Paragraph 6 E1
England, Wales and Scotland
Evaluation by the F1approved body during production
The manufacturer, or his authorised representative F2..., shall further involve the approved body in the production phase according to one of the following procedures to be chosen by the manufacturer or his authorised representative F3...:
— the approved body shall carry out periodical checks in order to verify continuing compliance of the manufactured equipment with the technical documentation and with the requirements of F4these Regulations; in particular the approved body shall concentrate on:
— the correct and complete marking of the equipment according to F5regulation 7(2)(c), regulation 11 and Schedule 7,
— issuing of the EC declaration of conformity according to F6regulation 7(2)(d) and Schedule 5,
— the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.
The manufacturer, or his authorised representative ..., shall give the approved body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.
Only if the above checks give unsatisfactory results shall the approved body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in F7Schedule 6 and Schedule 6A for the relevant type of equipment,
— the approved body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the approved body, must be examined and appropriate noise tests as set out in Schedule 6 and Schedule 6A, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:
— the correct and complete marking of the equipment according to regulation 7(2)(c), regulation 11 and Schedule 7,
— issuing of the EC declaration of conformity according to regulation 7(2)(d) and Schedule 5.
In both procedures, the frequency of the checks shall be defined by the approved body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.
If there are doubts about the plausibility of the technical documentation or the adherence during production, the approved body shall inform accordingly the manufacturer, or his authorised representative ....
In those cases where equipment checked does not conform to the provisions of these Regulations, the approved body must inform the F8Secretary of State.
Annotations
Textual amendments
- F1
Word in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(i) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Sch. 9 para. 6 omitted (E.W.S.) (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. 8 para. 22(f)(ii) (with Sch. 8 para. 14) (as amended by S.I. 2019/1246, regs. 1(3), 10(c)(iii) and S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Sch. 9 para. 6 omitted (E.W.S.) (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. 8 para. 22(f)(iia) (with Sch. 8 para. 14) (as amended by S.I. 2019/1246, regs. 1(3), 10(c)(i) and S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(iii) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(iv) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(v) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in Sch. 9 para. 6 substituted (E.W.S.) (13.4.2026) by The Noise Emission in the Environment by Equipment for Use Outdoors (Amendment and Transitional) Regulations 2025 (S.I. 2025/1073), regs. 1(1), 2(11)
- F8
Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(vii) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Extent
- E1
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Notes on the whole SI
Textual amendments
- F1
- F2