The Telecommunications Terminal Equipment Regulations 1992

PART V UNITED KINGDOM NOTIFIED BODIES

Appointment

50.—(1) Subject to regulation 51 below, the Secretary of State may appoint a body as a United Kingdom notified body in accordance with the following provisions of this regulation.

(2) An appointment under this regulation shall be in writing and shall, subject to paragraph (7) of this regulation and regulations 51(4) and 53(3) below, be subject to such conditions as the Secretary of State may impose for the time being, and such conditions may include conditions which are to apply on or following the termination or expiry of the appointment.

(3) Subject to regulation 51(2), an appointment under this regulation shall have effect in respect of such descriptions of applicable terminal equipment as the Secretary of State may for the time being authorise, and in these Regulations, “authorised” and cognate expressions shall be construed accordingly.

(4) An appointment under this regulation shall have effect in respect of such of the functions as are exercisable by a United Kingdom notified body pursuant to Part III or Part IV of these Regulations as the Secretary of State may for the time being authorise.

(5) In exercising the power conferred by paragraph (1) above, the Secretary of State may (in addition to the matters of which he is required to satisfy himself pursuant to regulation 51(2)) have regard to any matter appearing to him to be relevant, and, without prejudice to the generality of the foregoing, he may have regard to any standards relating to the accreditation of laboratories or certification bodies appearing to him to be appropriate.

(6) Subject to regulation 52, an appointment under this regulation may be for—

(a) the time being; or

(b) such period as may be specified in the appointment.

(7) Where the Commission informs the Secretary of State pursuant to Article 10.4 of the TTE Directive that, in the opinion of the Committee referred to in Article 13 thereof, changes are necessary in the conditions to which an appointment of a United Kingdom notified body is subject or in the authorised descriptions of applicable terminal equipment in respect of which the appointment has effect if that body is to retain its recognised status, the Secretary of State shall vary the conditions or authorised descriptions, as the case may require, to give effect to such changes.

(8) The Secretary of State shall from time to time publish lists of United Kingdom notified bodies indicating the descriptions of applicable terminal equipment in respect of which each body is authorised, and the functions which each body is entitled to exercise, for the time being; and such lists may include information concerning any condition to which the appointment of any body is for the time being subject.

Eligibility

51.—(1) Subject to paragraph (2) below, any person resident, incorporated, or carrying on an undertaking in the United Kingdom shall be eligible for appointment as a United Kingdom notified body.

(2) The criteria listed in Schedule 6 hereto (being the minimum criteria listed in Annex V to the TTE Directive to be taken into account by member States when designating notified bodies in accordance with article 10.1) (“the minimum criteria”) must be satisfied in relation to any person if that person is to be appointed or remain a United Kingdom notified body, and accordingly the Secretary of State shall not—

(a) make an appointment under regulation 50(1) above unless he is satisfied that the person concerned meets the minimum criteria; or

(b) authorise under regulation 50(3) the appointment to have effect in relation to any description of applicable terminal equipment unless he is satisfied that the body meets the minimum criteria in respect of that description of equipment.

(3) A person who complies with the assessment criteria fixed by a standard which is a relevant harmonized standard for the purposes of Article 10.1 of the TTE Directive shall be presumed to satisfy the minimum criteria.

(4) An appointment under regulation 50 may be subject to the condition that only a defined part of the undertaking of the appointed person may exercise the functions of a notified body, and where an appointment is, or is to be, subject to such a condition—

(a) a reference in these Regulations to a notified body shall be construed in relation to that person as a reference to the part of that person’s undertaking so defined; and

(b) the conditions of the appointment shall include provision for ensuring that the confidentiality of confidential information held by the part of the undertaking so defined in pursuance of its function as a United Kingdom notified body is protected from disclosure to other parts of the undertaking.

(5) Upon the expiry of an appointment under regulation 50, the United Kingdom notified body shall be eligible for re-appointment.

Termination of appointment and transfer of functions

52.—(1) The Secretary of State, by notice in writing (a “notice of termination”)—

(a) shall terminate the appointment of a United Kingdom notified body where—

(i) the body so requests; or

(ii) it appears to the Secretary of State that—

(aa) the body no longer satisfies the minimum criteria; or

(bb) it is necessary in the interests of manufacturers, suppliers or users of applicable terminal equipment, or of operators of public telecommunications networks, to terminate the body’s appointment; and

(b) may terminate such appointment if the body is in breach of a condition of appointment.

(2) Where the Secretary of State exercises the power conferred by paragraph (1) above—

(a) the notice of termination shall take effect on such date as shall be specified therein; and

(b) the Secretary of State shall inform the appropriate authorities of the member States and the Commission thereof.

(3) Where the Secretary of State—

(a) withdraws the authorisation of a United Kingdom notified body to exercise functions in relation to any description of apparatus pursuant to regulation 50(3); or

(b) terminates the appointment of such a body pursuant to paragraph (1) above,

he may give such directions (either to the body the subject of the withdrawal or termination, as the case may be, or to another authorised United Kingdom notified body) for the purposes of making such arrangements for the determination of outstanding applications as he considers appropriate.

(4) Without prejudice to the generality of the power conferred by paragraph (3) above, such directions may include the manner in which fees already received pursuant to regulation 53 below in respect of outstanding applications by the body the subject of the withdrawal or termination, as the case may be, are to be disposed of, having regard to the work already done on such applications by that body.

(5) The Secretary of State shall, where he takes an action referred to in paragraph (3)(a) or (b) in relation to a United Kingdom notified body, give such directions as he considers appropriate to provide for the exercise by another United Kingdom notified body or himself of any power conferred by a provision of Part III or IV of these Regulations exercisable by the first mentioned United Kingdom notified body, and where such directions have been given, a reference in those Parts to the United Kingdom notified body which issued any certificate or approval, or which carries out the product check or surveillance procedure, shall be construed as a reference to that other United Kingdom notified body or to the Secretary of State, as the case may require.

Power of United Kingdom notified body to charge fees

53.—(1) Subject to paragraphs (2) to (4) below, a United Kingdom notified body may charge applicants such fees in connection with, or incidental to, the exercise of any of its powers as the body may determine; and such fees may include an amount on account of profit which is reasonable in the circumstances having regard to—

(a) the character and extent of the work done or to be done by the body in the determination of such applications; and

(b) the commercial rate normally charged on account of profit for that work or similar work.

(2) The power in paragraph (1) above includes, except in relation to surveillance, power to require the payment of fees or a reasonable estimate thereof with the application.

(3) Without prejudice to the generality of regulation 50(2) above, the conditions to which an appointment under regulation 50(1) may be subject may include a requirement to publish from time to time the scale of fees which the United Kingdom notified body charges pursuant to this regulation, or such information about the basis of calculation thereof as may be specified in the condition.

(4) Where a United Kingdom notified body carries out product checks or surveillance, in a case where the fees remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, that body shall have power to suspend—

(a) in the case of the conformity to type product check procedure, the EC type-examination certificate or additional approval, as the case may require;

(b) in the case of the production quality assurance surveillance procedure, the EC type-examination certificate or additional approval, as the case may require, and the approval for the production quality assurance approved quality system; and

(c) in the case of the full quality assurance surveillance procedure, the approval for the full quality assurance approved quality system,

by 14 days notice in writing that, unless the fees are paid before the expiry of the notice, the certificate or approval, as the case may be, shall be suspended until payment of the fees has been received, and, where that body is not the notified body which issued the certificate or approval, it shall notify in writing the notified body which issued it of any suspension which takes effect.

Procedure where United Kingdom notified body is minded to make a decision unfavourable to the manufacturer

54.  Before making an unfavourable decision in respect of a manufacturer, that is to say—

(a) refusing to grant—

(i) an EC type-examination certificate pursuant to regulation 18 above; or

(ii) an additional approval pursuant to regulation 21 above;

(b) varying an EC type-examination certificate pursuant to regulation 22(b) above;

(c) withdrawing an EC type-examination certificate or additional approval pursuant to regulation 23 above;

(d) refusing to—

(i) approve a quality system pursuant to regulation 31 or 43 above; or

(ii) approve a quality system as modified pursuant to regulation 33 or 45 above; or

(e) withdrawing or modifying compulsorily a quality system pursuant to regulation 35 or 47 above,

the United Kingdom notified body shall give notice in writing to the applicant of the reasons why it proposes to make the unfavourable decision; and give the applicant the opportunity of making representations within 28 days as to why it should make a favourable decision, and consider any representations which are made by the applicant within that period.

Information to other notified bodies

55.  A United Kingdom notified body shall—

(a) communicate to the other notified bodies the relevant information concerning—

(i) EC type-examination certificates and additional approvals;

(ii) the quality systems approvals,

issued or withdrawn by it;

(b) provide to the other notified bodies on request copies of EC type-examination certificates and additional approvals issued by it, and keep the annexes thereto at the disposal of those bodies.

Administrative requirements

56.—(1) A United Kingdom notified body shall, when issuing—

(a) an EC type-examination certificate, where the manufacturer or his authorised representative has chosen the EC type-examination procedure; or

(b) a decision on full quality assurance, where the manufacturer has chosen the EC declaration of conformity procedure,

issue at the same time an administrative approval for the connection of the applicable terminal equipment concerned to the public telecommunications network.

(2) Where a United Kingdom notified body issues an EC type-examination certificate or an additional approval pursuant to regulation 19(1) or 21(1), as the case may be, it shall keep a copy of the list of the relevant parts of the technical documentation annexed to the said certificate or approval, as the case may be.

(3) In carrying out its functions under these Regulations, a United Kingdom notified body shall have regard to the result of any test or assessment carried out by a recognised test laboratory, whether at the request of that body or the manufacturer; provided that nothing in these Regulations shall authorise a United Kingdom notified body to rely on the opinion of a recognised test laboratory with regard to whether any applicable terminal equipment satisfies the essential requirements except in the case of a third country relevant body which has issued documentation which certifies that the equipment complies with all the essential requirements.