OpenLegislation

Regulation 8 Suspension and withdrawal of EEC type-examination certificate

Original text. Later amendments are not shown.

(1)

If the approved body, after checking any FOPS under regulation 7 of the same type as that in respect of which an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland is in force, or after receipt of a report from an approved other body made at the request of the approved body, is satisfied that such FOPS has not been manufactured to conform with the EEC type-examination requirements in respect of such FOPS or if not all the requirements of the Special Directive have been fulfilled, the approved body shall give notice of that fact to the holder of that EEC type-examination certificate and such notice shall specify—

(a)

the respects in which the FOPS has not been manufactured so as to conform with the EEC type-examination requirements in respect of it or the requirements of the Special Directive have not been fulfilled;

(b)

that unless steps are taken which ensure that such a FOPS does so conform or such requirements are so fulfilled within a specified period the certificate will be temporarily suspended or will be withdrawn; and

(c)

if the approved body thinks fit, that the certificate will be temporarily suspended immediately.

(2)

If the approved body decides to suspend or withdraw an EEC type-examination certificate it shall immediately give notice of the decision to the holder of the certificate and to the Secretary of State.

(3)

A notice to a holder of an EEC type-examination certificate of suspension or withdrawal under paragraph (1) above or of suspension or withdrawal under paragraph (2) shall specify the date on which the suspension or withdrawal is to take effect and shall specify the grounds for the decision and shall inform the holder of the certificate of his right to apply for a review of the decision under regulation 9.

(4)

The suspension or withdrawal of an EEC type-examination certificate shall not affect the validity of any certificate of conformity or EEC mark issued or placed on a FOPS under regulation 6 or under the law of Northern Ireland.