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

Insertion of new Article 39A U.K.

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

“Article 39A U.K. 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 [F1 IP completion 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 [F1 IP completion 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 [F1 IP completion day]:

(a) it is to be treated on or after [F1 IP completion day] as approved in respect of the same activities in relation to a harmonised standard in respect of which it was notified immediately before [F1 IP completion day] where that standard becomes designated under Article 18B(2);

(b) any horizontal notification which was in force immediately before [F1 IP completion 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 [F1 IP completion day] as a horizontal approval under this Regulation.”.

Textual Amendments

F1 Words in Sch. 1 para. 40 substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(f)

Commencement Information

I1 Sch. 1 para. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1