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.