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Regulation 12 EC unit verification

Original text. Later amendments are not shown.

(1)

Subject to paragraphs (4) and (5) below, an application for EC unit verification shall be made in writing to the Secretary of State by the manufacturer or his authorised representative established in the Community; and each application shall be accompanied by the design documentation relating to the instrument.

(2)

Where the Secretary of State is satisfied, on application made to him under paragraph (1) above and after carrying out, or after having had carried out, the appropriate examinations and tests, that the instrument (if properly installed and used for the purposes for which it is intended) satisfies the provisions of the Directive that apply to it, the Secretary of State shall affix to each instrument—

(a)

the EC mark of conformity;

(b)

his identification symbol; and

(c)

the sticker by way of confirmation that the instrument may be used for a Schedule 3 application,

in accordance with regulation 18.

(3)

Where the Secretary of State, after carrying out his duties under paragraph (2) above, refuses to affix an EC mark of conformity or sticker to any instrument under that paragraph he shall in writing inform the applicant of his decision and of the grounds for his decision.

(4)

In the case of an instrument—

(a)

to which the EC mark of conformity, identification symbol and sticker have been affixed; and

(b)

to which a disqualification sticker has been affixed under regulation 24, 25 or 27 or under any corresponding provision in the law of a member State other than the United Kingdom,

the foregoing provisions of this regulation shall have effect as modified under paragraph (5) below.

(5)

In a case to which paragraph (4) above applies an application under paragraph (1) above may be made by any person established in the Community and—

(a)

in paragraph (1) above, the words after the semi-colon shall not have effect; and

(b)

in paragraph (2) above, for the words “the Secretary of State shall affix” to the end there shall be substituted the words

  • “the Secretary of State shall affix—

    1. (i)

      the re-qualification sticker; and

    2. (ii)

      his identification symbol,

    in accordance with regulation 18.” .