PART 3Certification, evaluation and attestation
F2Appointment of certification, evaluation and attestation bodies8
1
The Secretary of State may appoint, after consulting the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, such person and on such terms as the Secretary of State thinks fit to be—
a
for the purposes of Commission Regulation 304/2008—
i
a certification body for the purposes of Article 5 (personnel certificates);
ii
an evaluation body for the purposes of Article 5;
iii
a certification body for the purposes of Article 8 (company certificates);
b
for the purposes of Commission Regulation 306/2008—
i
a certification body;
ii
an evaluation body;
c
for the purposes of Commission Regulation 307/2008, an attestation body;
d
for the purposes of Commission Regulation 2015/2066—
i
a certification body;
ii
an evaluation body;
e
in relation to Commission Regulation 2015/2067—
i
a certification body for the purposes of Article 4 (certificates for natural persons);
ii
an evaluation body for the purposes of Article 4;
iii
a certification body for the purposes of Article 6 (company certificates).
2
The Secretary of State may charge such fees as the Secretary of State considers will enable the recovery of any reasonable expenses incurred in reviewing an application to be appointed under paragraph (1).
3
The Secretary of State may, after consulting the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, decide to terminate the appointment of a person appointed under paragraph (1) by giving that person notice of the decision, with reasons, in writing.
Certificates relating to stationary refrigeration, air conditioning and heat pump equipment issued in EEA States and Northern Ireland9
1
A person who holds a valid certificate issued under F3Article 4 or 6 of Commission Regulation 2015/2067 by a certification body in an EEA State F17other than the United Kingdom in respect of an activity mentioned in Article 2 of that Regulation may not carry out that activity unless—
a
the certificate is written in English; or
b
the person holds a translation of the certificate in English.
2
A person who holds a valid certificate issued under F4Article 4 or 6 of Commission Regulation 2015/2067 by a certification body appointed in Northern Ireland in respect of an activity mentioned in Article 2 of that Regulation may carry out that activity.
Certification and evaluation bodies: fire protection systems and fire extinguishersF510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certificates relating to fire protection systems and fire extinguishers issued in EEA States and Northern Ireland11
1
A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body in an EEA State F18other than the United Kingdom in respect of an activity mentioned in Article 2 of that Regulation may not carry out that activity unless—
a
the certificate is written in English; or
b
the person holds a translation of the certificate in English.
2
A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body appointed in Northern Ireland in respect of an activity mentioned in Article 2 of that Regulation may carry out that activity.
Certification and evaluation bodies: high-voltage switchgearF612
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Certificates relating to F7electrical switchgear issued in EEA States and Northern Ireland13
1
An individual who holds a valid certificate issued under F8Article 3 of Commission Regulation 2015/2066 by a certification body in an EEA State F19other than the United Kingdom may not carry out the activity mentioned in Article 1 of that Regulation unless—
a
the certificate is written in English; or
b
the individual holds a translation of the certificate in English.
2
An individual who holds a valid certificate issued under F9Article 3 of Commission Regulation 2015/2066 by a certification body appointed in Northern Ireland in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.
Certification and evaluation body: fluorinated greenhouse gas-based solventsF1014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certificates relating to fluorinated greenhouse gas-based solvents issued in EEA States and Northern Ireland15
1
An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body in an EEA State F20other than the United Kingdom may not carry out the activity mentioned in Article 1 of that Regulation unless—
a
the certificate is written in English; or
b
the individual holds a translation of the certificate in English.
2
An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body appointed in Northern Ireland in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.
Attestation bodies: air conditioning systems in certain motor vehiclesF1116
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Attestations relating to air conditioning systems in certain motor vehicles issued in EEA States and Northern Ireland17
1
An individual who holds a valid attestation issued under Article 3(2) of Commission Regulation 307/2008 by an attestation body in an EEA State F21other than the United Kingdom may not carry out the activity mentioned in Article 1 of that Regulation unless—
a
the attestation is written in English; or
b
the individual holds a translation of the attestation in English.
2
An individual who holds a valid attestation issued under Article 3(2) of Commission Regulation 307/2008 by an attestation body appointed in Northern Ireland in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.
Obligation of employers to employ qualified employees18
The employer of an individual employed to carry out any work or activity referred to in the following provisions must ensure that that individual holds the qualification necessary to enable the individual to carry out the work or activity—
a
Article 2(1) of F12Commission Regulation 2015/2067;
b
Article 2(1) of Commission Regulation 304/2008;
c
Article 1 of F13Commission Regulation 2015/2066;
d
Article 1 of Commission Regulation 306/2008;
e
Article 1 of Commission Regulation 307/2008.
Obligations on certification bodies, attestation bodies and evaluation bodies to provide information19
1
When requested to do so by any person, a certification body must, within 14 days of the request being made, provide details of any certificate issued by it pursuant to—
F14a
Commission Regulation 2015/2067;
b
Commission Regulation 304/2008;
F15c
Commission Regulation 2015/2066;
d
Commission Regulation 306/2008.
2
When requested to do so by any person, an attestation body must, within 14 days of the request being made, provide details of an attestation issued by it pursuant to Commission Regulation 307/2008.
3
In this regulation, “details”, in relation to a certificate or attestation, includes—
a
the name of the person to whom the certificate or attestation was issued;
b
the date on which the certificate or attestation was issued; and
c
in the case of an individual, the examination or training to which the certificate or attestation relates.
4
When requested to do so by the Secretary of State, a relevant body must provide as soon as reasonably practicable to the Secretary of State such information as the Secretary of State may require to ensure that the obligations of the United Kingdom imposed by the first sentence of Article 10(10) of the 2014 Regulation (training and certification) and by F16Commission Regulation 2015/2065 are complied with.
5
In paragraph (4), “relevant body” means a certification body, an attestation body or an evaluation body referred to in, or appointed under, these Regulations.
F1Publication of details of certification bodies, attestation bodies and evaluation bodies19A
1
The Secretary of State must, after consulting the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, publish the following information about any person appointed as a certification body, attestation body or evaluation body under regulation 8—
a
name;
b
company number, where relevant;
c
postal address;
d
telephone number;
e
email address.
2
Publication under this regulation is to be in such manner as the Secretary of State considers appropriate.