[F1Approved 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—
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
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
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
F1 Pt. 4 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 36 (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(r)(iv)(v)); 2020 c. 1, Sch. 5 para. 1(1)
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 [F2relevant 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 [F3, other than an immaterial objection,] are raised by the European Commission or other [F4relevant 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 [F5certificate;]
[F6(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
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F2Words in reg. 46(1)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 5(1)(a)
F3Words in reg. 46(1)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 5(1)(b)(i)
F4Words in reg. 46(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 5(1)(b)(ii)
F5Word in reg. 46(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 5(1)(b)(iii)
F6Reg. 46(1)(c) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 5(1)(c)