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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, Section 36C is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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36C.—(1) Subject to paragraph (2), regulation 36A ceases to have effect at the end of the period of [F2four years] beginning with IP completion day.
(2) Notwithstanding the expiry of regulation 36A—
(a)any product which was placed on the market pursuant to regulation 36A may continue to be made available on the market on or after the expiry of regulation 36A;
(b)any obligation to which a person was subject under regulation 36A in respect of any product placed on the market pursuant to regulation 36A continues to have effect after the expiry of regulation 36A, in respect of that product.
(3) Subject to paragraph (4), regulation 36B ceases to have effect at the end of the period of [F3four years] beginning with IP completion day.
(4) Where a conformity assessment procedure has been completed pursuant to regulation 36B in relation to a product prior to the expiry of regulation 36B, regulation 36B continues to apply in respect of that pressure equipment or assembly where—
(a)the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;
(b)the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and
(c)the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.
(5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after the conformity assessment referred to in regulation 36B(2) has been carried out.]
Textual Amendments
F1Regs. 36A-36D inserted (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. 21 (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 17(3)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 36C(1) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1
F3Words in reg. 36C(3) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1
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