Regulation 51 Eligibility
Subject to paragraph (2) below, any person resident, incorporated, or carrying on an undertaking in the United Kingdom shall be eligible for appointment as a United Kingdom notified body.
The criteria listed in Schedule 6 hereto (being the minimum criteria listed in Annex V to the TTE Directive to be taken into account by member States when designating notified bodies in accordance with article 10.1) (“the minimum criteria”) must be satisfied in relation to any person if that person is to be appointed or remain a United Kingdom notified body, and accordingly the Secretary of State shall not—
make an appointment under regulation 50(1) above unless he is satisfied that the person concerned meets the minimum criteria; or
authorise under regulation 50(3) the appointment to have effect in relation to any description of applicable terminal equipment unless he is satisfied that the body meets the minimum criteria in respect of that description of equipment.
A person who complies with the assessment criteria fixed by a standard which is a relevant harmonized standard for the purposes of Article 10.1 of the TTE Directive shall be presumed to satisfy the minimum criteria.
An appointment under regulation 50 may be subject to the condition that only a defined part of the undertaking of the appointed person may exercise the functions of a notified body, and where an appointment is, or is to be, subject to such a condition—
a reference in these Regulations to a notified body shall be construed in relation to that person as a reference to the part of that person’s undertaking so defined; and
the conditions of the appointment shall include provision for ensuring that the confidentiality of confidential information held by the part of the undertaking so defined in pursuance of its function as a United Kingdom notified body is protected from disclosure to other parts of the undertaking.
Upon the expiry of an appointment under regulation 50, the United Kingdom notified body shall be eligible for re-appointment.