The Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995

Designation of bodies to exercise functions under the Regulations

9.—(1) On application made by the body, the Secretary of State may, for the purposes of Article 8 of the Directive, designate one or more bodies of persons (“approved bodies”) which appear to him to satisfy the criteria set out in Annex V of the Directive to carry out in respect of instruments all or any of the functions to be carried out by approved bodies—

(a) under regulations 11 and 14 relating to EC verification; and

(b) under regulations 13, 15 and 17 relating to quality systems and EC surveillance.

(2) Any such approval—

(a) may be given for an unlimited period, or for a specified period, or for specified purposes; and

(b) may be given subject to conditions (including conditions which are to apply upon or following withdrawal of the approval).

(3) The Secretary of State may withdraw an approval if—

(a) the body so requests; or

(b) the body ceases to satisfy the criteria specified in the said Annex V of the Directive; or

(c) the body ceases to comply with any such condition.

(4) The Secretary of State may vary or amend an approval if—

(a) the body so requests; or

(b) having regard to these Regulations and to the Directive, it appears to him necessary or expedient.

(5) The Secretary of State may from time to time carry out inspections of the functions of an approved body with a view to verifying that it complies with any conditions subject to which the approval is granted and with the provisions of these Regulations and the Directive but, unless it appears to him that there are circumstances which make it necessary or expedient to do so, he shall not carry out such an inspection within two years from the date of approval of the body or, if later, of his last inspection under this paragraph.

(6) In a case where the Secretary of State—

(a) refuses an application for designation under paragraph (1) above or imposes any condition more onerous than those proposed by the body;

(b) withdraws an approval under paragraph (3)(b) or (c) above; or

(c) varies or amends an approval pursuant to paragraph (4)(b) above;

he shall inform the body of the grounds for the decision.

(7) If for any reason an approved body ceases to be an approved body under this regulation, the Secretary of State may designate another approved body to take over its functions in respect of such cases as he may specify.

(8) All local weights and measures authorities are hereby designated to do all such things as may be required or permitted to be done under these Regulations by an authorised person.