SCHEDULE 3Operational obligations of F8approved bodies

F7Regulation 47

Annotations:

I11

F9An approved body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

I22

F9An approved body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

Annotations:
Commencement Information
I2

Sch. 3 para. 2 in force at 8.12.2016, see reg. 1(1)

I33

F9An approved body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

Annotations:
Commencement Information
I3

Sch. 3 para. 3 in force at 8.12.2016, see reg. 1(1)

I44

F9An approved body must respect the degree of rigour and the level of protection required to ensure that the product is in conformity with the requirements of these Regulations.

Annotations:
Commencement Information
I4

Sch. 3 para. 4 in force at 8.12.2016, see reg. 1(1)

I55

Where F9an approved body finds that essential health and safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.

Annotations:
Commencement Information
I5

Sch. 3 para. 5 in force at 8.12.2016, see reg. 1(1)

I66

Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, F9an approved body finds that a product is no longer in conformity with the essential health and safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).

Annotations:
Commencement Information
I6

Sch. 3 para. 6 in force at 8.12.2016, see reg. 1(1)

I77

Where the F1approved body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the F1approved body must restrict, suspend or withdraw any certificate of conformity or approval.

I88

Paragraph 9 applies where F9an approved body is minded to—

a

refuse to issue a certificate of conformity or grant an approval;

b

restrict, suspend or withdraw a certificate of conformity or approval.

Annotations:
Commencement Information
I8

Sch. 3 para. 8 in force at 8.12.2016, see reg. 1(1)

I99

Where this paragraph applies, the F2approved body must—

a

give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

b

give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

c

take account of any such representations before taking its decision.

I1010

F9An approved body must inform the Secretary of State of—

a

any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

b

any circumstances affecting the scope of, or conditions for, notification under F3regulation 43 (approval of conformity assessment bodies);

c

any request for information which it has received from the market surveillance authority regarding conformity assessment activities; and

d

on request, any conformity assessment activities performed within the scope of its F4approval under regulation 43 and any other activity performed, including cross-border activities and subcontracting.

I1111

F9An approved body must make provision in its contracts with its clients enabling such clients to appeal against a decision—

a

to refuse to issue a certificate of conformity or grant an approval; or

b

to restrict, suspend or withdraw a certificate of conformity or approval.

Annotations:
Commencement Information
I11

Sch. 3 para. 11 in force at 8.12.2016, see reg. 1(1)

I1212

F9An approved body must provide other F5bodies approved under these Regulations carrying out similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.

I1313

F9An approved body must participate in the work of any F6approved body coordination group established by the Secretary of State, directly or by means of its designated representatives.

I1414

F9An approved body must—

a

acknowledge receipt of the technical documentation provided by the manufacturer in accordance with regulation 39(1)(b)(ii)(bb) (conformity assessment procedures) as soon as possible; and

b

retain the technical documentation referred to in sub-paragraph (a).