Regulation 17 Duration, variation and termination of designationsE1
England, Wales and Scotland
An approved body designation which designates a person as an approved body for a specified period shall expire in accordance with its terms unless the period so specified is extended or shortened under paragraph (3) before the date on which it had been due to expire.
The Secretary of State may vary any aspect of an approved body designation if—
F3the approved body so requests; or
it appears to the Secretary of State necessary or expedient to do so.
The Secretary of State may terminate an approved body designation—
on the expiry of 90 days' notice in writing at the request of the approved body;
if it appears to the Secretary of State that any condition of the designation is not complied with; or
if the Secretary of State considers that the approved body no longer satisfies the notified body criteria.
Where the Secretary of State is minded to vary an approved body designation in accordance with paragraph (3)(b), or to terminate an approved body designation under paragraph (4)(b) or (c), the Secretary of State shall—
give notice in writing to the approved body of the proposed variation or termination and the reasons for it, stating that the approved body has 21 days from the date of the notice in which to make representations to the Secretary of State in respect of the proposed variation or termination; and
consider any representations received from the approved body in accordance with the notice.
If an approved body designation is terminated under paragraph (4), the Secretary of State may, by notice in writing—
authorise F4another approved body to take over the functions of the approved body whose designation has been terminated in respect of such cases as are specified in the notice; and
give such directions as the Secretary of State considers appropriate (either to the approved body whose designation has been terminated or to another approved body) in respect of an approved body's files or any other matter which the Secretary of State considers expedient for the purposes of ensuring that F5another approved body carries out the functions of an approved body for the existing customers of the notified body whose designation has been terminated.
The activities undertaken as an approved body referred to in paragraph (6) include any activities that the body has undertaken as a UK notified body.
Annotations
Textual amendments
- F1
Words in reg. 17 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. 12 para. 17(a)(i) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in reg. 17 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. 12 para. 17(a)(ii) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 17 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. 12 para. 17(a)(iii) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in reg. 17 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. 12 para. 17(a)(v) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in reg. 17 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. 12 para. 17(a)(iv) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Reg. 17(7) 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. 12 para. 17(b) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(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
Notes on Part 5
Textual amendments
- F1
Pt. 5 heading 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. 12 para. 14 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)