44.—(1) The Secretary of State may notify to the European Commission, the other Member States and Northern Ireland only those conformity assessment bodies established within Great Britain that qualify for notification.
(2) A conformity assessment body qualifies for notification if the first and second conditions below are met.
(3) The first condition is that the conformity assessment body makes an application to the Secretary of State for notification and that application is accompanied by—
(a)a description of—
(i)the conformity assessment activities that the conformity assessment body intends to carry out,
(ii)the conformity assessment module for which the conformity assessment body claims to be competent, and
(iii)the product for which the conformity assessment body claims to be competent, and either
(b)an accreditation certificate, or
(c)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body’s compliance with the notified body requirements.
(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.
(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body fulfils the notified body requirements.
(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission, the other Member States and Northern Ireland, the Secretary of State may—
(a)have regard to any other matter which appears to the Secretary of State to be relevant, and
(b)set conditions that the conformity assessment body must meet.
(7) The Secretary of State must inform the European Commission of Great Britain’s procedures for the assessment and notification of conformity assessment bodies and of any changes to those procedures.