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.