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Article 41 Administrative measures

United Kingdom

Original text. Later amendments are not shown.

1.

The national accreditation body may suspend or withdraw the accreditation of a verifier where the verifier does not meet the requirements of this Regulation.

2.

The national accreditation body shall suspend or withdraw the accreditation of a verifier where the verifier so requests.

3.

The national accreditation body shall establish, document, implement and maintain a procedure for the suspension and the withdrawal of the accreditation in line with the harmonised standard referred to in Article 33.

4.

The national accreditation body shall suspend a verifier's accreditation where the verifier has:

(a)

failed to meet the requirements on competence pursuant to Article 22, on procedures for verification activities pursuant to Article 27, on internal verification documentation pursuant to Article 28 or on impartiality and independence pursuant to Article 30;

(b)

breached any other specific terms and conditions laid down by the national accreditation body.

5.

The national accreditation body shall withdraw a verifier's accreditation where:

(a)

the verifier has failed to remedy the grounds for a decision to suspend the accreditation certificate;

(b)

a member of the top management of the verifier has been found guilty of fraud;

(c)

the verifier has intentionally provided false information.

6.

Decisions of a national accreditation body to suspend or withdraw an accreditation in accordance with paragraphs 1, 4 and 5 shall be subject to appeal in accordance with the procedures established by Member States pursuant to Article 5(5) of Regulation (EC) No 765/2008.

7.

Decisions of a national accreditation body to suspend or withdraw accreditation shall take effect upon being notified to the verifier. The national accreditation body shall consider the impact on activities carried out prior to those decisions in the light of the nature of the non-compliance.

8.

The national accreditation body shall terminate the suspension of an accreditation certificate where it has received satisfactory information and concludes that the verifier meets the requirements of this Regulation.