The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

14.—(1) The Radio Equipment Regulations 2017(1) are amended as follows.

(2) In regulation 2(1) after the definition of “technical specification” insert—

““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;”.

(3) In regulation 14—

(a) in paragraph (2)(b) before “(3)” insert “(2A) or”;

(b) after paragraph (2) insert—

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

(4) After regulation 44 insert—

“UK(NI) indication

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.

Register of notified bodies established in the United Kingdom

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).”.

(5) After regulation 63(1)(a) insert—

“(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;”.

(6) In regulation 66—

(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (3)”;

(b) after paragraph (2) insert—

“(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.”.

(1)

S.I. 2017/1206, amended by S.I. 2018/389; amendments extending only to Great Britain are also made prospectively with effect from IP completion day, by S.I. 2019/696; the instrument was saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018 (c.16).