Regulation 26 Effect of declarations of conformity or suitability for useF4

(1)

An interoperability constituent in relation to which F1a UK declaration of conformity or suitability for use F2or an EC declaration of conformity or suitability for use which satisfies the criteria set out in regulation 23(2)(a) or (b) has been drawn up is presumed for the purpose of these Regulations to—

(a)

meet such of the essential requirements as relate to an interoperability constituent of that type; and

(b)

conform to the applicable F3NTSN,

unless there are reasonable grounds for believing that it does not so conform.

(2)

The presumption set out in paragraph (1) does not apply where a person fails or refuses to make available to the Safety Authority the documentation which the person is required to retain by any of the procedures for assessing the conformity or suitability for use of that interoperability constituent or a copy of that documentation.

Annotations

Textual amendments

F1: Words in reg. 26(1) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(31)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 26(1) inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(31)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in reg. 26(1)(b) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(31)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in reg. 26 heading substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(31)(a); 2020 c. 1, Sch. 5 para. 1(1)