The Accreditation Regulations 2009

Citation and commencement U.K.

1.  These Regulations may be cited as the Accreditation Regulations 2009 and shall come into force on 1st January 2010.

Commencement Information

I1 Reg. 1 in force at 1.1.2010, see reg. 1

Interpretation E+W+S

2.—(1) In these Regulations:

[F1 “RAMS” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;]

“UKAS” means the United Kingdom Accreditation Service, a company limited by guarantee incorporated in England and Wales under number 3076190.

(2) Any expression used in [F2 RAMS] which is used in these Regulations has the same meaning in these Regulations as it has in [F2 RAMS].

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in reg. 2(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 14 para. 2(a)(i) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 2(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 14 para. 2(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 2 in force at 1.1.2010, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations:

“the EC Regulation” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93(1); and

“UKAS” means the United Kingdom Accreditation Service, a company limited by guarantee incorporated in England and Wales under number 3076190.

(2) Any expression used in the EC Regulation which is used in these Regulations has the same meaning in these Regulations as it has in the EC Regulation.

Extent Information

E6 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I7 Reg. 2 in force at 1.1.2010, see reg. 1

Appointment of UKAS as national accreditation body E+W+S

3.  UKAS is appointed for the purposes of Article 4(1) of [F3 RAMS] as the [F4 UK national accreditation body].

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F3 Word in reg. 3 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 14 para. 3(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 3 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 14 para. 3(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 3 in force at 1.1.2010, see reg. 1

Appointment of UKAS as national accreditation body N.I.

3.  UKAS is appointed for the purposes of Article 4(1) of the EC Regulation as the national accreditation body.

Extent Information

E7 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I8 Reg. 3 in force at 1.1.2010, see reg. 1

Fees E+W+S

4.—(1) UKAS may charge such fees in connection with or incidental to, carrying out its functions under [F5 RAMS] as it may determine provided that such fees shall not exceed the sum of the following:

(a) the costs incurred or to be incurred by UKAS in performing the relevant function; and

(b) an amount on account of other expenditure of UKAS which is fair and reasonable in the circumstances having regard to the character and extent of the work done by it.

(2) The power in paragraph (1) includes the power to require payment of fees or a reasonable estimate thereof in advance.

Extent Information

E3 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F5 Word in reg. 4(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 14 para. 4 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 4 in force at 1.1.2010, see reg. 1

Fees N.I.

4.—(1) UKAS may charge such fees in connection with or incidental to, carrying out its functions under the EC Regulation as it may determine provided that such fees shall not exceed the sum of the following:

(a) the costs incurred or to be incurred by UKAS in performing the relevant function; and

(b) an amount on account of other expenditure of UKAS which is fair and reasonable in the circumstances having regard to the character and extent of the work done by it.

(2) The power in paragraph (1) includes the power to require payment of fees or a reasonable estimate thereof in advance.

Extent Information

E8 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I9 Reg. 4 in force at 1.1.2010, see reg. 1

Appeals E+W+S

5.  The Schedule to these Regulations has effect in relation to appeals in relation to accreditation decisions by UKAS pursuant to Chapter II of [F6 RAMS].

Extent Information

E4 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F6 Word in reg. 5 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 14 para. 4 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I5 Reg. 5 in force at 1.1.2010, see reg. 1

Appeals N.I.

5.  The Schedule to these Regulations has effect in relation to appeals in relation to accreditation decisions by UKAS pursuant to Chapter II of the EC Regulation.

Extent Information

E9 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I10 Reg. 5 in force at 1.1.2010, see reg. 1

Provision of information to the Secretary of State E+W+S

6.  UKAS shall provide to the Secretary of State such information as he may in writing request in relation to its functions under Chapter II of [F7 RAMS].

Extent Information

E5 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F7 Word in reg. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 14 para. 4 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I6 Reg. 6 in force at 1.1.2010, see reg. 1

Provision of information to the Secretary of State N.I.

6.  UKAS shall provide to the Secretary of State such information as he may in writing request in relation to its functions under Chapter II of the EC Regulation.

Extent Information

E10 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I11 Reg. 6 in force at 1.1.2010, see reg. 1

Drayson

Minister for Science and Innovation

Department for Business, Innovation and Skills