OpenLegislation

The Radio Equipment Regulations 2017

S.I. 2017/1206 · Made 4 December 2017 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 5 January 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 8 para. 1(1)word omittedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 11(a)
Sch. 8 para. 1(1)(c) and wordinsertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 11(b)

Telecommunications

Made 4th December 2017

Laid before Parliament 5th December 2017

Coming into force 26th December 2017

M1M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to radio equipment.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the European Communities Act 1972.C1

Annotations to the whole text

Marginal citations

M1

S.I. 1999/2788 to which there are amendments not relevant to these Regulations.

M2

1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

M3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

Modifications

C1

Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 9

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation and application
  4. 2ADesignated standard
  5. 3Scope
  6. 4Exception for trade fairs and exhibitions
  7. 5Putting into service and use
  8. Part 2: Obligations of economic operators
  9. Chapter 1: General
  10. 6Essential requirements
  11. 6APower to specify additional essential requirements
  12. Chapter 2: Manufacturers
  13. 7Design and manufacture in accordance with essential requirements
  14. 8Construction must allow operation without infringement of requirements
  15. 9Technical documentation and conformity assessment
  16. 10Declaration of conformity and UK marking
  17. 11Retention of technical documentation and ... declaration of conformity
  18. 12Identification of the radio equipment and manufacturer
  19. 13Instructions and information to be included with the radio equipment
  20. 14Information to be included where there are restrictions on putting into service or requirements for authorisation of use
  21. 15Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity
  22. 16Provision of information and cooperation
  23. 17Compliance procedures for series production
  24. 18Monitoring
  25. 18AProvision of information on compliance of combinations of radio equipment and software
  26. 18BPower to amend R14(2)(b) and specify how information is to be presented
  27. 18CPower to require registration of radio equipment
  28. 19Authorised representatives
  29. Chapter 3: Importers
  30. 20Prohibition on placing on the market radio equipment which is not in conformity
  31. 21Requirements which must be satisfied before an importer places radio equipment on the market
  32. 22Prohibition on placing on the market radio equipment considered not to be in conformity with the essential requirements
  33. 23Information identifying importer
  34. 24Instructions and safety information
  35. 25Storage and transport
  36. 26Monitoring
  37. 27Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity
  38. 28Retention of technical documentation and ... declaration of conformity
  39. 29Provision of information and cooperation
  40. Chapter 4: Distributors
  41. 30Duty to act with due care
  42. 31Requirements which must be satisfied before a distributor makes radio equipment available on the market
  43. 32Prohibition on making available on the market where radio equipment not considered to be in conformity with the essential requirements
  44. 33Storage and transport
  45. 34Duty to take action in respect of radio equipment made available on the market which is not in conformity
  46. 35Provision of information and cooperation
  47. Chapter 5: Importers and distributors
  48. 36Cases in which obligations of manufacturers apply to importers and distributors
  49. 36AObligations which are met by complying with obligations in the Directive
  50. 36BFurther use of UK marking
  51. 36CQualifying Northern Ireland Goods
  52. Chapter 6: All economic operators
  53. 37Translation of declaration of conformity
  54. 38Identification of economic operators
  55. 39Prohibition on improper use of UK marking
  56. 39ARequirement to offer common charger radio equipment without a charging device
  57. Part 3: Conformity assessment
  58. 40Presumption of conformity
  59. 41Conformity assessment procedures
  60. 42Declaration of conformity
  61. 43Simplified ... declaration of conformity
  62. 44UK marking
  63. 44AUK(NI) indication
  64. 44BRegister of notified bodies established in the United Kingdom
  65. 45Technical documentation
  66. Part 4: Notification of conformity assessment bodies Approval of conformity assessment bodies
  67. 46Approved bodies
  68. 47Approval of conformity assessment bodies
  69. 48Presumption of conformity of approved bodies
  70. 49Monitoring
  71. 50Restriction, suspension or withdrawal of approval
  72. 51Operational matters in relation to approved bodies
  73. 52Subsidiaries and contractors
  74. 53Register of approved bodies
  75. 54UK national accreditation body
  76. Part 5: Market surveillance and enforcement
  77. 55Designation of market surveillance authorities
  78. 56Designation of enforcing authorities
  79. 57Enforcement powers
  80. 58Exercise of enforcement powers
  81. 59Evaluation of radio equipment presenting a risk
  82. 60Enforcement action in respect of radio equipment which is not in conformity and which presents a risk
  83. 61EU safeguard procedure
  84. 62Enforcement action in respect of radio equipment which is in conformity, but presents a risk
  85. 63Enforcement action in respect of formal non-compliance
  86. 64Restrictive measures
  87. 65Offences
  88. 66Penalties
  89. 67Defence of due diligence
  90. 68Liability of persons other than principal offender
  91. 69Time limit for prosecution of offences
  92. 70Service of documents
  93. 71Recovery of expenses of enforcement
  94. 72Action by enforcing authority
  95. 73Appeals against notices
  96. 74Appropriate court for appeals against notices
  97. 75Compensation
  98. Part 6: Miscellaneous
  99. 76Review
  100. 76ATransitional provision in relation to EU Exit
  101. 77Transitional provision
  102. 77ATransitional provision for common charger radio equipment
  103. 78Revocations and savings
  104. 79Consequential and other amendments
  105. 80Regulation 80
  106. 81Regulation 81
  107. 82Regulation 82
  108. 83Regulation 83
  109. 84Regulation 84
  110. 85Regulation 85
  111. Signature
  112. Schedule 1: Radio equipment outside the scope of these Regulations
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. 3Paragraph 3
  116. 4Paragraph 4
  117. Schedule 1A: Information in relation to charging capabilities and compatible charging devices
  118. 1Paragraph 1
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. 4Paragraph 4
  122. 5Paragraph 5
  123. Schedule 1B: Label in relation to charging capabilities and compatible charging devices.
  124. 1Paragraph 1
  125. 2Paragraph 2
  126. 3Paragraph 3
  127. 4Paragraph 4
  128. 5Paragraph 5
  129. 6Paragraph 6
  130. Schedule 1C: Pictograms indicating whether a charging device is or is not included with the common charger radio equipment
  131. 1Paragraph 1
  132. 2Paragraph 2
  133. 3Paragraph 3
  134. 4Paragraph 4
  135. 5Paragraph 5
  136. 6Paragraph 6
  137. Schedule 2: Conformity assessment module A
  138. Part: Internal production control
  139. 1Paragraph 1
  140. 2Technical documentation
  141. 3Manufacturing
  142. 4UK marking and ... declaration of conformity
  143. 5Authorised representatives
  144. Schedule 3: Conformity assessment modules B and C
  145. Part: EU-type Type examination and conformity to type based on internal production control
  146. Paragraph
  147. Part: Module B
  148. 1Type examination
  149. 2Paragraph 2
  150. 3Paragraph 3
  151. 4Paragraph 4
  152. 5Paragraph 5
  153. 6Paragraph 6
  154. 7Paragraph 7
  155. 8Paragraph 8
  156. 9Paragraph 9
  157. 10Paragraph 10
  158. Part: Module C
  159. 11Conformity to type based on internal production control
  160. 12Manufacturing
  161. 13UK marking and ... declaration of conformity
  162. 14Authorised representative
  163. Schedule 4: Conformity assessment module H
  164. 1Conformity based on full quality assurance
  165. 2Manufacturing
  166. 3Quality system
  167. 4Surveillance under the responsibility of the approved body
  168. 5UK marking and ... declaration of conformity
  169. 6Paragraph 6
  170. 7Paragraph 7
  171. 8Authorised representative
  172. Schedule 5: Contents of technical documentation
  173. 1Paragraph 1
  174. Schedule 6EU declarationDeclaration of conformity
  175. 1Paragraph 1
  176. 2Paragraph 2
  177. 3Paragraph 3
  178. 4Paragraph 4
  179. 5Paragraph 5
  180. 6Paragraph 6
  181. 7Paragraph 7
  182. 8Paragraph 8
  183. Schedule 7: Simplified EU declaration of conformity
  184. 1Paragraph 1
  185. 2Paragraph 2
  186. 3Paragraph 3
  187. Schedule 8: Notified Approved body requirements
  188. 1Paragraph 1
  189. 2Paragraph 2
  190. 3Paragraph 3
  191. 4Paragraph 4
  192. 5Paragraph 5
  193. 6Paragraph 6
  194. 7Paragraph 7
  195. 8Paragraph 8
  196. 9Paragraph 9
  197. 10Paragraph 10
  198. 11Paragraph 11
  199. 12Paragraph 12
  200. 13Paragraph 13
  201. 14Paragraph 14
  202. 15Paragraph 15
  203. 16Paragraph 16
  204. 17Paragraph 17
  205. Schedule 9: Operational obligations of notified approved bodies
  206. 1Paragraph 1
  207. 2Paragraph 2
  208. 3Paragraph 3
  209. 4Paragraph 4
  210. 5Paragraph 5
  211. 6Paragraph 6
  212. 7Paragraph 7
  213. 8Paragraph 8
  214. 9Paragraph 9
  215. 10Paragraph 10
  216. 11Paragraph 11
  217. 12Paragraph 12
  218. 13Paragraph 13
  219. 14Paragraph 14
  220. Schedule 10: Enforcement and investigatory powers conferred on the enforcing authority and the market surveillance authority
  221. Part 1: Powers
  222. 1Enforcement powers under the 1987 Act
  223. 2Modifications to the 1987 Act
  224. 3Application of Schedule 5 to the Consumer Rights Act 2015
  225. Part 2: Notices
  226. 4Compliance notice
  227. 5Withdrawal notice
  228. 6Recall notice
  229. 7Interpretation
  230. Explanatory note