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41.—(1) The Secretary of State may from time to time appoint in writing such qualified bodies as the Secretary of State thinks fit to be notified bodies for the purposes of this Part.
(2) An appointment under this regulation may relate to all or any description or class of civil explosives, may be subject to conditions or to limit of time, and may be revoked in writing at any time.
(3) For the purposes of this regulation a body is qualified if it meets the criteria set out in Annex III (minimum criteria to be taken into account by member States for the notification of bodies) or if it meets the assessment criteria laid down by a relevant harmonised standard.
(4) The Secretary of State must—
(a)notify the Commission and the other EEA States of any body appointed under this regulation;
(b)revoke the appointment of any such body if it appears to the Secretary of State that that body is no longer qualified; and
(c)notify the Commission and the other EEA States of the revocation of any such appointment.
(5) A body appointed by the Secretary of State under this regulation, after agreeing with the applicant any fee in respect of the work to be undertaken by it, is to perform the functions of a notified body under the Civil Uses Directive.
(6) For the purposes of this regulation—
(a)“notified body” means a body notified to the Commission by a member State pursuant to Article 6.2 of the Civil Uses Directive; and
(b)the reference to a numbered Annex has the same meaning as in regulation 40(2).
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