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Regulation 17 Notified bodies

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State may designate for the purposes of Article 16 of the Directive any corporate or other body as a body which is to carry out tasks as part of a procedure mentioned in regulation 7, 8, 9, or 10 and, if she so designates a body, she shall designate the tasks which it is to carry out.

(2)

A body shall be designated under paragraph (1) only if—

(a)

it has applied to be, or agrees to be, so designated; and

(b)

it is a body in respect of which the conditions specified in Annex XI are fulfilled as respects the tasks which it is to carry out.

(3)

The Secretary of State shall withdraw any designation of a body under paragraph (1) if the body so requests or if she considers that it is no longer a body in respect of which the conditions specified in Annex XI are fulfilled as respects the tasks which it is to carry out.

(4)

The Secretary of State may vary the designation of tasks which a notified body is to carry out by—

(a)

limiting or removing the tasks; or

(b)

on the application of the notified body, extending or adding to the tasks.

(5)

The Secretary of State may refuse to designate a body as a notified body, or may withdraw designation of a body as a notified body if it fails to pay any fee or other charge in accordance with regulations made under section 56 of the Finance Act 1973f1 in connection with services provided by the Secretary of State in carrying out her functions as competent authority for the purposes of the Directive.

(6)

Before withdrawing designation under paragraph (3), otherwise than at the notified body’s request, and before effecting a variation under paragraph (4)(a), the Secretary of State shall give to the notified body an opportunity to make representations to her in writing and shall take into account any such representations as are made.

(7)

For the purpose of deciding whether or not a body is one in respect of which the conditions specified in Annex XI are fulfilled as respects the tasks which it carries out or is to carry out, the Secretary of State may arrange for the inspection of—

(a)

any premises occupied, or plant or equipment used, in connection with the carrying out of any such task; or

(b)

any premises occupied, or plant or equipment used, by a manufacturer where the body is a notified body undertaking any task in relation to that manufacturer,

and may take into account for the purposes of her decision any refusal of reasonable facilities for such inspection and the results of any such inspection.

Annotations

Footnotes

f1

1973 c. 51.