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Regulation 36 Private importersI1E1

England, Wales and Scotland

(1)

If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—

(a)

the product has been designed and manufactured in accordance with the essential requirements; and

(b)

the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—

(i)

regulation 9 (technical documentation and conformity assessment);

(ii)

regulation 10 F1(declaration of conformity and UK marking);

(iii)

regulation 11 (duty of manufacturers to retain technical documentation and F2... declaration of conformity); and

(iv)

regulation 22 (instructions and safety information).

(2)

A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).

(3)

Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.

(4)

The private importer must ensure that the name and postal address of the F3approved body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.

Annotations

Textual amendments

F1

Words in reg. 36(1)(b)(ii) 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. 28 para. 20(a)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in reg. 36(1)(b)(iii) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 20(a)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in reg. 36(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. 28 para. 20(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 36 in force at 3.8.2017, see reg. 1

Extent

E1

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only