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The Recreational Craft Regulations 2017
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- UK Statutory Instruments
- 2017 No. 737
- SCHEDULE 12
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Regulation 2(1)
SCHEDULE 12U.K.[F1Operational requirements of notified bodies] [F1Operational requirements of approved bodies]
This schedule has no associated Explanatory Memorandum
Textual Amendments
F1Sch. 12 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. 28 para. 53(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1. [F2Approved] bodies must carry out conformity assessments in accordance with the conformity assessment procedures provided for in regulations 42 (applicable conformity assessment procedures) to 52 (conformity assessments carried out under module C (conformity to type based on internal production control)).E+W+S
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
F2Word in Sch. 12 para. 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. 28 para. 53(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 12 para. 1 in force at 3.8.2017, see reg. 1
1. Notified bodies must carry out conformity assessments in accordance with the conformity assessment procedures provided for in regulations 42 (applicable conformity assessment procedures) to 52 (conformity assessments carried out under module C (conformity to type based on internal production control)).N.I.
Extent Information
E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I11Sch. 12 para. 1 in force at 3.8.2017, see reg. 1
2. Conformity assessments must be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators and private importers. Conformity assessment bodies must perform their activities taking due account of the size of an undertaking the sector in which it operates, its structure, the degree of complexity of the watercraft technology in question and the mass or serial nature of the production process.U.K.
Commencement Information
I2Sch. 12 para. 2 in force at 3.8.2017, see reg. 1
3. Conformity assessment bodies must respect the degree of rigour and level of protection required for the compliance of the watercraft with [F3these Regulations].E+W+S
Extent Information
E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F3Words in Sch. 12 para. 3 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. 28 para. 53(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I3Sch. 12 para. 3 in force at 3.8.2017, see reg. 1
3. Conformity assessment bodies must respect the degree of rigour and level of protection required for the compliance of the watercraft with the Directive.N.I.
Extent Information
E11This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I12Sch. 12 para. 3 in force at 3.8.2017, see reg. 1
4. Where [F4an approved] body finds that the requirements of regulation 6 (essential requirements) and Schedule 1 or the corresponding [F5designated] standards have not been met by the manufacturer or a private importer, that body must require that the manufacturer or private importer takes appropriate corrective measures and must not issue a conformity assessment certificate until the appropriate corrective measures have been taken.E+W+S
Extent Information
E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F4Words in Sch. 12 para. 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. 28 para. 53(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Sch. 12 para. 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. 28 para. 53(e) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I4Sch. 12 para. 4 in force at 3.8.2017, see reg. 1
4. Where a notified body finds that the requirements of regulation 6 (essential requirements) and Schedule 1 or the corresponding harmonised standards have not been met by the manufacturer or a private importer, that body must require that the manufacturer or private importer takes appropriate corrective measures and must not issue a conformity assessment certificate until the appropriate corrective measures have been taken.N.I.
Extent Information
E12This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I13Sch. 12 para. 4 in force at 3.8.2017, see reg. 1
5. Where, in the course of the monitoring of the conformity of the watercraft following the issue of a conformity assessment certificate, [F6an approved] body finds that a watercraft is no longer in compliance, it will require the manufacturer to take appropriate corrective measures and must suspend or withdraw the conformity assessment certificate if necessary.E+W+S
Extent Information
E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F6Words in Sch. 12 para. 5 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. 28 para. 53(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I5Sch. 12 para. 5 in force at 3.8.2017, see reg. 1
5. Where, in the course of the monitoring of the conformity of the watercraft following the issue of a conformity assessment certificate, a notified body finds that a watercraft is no longer in compliance, it will require the manufacturer to take appropriate corrective measures and must suspend or withdraw the conformity assessment certificate if necessary.N.I.
Extent Information
E13This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I14Sch. 12 para. 5 in force at 3.8.2017, see reg. 1
6. Where corrective measures are not taken or do not have the required corrective effect, the [F7approved] body must restrict, suspend or withdraw any conformity assessment certificates as appropriate.E+W+S
Extent Information
E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F7Word in Sch. 12 para. 6 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. 28 para. 53(f) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I6Sch. 12 para. 6 in force at 3.8.2017, see reg. 1
6. Where corrective measures are not taken or do not have the required corrective effect, the notified body must restrict, suspend or withdraw any conformity assessment certificates as appropriate.N.I.
Extent Information
E14This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I15Sch. 12 para. 6 in force at 3.8.2017, see reg. 1
7.—(1) [F8An approved] body must inform the Secretary of State in writing of—E+W+S
(a)any refusal, restriction, suspension or withdrawal of a conformity assessment certificate;
(b)any circumstances affecting the scope of and conditions for [F9approval]; and
(c)any request for information which [F10the approved] body has received from a market surveillance authority regarding conformity assessment activities.
(2) [F11An approved] body must, following a request from the Secretary of State, inform the Secretary of State in writing of any conformity assessment activities performed within the scope of its [F9approval] provided under regulation 56 and any other activity performed, including cross-border activities and subcontracting.
Extent Information
E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F8Words in Sch. 12 para. 7(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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in Sch. 12 para. 7 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. 28 para. 53(h)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Sch. 12 para. 7 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. 28 para. 53(h)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Sch. 12 para. 7(2) 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I7Sch. 12 para. 7 in force at 3.8.2017, see reg. 1
7.—(1) A notified body must inform the Secretary of State in writing of—N.I.
(a)any refusal, restriction, suspension or withdrawal of a conformity assessment certificate;
(b)any circumstances affecting the scope of and conditions for notification; and
(c)any request for information which the notified body has received from a market surveillance authority regarding conformity assessment activities.
(2) A notified body must, following a request from the Secretary of State, inform the Secretary of State in writing of any conformity assessment activities performed within the scope of its notification provided under regulation 56 and any other activity performed, including cross-border activities and subcontracting.
Extent Information
E15This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I16Sch. 12 para. 7 in force at 3.8.2017, see reg. 1
8. [F12An approved] body must make provision in its contracts with its clients enabling such clients to appeal against a decision—E+W+S
(a)to refuse to issue a certificate of conformity or grant approval; and
(b)to restrict, suspend or withdraw a certificate of conformity or approval.
Extent Information
E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F12Words in Sch. 12 para. 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I8Sch. 12 para. 8 in force at 3.8.2017, see reg. 1
8. A notified body must make provision in its contracts with its clients enabling such clients to appeal against a decision—N.I.
(a)to refuse to issue a certificate of conformity or grant approval; and
(b)to restrict, suspend or withdraw a certificate of conformity or approval.
Extent Information
E16This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I17Sch. 12 para. 8 in force at 3.8.2017, see reg. 1
9. [F13An approved] body must provide other bodies [F14approved] under these Regulations carrying on similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.
Extent Information
E8This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F13Words in Sch. 12 para. 9 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F14Word in Sch. 12 para. 9 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. 28 para. 53(f) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I9Sch. 12 para. 9 in force at 3.8.2017, see reg. 1
9. A notified body must provide other bodies notified under these Regulations carrying on similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.N.I.
Extent Information
E17This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I18Sch. 12 para. 9 in force at 3.8.2017, see reg. 1
10. [F15An approved] body must participate in the work of [F16any approved body coordination group established by the Secretary of State], directly or by means of its designated representatives.E+W+S
Extent Information
E9This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F15Words in Sch. 12 para. 10 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Sch. 12 para. 10 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. 28 para. 53(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I10Sch. 12 para. 10 in force at 3.8.2017, see reg. 1
10. A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.N.I.
Extent Information
E18This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Commencement Information
I19Sch. 12 para. 10 in force at 3.8.2017, see reg. 1
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