Regulation 6 Exceptions in respect of placing on the market and putting into serviceF1I1
United Kingdom
For the purposes of regulation 5, apparatus shall not be regarded as being placed on the market where that apparatus—
is intended to be exported to a country outside the F2European Union; or
is imported into the European Union for re-export to a country outside the European Union; or
is transferred from the manufacturer in a third country to his authorised representative established within the European Union who is responsible on behalf of the manufacturer for ensuring compliance with the Directive; or
is transferred to a manufacturer for further processing (for example, to modify the product or to integrate it into another product, or to put his own name on the product);
save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto.
Subject to paragraph (3), no offence under the Act or the Wireless Telegraphy Acts 1949 to 1967, nor any offence of incitement to commit such an offence, shall be committed by reason only that apparatus which does not comply with these Regulations is displayed at a trade fair, exhibition or demonstration if a notice is displayed in relation to the apparatus to the effect
that it does not satisfy the provisions of these Regulations; and
that it may not be placed on the market or put into service until those provisions are satisfied by a responsible person.
Paragraph (2) does not apply in any case in which radio equipment is switched on and thereby causes harmful interference or endangers public health.
The Secretary of State and the Director shall so exercise their respective functions under Part VI of the Act and the Wireless Telegraphy Acts 1949 to 1967 that the putting into service of radio equipment which complies with these Regulations is restricted only for reasons related to the effective and appropriate use of the radio spectrum, avoidance or harmful interference of public health.
Annotations
Textual amendments
- F1
Regulations revoked (with savings) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 78(1) (with regs. 3-5, 77, 78(2)); and Regulations (as saved) modified (E.W.S.) (31.12.2020) by S.I. 2017/1206, reg. 78(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 45(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1))
- F2
Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
- F3
Reg. 6(2)-(4) substituted for reg. 6(2) (25.7.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1, 2(6)
Commencement
- I1
Reg. 6 in force at 8.4.2000, see reg. 1(1)