PART VF23Notified BodiesF23Approved Bodies, Conformity Assessment Bodies and Marking of Products

Annotations:
Amendments (Textual)

Designation etc. of F18... conformity assessment bodiesE248

1

The Secretary of State may designate for the purposes of F12a mutual recognition agreement any corporate or other body as a body which is to carry out any of the tasks of a F6... conformity assessment body, and, if he so designates a body (referred to in these Regulations as F22a “CAB”), he shall designate the tasks which it is to carry out.

2

A body may be designated under paragraph (1) as a body which is to carry out tasks of F2a CAB only if the Secretary of State considers that the body is capable of fulfilling the functions of F2a CAB arising out of F7a mutual recognition agreement which it needs to be able to fulfil.

3

The Secretary of State may refuse to designate a body under paragraph (1) if it fails to pay any fee payable under Part VI in connection with an application for designation.

4

The Secretary of State may vary the tasks that F20a CAB may carry out, and if he does, those varied tasks will be the tasks which it is designated to carry out.

5

The Secretary of State may place a restriction in relation to, or withdraw, any designation of a body under paragraph (1) if—

a

the body so requests; or

b

he considers that the body is not capable of fulfilling the functions of F9a CAB arising out of F19a mutual recognition agreement which it needs to be able to fulfil,

and the Secretary of State may also withdraw any designation of a body under paragraph (1) if it fails to pay any fee payable under Part VI.

6

Before—

a

effecting a variation under paragraph (4); or

b

restricting or withdrawing a designation under paragraph (5),

otherwise than at the F29... CAB’s request, the Secretary of State shall give to the F29... CAB an opportunity to make representations to him in writing and shall take into account any such representations as are made.

7

For the purpose of deciding whether or not a body is capable of fulfilling the functions of F15a CAB arising out of F8a mutual recognition agreement which it needs to be able to fulfil, the Secretary of State may arrange for the inspection of—

a

any premises occupied, or plant or equipment used, in connection with the carrying out of any such task; or

b

any premises occupied, or plant or equipment used, by a manufacturer where the body is undertaking any task in relation to that manufacturer,

and may take into account for the purposes of his decision the results of any such inspection and any refusal to afford him such facilities or assistance as he may reasonably require in order to carry out any such inspection.

8

The Secretary of State may request that F3a CAB supply to him any or all relevant information and documents, including budgetary documents, necessary for the purposes of deciding whether or not the body is capable of fulfilling the functions of F3a CAB arising out of F16a mutual recognition agreement which it needs to be able to fulfil, and the body shall supply to him any and all relevant information or documents so requested.

Designation etc. of F27... conformity assessment bodiesE148

1

The Secretary of State may designate for the purposes of F10a UK mutual recognition agreement any corporate or other body as a body which is to carry out any of the tasks of a F4... conformity assessment body, and, if he so designates a body (referred to in these Regulations as F11a “CAB”), he shall designate the tasks which it is to carry out.

2

A body may be designated under paragraph (1) as a body which is to carry out tasks of F14a CAB only if the Secretary of State considers that the body is capable of fulfilling the functions of F14a CAB arising out of F26a UK mutual recognition agreement which it needs to be able to fulfil.

3

The Secretary of State may refuse to designate a body under paragraph (1) if it fails to pay any fee payable under Part VI in connection with an application for designation.

4

The Secretary of State may vary the tasks that F13a CAB may carry out, and if he does, those varied tasks will be the tasks which it is designated to carry out.

5

The Secretary of State may place a restriction in relation to, or withdraw, any designation of a body under paragraph (1) if—

a

the body so requests; or

b

he considers that the body is not capable of fulfilling the functions of F1a CAB arising out of F17a UK mutual recognition agreement which it needs to be able to fulfil,

and the Secretary of State may also withdraw any designation of a body under paragraph (1) if it fails to pay any fee payable under Part VI.

6

Before—

a

effecting a variation under paragraph (4); or

b

restricting or withdrawing a designation under paragraph (5),

otherwise than at the F5... CAB’s request, the Secretary of State shall give to the F5... CAB an opportunity to make representations to him in writing and shall take into account any such representations as are made.

7

For the purpose of deciding whether or not a body is capable of fulfilling the functions of F24a CAB arising out of F21a UK mutual recognition agreement which it needs to be able to fulfil, the Secretary of State may arrange for the inspection of—

a

any premises occupied, or plant or equipment used, in connection with the carrying out of any such task; or

b

any premises occupied, or plant or equipment used, by a manufacturer where the body is undertaking any task in relation to that manufacturer,

and may take into account for the purposes of his decision the results of any such inspection and any refusal to afford him such facilities or assistance as he may reasonably require in order to carry out any such inspection.

8

The Secretary of State may request that F25a CAB supply to him any or all relevant information and documents, including budgetary documents, necessary for the purposes of deciding whether or not the body is capable of fulfilling the functions of F25a CAB arising out of F28a UK mutual recognition agreement which it needs to be able to fulfil, and the body shall supply to him any and all relevant information or documents so requested.