PART 3Authorisation Procedures and F1Approved Bodies
F2Approval of conformity assessment bodies10
F31
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2
A conformity assessment body qualifies for F4approval if the conditions set out in paragraphs (3) and (4) are met.
3
The first condition is that the conformity assessment body has submitted an application to the Secretary of State to be F5approved, in accordance with Article 29 of Regulation 2016/424/EU.
4
The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the requirements of Article 26 of Regulation 2016/424/EU.
5
When deciding whether to F6approve a conformity assessment body that qualifies for F7approval, the Secretary of State may—
a
have regard to any other matter that appears to the Secretary of State to be relevant; and
b
set conditions that the conformity assessment body must meet including such conditions that are to apply upon or following the restriction, suspension or withdrawal of its status as F8an approved body.
6
Subject to paragraph (7), if at any time it appears to the Secretary of State—
a
that F9an approved body no longer meets the requirements laid down in Article 26 of Regulation 2016/424/EU; or
b
that it is failing to meet its obligations,
the Secretary of State may by written notice to that body specify a date on which its status as F9an approved body will be restricted, suspended or withdrawn, as appropriate depending on the seriousness of the failure to meet those requirements or obligations.
7
Before the Secretary of State restricts, suspends or withdraws the status of a conformity assessment body as F10an approved body under paragraph (6) the Secretary of State must—
a
give notice in writing to F11the approved body that the Secretary of State intends to take such action;
b
give F11the approved body the opportunity to make representations within a period of 14 days beginning with the day on which such notice is given; and
c
consider any representation made within that period by F11the approved body before making a decision on whether to take such action.
8
Where the Secretary of State has taken action in respect of F12an approved body under paragraph (6), or where F12an approved body has ceased its activity as a conformity assessment body, the body must—
a
b
in the absence of a request under sub-paragraph (a), ensure that its files relating to the activities it has undertaken as F12an approved body are kept available for the Secretary of State and the Executive for a period of 10 years beginning on the day on which the relevant document was created.
Word in Pt. 3 heading substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 4; 2020 c. 1, Sch. 5 para. 1(1)