Regulation 75 Subsidiaries and contractorsF1F2
United Kingdom
An approved body may subcontract specific conformity assessment activities or use a subsidiary to carry out such activities provided—
the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;
the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and
the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.
The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).
Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—
the assessment of the qualifications of the subcontractor or the subsidiary; and
the conformity assessment activity carried out by the subcontractor or subsidiary.
In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006 .
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
Pt. 13 Sub-Pt. C substituted (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. 28 (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2, The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(f)(iii)(iv)); 2020 c. 1, Sch. 5 para. 1(1)