{
  "url": "https://openlegislation.uk/pressure-equipment-safety-regulations-2016/regulation-61",
  "json_url": "https://openlegislation.uk/pressure-equipment-safety-regulations-2016/regulation-61.json",
  "legislation": "uksi/2016/1105",
  "legislation_title": "The Pressure Equipment (Safety) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/pressure-equipment-safety-regulations-2016",
  "path": "regulation/61",
  "kind": "regulation",
  "number": "61",
  "heading": "Restriction, suspension or withdrawal of approval (user inspectorates)",
  "text": "(1) Where the Secretary of State determines that a user inspectorate—\n(a) no longer meets a user inspectorate requirement, or\n(b) is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 59(b),\nthe Secretary of State must restrict, suspend or withdraw the body's status as a user inspectorate under regulation 53.\n(2) 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.\n(3) 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.\n(4) Before taking action under paragraph (1) or (2) the Secretary of State must—\n(a) give notice in writing to the user inspectorate of the proposed action and the reasons for it;\n(b) 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\n(c) consider any such representations made by the user inspectorate.\n(5) 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—\n(a) 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\n(b) 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.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "E",
      "label": "E1",
      "text": "This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1105/regulation/61",
    "retrieved_at": "2026-10-28T23:18:08.933092+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}