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8.—(1) Regulation 25A(1) shall be amended as follows.
(2) After paragraph (3), insert—
“(3A) Item 2A shall be provided free of charge unless—
(a)the visit is necessary as a result of a failure on the part of the authorised examiner or, as the case may be, the designated council, to provide adequate access to the apparatus during the first (or previous visit); or
(b)the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to assess, repair or replace apparatus at an earlier date.
(3B) The Secretary of State may waive any charge payable in respect of item 2A.”
(3) In paragraph (4), insert at the end “or a defect at the time of supply ”.
(4) In paragraph (5)—
(a)in sub-paragraph (a), after “and tear” insert “or a defect at the time of supply”; and
(b)in sub-paragraph (b), insert at the end, “or a defect at the time of supply”.
Regulation 25A was inserted by S.I. 2003/1113, regulations 2 and 21.
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