The Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 (revoked)

Designation of notified bodies U.K.

4.—(1) The designating authority may, on the application of a person, designate that person to be a notified body.

(2) The designating authority shall not make a designation under paragraph (1) unless it is satisfied that the person meets the notified body criteria.

(3) A person who meets the criteria laid down in a national standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in the national standard.

(4) A designation under paragraph (1)—

(a) shall be in writing;

(b) may be made subject to such conditions as may be specified in the designation, which may include conditions which—

(i) are to apply upon or following termination of the designation;

(ii) require the use of test equipment for the purpose of conformity assessment appropriate to the measuring instrument being assessed; and

(iii) limit the description of any measuring instrument for which the person is designated;

(c) subject to regulation 7, may last for such period as may be specified in the designation;

(d) shall specify the conformity assessment procedures and specific tasks (which may be framed by reference to any circumstances) which the person has been designated to carry out; and

(e) may include a requirement to publish from time to time the scale of fees which the person charges pursuant to regulation 8 or such information about the basis of calculation of such fees as may be specified.

(5) In exercising the power conferred on it by paragraph (1), the designating authority may (in addition to the matters of which it is required to satisfy itself pursuant to paragraph (2)) have regard to any matter appearing to it to be relevant.

(6) The Gas and Electricity Markets Authority and the Northern Ireland Authority for Energy Regulation shall be entitled—

(a) to enter into arrangements for the Gas and Electricity Markets Authority to act on behalf of the Northern Ireland Authority for Energy Regulation for, or in connection with, the carrying out of the functions conferred on the Northern Ireland Authority for Energy Regulation by these Regulations; and

(b) to give effect to those arrangements.

(7) For the purposes of paragraph (3), “national standard” means a standard applicable to the designation of notified bodies—

(a) implementing a harmonised standard that has been published in the Official Journal of the European Union; and

(b) the reference of which is published—

(i) in the United Kingdom by the Secretary of State; or

(ii) in another member State by the competent authority pursuant to Article 11.2.