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The Recreational Craft Regulations 2017 in Northern Ireland

S.I. 2017/737 · Made 11 July 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 1 October 2024.

See the changes not yet applied
ProvisionChangeMade by
Sch. 11 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. 10(a)
Sch. 11 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. 10(b)

Consumer Protection

Made 11th July 2017

Laid before Parliament 12th July 2017

Coming into force 3rd August 2017

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in respect of measures relating to craft intended for recreational purposes.

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.C1

The Secretary of State, in exercise of the powers conferred by section 2(2) of and paragraph 1A of Schedule 2f3 to the European Communities Act 1972, makes the following Regulations.

Annotations to the whole text

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. 10

Footnotes

f1

S.I. 1995/2983.

f2

1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

f3

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.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 3Scope
  4. 4Exclusions
  5. 5Exhibition at trade fairs
  6. Part 2: PLACING PRODUCTS ON THE MARKET
  7. 6Essential requirements
  8. Chapter MANUFACTURERS
  9. 8Duty to ensure products comply with the essential requirements
  10. 9Technical documentation and conformity assessment
  11. 11Duty of manufacturers to retain technical documentation and EU declaration of conformity
  12. 13Duty of manufacturers to ensure products are labelled
  13. 14Duty to provide information
  14. 17Provision of information and co-operation
  15. Chapter IMPORTERS
  16. 18Prohibition on placing products on the market
  17. 20Duty not to place a product on the market where an importer suspects that it is not in conformity
  18. 23Storage and transport
  19. 25Duty of importers to retain technical documentation and EU declaration of conformity
  20. 26Provision of information and co-operation
  21. Chapter DISTRIBUTORS
  22. 27Duty to act with due care
  23. 30Storage and transport
  24. 32Provision of information and co-operation
  25. Chapter IMPORTERS AND DISTRIBUTORS
  26. 33Cases in which the obligations of manufacturers apply to importers and distributors
  27. Chapter MANUFACTURERS AND IMPORTERS
  28. 34Monitoring
  29. 35Translation of EU declaration of conformity
  30. Chapter PRIVATE IMPORTERS AND ECONOMIC OPERATORS
  31. 37Identification of economic operators
  32. 38Obligations on private importers to identify economic operators
  33. Chapter AUTHORISED REPRESENTATIVES
  34. Chapter MISCELLANEOUS
  35. Part 3: CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES
  36. 43Duty to carry out the post construction assessment
  37. 48Requirements of the post-construction assessment
  38. Chapter SUPPLEMENTARY REQUIREMENTS FOR CERTAIN CONFORMITY
  39. 49Conformity assessments carried out under Module B (EU-type examination)
  40. 54AUK(NI) indication
  41. 54BRegister of notified bodies established in the United Kingdom
  42. Part 5: MARKET SURVEILLANCE AND ENFORCEMENT
  43. 65Designation of market surveillance authorities
  44. 66Enforcement
  45. 67Enforcement powers
  46. 68Evaluation of a product presenting a risk
  47. 70EU Safeguard procedure
  48. 72Restrictive measures
  49. 73Offences
  50. 74Penalties
  51. 74APenalty in relation to the UK(NI) indication
  52. 75Defence of due diligence
  53. 76Liability of persons other than the principal offender
  54. 77Service of documents
  55. 78Recovery of expenses of enforcement
  56. 79Action by enforcing authority
  57. 80Appeals against notices
  58. 81Appropriate court for appeals against notices
  59. 82Time limit for commencement of proceedings
  60. 83Compensation
  61. 83APower to amend Schedules
  62. 83BPower to make provision for application of conformity assessments and of Schedule 1
  63. Part 6: MISCELLANEOUS
  64. 84Amendment to the Consumer Rights Act 2015
  65. 85Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
  66. 86Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  67. 87Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  68. 89Transitional provisions
  69. 90Revocations and savings
  70. Signature
  71. Schedule 1(Annex I of the Directive)
  72. Schedule 2(Annex II of the Directive)
  73. Schedule 3(Annex III of the Directive)
  74. Schedule 4(Annex IV of the Directive)
  75. Schedule 5(Annex V of the Directive)
  76. Schedule 6(Annex VI of the Directive)
  77. Schedule 7(Annex VII of the Directive)
  78. Schedule 8(Annex VIII of the Directive)
  79. Schedule 9(Annex IX of the Directive)
  80. Schedule 10: EU-type examination Repealed
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. Schedule 11: Requirements of notified bodiesRequirements of approved bodies
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 8Paragraph 8
  93. 9Paragraph 9
  94. Schedule 12: Operational requirements of notified bodies Operational requirements of approved bodies
  95. 2Paragraph 2
  96. Schedule 13: Enforcement and investigatory powers conferred on the market surveillance authority
  97. 1Enforcement powers under the 1987 Act
  98. 2Modifications to the 1987 Act
  99. Schedule 14: Compliance notices, withdrawal notices and recall notices
  100. 1Compliance notice
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Withdrawal notice
  106. 7Paragraph 7
  107. 8Paragraph 8
  108. 9Paragraph 9
  109. 10Paragraph 10
  110. 11Paragraph 11
  111. 12Paragraph 12
  112. 13Recall notice
  113. 14Paragraph 14
  114. 15Paragraph 15
  115. 16Paragraph 16
  116. 17Paragraph 17
  117. 18Paragraph 18
  118. 19Paragraph 19
  119. 20Paragraph 20
  120. 21Paragraph 21
  121. 22Paragraph 22
  122. 23Paragraph 23
  123. 24Paragraph 24
  124. 25Interpretation
  125. Part MODULE A: Internal production control
  126. 1Internal production control
  127. 2Technical documentation
  128. 3Manufacturing
  129. 4UK marking and declaration of conformity
  130. Part MODULE A1: Internal production control plus supervised product testing
  131. 1Internal production control plus supervised product testing
  132. 2Technical documentation
  133. 3Manufacturing
  134. 4Product checks
  135. 5UK marking and declaration of conformity
  136. Part MODULE B: Type examination
  137. 1Type examination
  138. 2How type examination must be carried out, etc.
  139. 3Application for type examination
  140. 4Examination, etc. by approved body
  141. 5Evaluation report
  142. 6Type examination certificate
  143. 7Changes
  144. 8Approved body's duties in respect of type examination certificates
  145. 9Manufacturer's duties in respect of type examination certificates
  146. Part MODULE C: Conformity to type based on internal production control
  147. 1Conformity to type based on internal production control
  148. 2Manufacturing
  149. 3UK marking and declaration of conformity
  150. Part MODULE C1: Conformity to type based on internal production control plus supervised product testing
  151. 1Conformity to type based on internal production control plus supervised product testing
  152. 2Manufacturing
  153. 3Product checks
  154. 4UK marking and declaration of conformity
  155. Part MODULE D: Conformity to type based on quality assurance of the production process
  156. 1Conformity to type based on quality assurance of the production process
  157. 2Manufacturing
  158. 3Quality system
  159. 4Surveillance under the responsibility of the approved body
  160. 5UK marking and declaration of conformity
  161. 6Manufacturer's duty to keep application, etc.
  162. 7Approved body's duties in respect of quality system approvals
  163. Part MODULE E: Conformity to type based on product quality assurance
  164. 1Conformity to type based on product quality assurance
  165. 2Manufacturing
  166. 3Quality system
  167. 4Surveillance under the responsibility of the approved body
  168. 5UK marking and declaration of conformity
  169. 6Manufacturer's duty to keep application, etc.
  170. 7Approved body's duties in respect of quality system approvals
  171. Part MODULE F: Conformity to type based on product verification
  172. 1Conformity to type based on product verification
  173. 2Manufacturing
  174. 3Verification
  175. 4Verification of conformity by examination and testing of every product
  176. 5Statistical verification of conformity
  177. 6UK marking and declaration of conformity
  178. 7Affixing of approved body's identification number during manufacturing process
  179. 8Authorised representative
  180. Part MODULE G: Conformity based on unit verification
  181. 1Conformity based on unit verification
  182. 2Technical documentation
  183. 3Manufacturing
  184. 4Verification
  185. 5UK marking and declaration of conformity
  186. Part MODULE H: Conformity based on full quality assurance
  187. 1Conformity based on full quality assurance
  188. 2Manufacturing
  189. 3Quality system
  190. 4Surveillance under the responsibility of the approved body
  191. 5UK marking and declaration of conformity
  192. 6Manufacturer's duty to keep application, etc.
  193. 7Approved body's duties in respect of quality system approvals
  194. Explanatory note