15.—(1) The Secretary of State, applying the criteria in Schedule 6 and such other criteria as he thinks fit, may from time to time appoint such persons as he thinks fit to be notified bodies.
(2) An appointment—
(a)may relate to such descriptions of apparatus as the Secretary of State may from time to time determine;
(b)may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
(c)shall, without prejudice to the generality of subparagraph (b) and subject to paragraph (4), require the appointed body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;
(d)shall be terminated upon 90 days' notice in writing given to the Secretary of State by the notified body; and
(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
(3) Subject to paragraph (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
(4) A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if—
(a)the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body; or
(b)the responsible person has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 16.
(5) If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may—
(a)give such directions (either to the body the subject of the termination or to another notified body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and
(b)without prejudice to the generality of the foregoing, authorise another notified body to take over its functions in respect of such cases as he may specify.
Commencement Information
I1Reg. 15 in force at 8.4.2000, see reg. 1(1)