The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (revoked)

Appointment of notified bodies and approved bodies by the competent authority U.K.

44.—(1) The competent authority may appoint such persons as it thinks fit to be notified bodies or approved bodies for the purpose of this Part.

(2) An application for—

(a) appointment as a notified body;

(b) appointment as an approved body; or

(c) for the amendment of an existing appointment,

shall be made to the competent authority.

(3) An appointment made under this regulation—

(a) by the competent authority may relate to—

(i) all descriptions of transportable pressure equipment for which they are the competent authority; or

(ii) such descriptions of such transportable pressure equipment as the competent authority may determine;

(b) may be made subject to such conditions as the competent authority may determine, and such conditions may include conditions which apply upon or following termination of the appointment;

(c) shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (7), require the notified body or approved 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 manufacturer of the transportable pressure equipment fulfils the obligations arising out of the relevant conformity assessment procedure;

(d) shall be terminated upon 90 days' notice in writing to the competent authority at the request of the notified body or the approved body; and

(e) may be terminated if it appears to the competent authority that any of the conditions of the appointment are not being complied with.

(4) Subject to paragraph (3)(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.

(5) A notified body or an approved body appointed by the competent authority shall be subject to such inspection by or on behalf of the competent authority as is necessary to ensure compliance with any condition specified in the appointment.

(6) The inspection referred to in paragraph (5) may include the examination of premises, equipment and documents and the notified body or approved body shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(7) In respect of an application made to a notified body or an approved body in accordance with this Part, the notified body or approved body shall not be required to carry out the procedures and tasks referred to in paragraph (3)(c)—

(a) if the documents submitted to it with the application are not in English or another language acceptable to that body;

(b) until the applicant has paid the fee which that body requires pursuant to regulation 56(4); or

(c) if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(8) If for any reason the appointment of a notified body or approved body is terminated under this regulation, the competent authority may—

(a) give such directions—

(i) to the body whose appointment has been terminated; or

(ii) to another notified body or approved body,

for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and those directions shall be complied with by the body to whom they are made; and

(b) without prejudice to the generality of sub-paragraph (a), authorise another notified body or approved body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.