# The Supply of Machinery (Safety) Regulations 2008, Regulation 16B: Approved body designation


(1) The Secretary of State may only designate a person to carry out conformity assessment if that person qualifies for approval.
(2) A person qualifies for approval if the Secretary of State—
(a) is satisfied that the person meets the criteria specified in Annex XI (Part 11 of Schedule 2) (“approved body criteria”); and
(b) makes a designation in respect of that person (an “approved body designation”).
(3) Where a person meets the assessment criteria laid down in a designated standard (or part of such a standard) the Secretary of State is to presume that the person meets the approved body criteria covered by that standard (or that part of that standard).
(4) Where the Secretary of States makes an approved body designation, that designation—
(a) must be in writing;
(b) must specify the conformity assessment procedures that the person designated may carry out;
(c) may relate to all the categories of machinery listed in Annex IV (Part 4 of Schedule 2) or to such of those categories as are specified in the designation;
(d) may designate a person for a specified period; and
(e) may be made subject to such other conditions as are specified in the designation, including conditions which are to apply upon or following termination of the designation.
(5) In making an approved body designation the Secretary of State may have regard (in addition to the approved body criteria) to any other matter which appears to the Secretary of State to be relevant.
(6) Where an approved body was a UK notified body immediately before IP completion, an “approved body designation” means a notified body designation within the meaning of regulation 16(2) and (4) of these Regulations, as they had effect immediately before IP completion.

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Source: https://www.legislation.gov.uk/uksi/2008/1597/regulation/16B (the official version)
Page: https://openlegislation.uk/supply-of-machinery-safety-regulations-2008/regulation-16B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.