Regulation 38 Appointment of an authorised representativeE1

England, Wales and Scotland

(1)

A manufacturer may, by written mandate, appoint a person F1established in the United Kingdom as their authorised representative to perform specified tasks on the manufacturer's behalf.

(2)

The mandate must allow the authorised representative to do at least the following in relation to apparatus covered by the mandate—

(a)

perform the manufacturer's obligations under regulation 11 (retention of technical documentation and F2... declaration of conformity);

(b)

perform the manufacturer's obligations under regulation 16 (provision of information and co-operation).

(3)

The mandate must not include the obligations contained in—

(a)

regulation 8 (duty to ensure apparatus complies with the essential requirements); or

(b)

regulation 9 (technical documentation and conformity assessment).

(4)

A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, a task under these Regulations remains responsible for the proper performance of that task.

(5)

An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly—

(a)

as far as those duties are concerned, a reference in these Regulations to the manufacturer (except in this regulation) is to be taken as including a reference to the authorised representative; and

(b)

if the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.

Annotations

Textual amendments

F1: Words in reg. 38(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 23(a) (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in reg. 38(2)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 23(b) (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1: This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only