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The Telecommunications Terminal Equipment Regulations 1992

S.I. 1992/2423 · Made 11 October 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TELECOMMUNICATIONS

Made 11th October 1992

Laid before Parliament 14th October 1992

Coming into force 6th November 1992

The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to the approval of telecommunications terminal equipment, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1989/1327.

f2

1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, with section 32(7) and (9) of the Magistrates' Courts Act 1980 (c. 43), S.I. 1984/447 and section 17(2) of the Criminal Justice Act 1991 (c. 53), as regards Scotland, with section 289B(4) and (6) of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c. 45) and amended by section 55(2) of the Criminal Justice Act 1982 (c. 48), S.I. 1984/526 and the said section 17(2) of the Criminal Justice Act 1991 and as regards Northern Ireland, with S.I. 1984/703 (N.I. 3) and S.I. (N.I.) 1984 No. 253.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Disapplication of legislation to telecommunications terminal equipment and consequential modification of approvals thereunder and of telecommunication system licences
  4. 3Interpretation
  5. 4Terminal equipment
  6. 5Essential requirements
  7. 6Application and transitional provisions
  8. Part II: GENERAL REQUIREMENTS
  9. 7General duty for applicable terminal equipment
  10. 8Requirements for supply, putting into service and connection of applicable terminal equipment to a public telecommunications network
  11. 9Conformity assessment requirements
  12. 10Connection marking requirements
  13. 11Retention of documentation
  14. 12General duty for terminal equipment not intended for connection
  15. Part III: THE EC TYPE-EXAMINATION PROCEDURE
  16. 13Application of Part III
  17. 14The EC type-examination procedure
  18. 15The conformity assessment requirements pursuant to the EC type-examination procedure
  19. EC type-examination
  20. 16EC type-examination
  21. 17Application for EC type-examination
  22. 18EC type-examination by a United Kingdom notified body
  23. 19EC type-examination certificates issued by United Kingdom notified bodies
  24. 20Modifications to the approved type
  25. 21Additional approvals issued by United Kingdom notified bodies
  26. 22Variation of EC type-examination certificates and additional approvals issued by United Kingdom notified bodies
  27. 23Withdrawal of EC type-examination certificates and additional approvals
  28. Conformity to type
  29. 24The conformity to type part of the procedure
  30. 25Manufacturer’s duty
  31. 26Product check procedure
  32. Production quality assurance
  33. 27The production quality assurance part of the procedure
  34. 28Manufacturer’s duty
  35. 29Application for approval of a production quality assurance quality system
  36. 30Requirements for the approval of quality systems by a United Kingdom notified body
  37. 31Assessment of quality systems by a United Kingdom notified body
  38. 32Manufacturer’s undertaking
  39. 33Modifications to quality systems
  40. 34Surveillance procedure
  41. 35Withdrawal and compulsory modification of approved quality systems
  42. Final provisions
  43. 36EC declaration of conformity to type where equipment submitted for approval in the United Kingdom
  44. 37Interpretation
  45. Part IV: EC DECLARATION OF CONFORMITY PROCEDURE
  46. 38Application of Part IV
  47. 39The conformity assessment requirements pursuant to the EC declaration of conformity procedure
  48. Full quality assurance
  49. 40Manufacturer’s duty
  50. 41Application for approval of a quality system
  51. 42Requirements for the approval of quality systems by a United Kingdom notified body
  52. 43Assessment of quality systems by a United Kingdom notified body
  53. 44Manufacturer’s undertaking
  54. 45Modifications to approved quality systems
  55. 46Surveillance procedure
  56. 47Withdrawal and compulsory modification of approved quality systems
  57. Final provisions
  58. 48EC declaration of conformity to type where quality system approved by a United Kingdom notified body
  59. 49Interpretation
  60. Part V: UNITED KINGDOM NOTIFIED BODIES
  61. 50Appointment
  62. 51Eligibility
  63. 52Termination of appointment and transfer of functions
  64. 53Power of United Kingdom notified body to charge fees
  65. 54Procedure where United Kingdom notified body is minded to make a decision unfavourable to the manufacturer
  66. 55Information to other notified bodies
  67. 56Administrative requirements
  68. Part VI: RECOGNISED TEST LABORATORIES
  69. 57Recognised test laboratories, designated test laboratories and third country relevant bodies
  70. 58Designation of United Kingdom designated test laboratories
  71. 59Termination of designation
  72. 60Tests and assessments carried out by recognised test laboratories
  73. Part VII: ENFORCEMENT
  74. Enforcement authorities and powers
  75. 61Enforcement authorities
  76. 62Test purchases
  77. 63Powers of search etc
  78. 64Provisions supplemental to regulation 63
  79. 65Appeals against detention of equipment
  80. 66Prohibition notices
  81. 67Suspension notices
  82. 68Appeals against suspension notices
  83. 69Power to require production of documents and information etc.
  84. Offences
  85. 70Supplying, putting into service, connecting or permitting to remain connected equipment in contravention of regulation 8 or 12
  86. 71Contravention of prohibition notice or suspension notice
  87. 72False or misleading information
  88. 73Misuse of the CE mark etc.
  89. 74Obstruction etc of officers of the enforcement authority etc.
  90. 75Failure to retain documentation
  91. 76Defence of due diligence
  92. 77Liability of persons other than the principal offender
  93. 78Extension of time for bringing summary proceedings
  94. 79Inference of condition of equipment at time of supply or putting into service
  95. Powers of the court
  96. 80Penalties
  97. 81Power of the court to require matter to be remedied
  98. 82Forfeiture: England and Wales and Northern Ireland
  99. 83Forfeiture: Scotland
  100. 84Recovery of expenses of enforcement
  101. Part VIII: MISCELLANEOUS AND SUPPLEMENTAL
  102. 85Restrictions on disclosure of information
  103. 86Service of documents etc.
  104. 87Duty of enforcement authority to inform the Secretary of State of action taken
  105. 88Savings for certain privileges
  106. 89Savings for action taken under other enactments
  107. Signature
  108. Schedule 1ORDERS MADE UNDER SECTIONS 28 AND 29 OF THE 1984 ACT IMPOSING CERTAIN REQUIREMENTS RELATING TO THE MARKING, LABELLING AND ADVERTISEMENT OF TELECOMMUNICATION APPARATUS WHICH CEASE TO APPLY TO APPLICABLE TERMINAL EQUIPMENT ON 6TH NOVEMBER 1992
  109. Schedule 2THE CE MARK
  110. Schedule 3FORM OF THE NOTIFIED BODY SYMBOL AND THE CONNECTION SYMBOL
  111. Schedule 4FORM OF THE NON-CONNECTION SYMBOL
  112. Schedule 5MODEL OF THE INTENDED PURPOSE DECLARATION FOR CONNECTION-CAPABLE EQUIPMENT AND RADIO CONNECTION-CAPABLE EQUIPMENT
  113. Schedule 6MINIMUM CRITERIA TO BE SATISFIED BY UNITED KINGDOM NOTIFIED BODIES
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. 5Paragraph 5
  119. 6Paragraph 6
  120. 7Paragraph 7
  121. Schedule 7: PROHIBITION NOTICES
  122. 1Paragraph 1
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Paragraph 4
  126. 5Paragraph 5
  127. 6Paragraph 6
  128. 7Paragraph 7
  129. Explanatory note