Regulation 46 Appointment of authorised representative by written mandateF1
A manufacturer may, by written mandate, appoint a person F2established in the United Kingdom as their authorised representative to perform specified tasks on the manufacturer’s behalf.
The mandate must allow the authorised representative to do at least the following in relation to a civil explosive covered by the mandate—
perform the manufacturer’s obligations under regulation 42 (retention of technical documentation and F3... declaration of conformity); and
perform the manufacturer’s obligations under regulation 54 (provision of information and cooperation).
A manufacturer must not delegate the performance of their functions under regulation 39 (design and manufacture in accordance with essential safety requirements) and regulation 40 (technical documentation and conformity assessment) to an authorised representative.
An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under this Part that the authorised representative is appointed by the manufacturer to perform and, accordingly—
as far as those duties are concerned, references in this Part (except in this regulation) to the manufacturer are to be taken as including a reference to the authorised representative; and
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.
A manufacturer who has appointed an authorised representative to perform on their behalf an obligation under this Part remains responsible for the proper performance of that obligation.
Annotations
Textual amendments
- F1
Pt. 13 (regs. 39-77) substituted for Pt. 13 (regs. 39-42) (and therefore original regs. 43, 44 renumbered as new regs. 78, 79, new reg. 80 substituted for original reg. 45 and original regs. 46-49 renumbered as new regs. 81-84) (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 7, 8, 9 (with regs. 2(1), 15)
- F2
Words in reg. 46(1) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 12(a) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in reg. 46(2)(a) omitted (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. 16 para. 12(b) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)