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Paragraph 16 Insertion of regulations 18A, 18B and 18C

Original text. Later amendments are not shown.

After regulation 18 (monitoring) insert—

“Provision of information on compliance of combinations of radio equipment and software

18A.
(1)

In this regulation “product” means a combination of radio equipment and software allowing such radio equipment to be used as intended.

(2)

The Secretary of State may by regulations make provision requiring a manufacturer of a product to provide the Secretary of State with information on the compliance of the product with the essential requirements.

(3)

Regulations under paragraph (2) may—

(a)

specify categories or classes of product for which a manufacturer must provide information on compliance;

(b)

include requirements as to—

(i)

the identification of the radio equipment and software intended to be used in combination;

(ii)

the results of conformity assessment carried out in accordance with regulation 41(conformity assessment procedures);

(iii)

the form the information must take;

(c)

make provision for the information on compliance to be made available to the enforcing authorities; and

(d)

make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.

(4)

Regulations made under paragraph (2) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Power to amend R14(2)(b) and specify how information is to be presented

18B.
(1)

In this regulation “product” means radio equipment types that fall within categories of radio equipment affected by a low level of compliance with the essential requirements.

(2)

The Secretary of State may by regulations make provision requiring a manufacturer, before placing a product on the market, to—

(a)

register information on compliance with the essential requirements; and

(b)

affix to the product a registration number allocated by the Secretary of State.

(3)

Regulations made under paragraph (2) may specify—

(a)

the categories or classes of product in respect of which the manufacturer must register information;

(b)

that some or, where the Secretary of State considers necessary, all of the technical documentation listed in Schedule 5 must be registered;

(c)

that when setting out a registration process the Secretary of State must take the following matters into account—

(i)

whether the process includes a central system of registration by manufacturers;

(ii)

whether the process ensures appropriate control of access to information of a confidential nature; and

(iii)

whether the process allocates a registration number to each registered radio equipment type.

(4)

Regulations made under paragraph (2)—

(a)

may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and

(b)

are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.