, or

(b) any other body,

satisfies the minimum criteria specified in Annex C of the Directive, he may designate that Agency or other body to carry out the procedures specified in Article 10 of the Directive.

(2) Any such designation may be made–

(a) for the purposes of all or any of the functions to be performed by notified bodies under these Regulations;

(b) in relation to all equipment to which these Regulations apply or only such equipment as may be specified;

(c) for an unlimited period, or for a specified period, or for specified purposes; and

(d) subject to conditions (including conditions which are to apply upon or following withdrawal of the designation).

(3) The Secretary of State may withdraw a designation if–

(a) the designated body so requests;

(b) the body ceases to comply with the minimum criteria specified in Annex C of the Directive; or

(c) the body fails to comply with any condition imposed under paragraph (2) above.

(4) The Secretary of State may vary or amend a designation if–

(a) the designated body so requests; or

(b) having regard to these Regulations or the Directive, it appears to him necessary or expedient to do so.

(5) The Secretary of State may from time to time carry out inspections of the functions performed by a designated body under these Regulations with a view to verifying whether the body complies with the provisions of its designation and the provisions of these Regulations and the Directive; in particular the inspection shall verify that the body still complies with the minimum criteria specified in Annex C of the Directive.

(6) Where the Secretary of State–

(a) refuses an application for designation under paragraph (1) above or imposes any condition more onerous than those proposed by the body;

(b) withdraws a designation under paragraph (3)(b) or (c) above; or

(c) varies or amends a designation under paragraph (4)(b) above,

he shall inform the body in writing of the grounds for his decision.

(7) If for any reason a designated body ceases to be a designated body under this regulation, the Secretary of State may designate another designated body to take over its functions in respect of such cases as he may specify.