The Supply of Machinery (Safety) Regulations 2008

PART 5 E+W+S [F1 Notified bodies] [F1 Approved Bodies]

Textual Amendments

F1 Pt. 5 heading 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. 12 para. 14 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Designation and monitoring of UK notified bodies E+W+S

F2 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F2 Reg. 16 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 15 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Designation and monitoring of UK notified bodies N.I.

16.—(1) The Secretary of State may designate a person to carry out conformity assessment.

(2) Except as provided in paragraph (4), any such designation (a “notified body designation”) shall be made in accordance with paragraphs (5) to (9) of this regulation.

(3) A person in respect of whom—

(a) a notified body designation has been made under this regulation; and

(b) whose designation has been notified by the Secretary of State to the Commission and the other [F16 relevant] states under Article 14(1) of the Directive,

is a “UK notified body” to the extent that that designation remains in effect.

(4) If a person holds an appointment as a United Kingdom approved body under the 1992 Regulations which has been notified to the Commission and the other [F16 relevant] states under Article 9(1) of Directive 98/37/EC and has not been terminated—

(a) the appointment—

(i) is a “notified body designation” for the purposes of these Regulations; and

(ii) shall be varied in accordance with regulation 17 to the extent that it is necessary or expedient to vary it to take account of the repeal of Directive 98/37/EC and the revocation of the 1992 Regulations and their replacement by the Directive and these Regulations; and

(b) that person is a “UK notified body” to the extent that the appointment remains in effect.

(5) Except where paragraph (4) applies, any person wishing to be a UK notified body must apply to the Secretary of State for designation under this regulation.

(6) A notified body designation shall not be made unless the Secretary of State is satisfied that the person in respect of whom it is to be made meets the criteria specified in Annex XI (Part 11 of Schedule 2) (the “notified body criteria”).

(7) A person who meets the assessment criteria laid down in a published harmonised standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in that standard.

(8) A notified body designation—

(a) shall be in writing;

(b) shall specify the conformity assessment procedures that the person designated may carry out;

(c) may relate to all the categories of machinery listed in Annex IV (Part 4 of Schedule 2) or to such of those categories as are specified in the designation;

(d) may designate a person for a specified period; and

(e) may be made subject to such other conditions as are specified in the designation, including conditions which are to apply upon or following termination of the designation.

(9) In making a notified body designation the Secretary of State may have regard (in addition to the notified body criteria) to any other matter which appears to the Secretary of State to be relevant.

F17 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The Secretary of State shall, from time to time, carry out an inspection of each UK notified body with a view to verifying that it—

(a) meets the notified body criteria;

(b) complies with any condition to which its designation is subject; and

(c) complies with these Regulations.

(12) A UK notified body shall comply with any request of the Secretary of State to provide information relevant to determining its compliance with the notified body criteria, these Regulations, or any condition to which its designation is subject.

Extent Information

E6 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F16 Word in reg. 16 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 4 para. 5

F17 Reg. 16(10) revoked (15.12.2011) by The Supply of Machinery (Safety) (Amendment) Regulations 2011 (S.I. 2011/2157), regs. 1, 5

[F3 Approved bodies E+W+S

16A.— (1) An approved body is a person who—

(a) on or after IP completion day has been designated to carry out conformity assessment in accordance with regulation 16B, to the extent that the designation remains in effect; or

(b) immediately before IP completion day was a UK notified body.

(2) Paragraph (1) is subject to regulation 17.

(3) In this Part a “UK notified body” means a person who immediately before IP completion day was a UK notified body as defined in regulation 16(3) of these Regulations as they had effect immediately before IP completion day.

Textual Amendments

F3 Regs. 16A-16C inserted (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. 12 para. 16 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(d)); 2020 c. 1, Sch. 5 para. 1(1)

Approved body designation E+W+S

16B.— (1) The Secretary of State may only designate a person to carry out conformity assessment if that person qualifies for approval.

(2) A person qualifies for approval if the Secretary of State—

(a) is satisfied that the person meets the criteria specified in Annex XI (Part 11 of Schedule 2) (“approved body criteria”); and

(b) makes a designation in respect of that person (an “approved body designation”).

(3) Where a person meets the assessment criteria laid down in a designated standard (or part of such a standard) the Secretary of State is to presume that the person meets the approved body criteria covered by that standard (or that part of that standard).

(4) Where the Secretary of States makes an approved body designation, that designation—

(a) must be in writing;

(b) must specify the conformity assessment procedures that the person designated may carry out;

(c) may relate to all the categories of machinery listed in Annex IV (Part 4 of Schedule 2) or to such of those categories as are specified in the designation;

(d) may designate a person for a specified period; and

(e) may be made subject to such other conditions as are specified in the designation, including conditions which are to apply upon or following termination of the designation.

(5) In making an approved body designation the Secretary of State may have regard (in addition to the approved body criteria) to any other matter which appears to the Secretary of State to be relevant.

(6) Where an approved body was a UK notified body immediately before IP completion, an “approved body designation” means a notified body designation within the meaning of regulation 16(2) and (4) of these Regulations, as they had effect immediately before IP completion.

Textual Amendments

F3 Regs. 16A-16C inserted (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. 12 para. 16 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(d)); 2020 c. 1, Sch. 5 para. 1(1)

Monitoring E+W+S

16C.— (1) The Secretary of State must, from time to time, carry out an inspection of each approved body with a view to verifying that it—

(a) meets the approved body criteria;

(b) complies with any condition to which its designation is subject—

(i) in accordance with regulation 16B(4)(e);

(ii) in the case of an approved body which was a UK notified body immediately before IP completion, in accordance with regulation 16(8)(e) as it applied before IP completion; and

(c) complies with these Regulations.

(2) An approved body must comply with any request of the Secretary of State to provide information relevant to determining its compliance with the approved body criteria, these Regulations, or any condition to which its designation is subject.]

Textual Amendments

F3 Regs. 16A-16C inserted (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. 12 para. 16 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(d)); 2020 c. 1, Sch. 5 para. 1(1)

Duration, variation and termination of designations E+W+S

17.—(1)  [F4 An approved] body designation which does not designate a person as [F5 an approved] body for a specified period shall have effect until such time as it is terminated under paragraph (4).

(2) [F4 An approved] body designation which designates a person as [F5 an approved] body for a specified period shall expire in accordance with its terms unless the period so specified is extended or shortened under paragraph (3) before the date on which it had been due to expire.

(3) The Secretary of State may vary any aspect of [F4 an approved] body designation if—

(a) [F6 the approved] body so requests; or

(b) it appears to the Secretary of State necessary or expedient to do so.

(4) The Secretary of State may terminate [F4 an approved] body designation—

(a) on the expiry of 90 days' notice in writing at the request of [F6 the approved] body;

(b) if it appears to the Secretary of State that any condition of the designation is not complied with; or

(c) if the Secretary of State considers that [F6 the approved] body no longer satisfies the notified body criteria.

(5) Where the Secretary of State is minded to vary [F4 an approved] body designation in accordance with paragraph (3)(b), or to terminate [F4 an approved] body designation under paragraph (4)(b) or (c), the Secretary of State shall—

(a) give notice in writing to [F6 the approved] body of the proposed variation or termination and the reasons for it, stating that [F6 the approved] body has 21 days from the date of the notice in which to make representations to the Secretary of State in respect of the proposed variation or termination; and

(b) consider any representations received from [F6 the approved] body in accordance with the notice.

(6) If [F4 an approved] body designation is terminated under paragraph (4), the Secretary of State may, by notice in writing—

(a) authorise [F7 another approved] body to take over the functions of [F6 the approved] body whose designation has been terminated in respect of such cases as are specified in the notice; and

(b) give such directions as the Secretary of State considers appropriate (either to [F6 the approved] body whose designation has been terminated or to [F7 another approved] body) in respect of [F5 an approved] body's files or any other matter which the Secretary of State considers expedient for the purposes of ensuring that [F8 another approved] body carries out the functions of [F4 an approved] body for the existing customers of the notified body whose designation has been terminated.

[F9 (7) The activities undertaken as an approved body referred to in paragraph (6) include any activities that the body has undertaken as a UK notified body.]

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F4 Words in reg. 17 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. 12 para. 17(a)(i) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 17 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. 12 para. 17(a)(ii) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 17 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. 12 para. 17(a)(iii) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 17 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. 12 para. 17(a)(v) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 17 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. 12 para. 17(a)(iv) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 17(7) inserted (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. 12 para. 17(b) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Duration, variation and termination of designations N.I.

17.—(1)  A notified body designation which does not designate a person as a UK notified body for a specified period shall have effect until such time as it is terminated under paragraph (4).

(2) A notified body designation which designates a person as a UK notified body for a specified period shall expire in accordance with its terms unless the period so specified is extended or shortened under paragraph (3) before the date on which it had been due to expire.

(3) The Secretary of State may vary any aspect of a notified body designation if—

(a) the UK notified body so requests; or

(b) it appears to the Secretary of State necessary or expedient to do so.

(4) The Secretary of State may terminate a notified body designation—

(a) on the expiry of 90 days' notice in writing at the request of the UK notified body;

(b) if it appears to the Secretary of State that any condition of the designation is not complied with; or

(c) if the Secretary of State considers that the UK notified body no longer satisfies the notified body criteria.

(5) Where the Secretary of State is minded to vary a notified body designation in accordance with paragraph (3)(b), or to terminate a notified body designation under paragraph (4)(b) or (c), the Secretary of State shall—

(a) give notice in writing to the UK notified body of the proposed variation or termination and the reasons for it, stating that the UK notified body has 21 days from the date of the notice in which to make representations to the Secretary of State in respect of the proposed variation or termination; and

(b) consider any representations received from the UK notified body in accordance with the notice.

(6) If a notified body designation is terminated under paragraph (4), the Secretary of State may, by notice in writing—

(a) authorise another UK notified body to take over the functions of the UK notified body whose designation has been terminated in respect of such cases as are specified in the notice; and

(b) give such directions as the Secretary of State considers appropriate (either to the UK notified body whose designation has been terminated or to another UK notified body) in respect of a UK notified body's files or any other matter which the Secretary of State considers expedient for the purposes of ensuring that another notified body carries out the functions of a notified body for the existing customers of the notified body whose designation has been terminated.

Extent Information

E7 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Functions of [F10 approved] bodies E+W+S

18.—(1) Subject to the terms of their [F11 approved] body designations and paragraph (2), [F10 approved] bodies shall carry out the functions of [F11 approved] bodies specified in Annexes IX and X (Parts 9 and 10 of Schedule 2).

(2) [F12 An approved] body shall not be obliged to carry out these functions where—

(a) the documents submitted to it in relation to the carrying out of any such function (other than the instructions for the machinery) are not in English or another language acceptable to the body;

(b) the responsible person has not submitted with its application the amount of the fee which the body requires to be submitted with the application; or

(c) the body reasonably believes that, having regard to the number of outstanding applications made to it in relation to its appointment under these Regulations, it will be unable to carry out the required work within 3 months of receiving the application.

(3) If, having issued a certificate to a responsible person under Annex IX or an approval to a manufacturer under Annex X, [F12 an approved] body finds—

(a) that the manufacturer has, after the issue of that certificate or approval, failed to satisfy applicable requirements of these Regulations in respect of the machinery to which the certificate or approval relates (whether or not such failure is continuing); or

(b) that the certificate or approval should not have been issued,

it shall proceed in accordance with paragraph (4).

(4) Where paragraph (3) applies, [F13 the approved] body concerned shall—

(a) consider—

(i) what corrective action, if any, the manufacturer should take in the light of its findings; and

(ii) whether, and, if so, on what terms, the certificate or approval should be suspended, withdrawn, or made subject to restrictions;

(b) send to the manufacturer a notice in writing, setting out the conclusions it has provisionally reached under paragraph (a), and the reasons for those conclusions, and invite the manufacturer to respond to them within such reasonable period of time as is specified in the notice;

(c) make a decision on the matters specified in paragraph (a), including provision for the suspension or withdrawal of a certificate or approval, or making it subject to restrictions, if it considers the taking of any such action appropriate, having regard to—

(i) the manufacturer's response;

(ii) the principle of proportionality; and

(iii) paragraph (6); and

(d) communicate the decision, with a detailed statement of the reasons for it, to the manufacturer.

(5) Where [F12 an approved] body, acting under paragraph (4)—

(a) suspends or withdraws a certificate, or makes it subject to restrictions; or

(b) considers that action by an enforcement authority may prove necessary in connection with the machinery which is the subject of its decision,

it shall communicate its decision under that paragraph to the enforcement authorities and the Secretary of State (if the Secretary of State is not an enforcement authority in relation to the machinery concerned).

(6) In making a decision under paragraph (4), [F12 an approved] body shall not suspend or withdraw a certificate or approval, or make it subject to restrictions, if the manufacturer has ensured compliance with the applicable requirements of these Regulations by means of appropriate corrective measures.

(7) An appeal may be made in accordance with the provisions of Schedule 4—

(a) by a manufacturer who is aggrieved by a decision which [F12 an approved] body has made under paragraph (4); or

(b) by a responsible person who is aggrieved by a decision of [F12 an approved] body—

(i) not to issue a type-examination certification pursuant to Annex IX (Part 9 of Schedule 2), point 5; or

(ii) in relation to a quality system which is [F11 approved] to a responsible person pursuant to Annex X (Part 10 of Schedule 2), point 2.3.

Extent Information

E3 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F10 Word in reg. 18 heading 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. 12 para. 18(b) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in reg. 18 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. 12 para. 18(a) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 18 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. 12 para. 18(c) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in reg. 18 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. 12 para. 18(d) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Functions of UK notified bodies N.I.

18.—(1) Subject to the terms of their notified body designations and paragraph (2), UK notified bodies shall carry out the functions of notified bodies specified in Annexes IX and X (Parts 9 and 10 of Schedule 2).

(2) A UK notified body shall not be obliged to carry out these functions where—

(a) the documents submitted to it in relation to the carrying out of any such function (other than the instructions for the machinery) are not in English or another language acceptable to the body;

(b) the responsible person has not submitted with its application the amount of the fee which the body requires to be submitted with the application; or

(c) the body reasonably believes that, having regard to the number of outstanding applications made to it in relation to its appointment under these Regulations, it will be unable to carry out the required work within 3 months of receiving the application.

(3) If, having issued a certificate to a responsible person under Annex IX or an approval to a manufacturer under Annex X, a UK notified body finds—

(a) that the manufacturer has, after the issue of that certificate or approval, failed to satisfy applicable requirements of these Regulations in respect of the machinery to which the certificate or approval relates (whether or not such failure is continuing); or

(b) that the certificate or approval should not have been issued,

it shall proceed in accordance with paragraph (4).

(4) Where paragraph (3) applies, the UK notified body concerned shall—

(a) consider—

(i) what corrective action, if any, the manufacturer should take in the light of its findings; and

(ii) whether, and, if so, on what terms, the certificate or approval should be suspended, withdrawn, or made subject to restrictions;

(b) send to the manufacturer a notice in writing, setting out the conclusions it has provisionally reached under paragraph (a), and the reasons for those conclusions, and invite the manufacturer to respond to them within such reasonable period of time as is specified in the notice;

(c) make a decision on the matters specified in paragraph (a), including provision for the suspension or withdrawal of a certificate or approval, or making it subject to restrictions, if it considers the taking of any such action appropriate, having regard to—

(i) the manufacturer's response;

(ii) the principle of proportionality; and

(iii) paragraph (6); and

(d) communicate the decision, with a detailed statement of the reasons for it, to the manufacturer.

(5) Where a UK notified body, acting under paragraph (4)—

(a) suspends or withdraws a certificate, or makes it subject to restrictions; or

(b) considers that action by an enforcement authority may prove necessary in connection with the machinery which is the subject of its decision,

it shall communicate its decision under that paragraph to the enforcement authorities and the Secretary of State (if the Secretary of State is not an enforcement authority in relation to the machinery concerned).

(6) In making a decision under paragraph (4), a UK notified body shall not suspend or withdraw a certificate or approval, or make it subject to restrictions, if the manufacturer has ensured compliance with the applicable requirements of these Regulations by means of appropriate corrective measures.

(7) An appeal may be made in accordance with the provisions of Schedule 4—

(a) by a manufacturer who is aggrieved by a decision which a UK notified body has made under paragraph (4); or

(b) by a responsible person who is aggrieved by a decision of a UK notified body—

(i) not to issue a type-examination certification pursuant to Annex IX (Part 9 of Schedule 2), point 5; or

(ii) in relation to a quality system which is notified to a responsible person pursuant to Annex X (Part 10 of Schedule 2), point 2.3.

Extent Information

E8 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Fees E+W+S

19.—(1)  [F14 An approved] body may charge such fees in connection with, or incidental to, carrying out its functions under regulation 18 as it may determine; provided that such fees shall not exceed the sum of—

(a) the costs incurred or to be incurred by the body in performing the relevant functions; plus

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by the body on behalf of the responsible person; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

(2) [F14 An approved] body may require the payment of fees or a reasonable estimate of fees in advance of carrying out the work required by the responsible person.

Extent Information

E4 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F14 Words in reg. 19 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. 12 para. 19 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Fees N.I.

19.—(1) A UK notified body may charge such fees in connection with, or incidental to, carrying out its functions under regulation 18 as it may determine; provided that such fees shall not exceed the sum of—

(a) the costs incurred or to be incurred by the body in performing the relevant functions; plus

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by the body on behalf of the responsible person; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

(2) A UK notified body may require the payment of fees or a reasonable estimate of fees in advance of carrying out the work required by the responsible person.

Extent Information

E9 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F15 Register of approved bodies E+W+S

19A.— (1) The Secretary of State must—

(a) assign an approved body identification number to each approved body; and

(b) compile and maintain a register of—

(i) approved bodies;

(ii) their approved body identification numbers;

(iii) the activities for which they have been approved: and

(iv) any restriction on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.]

Extent Information

E5 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F15 Reg. 19A inserted (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. 12 para. 20 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[F18 Register of UK notified bodies N.I.

19A.— (1) The Secretary of State must ensure that—

(a) each UK notified body is assigned an identification number; and

(b) there is a register of—

(i) UK notified bodies;

(ii) their notified body identification number;

(iii) the activities for which they have been notified;

(iv) any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).]

Extent Information

E10 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F18 Reg. 19A inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 3(4)