PART 4Notification of conformity assessment bodies
Subsidiaries and contractors51
1
Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the activities are only to be treated as having been carried out by a notified body for the purposes of regulation 40 (conformity assessment procedures) where the conditions in paragraphs (2) and (3) are met.
2
The notified body must—
a
ensure that the subcontractor or subsidiary meets the notified body requirements; and
b
inform the Secretary of State accordingly.
3
The notified body must have obtained the agreement of the client to the use of a subcontractor or subsidiary.
4
Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the notified body must for a period of at least 10 years beginning on the day on which the activities are carried out, keep at the disposal of the Secretary of State the documentation concerning—
a
the assessment of the qualifications of the subcontractor or the subsidiary; and
b
the conformity assessment activities carried out by the subcontractor or subsidiary.
5
When monitoring a notified body in accordance with regulation 47, the Secretary of State must treat the notified body as responsible for the tasks performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.