- Latest available (Revised)
- Original (As made)
The Radio Equipment Regulations 2017
You are here:
- UK Statutory Instruments
- 2017 No. 1206
- PART 5
- Regulation 60
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
There are multiple versions of this provision on screen. These apply to different geographical extents.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Changes to legislation:
The Radio Equipment Regulations 2017, Section 60 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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 60:
- 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)
Enforcement action in respect of radio equipment which is not in conformity and which presents a riskE+W+S
This section has no associated Explanatory Memorandum
60.—(1) Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—
(a)take appropriate corrective actions to bring the radio equipment into conformity with those requirements,
(b)withdraw the radio equipment, or
(c)recall the radio equipment,
within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment.
(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of—
(a)the respect in which the radio equipment is not in conformity with Part 2, and
(b)the actions which the enforcing authority has required the economic operator to take.
F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—
(a)prohibit or restrict the radio equipment being made available on the market in the United Kingdom,
(b)withdraw the radio equipment from the United Kingdom market, or
(c)recall the radio equipment.
(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.
F2(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The [F3notification under paragraph (6)] must include details about the radio equipment and, in particular—
(a)the data necessary for the identification of the radio equipment which is not in conformity with Part 2,
(b)the origin of the radio equipment,
(c)the nature of the lack of conformity alleged and the risk involved,
(d)the nature and duration of the measures taken,
(e)the arguments put forward by the relevant economic operator, and
(f)whether the lack of conformity is due to either of the following—
(i)failure of the radio equipment to meet the essential requirements, or
(ii)shortcomings in the [F4designated] standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.
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. 60(3)(4) 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. 39(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)
F2Reg. 60(7) 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. 39(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)
F3Words in reg. 60(8) 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. 39(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. 60(8)(f)(ii) 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. 39(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)
Enforcement action in respect of radio equipment which is not in conformity and which presents a riskN.I.
60.—(1) Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—
(a)take appropriate corrective actions to bring the radio equipment into conformity with those requirements,
(b)withdraw the radio equipment [F5from Northern Ireland], or
(c)recall the radio equipment [F6from Northern Ireland],
within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment.
(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of—
(a)the respect in which the radio equipment is not in conformity with Part 2, and
(b)the actions which the enforcing authority has required the economic operator to take.
(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to [F7Northern Ireland], it must notify the Secretary of State of—
(a)the results of the evaluation, and
(b)the actions which it has required the economic operator to take.
(4) [F8Subject to paragraph (4A),] where the Secretary of State receives notification under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F9Northern Ireland], the Secretary of State must inform the European Commission and the other [F10relevant states] of—
(a)the results of the evaluation, and
(b)any actions which the enforcing authority has required the economic operator to take.
[F11(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]
(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—
(a)prohibit or restrict the radio equipment being made available on the market in [F12Northern Ireland],
(b)withdraw the radio equipment from the [F13market in Northern Ireland], or
(c)recall the radio equipment.
(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.
(7) Where the Secretary of State receives notification under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F14relevant states] of those measures without delay.
(8) The notifications under paragraphs (6) and (7) must include details about the radio equipment and, in particular—
(a)the data necessary for the identification of the radio equipment which is not in conformity with Part 2,
(b)the origin of the radio equipment,
(c)the nature of the lack of conformity alleged and the risk involved,
(d)the nature and duration of the measures taken,
(e)the arguments put forward by the relevant economic operator, and
(f)whether the lack of conformity is due to either of the following—
(i)failure of the radio equipment to meet the essential requirements, or
(ii)shortcomings in the harmonised standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.
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. 60(1)(b) inserted (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. 6(1)(a)(i)
F6Words in reg. 60(1)(c) inserted (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. 6(1)(a)(ii)
F7Words in reg. 60(3) 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. 6(1)(b)
F8Words in reg. 60(4) inserted (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. 6(1)(c)(i)
F9Words in reg. 60(4) 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. 6(1)(c)(ii)
F10Words in reg. 60(4) 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. 6(1)(c)(iii)
F11Reg. 60(4A) inserted (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. 6(1)(d)
F12Words in reg. 60(5)(a) 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. 6(1)(e)(i)
F13Words in reg. 60(5)(b) 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. 6(1)(e)(ii)
F14Words in reg. 60(7) 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. 6(1)(f)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
You have chosen to open The Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Instrument as a PDF
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.