Regulation 61 Restriction, suspension or withdrawal of approval (user inspectorates)F1E1
England, Wales and Scotland
Where the Secretary of State determines that a user inspectorate—
no longer meets a user inspectorate requirement, or
is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 59(b),
the Secretary of State must restrict, suspend or withdraw the body's status as a user inspectorate under regulation 53.
Where the Secretary of State determines that a user inspectorate no longer meets a condition referred to in regulation 59(b), the Secretary of State may restrict, suspend or withdraw the body's status as a user inspectorate under regulation 53.
In deciding what action is required under paragraph (1) or (2) the Secretary of State must have regard to the seriousness of the non-compliance.
Before taking action under paragraph (1) or (2) the Secretary of State must—
give notice in writing to the user inspectorate of the proposed action and the reasons for it;
give the user inspectorate an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and
consider any such representations made by the user inspectorate.
Where the Secretary of State has taken action in respect of a user inspectorate under paragraph (1) or (2), or where a user inspectorate has ceased its activity, the user inspectorate must at the request of the Secretary of State—
transfer its files relating to the activities it has undertaken as a user inspectorate to an approved body, a recognised third party organisation or to the Secretary of State, or
keep its files relating to the activities it has undertaken as a user inspectorate available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.
Annotations
Textual amendments
- F1
Pt. 4 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. 24 para. 35 (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, reg. 1, Sch. 1 para. 1(m)); 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