The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

Insertion of new Article 39A

40.  After Article 39 (omitted by paragraph 39), insert—

“Article 39A Approved bodies

1.   An “approved body” is a body which:

(a) is approved by the Secretary of State under Article 48 as a body authorised to carry out third party tasks in the process of assessment and verification of constancy of performance under this Regulation; or

(b) immediately before exit day was a notified body in respect of which the Secretary of State had taken no action under Article 50(1) (as it had effect immediately before exit day) to suspend or withdraw the body’s status as a notified body.

2.   Paragraph 1 has effect subject to Article 50(1) (restriction, suspension or withdrawal of approval).

3.   Where an approved body was a notified body before exit day:

(a) it is to be treated on or after exit day as approved in respect of the same activities in relation to a harmonised standard in respect of which it was notified immediately before exit day where that standard becomes designated under Article 18B(2);

(b) any horizontal notification which was in force immediately before exit day in relation to a case set out in point 3 of Annex 5 to the EU Construction Products Regulation is to be treated on or after exit day as a horizontal approval under this Regulation.”.