PART 4 E+W+S [F1 Notification of conformity assessment bodies][F1 Approval of Conformity Assessment Bodies]

Textual Amendments

F1 Pt. 4 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. 24 para. 35 (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, reg. 1, Sch. 1 para. 1(m)); 2020 c. 1, Sch. 5 para. 1(1)

[F1 Presumption of conformity of conformity assessment bodies E+W+S

58.— (1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements or the user inspectorate requirements (as the case may be) covered by that standard (or part of that standard).

(2) The presumption in paragraph (1) is rebuttable.]

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

58.—(1) A conformity assessment body qualifies for notification as a user inspectorate if the conditions in paragraphs (2) to (7) below are met.

(2) The conformity assessment body must make an application to the Secretary of State for notification as a user inspectorate and that application must be accompanied by—

(a) a description of—

(i) the conformity assessment activities that the conformity assessment body intends to carry out;

(ii) the conformity assessment modules for which the conformity assessment body claims to be competent; and

(iii) the pressure equipment or assemblies for which the conformity assessment body claims to be competent;

(iv) a list of the establishments satisfying the requirement in paragraph (7); and either—

(b) an accreditation certificate; or

(c) documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the user inspectorate requirements.

(3) The Secretary of State must be satisfied that the conformity assessment body meets the user inspectorate requirements.

(4) The conformity assessment procedures which a user inspectorate may carry out are modules A2, C2, F and G referred to in Annex III to the Directive (as amended from time to time).

(5) The group of which the user inspectorate is part must apply a common safety policy as regards the technical specifications for the design, manufacture, inspection, maintenance and use of pressure equipment and assemblies.

(6) The user inspectorate must act exclusively for the group of which it is part.

(7) Pressure equipment or assemblies, the conformity of which has been assessed by a user inspectorate, may be used only in establishments operated by the group of which the user inspectorate is part.

(8) For the purposes of paragraph (3), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (2)(b), as sufficient evidence that the conformity assessment body meets the user inspectorate requirements.

Extent Information

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