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The Radio Equipment Regulations 2017

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PART 1U.K.Preliminary

Citation and commencementU.K.

1.  These Regulations may be cited as the Radio Equipment Regulations 2017 and come into force on 26th December 2017.

Interpretation and applicationE+W+S

2.—(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987 M1;

[F1“approved body” has the meaning given to it in regulation 46 (approved bodies);]

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“authorised representative” means a person appointed in accordance with regulation 19;

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6“commencement date” means the date these regulations come into force;]

“conformity assessment” means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled;

“conformity assessment body” means a body that performs conformity assessment activities;

[F7“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) ( declaration of conformity);]

[F7“designated standard” has the meaning given to it in regulation 2A;]

“distributor” means any person in the supply chain, other than the manufacturer, authorised representative or the importer, who makes radio equipment available on the market;

[F8“the Directive” means Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment;]

“economic operator” means a manufacturer, authorised representative, importer or distributor;

[F9“electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;]

“enforcing authority” means any person enforcing these Regulations under regulation 56 (enforcement);

“essential requirements” means the requirements set out in regulation 6;

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12“harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, European Community or national regulations;]

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14“the Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1354 specifying how to present the information provided for in Article 10(10) of Directive 2014/53/EU of the European Parliament and of the Council;]

[F15“importer” means a person who—

(a)

is established in the United Kingdom and places radio equipment from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places radio equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]

“make available on the market” means any supply for distribution, consumption or use of radio equipment on the [F16market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“manufacturer” means a person who—

(a)

manufactures radio equipment or has radio equipment designed or manufactured; and

(b)

markets that radio equipment under that person's name or trade mark;

“market surveillance authority” has the meaning set out in regulation 55 (designation of market surveillance authorities”);

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 M2;

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“place on the market” means the first making available on the [F20market of Great Britain] of radio equipment, and related expressions must be construed accordingly;

“put into service” means the first use of radio equipment in [F21Great Britain] by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;

“radiodetermination” means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves;

“radio communication” means communication by means of radio waves;

“radio equipment” means—

(a)

an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or

(b)

an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination;

“radio waves” means electromagnetic waves of frequencies lower than 3,000 GHz, propagated in space without artificial guide;

“RAMS” means Regulation (EC) No 765/2008M3 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;

“recall” means taking any measure aimed at achieving the return of radio equipment that has already been made available to the end-user and related expressions must be construed accordingly;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 41 (conformity assessment procedures);

“relevant economic operator” means, in relation to radio equipment, an economic operator with obligations in respect of that radio equipment under Part 2;

“technical documentation” has the meaning set out in regulation 45 (technical documentation);

“technical specification” means a document that prescribes technical requirements to be fulfilled by radio equipment;

[F22“UK marking” means the marking in the form set out in Annex 2 of RAMS;]

[F22“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;]

“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 M4;

“withdraw” means taking any measure aimed at preventing radio equipment in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) In these Regulations, a reference to radio equipment being “in conformity with Part 2” means that—

(a)the radio equipment is in conformity with the essential requirements, and

(b)each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the radio equipment available on the market.

F23(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In regulations 18 and 26 (monitoring in relation to manufacturers and importers respectively) “risk” means a risk which could arise from lawful and readily predictable human behaviour.

(5) In the other provisions of these Regulations, “risk” means a risk—

(a)which could arise from lawful and readily predictable human behaviour, or

(b)of non-conformity with the essential requirements.

F24(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Marginal Citations

M3OJ L 218, 13.8.2008, p.30.

Interpretation and applicationN.I.

2.—(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987 F156;

“accreditation” has the meaning set out in point 10 of Article 2 of RAMS (as amended from time to time);

“accreditation certificate” means a certificate, issued by either the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or by a national accreditation body in another [F157relevant state], attesting that a conformity assessment body meets the notified body requirements;

“authorised representative” means a person appointed in accordance with regulation 19;

“CE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);

“competent national authority” means an authority having responsibility for enforcing the law of a [F158relevant state] which implements the Directive;

“conformity assessment” means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled;

“conformity assessment body” means a body that performs conformity assessment activities;

“distributor” means any person in the supply chain, other than the manufacturer, authorised representative or the importer, who makes radio equipment available on the market;

“the Directive” means Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment F159;

“economic operator” means a manufacturer, authorised representative, importer or distributor;

“electromagnetic disturbance” has the meaning set out in point (5) of paragraph 1 of Article 3 of Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility F160;

“enforcing authority” means any person enforcing these Regulations under regulation 56 (enforcement);

“essential requirements” means the requirements set out in regulation 6;

“EU declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) (EU declaration of conformity);

“European Commission” means the Commission of the European Union;

“harmful interference” has the meaning set out in point (r) of Article 2 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services F161 (as amended from time to time);

“harmonised standard” has the meaning set out in Article 2(1)(c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation F162 (as amended from time to time);

“importer” means any person who—

(a)

is established within the [F163relevant market]; and

(b)

places radio equipment from a [F164market outside of the relevant market on the relevant] market;

“make available on the market” means any supply for distribution, consumption or use of radio equipment on the [F165relevant] market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“manufacturer” means a person who—

(a)

manufactures radio equipment or has radio equipment designed or manufactured; and

(b)

markets that radio equipment under that person's name or trade mark;

“market surveillance authority” has the meaning set out in regulation 55 (designation of market surveillance authorities”);

“national accreditation body” has the meaning set out in point 11 of Article 2 of RAMS (as amended from time to time);

[F166“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;]

“notified body requirements” means the requirements set out in Schedule 8 (notified body requirements);

“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 F167;

“Official Journal” means the Official Journal of the European Union;

“place on the market” means the first making available on the [F168relevant] market of radio equipment, and related expressions must be construed accordingly;

“put into service” means the first use of radio equipment in the [F169relevant market] by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;

“radiodetermination” means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves;

“radio communication” means communication by means of radio waves;

“radio equipment” means—

(a)

an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or

(b)

an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination;

“radio waves” means electromagnetic waves of frequencies lower than 3,000 GHz, propagated in space without artificial guide;

“RAMS” means Regulation (EC) No 765/2008 F170 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;

“recall” means taking any measure aimed at achieving the return of radio equipment that has already been made available to the end-user and related expressions must be construed accordingly;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 41 (conformity assessment procedures);

“relevant economic operator” means, in relation to radio equipment, an economic operator with obligations in respect of that radio equipment under Part 2;

[F171“relevant market” means—

(a)

the market in Northern Ireland; and

(b)

the market of the EEA states;]

[F171“relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;]

“technical documentation” has the meaning set out in regulation 45 (technical documentation);

“technical specification” means a document that prescribes technical requirements to be fulfilled by radio equipment;

[F172“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;]

“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 F173;

“withdraw” means taking any measure aimed at preventing radio equipment in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) In these Regulations, a reference to radio equipment being “in conformity with Part 2” means that—

(a)the radio equipment is in conformity with the essential requirements, and

(b)each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the radio equipment available on the market.

(3) In these Regulations (except in Part 4 (notification of conformity assessment bodies) and Schedules 8 (notified body requirements) and 9 (operational obligations of notified bodies)), “notified body” means—

(a)a notified body within the meaning set out in regulation 46 (notified bodies), or

(b)a notified body under the laws of any other [F174relevant state] which implements the Directive.

(4) In regulations 18 and 26 (monitoring in relation to manufacturers and importers respectively) “risk” means a risk which could arise from lawful and readily predictable human behaviour.

(5) In the other provisions of these Regulations, “risk” means a risk—

(a)which could arise from lawful and readily predictable human behaviour, or

(b)of non-conformity with the essential requirements.

F175(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E48This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F159OJ L 153, 22.5.2014, p.62.

F160OJ L 96, 29.3.2014, p.79.

F161OJ L 108, 24.04.2002, p.33.

F162OJ L 316, 14.11.2012, p.12.

F170OJ L 218, 13.8.2008, p.30.

F172Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 14(2)

[F25Designated standardE+W+S

2A.—(1) Subject to paragraphs (6) and (7), in these Regulations a reference to a “designated standard” means a technical specification which is—

(a)adopted by a recognised standardisation body [F26or an international standardising body], for repeated or continuous application, with which compliance is not compulsory; and

(b)designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a)the characteristics required of a product, including—

(i)levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;

(b)production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—

(a)the European Committee for Standardisation (CEN);

(b)the European Committee for Electrotechnical Standardisation (Cenelec);

(c)the European Telecommunications Standards Institute (ETSI);

(d)the British Standards Institution (BSI).

[F27(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]

(4) When considering whether the publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [F28such] technical specifications adopted by the other recognised standardisation bodies [F29or by international standardising bodies as the Secretary of State considers to be relevant].

(6) The Secretary of State may remove the reference to a standard from publication referred to in paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) In this regulation, a reference to a “product” is a reference to radio equipment to which these Regulations apply.

(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies referred.

(10) Regulations made under paragraph (9) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

ScopeE+W+S

3.—(1) These Regulations apply to radio equipment.

(2) These Regulations do not apply to—

(a)radio equipment which has been placed on the market before the commencement date,

(b)equipment listed in Schedule 1 (radio equipment outside the scope of these Regulations), or

(c)radio equipment exclusively used for activities concerning public security, defence, State security (including the economic well-being of the State) or the activities of the State in the area of criminal law.

(3) Save as provided for in regulation 6(1)(a), radio equipment falling within the scope of these Regulations are not subject to F30... the Electrical Equipment (Safety) Regulations 2016 M5.

(4) Save as provided for in regulation 6(1)(b), radio equipment falling within the scope of these Regulations are not subject to F31... the Electromagnetic Compatibility Regulations 2016 M6.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Marginal Citations

ScopeN.I.

3.—(1) These Regulations apply to radio equipment.

(2) These Regulations do not apply to—

(a)radio equipment which has been placed on the market before the commencement date,

(b)equipment listed in Schedule 1 (radio equipment outside the scope of these Regulations), or

(c)radio equipment exclusively used for activities concerning public security, defence, State security (including the economic well-being of the State) or the activities of the State in the area of criminal law.

(3) Save as provided for in regulation 6(1)(a), radio equipment falling within the scope of these Regulations are not subject to Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits F176 or the Electrical Equipment (Safety) Regulations 2016 F177.

(4) Save as provided for in regulation 6(1)(b), radio equipment falling within the scope of these Regulations are not subject to Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility or the Electromagnetic Compatibility Regulations 2016 F178.

Extent Information

E49This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F176OJ L 96, 29.3.2014, p.357.

Exception for trade fairs and exhibitionsU.K.

4.—(1) Nothing in these Regulations prevents the display, of radio equipment which does not comply with these Regulations, at a trade fair, exhibition or similar event provided that a visible sign clearly indicates that the radio equipment—

(a)is not in conformity with Part 2, and

(b)may not be made available on the market or put into service until it has been brought into conformity with Part 2.

(2) Nothing in these Regulations prevents the demonstration, of radio equipment which does not comply with these Regulations, at a trade fair, exhibition or similar event provided that all reasonable measures have been taken to avoid harmful interference, electromagnetic disturbances and risk to health and safety of persons, domestic animals or property.

Putting into service and useE+W+S

5.—(1) Nothing in these Regulations prevents the putting into service and use of radio equipment in the United Kingdom which is in conformity with these Regulations when the radio equipment is properly installed, maintained and used for its intended purpose.

(2) Nothing in these Regulations prevents the application of additional requirements for the putting into service or use of radio equipment in the United Kingdom for reasons related to—

(a)the effective and efficient use of the radio spectrum,

(b)the avoidance of harmful interference,

(c)the avoidance of electromagnetic disturbances, or

(d)public health.

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Putting into service and useN.I.

5.—(1) Nothing in these Regulations prevents the putting into service and use of radio equipment in [F179Northern Ireland] which is in conformity with these Regulations when the radio equipment is properly installed, maintained and used for its intended purpose.

(2) Nothing in these Regulations prevents the application of additional requirements for the putting into service or use of radio equipment in [F179Northern Ireland] for reasons related to—

(a)the effective and efficient use of the radio spectrum,

(b)the avoidance of harmful interference,

(c)the avoidance of electromagnetic disturbances, or

(d)public health.

Extent Information

E50This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

PART 2 U.K.Obligations of economic operators

CHAPTER 1U.K.General

Essential requirementsE+W+S

6.—(1) Radio equipment must be constructed so as to ensure—

(a)the protection of health and safety of persons and of domestic animals and the protection of property, including the objectives with respect to safety requirements set out in [F32the Electrical Equipment (Safety) Regulations 2016] F33...,

(b)an adequate level of electromagnetic compatibility as set out in [F34the Electromagnetic Compatibility Regulations 2016] F35....

(2) Radio equipment must be constructed so that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Essential requirementsN.I.

6.—(1) Radio equipment must be constructed so as to ensure—

(a)the protection of health and safety of persons and of domestic animals and the protection of property, including the objectives with respect to safety requirements set out in Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (but as if there were no voltage limit),

(b)an adequate level of electromagnetic compatibility as set out in Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility.

(2) Radio equipment must be constructed so that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.

[F180(3) Where paragraph (4) applies, radio equipment must be constructed so that it complies with the requirements of Article 1 of Commission Delegated Regulation (EU) 2019/320 supplementing Directive 2014/53/EU of the European Parliament and of the Council with regard to the application of the essential requirements referred to in Article 3(3)(g) of that Directive in order to ensure caller location in emergency communications from mobile devices.

(4) This paragraph applies to radio equipment in the form of hand-held mobile telephones with features similar to those of a computer in terms of capability to treat and store data.]

Extent Information

E51This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F36Power to specify additional essential requirementsE+W+S

6A.—(1) The Secretary of State may by regulations—

(a)amend regulation 6 to add any of the matters listed in paragraph (2) as additional essential requirements; and

(b)specify that only certain categories or classes of radio equipment are required to meet any additional essential requirements.

(2) The matters that may be added as additional essential requirements are that the—

(a)radio equipment interworks with accessories, in particular with common chargers;

(b)radio equipment interworks via networks with other radio equipment;

(c)radio equipment can be connected to interfaces of the appropriate type throughout the United Kingdom;

(d)radio equipment does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service;

(e)radio equipment incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;

(f)radio equipment supports certain features ensuring protection from fraud;

(g)radio equipment supports certain features ensuring access to emergency services;

(h)radio equipment supports certain features in order to facilitate its use by users with a disability;

(i)radio equipment supports certain features in order to ensure that software can only be loaded into the radio equipment where the compliance of the combination of the radio equipment and software has been demonstrated.

(3) Regulations made under paragraph (1)—

(a)may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and

(b)are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

CHAPTER 2U.K.Manufacturers

Design and manufacture in accordance with essential requirementsU.K.

7.  Before placing radio equipment on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements.

Construction must allow operation [F37without infringement of requirements] E+W+S

8.  Before placing radio equipment on the market, a manufacturer must ensure it has been constructed so that the radio equipment can be operated F38... without causing an infringement of the applicable requirements on the use of the radio spectrum F38....

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Construction must allow operation in at least one [F181relevant] StateN.I.

8.  Before placing radio equipment on the market, a manufacturer must ensure it has been constructed so that the radio equipment can be operated in at least one [F182relevant state] without causing an infringement of the applicable requirements on the use of the radio spectrum in the relevant [F182relevant state] or [F183relevant states].

Extent Information

E52This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Technical documentation and conformity assessmentU.K.

9.  Before placing radio equipment on the market, a manufacturer must—

(a)draw up the relevant technical documentation in accordance with regulation 45 (technical documentation), and

(b)ensure the relevant conformity assessment procedure is carried out.

[F39Declaration] of conformity and [F40UK] markingE+W+S

10.—(1) Where the compliance of radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the radio equipment on the market—

(a)draw up [F41a] declaration of conformity in accordance with regulation 42 [F42(declaration of conformity)], and

(b)affix the [F43UK] marking in accordance with regulation 44 [F44(UK marking)].

(2) The manufacturer must keep the F45... declaration of conformity up to date.

[F46(3) Where radio equipment is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.]

Extent Information

E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

EU declaration of conformity and CE markingN.I.

10.—(1) Where the compliance of radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the radio equipment on the market—

(a)draw up an EU declaration of conformity in accordance with regulation 42 (EU declaration of conformity), and

(b)affix the CE marking in accordance with regulation 44 (CE marking).

(2) The manufacturer must keep the EU declaration of conformity up to date.

(3) Where radio equipment is subject to more than one [F184NI Protocol obligation] requiring an EU declaration of conformity to be drawn up, the manufacturer must draw up a single EU declaration of conformity which—

(a)meets the requirements of all of the EU instruments concerned,

(b)identifies the EU instruments, and

(c)includes references to the publication of those EU instruments in the Official Journal.

Extent Information

E53This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Retention of technical documentation and F47... declaration of conformityE+W+S

11.  A manufacturer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, keep and, upon request, make available to an enforcing authority the following in relation to radio equipment—

(a)a copy of the F48... declaration of conformity, and

(b)the technical documentation.

Extent Information

E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Retention of technical documentation and EU declaration of conformityN.I.

11.  A manufacturer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, keep and, upon request, make available to an enforcing authority the following in relation to radio equipment—

(a)a copy of the EU declaration of conformity, and

(b)the technical documentation.

Extent Information

E54This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Identification of the radio equipment and manufacturerE+W+S

12.—(1) Before placing radio equipment on the market, a manufacturer must ensure that the radio equipment bears—

(a)a type, batch or serial number, or

(b)another element which allows the radio equipment to be identified.

(2) Before placing radio equipment on the market, a manufacturer must indicate on the radio equipment—

(a)the name, registered trade name or registered trade mark of the manufacturer,

(b)a postal address at which the manufacturer can be contacted.

(3) The information specified in paragraph (2) must be in a language which can be easily understood by end-users and the [F49enforcing authority].

(4) Where the size or nature of the radio equipment prohibits a manufacturer from complying with the requirement in paragraph (1) or paragraph (2), the manufacturer must provide the required information either on the radio equipment's packaging or in a document which accompanies the radio equipment.

(5) The manufacturer's postal address must indicate a single point at which the manufacturer can be contacted.

Extent Information

E8This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Identification of the radio equipment and manufacturerN.I.

12.—(1) Before placing radio equipment on the market, a manufacturer must ensure that the radio equipment bears—

(a)a type, batch or serial number, or

(b)another element which allows the radio equipment to be identified.

(2) Before placing radio equipment on the market, a manufacturer must indicate on the radio equipment—

(a)the name, registered trade name or registered trade mark of the manufacturer,

(b)a postal address at which the manufacturer can be contacted.

(3) The information specified in paragraph (2) must be in a language which can be easily understood by end-users and the competent national authority in the [F185relevant state] in which it is to be made available to such end-users.

(4) Where the size or nature of the radio equipment prohibits a manufacturer from complying with the requirement in paragraph (1) or paragraph (2), the manufacturer must provide the required information either on the radio equipment's packaging or in a document which accompanies the radio equipment.

(5) The manufacturer's postal address must indicate a single point at which the manufacturer can be contacted.

Extent Information

E55This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Instructions and information to be included with the radio equipmentE+W+S

13.—(1) When placing radio equipment on the market, a manufacturer must ensure that radio equipment is accompanied with instructions and safety information which—

[F50(a)are clear, legible and in easily understandable English,]

(b)include information required to use the radio equipment in accordance with its intended use, [F51and]

(c)include a description of accessories and components, including software, which allow the radio equipment to operate as intended [F52.]

F53(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the case of radio equipment which can intentionally emit radio waves, the manufacturer must also include information about—

(a)the frequency band or bands in which the radio equipment can operate, and

(b)the maximum radio-frequency power transmitted in the frequency band or bands in which the radio equipment operates.

(3) When placing radio equipment on the market, a manufacturer must ensure that each item of radio equipment is accompanied by either a copy of the F54... declaration of conformity or a simplified F54... declaration of conformity drawn up in accordance with regulation 43 (simplified F54... declaration of conformity).

F55(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E9This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Instructions and information to be included with the radio equipmentN.I.

13.—(1) When placing radio equipment on the market, a manufacturer must ensure that radio equipment is accompanied with instructions and safety information which—

(a)are in a language which can be easily understood by consumers and other end-users in the [F186relevant state] in which the radio equipment is to be made available to such consumers and other end-users,

(b)include information required to use the radio equipment in accordance with its intended use,

(c)include a description of accessories and components, including software, which allow the radio equipment to operate as intended, and

(d)are clear and understandable.

(2) In the case of radio equipment which can intentionally emit radio waves, the manufacturer must also include information about—

(a)the frequency band or bands in which the radio equipment can operate, and

(b)the maximum radio-frequency power transmitted in the frequency band or bands in which the radio equipment operates.

(3) When placing radio equipment on the market, a manufacturer must ensure that each item of radio equipment is accompanied by either a copy of the EU declaration of conformity or a simplified EU declaration of conformity drawn up in accordance with regulation 43 (simplified EU declaration of conformity).

(4) Where the radio equipment is to be made available to consumers and other end-users in [F187Northern Ireland], the language which can be easily understood is English.

Extent Information

E56This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Information to be included where there are restrictions on putting into service or requirements for authorisation of useE+W+S

14.—[F56(1) Where there are restrictions on putting into service or requirements for authorisation of use in the United Kingdom in respect of the radio equipment, a manufacturer must present information which identifies the types of restrictions on putting into service or requirements for authorisation of use that apply.]

(2) The information referred to in paragraph (1) must—

(a)be completed in the instructions required by regulation 13,

(b)F57... be presented in the manner and form specified in [F58the] Implementing Regulation F59....

F60(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E10This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Information to be included where there are restrictions on putting into service or requirements for authorisation of useN.I.

14.—(1) Where there are restrictions on putting into service or requirements for authorisation of use, a manufacturer must include information on the packaging of the radio equipment which identifies the [F188relevant states] and the geographical area within a [F189relevant state] where the restrictions on putting into service or the requirements for authorisation of use exist.

(2) The information referred to in paragraph (1) must—

(a)be completed in the instructions required by regulation 13,

(b)subject to paragraph [F190(2A) or] (3), be presented in the manner and form specified in Commission Implementing Regulation specifying how to present the information provided for in Article 10(10) of Directive 2104/53/EU of the European Parliament and the Council (EU) 2017/1354 F191.

[F192(2A) The identification of the United Kingdom in respect of Northern Ireland must be indicated by the abbreviation “UK(NI)”.]

(3) Paragraph (2)(b) of this Regulation applies to radio equipment placed on the market or after 8th August 2018.

Extent Information

E57This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F191OJ L190/7 21.7.2017.

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformityE+W+S

15.—(1) A manufacturer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2, if appropriate, must immediately take the corrective measures necessary to—

(a)bring the radio equipment into conformity,

(b)withdraw the radio equipment, or

(c)recall the radio equipment.

(2) Where the radio equipment presents a risk, the manufacturer must immediately inform the market surveillance authority F61... of the risk, giving details of—

(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b)any corrective measures taken and the results of those measures.

Extent Information

E11This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformityN.I.

15.—(1) A manufacturer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2, if appropriate, must immediately take the corrective measures necessary to—

(a)bring the radio equipment into conformity,

(b)withdraw the radio equipment, or

(c)recall the radio equipment.

(2) Where the radio equipment presents a risk, the manufacturer must immediately inform the market surveillance authority, and the competent national authorities of any other [F193relevant state] in which the manufacturer made the radio equipment available on the market, of the risk, giving details of—

(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b)any corrective measures taken and the results of those measures.

Extent Information

E58This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Provision of information and cooperationE+W+S

16.—[F62(1) Following a request from the enforcing authority, the manufacturer must, within such reasonable period as the authority may specify, provide the authority concerned with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.]

(2) A request referred to in paragraph (1)—

(a)is one that was made during the period of 10 years beginning on the day that the manufacturer places the radio equipment on the market, and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a)may be provided in electronic form, and

(b)must be in a language which can be easily understood by the authority concerned.

(4) A manufacturer must, at the request of the authority concerned, cooperate with that authority on any action taken to—

(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

(b)eliminate the risks posed by radio equipment which the manufacturer has placed on the market.

Extent Information

E12This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Provision of information and cooperationN.I.

16.—(1) Further to a request from—

(a)an enforcing authority, where radio equipment has been placed by a manufacturer on the market in the United Kingdom, or

(b)a competent national authority, where the radio equipment has been placed by a manufacturer on the market in another [F194relevant state],

the manufacturer must, within such reasonable period as the authority may specify, provide the authority concerned with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)is one that was made during the period of 10 years beginning on the day that the manufacturer places the radio equipment on the market, and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a)may be provided in electronic form, and

(b)must be in a language which can be easily understood by the authority concerned.

(4) A manufacturer must, at the request of the authority concerned, cooperate with that authority on any action taken to—

(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

(b)eliminate the risks posed by radio equipment which the manufacturer has placed on the market.

Extent Information

E59This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Compliance procedures for series productionE+W+S

17.—(1) A manufacturer must ensure, before placing radio equipment on the market, that procedures are in place to ensure that series production remains in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a)any change in radio equipment design or characteristics, and

(b)any change in a [F63designated] standard or in another technical specification by reference to which the F64... declaration of conformity was drawn up.

Extent Information

E13This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Compliance procedures for series productionN.I.

17.—(1) A manufacturer must ensure, before placing radio equipment on the market, that procedures are in place to ensure that series production remains in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a)any change in radio equipment design or characteristics, and

(b)any change in a harmonised standard or in another technical specification by reference to which the EU declaration of conformity was drawn up.

Extent Information

E60This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

MonitoringU.K.

18.—(1) When appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, a manufacturer must—

(a)carry out sample testing of radio equipment manufactured by it which has been made available on the market,

(b)investigate complaints that radio equipment manufactured by it is not in conformity with Part 2,

(c)keep a register of—

(i)complaints that radio equipment is not in conformity with Part 2,

(ii)radio equipment which is not in conformity with Part 2, and

(iii)radio equipment recalls, and

(d)keep distributors informed of any monitoring carried out under this regulation.

(2) A manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

[F65Provision of information on compliance of combinations of radio equipment and softwareE+W+S

18A.—(1) In this regulation “product” means a combination of radio equipment and software allowing such radio equipment to be used as intended.

(2) The Secretary of State may by regulations make provision requiring a manufacturer of a product to provide the Secretary of State with information on the compliance of the product with the essential requirements.

(3) Regulations under paragraph (2) may—

(a)specify categories or classes of product for which a manufacturer must provide information on compliance;

(b)include requirements as to—

(i)the identification of the radio equipment and software intended to be used in combination;

(ii)the results of conformity assessment carried out in accordance with regulation 41(conformity assessment procedures);

(iii)the form the information must take;

(c)make provision for the information on compliance to be made available to the enforcing authorities; and

(d)make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.

(4) Regulations made under paragraph (2) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

[F65Power to amend R14(2)(b) and specify how information is to be presentedE+W+S

18B.—(1) In this regulation “product” means radio equipment types that fall within categories of radio equipment affected by a low level of compliance with the essential requirements.

(2) The Secretary of State may by regulations make provision requiring a manufacturer, before placing a product on the market, to—

(a)register information on compliance with the essential requirements; and

(b)affix to the product a registration number allocated by the Secretary of State.

(3) Regulations made under paragraph (2) may specify—

(a)the categories or classes of product in respect of which the manufacturer must register information;

(b)that some or, where the Secretary of State considers necessary, all of the technical documentation listed in Schedule 5 must be registered;

(c)that when setting out a registration process the Secretary of State must take the following matters into account—

(i)whether the process includes a central system of registration by manufacturers;

(ii)whether the process ensures appropriate control of access to information of a confidential nature; and

(iii)whether the process allocates a registration number to each registered radio equipment type.

(4) Regulations made under paragraph (2)—

(a)may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and

(b)are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

[F65Power to require registration of radio equipmentE+W+S

18C.—(1) The Secretary of State may by regulations—

(a)amend regulation 14(2)(b);

(b)amend the Implementing Regulation;

(c)make provision specifying the manner and form in which information concerning any restrictions or putting into service or requirements for authorisation of use must be presented.

(2) Regulations made under paragraph (1)—

(a)may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and

(b)are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

Authorised representativesE+W+S

19.—(1) A manufacturer may, by written mandate, appoint a person established [F66in the United Kingdom] as their authorised representative to perform specified tasks on that manufacturer's behalf.

(2) The authorised representative must perform the tasks specified in the mandate.

(3) The mandate must allow the authorised representative to do at least the following—

(a)perform the manufacturer's obligations under regulation 11 (retention of technical documentation and F67... declaration of conformity),

(b)perform the manufacturer's obligations under regulation 16 (provision of information and cooperation).

(4) The mandate must not include the obligations contained in—

(a)regulation 7 (design and manufacture in accordance with essential requirements),

(b)regulation 9 (technical documentation and conformity assessment), or

(c)regulation 10 (F68... declaration of conformity and [F69UK] marking).

(5) An authorised representative must comply with all the obligations imposed on the manufacturer by these Regulations which relate to the tasks that the authorised representative is appointed by the manufacturer to perform and, accordingly—

(a)as far as those obligations are concerned, references in these Regulations to the manufacturer are to be taken as including a reference to the authorised representative, and

(b)if the authorised representative contravenes or fails to comply with any of those obligations, the authorised representative may be proceeded against as though the authorised representative was the manufacturer.

(6) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, an obligation under these Regulations remains responsible for the proper performance of that obligation.

Extent Information

E14This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Authorised representativesN.I.

19.—(1) A manufacturer may, by written mandate, appoint a person established within the [F195relevant market] as their authorised representative to perform specified tasks on that manufacturer's behalf.

(2) The authorised representative must perform the tasks specified in the mandate.

(3) The mandate must allow the authorised representative to do at least the following—

(a)perform the manufacturer's obligations under regulation 11 (retention of technical documentation and EU declaration of conformity),

(b)perform the manufacturer's obligations under regulation 16 (provision of information and cooperation).

(4) The mandate must not include the obligations contained in—

(a)regulation 7 (design and manufacture in accordance with essential requirements),

(b)regulation 9 (technical documentation and conformity assessment), or

F196(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An authorised representative must comply with all the obligations imposed on the manufacturer by these Regulations which relate to the tasks that the authorised representative is appointed by the manufacturer to perform and, accordingly—

(a)as far as those obligations are concerned, references in these Regulations to the manufacturer are to be taken as including a reference to the authorised representative, and

(b)if the authorised representative contravenes or fails to comply with any of those obligations, the authorised representative may be proceeded against as though the authorised representative was the manufacturer.

(6) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, an obligation under these Regulations remains responsible for the proper performance of that obligation.

Extent Information

E61This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

CHAPTER 3U.K.Importers

Prohibition on placing on the market radio equipment which is not in conformityU.K.

20.  An importer must not place radio equipment on the market unless it is in conformity with the essential requirements.

Requirements which must be satisfied before an importer places radio equipment on the marketE+W+S

21.  Before placing radio equipment on the market, an importer must ensure that—

(a)a relevant conformity assessment has been carried out by the manufacturer,

(b)that the radio equipment has been constructed so that it can be operated F70... without causing an infringement of the applicable requirements on the use of the radio spectrumF70...,

(c)the manufacturer has drawn up the technical documentation,

(d)the radio equipment—

(i)bears the [F71UK] marking, and

(ii)is accompanied by the information and documents referred to in regulations 13 (instructions and information to be included with the radio equipment) and 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use),

(e)the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer).

Extent Information

E15This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Requirements which must be satisfied before an importer places radio equipment on the marketN.I.

21.  Before placing radio equipment on the market, an importer must ensure that—

(a)a relevant conformity assessment has been carried out by the manufacturer,

(b)that the radio equipment has been constructed so that it can be operated in at least one [F197relevant state] without causing an infringement of the applicable requirements on the use of the radio spectrum in the relevant [F197relevant state] or [F198relevant states],

(c)the manufacturer has drawn up the technical documentation,

(d)the radio equipment—

(i)bears the CE marking, and

(ii)is accompanied by the information and documents referred to in regulations 13 (instructions and information to be included with the radio equipment) and 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use),

(e)the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer).

Extent Information

E62This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Prohibition on placing on the market radio equipment considered not to be in conformity with the essential requirementsU.K.

22.—(1) Where an importer considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the importer must not place the radio equipment on the market.

(2) Where the radio equipment presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importerE+W+S

23.—(1) Before placing radio equipment on the market, an importer must indicate on the radio equipment—

(a)the name, registered trade name or registered trade mark of the importer, and

(b)a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the [F72enforcement authority].

[F73(3) Paragraph (1) does not apply where—

(a)either—

(i)it is not possible to set out the information referred to in paragraph (1) on the radio equipment, or

(ii)the importer has imported the radio equipment from an EEA state or Switzerland and places it on the market within the period of [F74seven years] beginning with IP completion day, and

(b)before placing the radio equipment on the market, the importer sets out the information referred to in paragraph (1)-

(i)on the packaging; or

(ii)in a document accompanying the radio equipment.]

Extent Information

E16This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Modifications etc. (not altering text)

Information identifying importerN.I.

23.—(1) Before placing radio equipment on the market, an importer must indicate on the radio equipment—

(a)the name, registered trade name or registered trade mark of the importer, and

(b)a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [F199relevant state] in which it is to be made available to such end-users.

(3) Where it is not possible to indicate the information specified in paragraph (1) on the radio equipment, the importer must indicate that information—

(a)on the packaging, or

(b)in a document accompanying the radio equipment.

Extent Information

E63This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Modifications etc. (not altering text)

Instructions and safety informationE+W+S

24.—(1) When placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information [F75that are clear, legible and in easily understandable English].

F76(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E17This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Instructions and safety informationN.I.

24.—(1) When placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F200relevant state] in which the radio equipment is to be made available to such consumers and other end-users.

(2) Where the radio equipment is being made available to consumers and other end-users in [F201Northern Ireland], the language which can be easily understood by consumers and other end-users is English.

Extent Information

E64This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Storage and transportU.K.

25.  Where an importer has responsibility for radio equipment, the importer must ensure that the conditions under which the radio equipment is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements.

MonitoringU.K.

26.—(1) When appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, an importer must—

(a)carry out sample testing of radio equipment made available by the importer on the market,

(b)investigate complaints that radio equipment made available on the market by the importer is not in conformity with Part 2,

(c)keep a register of—

(i)complaints that radio equipment is not in conformity with Part 2,

(ii)radio equipment which is not in conformity with Part 2, and

(iii)radio equipment recalls, and

(d)keep distributors informed of any monitoring carried out under this regulation.

(2) An importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformityE+W+S

27.—(1) An importer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a)bring the radio equipment into conformity,

(b)withdraw the radio equipment, or

(c)recall the radio equipment.

(2) Where the radio equipment presents a risk, the importer must immediately inform the market surveillance authority F77... of the risk, giving details of—

(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b)any corrective measures taken.

Extent Information

E18This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformityN.I.

27.—(1) An importer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a)bring the radio equipment into conformity,

(b)withdraw the radio equipment, or

(c)recall the radio equipment.

(2) Where the radio equipment presents a risk, the importer must immediately inform the market surveillance authority, and the competent national authorities of any other [F202relevant state] in which the importer made the radio equipment available on the market, of the risk, giving details of—

(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b)any corrective measures taken.

Extent Information

E65This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Retention of technical documentation and F78... declaration of conformityE+W+S

28.  An importer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, upon request, make available to an enforcing authority the following in relation to radio equipment—

(a)a copy of the F79... declaration of conformity, and

(b)the technical documentation.

Extent Information

E19This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Retention of technical documentation and EU declaration of conformityN.I.

28.  An importer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, upon request, make available to an enforcing authority the following in relation to radio equipment—

(a)a copy of the EU declaration of conformity, and

(b)the technical documentation.

Extent Information

E66This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Provision of information and cooperationE+W+S

29.—(1) Further to a reasoned request from an enforcing authority F80..., an importer, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)may only be made during the period of 10 years beginning on the day that the importer places the radio equipment on the market, and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a)may be provided in electronic form, and

(b)must be in a language which can be easily understood by the [F81enforcing authority].

(4) An importer must, at the request of the enforcing authority or the competent national authority, cooperate with the authority on any action taken to—

(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

(b)eliminate the risks posed by radio equipment which the importer has placed on the market.

Extent Information

E20This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Provision of information and cooperationN.I.

29.—(1) Further to a reasoned request from an enforcing authority or a competent national authority of another [F203relevant state], an importer, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)may only be made during the period of 10 years beginning on the day that the importer places the radio equipment on the market, and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a)may be provided in electronic form, and

(b)must be in a language which can be easily understood by the authority concerned.

(4) An importer must, at the request of the enforcing authority or the competent national authority, cooperate with the authority on any action taken to—

(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

(b)eliminate the risks posed by radio equipment which the importer has placed on the market.

Extent Information

E67This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

CHAPTER 4U.K.Distributors

Duty to act with due careU.K.

30.  When making radio equipment available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Requirements which must be satisfied before a distributor makes radio equipment available on the marketE+W+S

31.—(1) Before making radio equipment available on the market, the distributor must verify that—

(a)the radio equipment—

(i)bears the [F82UK] marking,

(ii)is accompanied by the required documents,

(iii)is accompanied by instructions and safety information [F83which are clear, legible and in easily understandable English],

(b)the manufacturer has complied with the requirements set out in—

(i)regulation 8 (construction must allow operation [F84without infringement of requirements]),

(ii)regulation 12 (identification of the radio equipment and manufacturer),

(iii)regulation 13 (instructions and information to be included with the radio equipment),

(iv)regulation 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use), and

(c)the importer has complied with the requirements set out in regulation 23 (information identifying importer).

F85(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraph (1)(a)(ii), “required documents” means any documents that are required to be provided pursuant to regulations 12(4), 14 and 23(3).

Extent Information

E21This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Requirements which must be satisfied before a distributor makes radio equipment available on the marketN.I.

31.—(1) Before making radio equipment available on the market, the distributor must verify that—

(a)the radio equipment—

(i)bears the CE marking,

(ii)is accompanied by the required documents,

(iii)is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F204relevant state] in which the radio equipment is to be made available on the market,

(b)the manufacturer has complied with the requirements set out in—

(i)regulation 8 (construction must allow operation in at least one [F204relevant state]),

(ii)regulation 12 (identification of the radio equipment and manufacturer),

(iii)regulation 13 (instructions and information to be included with the radio equipment),

(iv)regulation 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use), and

(c)the importer has complied with the requirements set out in regulation 23 (information identifying importer).

(2) Where the radio equipment is to be made available to consumers and other end-users in [F205Northern Ireland], the language which can easily be understood is English.

(3) In paragraph (1)(a)(ii), “required documents” means any documents that are required to be provided pursuant to regulations 12(4), 14 and 23(3).

Extent Information

E68This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Prohibition on making available on the market where radio equipment not considered to be in conformity with the essential requirementsU.K.

32.—(1) Where a distributor considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the distributor must not make the radio equipment available on the market.

(2) Where the radio equipment presents a risk, the distributor must inform the following persons of the risk—

(a)the manufacturer or, where appropriate, the importer, and

(b)the market surveillance authority.

Storage and transportU.K.

33.  Where a distributor has responsibility for radio equipment, the distributor must ensure that the conditions under which it is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements.

Duty to take action in respect of radio equipment made available on the market which is not in conformityE+W+S

34.—(1) A distributor who considers, or has reason to believe, that radio equipment which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken to—

(a)bring that radio equipment into conformity,

(b)withdraw the radio equipment, or

(c)recall the radio equipment.

(2) Where the radio equipment presents a risk, the distributor must immediately inform the market surveillance authority F86... of that risk, giving details of—

(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b)any corrective measures taken.

Extent Information

E22This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Duty to take action in respect of radio equipment made available on the market which is not in conformityN.I.

34.—(1) A distributor who considers, or has reason to believe, that radio equipment which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken to—

(a)bring that radio equipment into conformity,

(b)withdraw the radio equipment, or

(c)recall the radio equipment.

(2) Where the radio equipment presents a risk, the distributor must immediately inform the market surveillance authority, and the competent national authorities of the other [F206relevant states] in which the distributor has made the radio equipment available on the market, of that risk, giving details of—

(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b)any corrective measures taken.

Extent Information

E69This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Provision of information and cooperationE+W+S

35.—(1) Further to a reasoned request from an enforcing authority F87..., a distributor, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)may only be made during the period of 10 years beginning on the day on which the radio equipment was made available on the market, and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a)may be provided in electronic form, and

(b)must be in a language which can be easily understood by the [F88enforcing authority].

(4) A distributor must, at the request of the enforcing authority or F89..., cooperate with the authority on any action taken to—

(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and

(b)eliminate the risks posed by radio equipment which the distributor has made available on the market.

Extent Information

E23This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Provision of information and cooperationN.I.

35.—(1) Further to a reasoned request from an enforcing authority or a competent national authority of another [F207relevant state], a distributor, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)may only be made during the period of 10 years beginning on the day on which the radio equipment was made available on the market, and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a)may be provided in electronic form, and

(b)must be in a language which can be easily understood by the authority concerned.

(4) A distributor must, at the request of the enforcing authority or a competent national authority of another [F207relevant state], cooperate with the authority on any action taken to—

(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and

(b)eliminate the risks posed by radio equipment which the distributor has made available on the market.

Extent Information

E70This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

CHAPTER 5U.K.Importers and distributors

Cases in which obligations of manufacturers apply to importers and distributorsU.K.

36.  An economic operator (“A”) who would, but for this regulation, be considered an importer or distributor, is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under Part 2, where A—

(a)places radio equipment on the market under A's own name or trademark, or

(b)modifies radio equipment already placed on the market in such a way that it may affect whether the radio equipment is in conformity with Part 2.

[F90Obligations which are met by complying with obligations in the DirectiveE+W+S

36A.—(1) In this regulation—

(a)any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b)“CE marking” has the meaning given to it in Article 2(26);

(c)“harmonised standard” has the meaning given to it in Article 2(18).

(2) Subject to paragraphs (6) and (7), paragraph (3) applies where, before placing radio equipment on the market, the manufacturer—

(a)ensures that the radio equipment has been designed and manufactured in accordance with the essential safety requirements set out in Article 3;

(b)ensures that the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 of the Directive has been carried out;

(c)affixes a CE marking and where the conformity assessment procedure set out in Annex IV is applied, the notified body identification number, in accordance with Articles 19 and 20(1) to (3);

(d)draws up the technical documentation in accordance with Article 21;

(e)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(f)draws up an EU declaration of conformity, in accordance with Article 18; and

(g)ensures that the EU declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a)the requirements of regulations 7, 9, 10(1) and (3) are to be treated as being satisfied;

(b)regulations 2(2)(a), 10(2), 11, 19(3) and 39 apply subject to the modifications in paragraph (8);

(c)Part 3 does not apply; and

(d)regulation 63 does not apply.

(4) Subject to paragraphs (6) and (7) paragraph (5) applies where, before placing radio equipment on the market, the importer ensures that—

(a)the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 has been carried out;

(b)the manufacturer has drawn up the technical documentation referred to in Annex V; and

(c)the radio equipment bears the CE marking referred to Article 19.

(5) Where this paragraph applies—

(a)the requirements of regulation 21(a) to (d) are to be treated as being satisfied; and

(b)regulations 2(2)(a), 22(1), 25 and 28 apply subject to the modifications in paragraph (10).

(6) This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard as referred to in Article [F9117].

(7) Where paragraph (6) applies paragraphs (2)(b) and (4)(a) are to be treated as requiring the manufacturer to have carried out—

(a)one of the conformity assessment procedures in Article 17(1) with respect to the essential requirements set out in Article 3(1); and

(b)the conformity assessment procedure in Article 17(4) with respect to the essential requirements set out in Article 3(2) and (3).

(8) Paragraph (9) applies where, before making radio equipment available on the market, a distributor ensures that the radio equipment bears the CE marking referred to in Article 19.

(9) Where this paragraph applies—

(a)regulation 31(a)(i) is satisfied; and

(b)regulations 32(1) and 33 apply subject to the modifications in paragraph (10).

(10) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (8)(b) are that—

(a)any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b)any reference to “UK marking” is to be read as a reference to the CE marking;

(c)any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements set out in Article 3;

(d)any reference to “designated standard” is to be read as a reference to a harmonised standard within the meaning of Article 2(18);

(e)any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the radio equipment in accordance with Article 17;

(f)any reference to “technical documentation” is a reference to the technical documentation referred to in Annex V.]

Textual Amendments

[F90[F92Further use of UK markingE+W+S

36B.—(1) In this regulation—

(a)any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b)“harmonised standard” has the meaning given to it in Article 2(18).

(2) Subject to paragraphs (4) and (5), paragraph (3) applies where, before placing radio equipment on the market, the manufacturer—

(a)ensures that the radio equipment has been designed and manufactured in accordance with the essential requirements set out in Article 3;

(b)ensures that the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 has been carried out;

(c)draws up the technical documentation in accordance with Article 21; and

(d)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.

(3) Where this paragraph applies—

(a)regulations 7, 9 and 45 are to be treated as being satisfied;

(b)except for regulations 42, 43 and 44(1) to (3), Part 3 does not apply;

(c)regulations 2(2)(a), 11, 17, 20, 21(a) and (c), 22, 25, 28, 32, 33, 39, 42, 44 and 63 apply subject to the modifications in paragraph (6);

(d)regulation 10 and Schedule 6 apply subject to the modifications in paragraphs (6) and (7);

(e)Schedule 7 applies subject to the modification in paragraph (7).

(4) This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 17.

(5) Where paragraph (4) applies, paragraph (2)(b) is to be treated as requiring the manufacturer, when assessing the compliance with the essential requirements set out in Article 3(2) and (3), to ensure either of the conformity assessment procedures set out in Article 17(4) is carried out.

(6) The modifications referred to in paragraph (3)(c) and (d) are that—

(a)any reference to the “essential requirements” is to be read as a reference to the essential requirements set out in Article 3;

(b)any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c)any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to that radio equipment in accordance with Article 17;

(d)any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex V.

(7) The modifications referred to in paragraph (3)(d) and (e) are that—

(a)in regulation 10 the references to “enactment” are to be read as including the Directive;

(b)in Schedule 6 any reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Article 17;

(c)in Schedules 6 and 7 the references to “relevant statutory requirements” are to be read as including the Directive.]]

Textual Amendments

[F90Qualifying Northern Ireland GoodsE+W+S

36C.—(1) Where paragraph (2) applies radio equipment is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a)radio equipment—

(i)is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii)is qualifying Northern Ireland goods; and

(b)an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the product on the market, the importer—

(a)complies with regulation 23;

(b)ensures that—

(i)the relevant conformity assessment procedure has been carried out in relation to the product;

(ii)the manufacturer has drawn up the technical documentation; and

(iii)the product bears the CE marking;

(4) In this regulation—

“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

“relevant conformity assessment procedure” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.]

Textual Amendments

CHAPTER 6U.K.All economic operators

Translation of declaration of conformityU.K.

[F9337.—(1) Before placing radio equipment on the market or making radio equipment available on the market, an economic operator must ensure that the EU declaration of conformity and, where appropriate, the simplified EU declaration of conformity is prepared in, or translated into, the language required by the [F94relevant state] in which it is to be placed on the market or made available on the market.

(2) Where the radio equipment is to be placed on the market or made available on the market in [F95Northern Ireland], the language required is English.]

Textual Amendments

Identification of economic operatorsU.K.

38.—(1) An economic operator (“E”), who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a)any economic operator who has supplied E with radio equipment, and

(b)any economic operator to whom E has supplied radio equipment.

(2) The relevant period is—

(a)for information under paragraph (1)(a), 10 years beginning on the day on which E was supplied with the radio equipment,

(b)for information under paragraph (1)(b), 10 years beginning on the day on which E supplied the radio equipment.

Prohibition on improper use of [F96UK] markingE+W+S

39.—(1) An economic operator must not affix the [F97UK] marking to radio equipment unless—

(a)that economic operator is the manufacturer, and

(b)the conformity of the radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix to radio equipment a marking other than the [F97UK] marking which purports to attest that the radio equipment is in conformity with the essential requirements.

(3) An economic operator must not affix to radio equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the [F97UK] marking.

(4) An economic operator must not affix to radio equipment any other marking if the visibility, legibility and meaning of the [F97UK] marking would be impaired as a result.

Extent Information

E24This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Prohibition on improper use of CE markingN.I.

39.—(1) An economic operator must not affix the CE marking to radio equipment unless—

(a)that economic operator is the manufacturer, and

(b)the conformity of the radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix to radio equipment a marking other than the CE marking which purports to attest that the radio equipment is in conformity with the essential requirements.

(3) An economic operator must not affix to radio equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.

(4) An economic operator must not affix to radio equipment any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.

Extent Information

E71This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

PART 3U.K.Conformity assessment

Presumption of conformityE+W+S

40.—(1) Radio equipment which is in conformity with a [F98designated] standard (or part of such a standard), F99... must be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E25This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Presumption of conformityN.I.

40.—(1) Radio equipment which is in conformity with a harmonised standard (or part of such a standard), the reference to which has been published in the Official Journal, must be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E72This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Conformity assessment proceduresE+W+S

41.—(1) The manufacturer must perform a conformity assessment of the radio equipment, in all its possible configurations, with a view to meeting the essential requirements.

(2) The conformity assessment must take into account all intended operating conditions.

(3) In relation to the assessment of compliance with regulation 6(1)(a), the conformity assessment must also take into account all reasonably foreseeable conditions.

(4) In relation to the assessment of compliance with regulation 6(1)(a) or (b), one of the following procedures must be used—

(a)internal production control set out in Schedule 2 (conformity assessment module A),

(b)F100...type examination that is followed by the conformity to type based on internal production control set out in Schedule 3 (conformity assessment modules B and C),

(c)conformity based on full quality assurance set out in Schedule 4 (conformity assessment module H).

(5) In relation to the assessment of compliance with regulation 6(2), where the manufacturer has applied [F101designated] standards, F102... the manufacturer must use one of the procedures in paragraph (4) for the conformity assessment.

(6) In relation to the assessment of compliance with regulation 6(2), where the manufacturer has not applied or has only partly applied [F103designated] standards, F104... or where [F103designated] standards do not exist, the manufacturer must use the procedure in either paragraph (4)(b) or paragraph (4)(c).

Extent Information

E26This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Conformity assessment proceduresN.I.

41.—(1) The manufacturer must perform a conformity assessment of the radio equipment, in all its possible configurations, with a view to meeting the essential requirements.

(2) The conformity assessment must take into account all intended operating conditions.

(3) In relation to the assessment of compliance with regulation 6(1)(a), the conformity assessment must also take into account all reasonably foreseeable conditions.

(4) In relation to the assessment of compliance with regulation 6(1)(a) or (b), one of the following procedures must be used—

(a)internal production control set out in Schedule 2 (conformity assessment module A),

(b)EU-type examination that is followed by the conformity to type based on internal production control set out in Schedule 3 (conformity assessment modules B and C),

(c)conformity based on full quality assurance set out in Schedule 4 (conformity assessment module H).

(5) In relation to the assessment of compliance with regulation 6(2) [F208or (3)], where the manufacturer has applied harmonised standards, the references of which have been published in the Official Journal, the manufacturer must use one of the procedures in paragraph (4) for the conformity assessment.

(6) In relation to the assessment of compliance with regulation 6(2) [F209or (3)], where the manufacturer has not applied or has only partly applied harmonised standards, the references of which have been published in the Official Journal, or where harmonised standards do not exist, the manufacturer must use the procedure in either paragraph (4)(b) or paragraph (4)(c).

Extent Information

E73This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F105Declaration] of conformityE+W+S

42.  The F106... declaration of conformity for radio equipment must—

(a)state that the fulfilment of the essential requirements has been demonstrated in respect of that radio equipment,

(b)contain the elements specified and have the model structure set out in Schedule 6 (F107... declaration of conformity) for the relevant conformity assessment procedure followed in respect of that radio equipment.

Extent Information

E27This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

EU declaration of conformityN.I.

42.  The EU declaration of conformity for radio equipment must—

(a)state that the fulfilment of the essential requirements has been demonstrated in respect of that radio equipment,

(b)contain the elements specified and have the model structure set out in Schedule 6 (EU declaration of conformity) for the relevant conformity assessment procedure followed in respect of that radio equipment.

Extent Information

E74This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Simplified F108... declaration of conformityE+W+S

43.—(1) Where only a simplified F109... declaration of conformity is provided pursuant to regulation 13(3), it must contain the elements specified and have the model structure set out in Schedule 7 (simplified F109... declaration of conformity).

(2) The full text of the F109... declaration of conformity must be made available at the internet address referred to in the simplified F109... declaration of conformity.

Extent Information

E28This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Simplified EU declaration of conformityN.I.

43.—(1) Where only a simplified EU declaration of conformity is provided pursuant to regulation 13(3), it must contain the elements specified and have the model structure set out in Schedule 7 (simplified EU declaration of conformity).

(2) The full text of the EU declaration of conformity must be made available at the internet address referred to in the simplified EU declaration of conformity.

Extent Information

E75This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F110UK] markingE+W+S

44.—[F111(1) The UK marking must be affixed visibly, legibly and indelibly—

(a)to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the radio equipment; or

(b)where paragraph (1A) applies—

(i)to a label affixed to the radio equipment or its data plate; or

(ii)to a document accompanying the radio equipment.]

[F112(1A) For a period of [F113seven years] beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the radio equipment or its data plate; or

(b)a document accompanying the radio equipment.]

[F114(2) The UK marking must be affixed visibly and legibly—

(a)to the radio equipment packaging; or

(b)where paragraph (2A) applies—

(i)to a label affixed to the radio equipment packaging; or

(ii)a document accompanying the radio equipment packaging.]

[F115(2A) For a period of [F116seven years] beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the radio equipment packaging; or

(b)a document accompanying the radio equipment packaging.]

(3) On account of the nature of the radio equipment, the height of the [F117UK] marking affixed to radio equipment may be lower than 5 mm, provided that the marking remains visible and legible.

(4) When the conformity assessment procedure in Schedule 4 (conformity assessment module H) has been applied, the [F117UK] marking must be followed by the identification number of the [F118approved body] which carried out the relevant conformity assessment procedure for the radio equipment.

(5) The identification number in paragraph (4) must have the same height as the [F117UK] marking and be affixed—

(a)by the [F118approved body] itself, or

(b)under the instructions of the [F118approved body], by the manufacturer or the manufacturer's authorised representative.

Extent Information

E29This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

CE markingN.I.

44.—(1) The CE marking must be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of the radio equipment.

(2) The CE marking must be affixed visibly and legibly to the radio equipment packaging.

(3) On account of the nature of the radio equipment, the height of the CE marking affixed to radio equipment may be lower than 5 mm, provided that the marking remains visible and legible.

(4) When the conformity assessment procedure in Schedule 4 (conformity assessment module H) has been applied, the CE marking must be followed by the identification number of the notified body which carried out the relevant conformity assessment procedure for the radio equipment.

(5) The identification number in paragraph (4) must have the same height as the CE marking and be affixed—

(a)by the notified body itself, or

(b)under the instructions of the notified body, by the manufacturer or the manufacturer's authorised representative.

Extent Information

E76This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F119UK(NI) indicationN.I.

44A.—(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the radio equipment, in accordance with this regulation.

(2) The UK(NI) indication must be affixed—

(a)visibly, legibly and indelibly; and

(b)before the radio equipment is placed on the market in Northern Ireland.

(3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 44.

(4) The UK(NI) indication must be affixed by—

(a)the manufacturer; or

(b)the manufacturer's authorised representative.

(5) When placing radio equipment on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.]

Textual Amendments

[F119Register of notified bodies established in the United KingdomN.I.

44B.—(1) The Secretary of State must ensure that—

(a)each notified body established in the United Kingdom is assigned an identification number; and

(b)there is a register of—

(i)notified bodies established in the United Kingdom;

(ii)their notified body identification number;

(iii)the activities for which they have been notified;

(iv)any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).]

Textual Amendments

Technical documentationE+W+S

45.—(1) The technical documentation produced by the manufacturer for the radio equipment must contain all the relevant data or details of the means used by the manufacturer to ensure that the radio equipment complies with the essential requirements.

(2) The technical documentation in paragraph (1) must—

(a)contain, at least, the elements set out in Schedule 5 (contents of technical documentation),

(b)be drawn up before the radio equipment is placed on the market, and

(c)be continuously updated.

F120(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the technical documentation does not comply with the requirements in [F121paragraphs (1) and (2)] and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements.

Extent Information

E30This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Technical documentationN.I.

45.—(1) The technical documentation produced by the manufacturer for the radio equipment must contain all the relevant data or details of the means used by the manufacturer to ensure that the radio equipment complies with the essential requirements.

(2) The technical documentation in paragraph (1) must—

(a)contain, at least, the elements set out in Schedule 5 (contents of technical documentation),

(b)be drawn up before the radio equipment is placed on the market, and

(c)be continuously updated.

(3) The technical documentation in paragraph (1) and correspondence relating to any EU-type examination procedure must be drawn up in an official language of the [F210relevant state] in which the notified body is established or in a language acceptable to that body.

(4) Where the technical documentation does not comply with the requirements in paragraphs (1), (2) or (3) and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements.

Extent Information

E77This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

PART 4U.K.[F122Notification of conformity assessment bodies] [F122Approval of conformity assessment bodies]

Textual Amendments

[F122Approved bodiesE+W+S

46.—(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 47 (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 regulations 52(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 50 (restriction, suspension or withdrawal of approval).

(3) In this Part—

“notified body” means a body—

(a)

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 22 of the Directive; and

(b)

in respect of which no objections had been raised, as referred to in regulation 46(1)(b) as it had effect immediately before IP completion day;

“approved body requirements” means the requirements set out in Schedule 8.]

Extent Information

E31This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Notified bodiesN.I.

46.—(1) For the purposes of this Part, a notified body is a conformity assessment body—

(a)which has been notified by the Secretary of State to the European Commission and to the other [F211relevant states]—

(i)under regulation 47 (notification), or

(ii)before the commencement date, in accordance with Article 22 of the Directive, and

(b)in respect of which no objections [F212, other than an immaterial objection,] are raised by the European Commission or other [F213relevant states]—

(i)within 2 weeks of the date of notification, where the notification is accompanied by an accreditation certificate, or

(ii)within 2 months of the date of notification, where the notification is not accompanied by an accreditation [F214certificate;]

[F215(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.]

(2) Paragraph (1) has effect subject to regulation 52 (changes to notifications).

Extent Information

E78This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F122Approval of conformity assessment bodiesE+W+S

47.—(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body 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 procedure in respect of which the conformity assessment body claims to be competent;

(iii)the radio equipment in respect of which the conformity assessment body claims to be competent; and

(b)either—

(i)an accreditation certificate; or

(ii)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved 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 meets the approved body requirements.

(6) When deciding whether to approve a conformity assessment body that qualifies for approval, 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) For the purposes of this regulation “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.]

Extent Information

E32This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

NotificationN.I.

47.—(1) The Secretary of State may notify to the European Commission and the other [F216relevant states] only those conformity assessment bodies that qualify for notification.

(2) A conformity assessment body qualifies for notification if the first and the second conditions below are met.

(3) The first condition is that the conformity assessment body applied to the Secretary of State to become a notified body and that application was accompanied by—

(a)a description of—

(i)the conformity assessment activities that the body intends to carry out,

(ii)the conformity assessment module or modules for which the body claims to be competent, and

(iii)the radio equipment for which the body claims to be competent, and

(b)either—

(i)an accreditation certificate, or

(ii)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the 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 meets the notified body requirements.

(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other [F216relevant states], 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 the United Kingdom's procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures.

Extent Information

E79This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F122Presumption of conformity of approved bodiesE+W+S

48.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.]

Extent Information

E33This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Presumption of conformity of notified bodiesN.I.

48.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the Official Journal, the Secretary of State must presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E80This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F122MonitoringE+W+S

49.  The Secretary of State must monitor each approved body with a view to verifying that the body—

(a)continues to meet the approved body requirements;

(b)meets any conditions set—

(i)in accordance with regulation 47(6)(b); or

(ii)in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 47(6)(b), as it applied immediately before IP completion day; and

(c)carries out its functions in accordance with these Regulations.]

Extent Information

E34This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Contents of notificationN.I.

49.  A notification under regulation 47 (notification) must include—

(a)details of—

(i)the conformity assessment activities,

(ii)the conformity assessment module,

(iii)the radio equipment,

in respect of which the conformity assessment body has been approved by the Secretary of State for notification, and

(b)either—

(i)an accreditation certificate, where the notification is based on the accreditation, or

(ii)documentary evidence which attests to the conformity assessment body's competence, and to the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to meet the notified body requirements.

Extent Information

E81This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F122Restriction, suspension or withdrawal of approvalE+W+S

50.—(1) Where the Secretary of State determines that an approved body—

(a)no longer meets an approved body requirement, or

(b)is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 49(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 46 (approved bodies).

(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 49(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 46.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a)give notice in writing to the approved body of the proposed action and the reasons for it;

(b)give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(c)consider any such representations made by the approved body.

(5) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State—

(a)transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

(b)keep its files relating to the activities it has undertaken as an approved body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.

(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.]

Extent Information

E35This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

MonitoringN.I.

50.—(1) The Secretary of State must monitor each notified body with a view to verifying that the notified body—

(a)continues to meet the notified body requirements,

(b)meets any conditions set in accordance with regulation 47(6)(b), and

(c)carries out its functions in accordance with these Regulations.

(2) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures.

Extent Information

E82This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F122Operational matters in relation to approved bodiesE+W+S

51.—(1) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures—

(a)in respect of which the body's approval was given under regulation 47; or

(b)in respect of which body's notification as a notified body was made.

(2) Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Schedule 9.

(3) An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved body—

(a)to issue a Type-examination certificate referred to in Schedule 3; or

(b)to affix, or cause to be affixed, the body's identification number pursuant to regulation 44(5) (UK marking).]

Extent Information

E36This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

United Kingdom Accreditation ServiceN.I.

51.  The Secretary of State may authorise the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) to carry out the following activities on behalf of the Secretary of State—

(a)assessing whether a conformity assessment body meets the notified body requirements,

(b)monitoring notified bodies in accordance with regulation 50 (monitoring).

Extent Information

E83This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F122Subsidiaries and contractorsE+W+S

52.—(1) An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

(a)the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

(b)the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c)the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

(a)the assessment of the qualifications of the subcontractor or the subsidiary; and

(b)the conformity assessment activity carried out by the subcontractor or subsidiary.

(4) In this regulation, “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.]

Extent Information

E37This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Changes to notificationsN.I.

52.—(1) The Secretary of State must restrict, suspend or withdraw a notified body's status as a notified body under regulation 46 where the Secretary of State determines that the body—

(a)no longer meets a notified body requirement, or

(b)is failing to fulfil its obligations under these Regulations, other than a condition set in accordance with regulation 47(6)(b).

(2) The Secretary of State may restrict, suspend or withdraw the notified body's status as a notified body under regulation 46—

(a)with the consent of a notified body, or

(b)where the Secretary of State determines that a notified body no longer meets a condition set in accordance with regulation 47(6)(b).

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the failure.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a)give notice in writing to the notified body that the Secretary of State intends to take such action and the reasons for taking such action, and

(b)give the notified body an opportunity to make representations within a reasonable period from the date of that notice and consider any such representations.

(5) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other [F217relevant states].

(6) Where the Secretary of State has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the body must—

(a)as directed by the Secretary of State, transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Secretary of State, or

(b)keep the documents relating to the activities it has undertaken as a notified body available for the Secretary of State and the enforcing authority for a period of 10 years from the date on which the product to which the document relates was placed on the market.

Extent Information

E84This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F122Register of approved bodiesE+W+S

53.—(1) The Secretary of State must—

(a)assign an approved body identification number to each approved body; and

(b)compile and maintain a register of—

(i)approved bodies;

(ii)their approved body identification numbers;

(iii)the activities for which they have been approved; and

(iv)any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.]

Extent Information

E38This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Operational obligations of notified bodiesN.I.

53.  When a notified body carries out a relevant conformity assessment procedure, Schedule 9 (operational obligations of notified bodies) has effect.

Extent Information

E85This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F122UK national accreditation bodyE+W+S

54.  The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

(a)assessing whether a conformity assessment body meets the approved body requirements;

(b)monitoring approved bodies in accordance with regulation 49; and

(c)compiling and maintaining the register of approved bodies, in accordance with regulation 53.]

Extent Information

E39This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Subsidiaries and contractorsN.I.

54.—(1) Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the activities are only to be treated as having been carried out by a notified body for the purposes of regulation 41 (conformity assessment procedures) where the conditions in paragraphs (2) and (3) are met.

(2) The notified body must—

(a)ensure that the subcontractor or subsidiary satisfies the notified body requirements, and

(b)inform the Secretary of State accordingly.

(3) The notified body must have obtained the agreement of the client to the use of a subcontractor or subsidiary.

(4) Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the notified body must for a period of at least 10 years beginning on the day on which the activities are carried out, keep available for inspection by the Secretary of State all the relevant documentation concerning—

(a)the assessment of the qualifications of the subcontractor or the subsidiary, and

(b)the conformity assessment activities carried out by the subcontractor or subsidiary under Schedule 3 (conformity assessment modules B and C) or Schedule 4 (conformity assessment module H).

(5) When monitoring a notified body in accordance with regulation 50, the Secretary of State must treat the notified body as responsible for the activities performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.

Extent Information

E86This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

PART 5U.K.Market surveillance and enforcement

Designation of market surveillance authoritiesU.K.

55.—(1) The market surveillance authority is—

(a)within its area in Great Britain, the weights and measures authority, and

(b)within its area in Northern Ireland, the district council.

(2) The market surveillance authority must make adequate arrangements for market surveillance under these Regulations and RAMS (in its application to radio equipment).

(3) When a market surveillance authority carries out market surveillance under these Regulations, Part 2 of Schedule 10 (notices which may be served by enforcing authorities) has effect.

Designation of enforcing authoritiesU.K.

56.—(1) It is the duty of the following authorities to enforce these Regulations and RAMS (in its application to radio equipment)—

(a)in Great Britain—

(i)OFCOM, insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum,

(ii)within their area, the weights and measures authorities.

(b)in Northern Ireland—

(i)OFCOM, insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum,

(ii)within their area, the district councils.

(2) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to radio equipment).

(3) In Scotland, only the Lord Advocate may commence proceedings for an offence.

Enforcement powersE+W+S

57.—(1) For the purposes of enforcing these Regulations, Schedule 10 (enforcement and investigatory powers) applies.

(2) Where the enforcing authority has reasonable grounds to suspect that the [F123UK] marking has been affixed to radio equipment which does not satisfy the essential requirements, it may serve a compliance notice on—

(a)the manufacturer, if the manufacturer is established in the United Kingdom,

(b)the manufacturer's authorised representative in the United Kingdom, or

(c)the importer.

(3) Where a compliance notice is served in accordance with paragraph (2), no other notice as referred to in Part 2 of Schedule 10 can be issued and no proceedings pursuant to regulation 63 (enforcement action in respect of formal non-compliance) can be brought, until the person on whom that notice has been served has failed to comply with its requirements.

(4) A compliance notice must—

(a)state that the enforcing authority suspects that the [F123UK] marking has been affixed pursuant to regulation 44 ([F123UK] marking) in circumstances where that radio equipment does not comply with the requirements of these Regulations,

(b)state the reasons for that suspicion,

(c)identify the requirements with which it is suspected that the radio equipment does not comply,

(d)specify a date by which any necessary action to remedy non-compliance must have been taken,

(e)require the person on whom the notice is served to—

(i)take the necessary action to ensure that the radio equipment to which the notice relates conforms with the requirements of these Regulations and RAMS concerning the [F123UK] marking and to end the infringement by the date specified in the notice, or

(ii)to provide evidence, by the date specified in the notice, that demonstrates to the satisfaction of the enforcement authority that all provisions of these Regulations which apply to the radio equipment have been complied with, and

(f)warn the person on whom the notice is served that if the radio equipment does not comply with the requirements of these Regulations by the date specified in the notice, further enforcement action may be taken under these Regulations in respect of the radio equipment referred to in the notice or any radio equipment of the same type placed on the market by that person.

(5) A compliance notice may include directions as to the measures to be taken by the person upon whom it is served in order to ensure that the radio equipment complies with the requirements of these Regulations which apply to it, by the date specified in the notice.

(6) In this regulation, “enforcement officer” means—

(a)an officer of an enforcing authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this Part,

(b)a person appointed by the Secretary of State who is authorised in writing by the Secretary of State to act as an enforcement officer for the purposes of this Part.

Extent Information

E40This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Enforcement powersN.I.

57.—(1) For the purposes of enforcing these Regulations, Schedule 10 (enforcement and investigatory powers) applies.

(2) Where the enforcing authority has reasonable grounds to suspect that the CE marking has been affixed to radio equipment which does not satisfy the essential requirements, it may serve a compliance notice on—

(a)the manufacturer, if the manufacturer is established in the United Kingdom,

(b)the manufacturer's authorised representative in the United Kingdom, or

(c)the importer.

(3) Where a compliance notice is served in accordance with paragraph (2), no other notice as referred to in Part 2 of Schedule 10 can be issued and no proceedings pursuant to regulation 63 (enforcement action in respect of formal non-compliance) can be brought, until the person on whom that notice has been served has failed to comply with its requirements.

(4) A compliance notice must—

(a)state that the enforcing authority suspects that the CE marking has been affixed pursuant to regulation 44 (CE marking) in circumstances where that radio equipment does not comply with the requirements of these Regulations,

(b)state the reasons for that suspicion,

(c)identify the requirements with which it is suspected that the radio equipment does not comply,

(d)specify a date by which any necessary action to remedy non-compliance must have been taken,

(e)require the person on whom the notice is served to—

(i)take the necessary action to ensure that the radio equipment to which the notice relates conforms with the requirements of these Regulations and RAMS concerning the CE marking and to end the infringement by the date specified in the notice, or

(ii)to provide evidence, by the date specified in the notice, that demonstrates to the satisfaction of the enforcement authority that all provisions of these Regulations which apply to the radio equipment have been complied with, and

(f)warn the person on whom the notice is served that if the radio equipment does not comply with the requirements of these Regulations by the date specified in the notice, further enforcement action may be taken under these Regulations in respect of the radio equipment referred to in the notice or any radio equipment of the same type placed on the market by that person.

(5) A compliance notice may include directions as to the measures to be taken by the person upon whom it is served in order to ensure that the radio equipment complies with the requirements of these Regulations which apply to it, by the date specified in the notice.

(6) In this regulation, “enforcement officer” means—

(a)an officer of an enforcing authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this Part,

(b)a person appointed by the Secretary of State who is authorised in writing by the Secretary of State to act as an enforcement officer for the purposes of this Part.

Extent Information

E87This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Exercise of enforcement powersU.K.

58.  When enforcing these Regulations, the enforcing authority must exercise its powers in a manner which is consistent with—

(a)regulation 59 (evaluation of radio equipment presenting a risk),

(b)regulation 60 (enforcement action in respect of radio equipment which is not in conformity and which presents a risk),

(c)[F124regulation 61 (EU safeguard procedure),]

(d)regulation 62 (enforcement action in respect of radio equipment which is in conformity, but presents a risk),

(e)regulation 63 (enforcement action in respect of formal non-compliance),

(f)regulation 64 (restrictive measures).

Textual Amendments

Evaluation of radio equipment presenting a riskU.K.

59.—(1) Where a market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority must carry out an evaluation in relation to the radio equipment covering the relevant requirements of Part 2 applying in respect of that radio equipment.

(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority may carry out an evaluation in relation to the radio equipment covering the relevant requirements of Part 2 applying in respect of that radio equipment.

Enforcement action in respect of radio equipment which is not in conformity and which presents a riskE+W+S

60.—(1) Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—

(a)take appropriate corrective actions to bring the radio equipment into conformity with those requirements,

(b)withdraw the radio equipment, or

(c)recall the radio equipment,

within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment.

(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of—

(a)the respect in which the radio equipment is not in conformity with Part 2, and

(b)the actions which the enforcing authority has required the economic operator to take.

F125(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)prohibit or restrict the radio equipment being made available on the market in the United Kingdom,

(b)withdraw the radio equipment from the United Kingdom market, or

(c)recall the radio equipment.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

F126(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The [F127notification under paragraph (6)] must include details about the radio equipment and, in particular—

(a)the data necessary for the identification of the radio equipment which is not in conformity with Part 2,

(b)the origin of the radio equipment,

(c)the nature of the lack of conformity alleged and the risk involved,

(d)the nature and duration of the measures taken,

(e)the arguments put forward by the relevant economic operator, and

(f)whether the lack of conformity is due to either of the following—

(i)failure of the radio equipment to meet the essential requirements, or

(ii)shortcomings in the [F128designated] standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.

Extent Information

E41This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Enforcement action in respect of radio equipment which is not in conformity and which presents a riskN.I.

60.—(1) Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—

(a)take appropriate corrective actions to bring the radio equipment into conformity with those requirements,

(b)withdraw the radio equipment [F218from Northern Ireland], or

(c)recall the radio equipment [F219from Northern Ireland],

within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment.

(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of—

(a)the respect in which the radio equipment is not in conformity with Part 2, and

(b)the actions which the enforcing authority has required the economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to [F220Northern Ireland], it must notify the Secretary of State of—

(a)the results of the evaluation, and

(b)the actions which it has required the economic operator to take.

(4) [F221Subject to paragraph (4A),] where the Secretary of State receives notification under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F222Northern Ireland], the Secretary of State must inform the European Commission and the other [F223relevant states] of—

(a)the results of the evaluation, and

(b)any actions which the enforcing authority has required the economic operator to take.

[F224(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)prohibit or restrict the radio equipment being made available on the market in [F225Northern Ireland],

(b)withdraw the radio equipment from the [F226market in Northern Ireland], or

(c)recall the radio equipment.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) Where the Secretary of State receives notification under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F227relevant states] of those measures without delay.

(8) The notifications under paragraphs (6) and (7) must include details about the radio equipment and, in particular—

(a)the data necessary for the identification of the radio equipment which is not in conformity with Part 2,

(b)the origin of the radio equipment,

(c)the nature of the lack of conformity alleged and the risk involved,

(d)the nature and duration of the measures taken,

(e)the arguments put forward by the relevant economic operator, and

(f)whether the lack of conformity is due to either of the following—

(i)failure of the radio equipment to meet the essential requirements, or

(ii)shortcomings in the harmonised standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.

Extent Information

E88This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

EU safeguard procedureU.K.

[F12961.—(1) Where another [F130relevant state] has initiated the procedure under Article 40 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a)any measure taken by the enforcing authority in respect of the radio equipment, and

(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the radio equipment.

(2) Where another [F131relevant state] has initiated the procedure under Article 40 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [F132relevant states] of—

(a)any measure taken by an enforcing authority [F133in Northern Ireland] in respect of the radio equipment,

(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the radio [F134equipment.]

F135(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another [F136relevant state] in respect of radio equipment is deemed justified under Article 40(7) of the Directive (as amended from time to time) (no objections raised by Member States or the European Commission in respect of a provisional measure taken by an enforcing authority), the market surveillance authority must ensure that appropriate measures, such as withdrawal or recall, are taken [F137in Northern Ireland] in respect of the radio equipment without delay.

(4) Where a measure taken by another [F138relevant state] in respect of radio equipment is considered justified by the European Commission under Article 41(1) of the Directive (as amended from time to time) (consideration by the European Commission of objections raised by a Member State about, or compatibility with EU law of, measures taken by an economic operator, or a provisional measure taken by an enforcing authority), the market surveillance authority must take the necessary measures to ensure that the radio equipment is withdrawn or recalled from [F139market in Northern Ireland].

(5) Where the market surveillance authority is not the Secretary of State and the market surveillance authority has taken action under paragraph (3) or (4), it must inform the Secretary of State.

(6) Where the Secretary of State receives notification under paragraph (5) or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [F140in respect of Northern Ireland].

F141(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Enforcement action in respect of radio equipment which is in conformity, but presents a riskE+W+S

62.—(1) Where, having carried out an evaluation under regulation 59 (evaluation of radio equipment presenting a risk), an enforcing authority finds that although the radio equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—

(a)ensure that the radio equipment, when placed on the market, no longer presents a risk,

(b)withdraw the radio equipment within a prescribed period, or

(c)recall the radio equipment within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F142(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F143notification referred to in paragraph (2)] must include details about the radio equipment and, in particular—

(a)the data necessary for the identification of the radio equipment concerned,

(b)the origin and the supply chain of the radio equipment,

(c)the nature of the risk involved, and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which is—

(a)prescribed by the enforcing authority, and

(b)reasonable and commensurate with the nature of the risk presented by the radio equipment.

Extent Information

E42This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Enforcement action in respect of radio equipment which is in conformity, but presents a riskN.I.

62.—(1) Where, having carried out an evaluation under regulation 59 (evaluation of radio equipment presenting a risk), an enforcing authority finds that although the radio equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—

(a)ensure that the radio equipment, when placed on the market, no longer presents a risk,

(b)withdraw the radio equipment [F228from Northern Ireland] within a prescribed period, or

(c)recall the radio equipment [F229from Northern Ireland] within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

(3) Where the Secretary of State receives notification under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other [F230relevant states] immediately.

(4) The notifications referred to in paragraphs (2) and (3) must include details about the radio equipment and, in particular—

(a)the data necessary for the identification of the radio equipment concerned,

(b)the origin and the supply chain of the radio equipment,

(c)the nature of the risk involved, and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which is—

(a)prescribed by the enforcing authority, and

(b)reasonable and commensurate with the nature of the risk presented by the radio equipment.

Extent Information

E89This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Enforcement action in respect of formal non-complianceE+W+S

63.—(1) Where an enforcing authority makes one of the following findings relating to radio equipment, it must require a relevant economic operator to put an end to the non-compliance within such reasonable period as the authority specifies—

(a)the [F144UK] marking—

(i)has not been affixed, or

(ii)has been affixed otherwise than in accordance with regulations 39 (prohibition on improper use of [F145UK] marking) and 44 ([F145UK] marking),

(b)where the conformity assessment procedure set out in Schedule 4 (full quality assurance) is applied, the identification number of the [F146approved] body—

(i)has not been affixed, or

(ii)has been affixed otherwise than in accordance with regulation 44 ([F147UK] marking),

(c)the F148... declaration of conformity—

(i)has not been drawn up, or

(ii)has been drawn up otherwise than in accordance with regulations 10 (F148... declaration of conformity and [F149UK] marking) and 42 (F148... declaration of conformity),

(d)the technical documentation is either not available or not complete,

(e)the following information that is required to be included is absent, false or incomplete—

(i)the information specified in regulation 12(1) or (2) (identification of the radio equipment and manufacturer), or

(ii)the information specified in regulation 23(1) (information identifying importer),

(f)the information specified in regulation 13(1), (2) or (3) (instructions and information to be included with the radio equipment) is absent,

(g)the requirements set out in regulation 38 (identification of economic operators) on the identification of economic operators have not been met.

(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance referred to in paragraph (1).

(3) Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcing authority must take appropriate measures to—

(a)restrict or prohibit corresponding radio equipment being made available on the market,

(b)ensure that the radio equipment is withdrawn, or

(c)ensure that the radio equipment is recalled.

(4) This regulation does not apply where radio equipment presents a risk.

Extent Information

E43This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Enforcement action in respect of formal non-complianceN.I.

63.—(1) Where an enforcing authority makes one of the following findings relating to radio equipment, it must require a relevant economic operator to put an end to the non-compliance within such reasonable period as the authority specifies—

(a)the CE marking—

(i)has not been affixed, or

(ii)has been affixed otherwise than in accordance with regulations 39 (prohibition on improper use of CE marking) and 44 (CE marking),

[F231(aa)where a notified body established in the United Kingdom has been involved in a conformity assessment procedure pursuant to regulation 41—

(i)the UK(NI) indication has not been affixed; or

(ii)the UK(NI) indication has been affixed other than in accordance with regulation 44A;]

(b)where the conformity assessment procedure set out in Schedule 4 (full quality assurance) is applied, the identification number of the notified body—

(i)has not been affixed, or

(ii)has been affixed otherwise than in accordance with regulation 44 (CE marking),

(c)the EU declaration of conformity—

(i)has not been drawn up, or

(ii)has been drawn up otherwise than in accordance with regulations 10 (EU declaration of conformity and CE marking) and 42 (EU declaration of conformity),

(d)the technical documentation is either not available or not complete,

(e)the following information that is required to be included is absent, false or incomplete—

(i)the information specified in regulation 12(1) or (2) (identification of the radio equipment and manufacturer), or

(ii)the information specified in regulation 23(1) (information identifying importer),

(f)the information specified in regulation 13(1), (2) or (3) (instructions and information to be included with the radio equipment) is absent,

(g)the requirements set out in regulation 38 (identification of economic operators) on the identification of economic operators have not been met.

(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance referred to in paragraph (1).

(3) Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcing authority must take appropriate measures to—

(a)restrict or prohibit corresponding radio equipment being made available on the market,

(b)ensure that the radio equipment is withdrawn, or

(c)ensure that the radio equipment is recalled.

(4) This regulation does not apply where radio equipment presents a risk.

Extent Information

E90This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Restrictive measuresU.K.

64.  When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS (as amended from time to time) in relation to any measure to—

(a)prohibit or restrict radio equipment being made available on the market,

(b)withdraw radio equipment, or

(c)recall radio equipment.

OffencesU.K.

65.—(1) It is an offence for a person to contravene or fail to comply with any requirement of regulations 7 to 15, 16(4), 17 and 18, 20 to 28, 29(4), 30 to 34, 35(4).

(2) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

PenaltiesE+W+S

66.—(1) Subject to paragraph (2), a person guilty of an offence under regulation 65 is liable on summary conviction—

(a)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both,

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.

(2) A person guilty of an offence under [F150regulations 11, 16, 28, 29 and 35] is liable on summary conviction—

(a)in England and Wales, to a fine,

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Extent Information

E44This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

PenaltiesN.I.

66.—(1) Subject to [F232paragraphs (2) and (3)], a person guilty of an offence under regulation 65 is liable on summary conviction—

(a)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both,

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.

(2) A person guilty of an offence under [F233regulations 11, 16, 28, 29 and 35] is liable on summary conviction—

(a)in England and Wales, to a fine,

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

[F234(3) A person guilty of an offence under regulation 65(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Extent Information

E91This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Defence of due diligenceU.K.

67.—(1) Subject to paragraphs (2) and (4), in proceedings for an offence under regulation 65 (offences), it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a)served a notice in accordance with paragraph (3), or

(b)obtained the leave of the court.

(3) The notice must—

(a)give any information in P's possession which identifies or assists in identifying the person who—

(i)committed the act or default, or

(ii)supplied the information on which P relied.

(b)be served on the person bringing the proceedings not less than 7 clear days before—

(i)in England, Wales and Northern Ireland, the hearing of the proceedings,

(ii)in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a)to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information, and

(b)to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a)to the act or default of another person, or

(b)to reliance on information supplied by another person.

Liability of persons other than principal offenderU.K.

68.—(1) Where the commission of an offence by one person (“A”) under regulation 65 (offences) is due to anything which another person (“B”) did or failed to do in the course of business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.

(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed—

(a)with the consent or connivance of the relevant person, or

(b)as a result of the negligence of the relevant person.

(3) In paragraph (2), “relevant person” means—

(a)a director, manager, secretary or other similar officer of the body corporate,

(b)in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions,

(c)in relation to a Scottish partnership, a partner, or

(d)a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Time limit for prosecution of offencesU.K.

69.—(1) Subject to paragraph (4), in England and Wales an information relating to an offence under regulation 65 (offences) that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) Subject to paragraph (4), in Scotland—

(a)summary proceedings for an offence under regulation 65 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge,

(b)section 136(3) of the Criminal Procedure (Scotland) Act 1995 M7 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(3) Subject to paragraph (4), in Northern Ireland summary proceedings for an offence under regulation 65 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

(4) No proceedings may be brought more than 3 years after the commission of the offence.

(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to in paragraphs (1), (2) or (3) came to light, is conclusive evidence.

Marginal Citations

Service of documentsU.K.

70.—(1) Any document required or authorised by these Regulations to be served on a person may be served by—

(a)delivering it to that person in person,

(b)leaving it at that person's proper address, or

(c)sending it by post or electronic means to that person's proper address.

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, “proper address” means—

(a)in the case of a body corporate or its director—

(i)the registered or principal office of that body, or

(ii)the email address of the secretary or clerk of that body,

(b)in the case of a partnership, a partner or person having control or management of the partnership business—

(i)the principal office of the partnership, or

(ii)the email address of a partner or person having that control or management,

(c)in any other case, a person's last known address, which includes an email address.

(5) If a person to be served with a document has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address.

(6) In this regulation, “partnership” includes a Scottish partnership.

Recovery of expenses of enforcementU.K.

71.—(1) This regulation applies where a person commits an offence under regulation 65 (offences).

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.

Action by enforcing authorityU.K.

72.—(1) An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—

(a)the enforcing authority has been unable to identify any economic operator on whom to serve such a notice, or

(b)the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily—

(a)in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 M8,

(b)in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981 M9.

Marginal Citations

M81980 c. 43. Section 58 was amended by paragraph 40 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

M9S.R. (NI) 1981 No 1675.

Appeals against noticesU.K.

73.—(1) An application for an order to vary or set aside the terms of a notice served under these Regulations may be made—

(a)by the economic operator on whom the notice has been served,

(b)by a person having an interest in the radio equipment in respect of which the notice has been served, unless the notice is a recall notice.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—

(a)that the requirements of these Regulations and of RAMS (in its application to radio equipment) have been complied with in respect of the radio equipment to which the notice relates, or

(b)that the enforcing authority failed to comply with regulation 58 (exercise of enforcement powers) when serving the notice.

(4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this regulation—

(a)the “appropriate court” is to be determined in accordance with regulation 74 (appropriate court for appeals against notices),

(b)“notice” means any notice served in accordance with Schedule 10.

Appropriate court for appeals against noticesU.K.

74.—(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 73 (appeals against notices) is—

(a)the court in which proceedings have been brought in relation to the radio equipment for an offence under regulation 65 (offences),

(b)in any other case, a magistrates' court.

(2) In Scotland, the appropriate court for the purposes of regulation 73 is the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office.

(3) A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 73, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)in England and Wales, to the Crown Court,

(b)in Northern Ireland, to the county court.

CompensationU.K.

75.—(1) Where an enforcing authority serves a relevant notice in respect of radio equipment, the enforcing authority is liable to pay compensation to a person having an interest in the radio equipment for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)the radio equipment in respect of which the relevant notice was served neither—

(i)presents a risk, nor

(ii)contravenes any requirements of these Regulations, and

(b)the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.

(3) In this regulation, “relevant notice” means a suspension, withdrawal or recall notice served in accordance with these Regulations.

PART 6U.K.Miscellaneous

ReviewE+W+S

76.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in these Regulations, and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of 5 years beginning with the commencement date.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 M10 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Extent Information

E45This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Marginal Citations

M102015 c.26. Section 30(3) was amended by the Enterprise Act 2016 (c.12), section 19.

ReviewN.I.

76.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in these Regulations, and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of 5 years beginning with the commencement date.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 F235 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other [F236relevant states].

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Extent Information

E92This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F2352015 c.26. Section 30(3) was amended by the Enterprise Act 2016 (c.12), section 19.

[F151Transitional provision in relation to EU ExitE+W+S

76A.—(1) In this regulation—

“pre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day;

“product” means radio equipment to which these Regulations apply.

(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 29 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to—

(a)any obligation of any enforcing authority to inform the European Commission or the Member States of any matter; or

(b)any obligation to take action outside of the market in respect of that product.

F152(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Transitional provisionE+W+S

77.  Nothing in these Regulations prevents the making available on the market of radio equipment which—

(a)is in conformity with the requirements of [F153the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000], and

(b)is placed on the market on or before the commencement date.

Extent Information

E46This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Transitional provisionN.I.

77.  Nothing in these Regulations prevents the making available on the market of radio equipment which—

(a)is in conformity with the requirements of Directive 1999/5/EC of the European Parliament and the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity F237, and

(b)is placed on the market on or before the commencement date.

Extent Information

E93This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F237OJ L 91, 7.4.1999, p.10.

Revocations and savingsE+W+S

78.—(1) Subject to paragraph (2), the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 M11 are revoked.

[F154(2) The Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to any equipment placed on the market in accordance with those Regulations before the commencement date, subject to the modifications made in paragraph (2A).]

[F155(2A) The modifications referred to in paragraph (2) are as follows—

(a)references to the Community are to be read as including the United Kingdom;

(b)except where “Member State” first appears in regulation 14 (notified bodies), references to Member State are to be read as including the United Kingdom;

(c)the references to European Union and EEA State in regulation 14 are both to be read as including the United Kingdom;

(d)regulation 18A (duty of enforcement authority to inform Secretary of State of action taken), is to be read without the words “, with a view to this information being passed by her to the Commission.”;

(e)Schedule 5 applies as if paragraph 6 were omitted.]

(3) In relation to radio equipment placed on the market before the commencement date, the amendments in regulations 79 and 80 do not apply.

Extent Information

E47This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Marginal Citations

M11S.I. 2000/730; amended by S.I. 2003/1903, S.I. 2003/3144, S.I. 2005/281, S.I. 2015/1630 and S.I. 2016/1101.

Revocations and savingsN.I.

78.—(1) Subject to paragraph (2), the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 F238 are revoked.

(2) The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 continue to apply to any equipment placed on the market in accordance with those Regulations before the commencement date.

(3) In relation to radio equipment placed on the market before the commencement date, the amendments in regulations 79 and 80 do not apply.

Extent Information

E94This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F238S.I. 2000/730; amended by S.I. 2003/1903, S.I. 2003/3144, S.I. 2005/281, S.I. 2015/1630 and S.I. 2016/1101.

Consequential and other amendmentsU.K.

79.—(1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 M12 is amended as follows.

(2) In Schedule 1, for “Radio Equipment and Telecommunications Terminal Equipment Regulations 2000” substitute “ Radio Equipment Regulations 2017 ”.

Marginal Citations

M12S.I. 2004/693 to which there are amendments not relevant to these Regulations.

80.—(1) The Consumer Rights Act 2015 M13 is amended as follows.

(2) In paragraph 10 of Schedule 5—

(a)omit the entry “paragraph 1(1)(b) or (2)(b) or 2 of Schedule 9 to the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (SI 2000/730)”, and

(b)at the appropriate place insert—

“regulation 56(1)(a)(ii) or (b)(ii) or (2) of the Radio Equipment Regulations 2017 (S.I. 2017/1206)”.

Marginal Citations

81.—(1) The Electromagnetic Compatibility Regulations 2016 M14 are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1), omit the definition of “notified body”, and

(b)after paragraph (4), insert—

“(5) In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedules 5 (requirements for notified bodies) and 6 (operational obligations of notified bodies)), “notified body” means—

(a)a notified body within the meaning set out in regulation 43 (notified bodies), or

(b)a notified body under the laws of any other Member State which implements the Directive.”.

(3) In regulation 52 (designation of enforcing authorities) omit paragraph (4).

Marginal Citations

82.—(1) The Pressure Equipment (Safety) Regulations 2016 M15 are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “authorised representative” substitute—

““authorised representative” means a person established within the EU appointed in accordance with regulation 19(1) (manufacturer's authorised representative);”,

(ii)omit the definition of “notified body”, and

(b)after paragraph (6), insert—

“(7) In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedules 4 (notified body requirements) and 6 (operational obligations of notified bodies, recognised third party organisations and user inspectorates)), “notified body” means—

(a)a notified body within the meaning set out in regulation 51 (notified bodies), or

(b)a notified body under the laws of any other Member State which implement the Directive.”.

Marginal Citations

83.—(1) The Simple Pressure Vessels (Safety) Regulations 2016 M16 are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (4), omit the definition of “notified body”, and

(b)after paragraph (6), insert—

“(7) In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedule 4 (notified bodies), “notified body” means—

(a)a notified body within the meaning set out in regulation 45 (notified bodies), or

(b)a notified body under the laws of any other Member State which implements the Directive.”.

Marginal Citations

84.—(1) The Electrical Equipment (Safety) Regulations 2016 M17 are amended as follows.

(2) In paragraph (1) of regulation 2, for the definition of “authorised representative” substitute—

““authorised representative” means a person established within the EU appointed in accordance with regulation 14 (manufacturer's authorised representatives);”.

(3) In paragraph (3) of regulation 3, for “apparatus covered by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000” substitute “ equipment covered by the Radio Equipment Regulations 2017 ”.

(4) In regulation 29 (duty to take action in respect of electrical equipment placed on the market which is not considered to be in conformity)—

(a)in the title of the regulation, for “placed” substitute “ made available ”,

(b)in paragraph (1), for “placed” substitute “ made available ”.

Marginal Citations

85.—(1) The Recreational Craft Regulations 2017 M18 are amended as follows.

(2) In regulation 29 (duty not to place a product on the market where the distributor suspects that it is not in conformity)—

(a)in the title of the regulation, for “place a product” substitute “ make a product available ”,

(b)in paragraph (1), for “place the product” substitute “ make the product available ”.

Marginal Citations

Margot James

Minister for Small Business, Consumer and corporate Responsibility

Department for Business, Energy & Industrial Strategy

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