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The Radio Equipment Regulations 2017
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- UK Statutory Instruments
- 2017 No. 1206
- PART 5
- Regulation 63
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Changes to legislation:
The Radio Equipment Regulations 2017, Section 63 is up to date with all changes known to be in force on or before 26 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 63:
- 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)(f) word inserted by S.I. 2024/1231 reg. 2(9)(a)(i)
- reg. 63(1)(f) words inserted by S.I. 2024/1231 reg. 2(9)(a)(ii)
- 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 formal non-complianceE+W+S
This section has no associated Explanatory Memorandum
63.—(1) Where an enforcing authority makes one of the following findings relating to radio equipment, it must require a relevant economic operator to put an end to the non-compliance within such reasonable period as the authority specifies—
(a)the [F1UK] marking—
(i)has not been affixed, or
(ii)has been affixed otherwise than in accordance with regulations 39 (prohibition on improper use of [F2UK] marking) and 44 ([F2UK] marking),
(b)where the conformity assessment procedure set out in Schedule 4 (full quality assurance) is applied, the identification number of the [F3approved] body—
(i)has not been affixed, or
(ii)has been affixed otherwise than in accordance with regulation 44 ([F4UK] marking),
(c)the F5... declaration of conformity—
(i)has not been drawn up, or
(ii)has been drawn up otherwise than in accordance with regulations 10 (F5... declaration of conformity and [F6UK] marking) and 42 (F5... declaration of conformity),
(d)the technical documentation is either not available or not complete,
(e)the following information that is required to be included is absent, false or incomplete—
(i)the information specified in regulation 12(1) or (2) (identification of the radio equipment and manufacturer), or
(ii)the information specified in regulation 23(1) (information identifying importer),
(f)the information specified in regulation 13(1), (2) or (3) (instructions and information to be included with the radio equipment) is absent,
(g)the requirements set out in regulation 38 (identification of economic operators) on the identification of economic operators have not been met.
(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance referred to in paragraph (1).
(3) Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcing authority must take appropriate measures to—
(a)restrict or prohibit corresponding radio equipment being made available on the market,
(b)ensure that the radio equipment is withdrawn, or
(c)ensure that the radio equipment is recalled.
(4) This regulation does not apply where radio equipment presents a risk.
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
F1Word in reg. 63(1)(a) 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. 42(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. 63(1)(a)(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. 42(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)
F3Word in reg. 63(1)(b) 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. 42(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. 63(1)(b)(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. 42(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)
F5Word in reg. 63(1)(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. 42(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)
F6Word in reg. 63(1)(c)(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. 42(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)
Enforcement action in respect of formal non-complianceN.I.
63.—(1) Where an enforcing authority makes one of the following findings relating to radio equipment, it must require a relevant economic operator to put an end to the non-compliance within such reasonable period as the authority specifies—
(a)the CE marking—
(i)has not been affixed, or
(ii)has been affixed otherwise than in accordance with regulations 39 (prohibition on improper use of CE marking) and 44 (CE marking),
[F7(aa)where a notified body established in the United Kingdom has been involved in a conformity assessment procedure pursuant to regulation 41—
(i)the UK(NI) indication has not been affixed; or
(ii)the UK(NI) indication has been affixed other than in accordance with regulation 44A;]
(b)where the conformity assessment procedure set out in Schedule 4 (full quality assurance) is applied, the identification number of the notified body—
(i)has not been affixed, or
(ii)has been affixed otherwise than in accordance with regulation 44 (CE marking),
(c)the EU declaration of conformity—
(i)has not been drawn up, or
(ii)has been drawn up otherwise than in accordance with regulations 10 (EU declaration of conformity and CE marking) and 42 (EU declaration of conformity),
(d)the technical documentation is either not available or not complete,
(e)the following information that is required to be included is absent, false or incomplete—
(i)the information specified in regulation 12(1) or (2) (identification of the radio equipment and manufacturer), or
(ii)the information specified in regulation 23(1) (information identifying importer),
(f)the information specified in regulation 13(1), (2) or (3) (instructions and information to be included with the radio equipment) is absent,
(g)the requirements set out in regulation 38 (identification of economic operators) on the identification of economic operators have not been met.
(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance referred to in paragraph (1).
(3) Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcing authority must take appropriate measures to—
(a)restrict or prohibit corresponding radio equipment being made available on the market,
(b)ensure that the radio equipment is withdrawn, or
(c)ensure that the radio equipment is recalled.
(4) This regulation does not apply where radio equipment presents a risk.
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
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