OpenLegislation

Regulation 38D Qualifying Northern Ireland GoodsF1

England, Wales and Scotland

(1)

Where paragraph (2) applies, a vessel is to be treated as being in conformity with Part 2.

(2)

This paragraph applies where—

(a)

a vessel—

(i)

is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii)

is qualifying Northern Ireland goods; and

(b)

an importer has complied with the obligations set out in paragraph (3).

(3)

The obligations referred to in paragraph (2)(b) are that, before placing the vessel on the market, the importer—

(a)

complies with regulation 21;

(b)

ensures that—

(i)

the relevant conformity assessment procedure has been carried out in relation to the vessel, in accordance with Part 3, as that Part applies in Northern Ireland;

(ii)

the manufacturer has drawn up the technical documentation; and

(iii)

the vessel bears the CE marking.

(4)

In this regulation—

  • “CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

  • “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

  • “technical documentation” means the documentation referred to in paragraph 2(2)(c) of Part 1 of Schedule 2 to these Regulations, as that Schedule applies in Northern Ireland. 

Annotations

Textual amendments

F1

Regs. 38A-38D inserted (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. 21 para. 24 (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(6)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on the whole SI

Textual amendments

F1

S.I. 1989/1327.

F2

1972 c.68. Section 2(2) was amended by section 27(1)(a) 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).

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.