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Regulation 9 Designation of bodies to exercise functions under the Regulations

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

(1)

On application made by the body, the Secretary of State may, for the purposes of article 8 of the Directive, designate one or more bodies of persons ( “approved bodies”) which appear to him to satisfy the criteria set out in Annex V of the Directive—

(a)

to examine and evaluate a quality system in respect of instruments and to carry out EC surveillance; and

(b)

being a local weights and measures authority, to carry out EC verification and to affix the EC mark of conformity in respect of instruments.

(2)

Any such approval—

(a)

may be given for an unlimited period, or for a specified period, or for specified purposes; and

(b)

may be given subject to conditions (including conditions which are to apply upon or following withdrawal of the approval).

(3)

The Secretary of State may withdraw an approval if—

(a)

the body so requests; or

(b)

the body ceases to satisfy the criteria specified in the said Annex V of the Directive; or

(c)

the body ceases to comply with any such condition.

(4)

In a case where the Secretary of State—

(a)

refuses an application for designation under paragraph (1) above or imposes any condition more onerous than those proposed by the body; or

(b)

withdraws an approval under paragraph (3)(b) or (c) above,

he shall inform the body of the grounds for the refusal, imposition of that condition or withdrawal of approval, as the case may be.

(5)

If for any reason an approved body ceases to be an approved body under thisregulation, the Secretary of State may designate another approved body to take over its functions in respect of such cases as he may specify.

(6)

All local weights and measures authorities are hereby designated to do all such things as may be required or permitted to be done under these Regulations by an authorised person.