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Regulation 53 Power of United Kingdom notified body to charge fees

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraphs (2) to (4) below, a United Kingdom notified body may charge applicants such fees in connection with, or incidental to, the exercise of any of its powers as the body may determine; and such fees may include an amount on account of profit which is reasonable in the circumstances having regard to—

(a)

the character and extent of the work done or to be done by the body in the determination of such applications; and

(b)

the commercial rate normally charged on account of profit for that work or similar work.

(2)

The power in paragraph (1) above includes, except in relation to surveillance, power to require the payment of fees or a reasonable estimate thereof with the application.

(3)

Without prejudice to the generality of regulation 50(2) above, the conditions to which an appointment under regulation 50(1) may be subject may include a requirement to publish from time to time the scale of fees which the United Kingdom notified body charges pursuant to this regulation, or such information about the basis of calculation thereof as may be specified in the condition.

(4)

Where a United Kingdom notified body carries out product checks or surveillance, in a case where the fees remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, that body shall have power to suspend—

(a)

in the case of the conformity to type product check procedure, the EC type-examination certificate or additional approval, as the case may require;

(b)

in the case of the production quality assurance surveillance procedure, the EC type-examination certificate or additional approval, as the case may require, and the approval for the production quality assurance approved quality system; and

(c)

in the case of the full quality assurance surveillance procedure, the approval for the full quality assurance approved quality system,

by 14 days notice in writing that, unless the fees are paid before the expiry of the notice, the certificate or approval, as the case may be, shall be suspended until payment of the fees has been received, and, where that body is not the notified body which issued the certificate or approval, it shall notify in writing the notified body which issued it of any suspension which takes effect.