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The Radio Equipment Regulations 2017
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- UK Statutory Instruments
- 2017 No. 1206
- PART 2
- CHAPTER 2
- Regulation 19
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Authorised representativesE+W+S
This section has no associated Explanatory Memorandum
19.—(1) A manufacturer may, by written mandate, appoint a person established [F1in the United Kingdom] as their authorised representative to perform specified tasks on that manufacturer's behalf.
(2) The authorised representative must perform the tasks specified in the mandate.
(3) The mandate must allow the authorised representative to do at least the following—
(a)perform the manufacturer's obligations under regulation 11 (retention of technical documentation and F2... declaration of conformity),
(b)perform the manufacturer's obligations under regulation 16 (provision of information and cooperation).
(4) The mandate must not include the obligations contained in—
(a)regulation 7 (design and manufacture in accordance with essential requirements),
(b)regulation 9 (technical documentation and conformity assessment), or
(c)regulation 10 (F3... declaration of conformity and [F4UK] marking).
(5) An authorised representative must comply with all the obligations imposed on the manufacturer by these Regulations which relate to the tasks that the authorised representative is appointed by the manufacturer to perform and, accordingly—
(a)as far as those obligations are concerned, references in these Regulations to the manufacturer are to be taken as including a reference to the authorised representative, and
(b)if the authorised representative contravenes or fails to comply with any of those obligations, the authorised representative may be proceeded against as though the authorised representative was the manufacturer.
(6) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, an obligation under these Regulations remains responsible for the proper performance of that obligation.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 19(1) 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. 29 para. 17(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 19(3)(a) 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. 29 para. 17(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in reg. 19(4)(c) 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. 29 para. 17(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in reg. 19(4)(c) 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. 29 para. 17(c) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Authorised representativesN.I.
19.—(1) A manufacturer may, by written mandate, appoint a person established within the [F5relevant market] as their authorised representative to perform specified tasks on that manufacturer's behalf.
(2) The authorised representative must perform the tasks specified in the mandate.
(3) The mandate must allow the authorised representative to do at least the following—
(a)perform the manufacturer's obligations under regulation 11 (retention of technical documentation and EU declaration of conformity),
(b)perform the manufacturer's obligations under regulation 16 (provision of information and cooperation).
(4) The mandate must not include the obligations contained in—
(a)regulation 7 (design and manufacture in accordance with essential requirements),
(b)regulation 9 (technical documentation and conformity assessment), or
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) An authorised representative must comply with all the obligations imposed on the manufacturer by these Regulations which relate to the tasks that the authorised representative is appointed by the manufacturer to perform and, accordingly—
(a)as far as those obligations are concerned, references in these Regulations to the manufacturer are to be taken as including a reference to the authorised representative, and
(b)if the authorised representative contravenes or fails to comply with any of those obligations, the authorised representative may be proceeded against as though the authorised representative was the manufacturer.
(6) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, an obligation under these Regulations remains responsible for the proper performance of that obligation.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F5Words in reg. 19(1) 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. 16 para. 3(8)
F6Reg. 19(4)(c) omitted (N.I.) (9.12.2021) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 16
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