Paragraph 29 Amendment to Schedule 2 Part 9 Annex IXI1

England, Wales and Scotland

(1)

Schedule 2 Part 9 (EC type-examinations) is amended as follows.

(2)

In the heading for “EC type-” substitute “ Type- ”.

(3)

In the introductory paragraph—

(a)

for “EC type-” substitute “ Type- ”;

F1(aa)

for “a notified” substitute “ an approved ”;

(b)

for “the Directive” substitute “ these Regulations ”.

(4)

In point 2—

(a)

for “an EC type-” substitute “ a Type- ”;

(b)

for “a notified” substitute “ an approved ”;

(c)

in each place in which it occurs (other than that referred to in sub-paragraph (b)) for “notified” substitute “ approved ”.

(5)

In point 3 for “notified” substitute “ approved ”.

(6)

In points 3.2 and 3.3 for “published harmonised” substitute “ designated ”.

(7)

In point 4—

(a)

for “the Directive” substitute “ these Regulations ”;

(b)

in both places in which it occurs for “notified” substitute “ approved ”;

(c)

for “an EC type-” substitute “ a Type- ”.

(8)

For point 5 substitute—

“5
If the type does not satisfy the provisions of these Regulations, the approved body shall refuse to issue the applicant with a Type-examination certificate, giving detailed reasons for its refusal. It shall inform the applicant, the other approved bodies and the Secretary of State. An appeal procedure must be available.”.

(9)

In point 6—

(a)

in both places in which it occurs for “notified” substitute “ approved ”;

(b)

in both places in which it occurs for “EC type-” substitute “ Type- ”.

(10)

In point 7—

(a)

for “Commission, the Member States” substitute “ Secretary of State ”;

(b)

for “Commission and the Member States” substitute “ Secretary of State ”;

(c)

in both places in which it occurs for “notified” substitute “ approved ”;

(d)

for “EC type-” substitute “ Type- ”.

(11)

For the text in point 8 substitute—

“8
Files and correspondence referring to the Type-examination procedures shall be written in English or any other language acceptable to the approved body.”.

(12)

In point 9, 9.1, the first paragraph of 9.3 and 9.4 for “EC type-” substitute “ Type- ”.

(13)

In F2... each place in which it occurs in point F3points 9.1 and 9.3, for “notified” substitute “ approved ”.

Annotations

Textual amendments

F1: Sch. 12 para. 29(3)(aa) inserted (31.12.2020 immediately before IP completion day) by The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(3), 11(c); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Sch. 12 para. 29(13) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(3), 11(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Sch. 12 para. 29(13) substituted (31.12.2020 immediately before IP completion day) by The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(3), 11(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Sch. 12 para. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1