# The Supply of Machinery (Safety) Regulations 1992, Regulation 18: United Kingdom approved bodies


(1) The Secretary of State may from time to time appoint such qualified persons as he thinks fit to be United Kingdom approved bodies for the purposes of these Regulations.
(2) An appointment—
(a) may relate to all descriptions of Schedule 4 machinery or such descriptions (which may be framed by reference to any circumstances whatsoever) of Schedule 4 machinery as the Secretary of State may from time to time determine;
(b) may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
(c) shall, without prejudice to the generality of sub-paragraph (b) above, require that body, subject to paragraph (4) below—
(i) to acknowledge receipt of technical files submitted to it for retention pursuant to regulation 14(1)(a) above;
(ii) to carry out the required procedures in respect of the provision of certificates of adequacy at the request of responsible persons in accordance with regulation 20 below; and
(iii) to carry out EC type-examinations of examples of Schedule 4 machinery submitted to it or, where appropriate, made available for examination, in accordance with regulation 21 below;
(d) shall be terminated—
(i) if it appears to the Secretary of State that the approved body is no longer a qualified person; or
(ii) upon 90 days' notice in writing to the Secretary of State, at the request of the approved body; and
(e) may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
(3) Subject to paragraph (2)(d) and (e) above, an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
(4) A United Kingdom approved body shall not be required to carry out the functions referred to in paragraph (2)(c) above where—
(a) the documents submitted to it (other than the instructions for the machinery) in relation to carrying out such functions are not in English or another language acceptable to that body;
(b) the responsible person has not submitted with its application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 19 below; or
(c) the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to carry out the required work within 3 months of receiving the application.
(5) If for any reason the appointment of an approved body is terminated under this regulation, the Secretary of State may authorise another United Kingdom approved body to take over its functions in respect of such cases as he may specify.
(6) In this regulation—
“qualified person” means a person (which may include the Secretary of State) who meets the minimum criteria; and
“minimum criteria” means the criteria set out in Annex VII of the Machinery Directive (minimum criteria to be taken into account by member States for the notification of bodies).

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Source: https://www.legislation.gov.uk/uksi/1992/3073/regulation/18 (the official version)
Page: https://openlegislation.uk/supply-of-machinery-safety-regulations-1992/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

