42.—(1) For the purposes of this Part, a notified body is a conformity assessment body—
[F1(a)which has been notified by the Secretary of State to the European Commission and other relevant states; and]
(b)in respect of which no objections[F2, other than an immaterial objection,] are raised by the European Commission or other [F3relevant states] —
(i)within two weeks of the date of notification, where the notification is accompanied by an accreditation certificate; or
(ii)within two months of the date of notification, where the notification is not accompanied by an accreditation certificate.
[F4(1A) In paragraph (1)(b), an “immaterial objection” is an objection on the grounds that—
(a)the conformity assessment body is established in the United Kingdom; or
(b)the accreditation certificate was issued by the United Kingdom Accreditation Service.]
(2) Paragraph (1) has effect subject to regulation 48 (Changes to notifications).
Textual Amendments
F1Reg. 42(1)(a) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 6(1)(a)
F2Words in reg. 42(1)(b) inserted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 6(1)(b)(i)