SCHEDULE 2Amendments to legislation in respect of Northern Ireland
I17
1
The Electromagnetic Compatibility Regulations 2016 M1 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 Part 3, after regulation 42 insert—
UK(NI) indication42A
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 apparatus, in accordance with this regulation.
2
The UK(NI) indication must be affixed—
a
visibly, legibly and indelibly; and
b
before apparatus 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 42.
4
The UK(NI) indication must be affixed by—
a
the manufacturer; or
b
the manufacturer's authorised representative.
5
When placing apparatus on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.
Register of UK notified bodies42B
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).
4
After regulation 59(1)(a) insert—
aa
the UK(NI) indication—
i
has not been affixed, in contravention of regulation 42A; or
ii
has been affixed other than in accordance with regulation 42A;
5
In regulation 62—
a
in paragraph (1) after “(2)” insert “
and (3)
”
;
b
after paragraph (2) insert—
3
A person guilty of an offence under regulation 61(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.