# The Electromagnetic Compatibility Regulations 2005, Regulation 71: Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant


Before making an unfavourable decision in respect of an applicant, that is to say—
(a) refusing to grant an EC type-examination certificate pursuant to regulation 66(5) above;
(b) the imposition of a condition of an EC type-examination certificate or the making of a restrictive variation of a condition thereof pursuant to regulation 69 above in circumstances where the applicant has not indicated in writing that the apparatus concerned is suitable for use subject to that condition;
(c) the withdrawal of an EC type-examination certificate pursuant to regulation 70 above,
the United Kingdom notified body shall—
(i) give notice in writing to the applicant, or holder of the EC type-examination certificate concerned, as the case may be (“the person concerned”), of the reasons why it proposes to make the unfavourable decision; and
(ii) give the person concerned the opportunity of making representations within a period of 28 days of the notice being given as to why that body should make a favourable decision, and consider any representations which are made by that person within that period.

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Source: https://www.legislation.gov.uk/uksi/2005/281/regulation/71 (the official version)
Page: https://openlegislation.uk/electromagnetic-compatibility-regulations-2005/regulation-71
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.