Authorised representativesE+W+S
17.—(1) A manufacturer may, by written mandate, appoint a person established in the [F1United Kingdom] as their authorised representative to perform specified tasks on the manufacturer’s behalf.
(2) A manufacturer who has appointed an authorised representative to perform, on the manufacturer’s behalf, a task under these Regulations remains responsible for the proper performance of that task.
(3) The obligations laid down in regulation 5 (design and manufacture in accordance with essential health and safety requirements) and regulation 6(b) (technical documentation and conformity assessment) must not form part of an authorised representative’s mandate.
(4) The mandate must allow the authorised representative to do at least the following in relation to a product covered by the mandate—
(a)perform the manufacturer’s obligations under regulation 8 (retention of technical documentation and F2... declaration of conformity), and
(b)perform the manufacturer’s obligations under regulation 16 (provision of information and cooperation).
(5) An authorised representative must comply with all duties imposed on the manufacturer in relation to each obligation under these Regulations that the authorised representative is appointed by the mandate to perform and, accordingly as far as those duties are concerned, as well as the penalties for failure to comply with those duties, references in these Regulations (except in this regulation) to the manufacturer are to be taken as including a reference to the authorised representative.
Textual Amendments
F1Words in reg. 17(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 12(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 17(4)(a) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 12(b) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 17 in force at 8.12.2016, see reg. 1(1)