The Gas Appliances (Safety) Regulations 1992

EC type-examination

10.—(1) Where an application to a notified body for EC type-examination is made under these Regulations by the manufacturer or by his authorised representative established in the Community (“the applicant”), the application shall be in writing and shall include—

(a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address;

(b) a declaration that an application for EC type-examination in respect of the appliance or fitting has not been made to any other notified body; and

(c) the design documentation.

(2) The applicant shall supply to the notified body—

(a) an appliance or fitting which, so far as concerns its characteristics relevant to any type of risk relevant to the essential requirements, is representative of the production envisaged (the “type”); and

(b) such further appliances or fittings as the notified body may reasonably require for the purposes of this regulation,

and shall undertake to pay the appropriate fee to the notified body.

(3) On an application made to it under paragraph (1) above the notified body shall—

(a) examine the design documentation and check that the type has been manufactured in conformity with that documentation; and

(b) carry out, or have carried out, examinations and tests to check whether the type satisfies the essential requirements.

(4) Where the notified body, after carrying out its duties under paragraph (3) above, is satisfied that the type complies with the essential requirements which apply to it, the notified body shall, on payment of the appropriate fee, issue to the applicant an EC type-examination certificate in respect of that type.

(5) An EC type-examination certificate shall identify the type to which it relates and—

(a) shall state the conclusions of the EC type-examination carried out by the notified body;

(b) shall indicate any conditions to be satisfied for its continued validity;

(c) shall be accompanied by the data and descriptions necessary for identification of the approved appliance or fitting; and

(d) if relevant to its compliance with the essential requirements, shall be accompanied by a description of its functioning,

and there shall be annexed to the certificate all relevant drawings and diagrams.

(6) The notified body shall forthwith inform all other notified bodies of—

(a) each EC type-examination certificate issued by it; and

(b) particulars of additions and amendments relating to documents already issued,

and, on request made by it, shall send to any other notified body a copy of any EC type-examination certificate that it has issued and, if any other notified body satisfies the notified body that there is good reason why they should be made available to it, copies of the annexes to the certificate and reports on the examinations and tests which the notified body has carried out.

(7) Where—

(a) an EC type-examination certificate issued under this regulation is in force in respect of an approved type; and

(b) the manufacturer or his authorised representative established in the Community proposes to make modifications or additions to the approved type which affect its conformity with the essential requirements or with the prescribed conditions for use of the appliance,

the manufacturer or such representative (instead of making an application under paragraph (1) above) may make an application in writing to the notified body which issued the certificate for approval of modifications or additions to the approved type; and the foregoing provisions of this regulation shall have effect in relation to such an application as they have effect in relation to an application for an EC type-examination.