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The Radio Equipment Regulations 2017
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- UK Statutory Instruments
- 2017 No. 1206
- PART 3
- Regulation 45
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Changes to legislation:
The Radio Equipment Regulations 2017, Section 45 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Regulation 45:
- Sch. 1A-1C inserted by S.I. 2024/1231 reg. 2(12)
- reg. 6(5) inserted by S.I. 2024/1231 reg. 2(3)
- reg. 13(2A)-(2C) inserted by S.I. 2024/1231 reg. 2(4)
- reg. 24(3) inserted by S.I. 2024/1231 reg. 2(5)
- reg. 31(1A) inserted by S.I. 2024/1231 reg. 2(6)
- reg. 39A inserted by S.I. 2024/1231 reg. 2(7)
- reg. 63(1)(h)(i) inserted by S.I. 2024/1231 reg. 2(9)(c)
- reg. 63(1)(fa) inserted by S.I. 2024/1231 reg. 2(9)(b)
- reg. 77A inserted by S.I. 2024/1231 reg. 2(11)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1A-1C inserted by S.I. 2024/1231 reg. 2(12)
- reg. 6(5) inserted by S.I. 2024/1231 reg. 2(3)
- reg. 13(2A)-(2C) inserted by S.I. 2024/1231 reg. 2(4)
- reg. 24(3) inserted by S.I. 2024/1231 reg. 2(5)
- reg. 31(1A) inserted by S.I. 2024/1231 reg. 2(6)
- reg. 39A inserted by S.I. 2024/1231 reg. 2(7)
- reg. 63(1)(h)(i) inserted by S.I. 2024/1231 reg. 2(9)(c)
- reg. 63(1)(fa) inserted by S.I. 2024/1231 reg. 2(9)(b)
- reg. 77A inserted by S.I. 2024/1231 reg. 2(11)
Technical documentationE+W+S
This section has no associated Explanatory Memorandum
45.—(1) The technical documentation produced by the manufacturer for the radio equipment must contain all the relevant data or details of the means used by the manufacturer to ensure that the radio equipment complies with the essential requirements.
(2) The technical documentation in paragraph (1) must—
(a)contain, at least, the elements set out in Schedule 5 (contents of technical documentation),
(b)be drawn up before the radio equipment is placed on the market, and
(c)be continuously updated.
F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where the technical documentation does not comply with the requirements in [F2paragraphs (1) and (2)] and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements.
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
F1Reg. 45(3) 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. 35(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)
F2Words in reg. 45(4) 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. 35(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)
Technical documentationN.I.
45.—(1) The technical documentation produced by the manufacturer for the radio equipment must contain all the relevant data or details of the means used by the manufacturer to ensure that the radio equipment complies with the essential requirements.
(2) The technical documentation in paragraph (1) must—
(a)contain, at least, the elements set out in Schedule 5 (contents of technical documentation),
(b)be drawn up before the radio equipment is placed on the market, and
(c)be continuously updated.
(3) The technical documentation in paragraph (1) and correspondence relating to any EU-type examination procedure must be drawn up in an official language of the [F3relevant state] in which the notified body is established or in a language acceptable to that body.
(4) Where the technical documentation does not comply with the requirements in paragraphs (1), (2) or (3) and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements.
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
F3Words in reg. 45 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. 4
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