Textual Amendments
F1Pt. 5 (regs. 53-59) substituted for Pt. 5 (regs. 53-60) (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. 27 para. 38 (with Sch. 27 para. 50(a)) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
53.—(1) An approved body is a conformity assessment body which—
(a)has been approved by the Secretary of State pursuant to the procedure set out in regulation 54 (approval of conformity assessment bodies); or
(b)immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 60(1) or (2) as they had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.
(2) Paragraph (1) has effect subject to regulation 57 (restriction, suspension or withdrawal of approval).
(3) In this Part—
“notified body” means a body—
which the Secretary of State had before IP completion day notified to the European Commission and the member States of the European Union, in accordance with Article 23 of the Directive; and
in respect of which no objections had been raised, as referred to in regulation 53(2)(b), as it had effect immediately before IP completion day;
“approved body requirements” means the requirements set out in Schedule 5.]
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
53.—(1) This Part applies to the notification to the Commission and other [F2relevant] states of the bodies authorised to carry out conformity assessment procedures in the United Kingdom in relation to measuring instruments.
(2) For the purposes of this Part, a notified body is a conformity assessment body—
(a)which has been notified to the Commission and to other [F2relevant] states under regulation 55 (notification); and
(b)in respect of which no objections [F3, other than an immaterial objection,] are raised by the Commission or other [F2relevant] states—
(i)within 2 weeks of a notification, where an accreditation certificate is used; or
(ii)within 2 months of a notification, where accreditation is not [F4used;]
[F5(c)in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
(i)the conformity assessment body is established in the United Kingdom; or
(ii)the accreditation certificate was issued by the United Kingdom Accreditation Service.]
(3) Paragraph (2) has effect subject to regulation 60 (changes to notifications).
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F2Word in reg. 53 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 14 para. 5(1)(a)
F3Words in reg. 53(2)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 14 para. 5(1)(b)(i)
F4Word in reg. 53(2)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 14 para. 5(1)(b)(ii)