The Accreditation Regulations 2009 in Northern Ireland
S.I. 2009/3155 · Made 30 November 2009 · Extends to United Kingdom
Market Standards
Accreditation Of Services
Made 30th November 2009
Laid before Parliament 3rd December 2009
Coming into force 1st January 2010
The Secretary of State in exercise of the powers conferred on him by section 2(2) of that Act makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51)
- f2
Contents
- 1Citation and commencement
- Signature
- Schedule: APPEALS
- 2Constitution of appeal review panel
- 3Procedure where appeal review panel is constituted etc
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Accreditation Regulations 2009 and shall come into force on 1st January 2010.
Signature
Drayson
Minister for Science and Innovation
Department for Business, Innovation and Skills
2Constitution of appeal review panelI1
On receipt by UKAS of a request under paragraph 1(5), an appeal review panel shall be appointed in accordance with this paragraph.
An appeal review panel must consist of a person to chair it and two other members.
The chairman or a member of an appeal review panel shall:
not be an employee or a director of UKAS;
have no commercial interest in the appeal being considered; and
not have been personally involved in any matters relating to the appeal.
The Secretary of State may appoint an official of a government department to be a member of the appeal review panel (other than the chairman) but the Secretary of State may in writing indicate that he does not wish to make such an appointment.
Subject to any appointment under sub-paragraph (4), the chairman of UKAS shall appoint the chairman and members of the appeal review panel.
The appellant may object to the selection of all or any of the members of the appeal review panel (including any member nominated by the Secretary of State), after which the chairman of UKAS must select a replacement member or members.
No objection shall be made to any subsequent members appointed by the chairman of UKAS under sub-paragraph (6)
3Procedure where appeal review panel is constituted etcI1
If the appeal review panel determines it necessary, a hearing shall be held at which both the appellant and UKAS may present their case.
Where a hearing is held:
with the agreement of the appeal review panel, experts and witnesses may also be called to attend the hearing; and
any supporting documentation from the appellant must be submitted to the person chairing the appeal review panel at least 5 working days ahead of the hearing.
The appeal review panel must consider the evidence and make a recommendation in writing to the Chief Executive of UKAS, within one month of the constitution of the appeal review panel.
The Chief Executive of UKAS must make the final decision and inform the appellant in writing of the outcome of the appeal, within 3 working days of receipt of the recommendation from the appeal review panel.
A copy of the recommendations of the appeal review panel must be provided to the appellant.
The appellant may terminate the appeal review panel process at any time by giving notice in writing to UKAS withdrawing the appeal.
In this paragraph “working day” mean any day other than Saturday, Sunday, Good Friday, Christmas Day or a day that is in any part of the United Kingdom a bank holiday within the meaning of the Banking and Financial Dealings Act 1971f1.
Explanatory note
(This note is not part of the Regulations)
The purpose of these Regulations is to implement Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (O.J. L218, 13.8.2008, pp 30-47) insofar as it relates to accreditation.
The Regulations make provision for the appointment of UKAS as the national accreditation body (regulation 3), the payment of fees to UKAS in respect of performance by it of functions under the EC Regulation (regulation 4), appeals in relation to accreditation decisions by UKAS (regulation 5) and the provision of information to the Secretary of State (regulation 6). The appointment of a single national accreditation body is required by Article 4(1) of Regulation 765/2008 and Article 5(5) requires provision to be made in relation to appeals.
The Schedule to the Regulations makes provision in relation to appeals.
As these Regulations do not in themselves have an impact on the costs of the business, voluntary or public sectors, no impact assessment has been produced in relation to them.