Statutory Instruments

2016 No. 1091

Electromagnetic Compatibility

The Electromagnetic Compatibility Regulations 2016 _cross-notes

Made

15th November 2016

Laid before Parliament

16th November 2016

Coming into force

8th December 2016

^M1^,^M2 The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to apparatus which is liable to cause electromagnetic disturbance and to apparatus the performance of which could be affected by such disturbance.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

^M3 The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

PART 1

Citation and commencement

1. These Regulations may be cited as the Electromagnetic Compatibility Regulations 2016 and come into force on 8th December 2016.

Interpretation _E1

2. —(1) In these Regulations—

^M4 the “ 1987 Act ” means the Consumer Protection Act 1987 ;

^M5 the “ 2006 Regulations ” means the Electromagnetic Compatibility Regulations 2006 ;

^F1 ...

^F2 ...

[^F3 “ approved body ” has the meaning given in regulation 43 (approved bodies) ; ^F3]

“ apparatus ” means any finished appliance or combination thereof made available on the market as a single functional unit, intended for the end-user and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance and includes—

(a)

components or sub-assemblies intended for incorporation into an apparatus by an end-user, which are liable to generate or be affected by electromagnetic disturbance;

(b)

a mobile installation defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations;

“ authorised representative ” means a person established within the [^F4 United Kingdom ^F4] appointed in accordance with regulation 38 (appointment of an authorised representative) ;

^F5 ...

^F6 ...

“ conformity assessment ” means the process demonstrating whether the essential requirements relating to apparatus have been fulfilled;

“ conformity assessment body ” means a body that performs conformity assessment activities;

[^F7 “ conformity assessment procedure ” means a procedure referred to in regulation 40; ^F7]

[^F7 “ declaration of conformity ” means a declaration of conformity required to be drawn up in accordance with regulation 10(1)(a) (declaration of conformity and UK marking) ; ^F7]

[^F7 “ designated standard ” has the meaning given to it in regulation 2A; ^F7]

^M6^,^F8 “ the Directive ” means Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of laws of the Member States relating to electromagnetic compatibility (recast) ...;

“ distributor ” means any person in the supply chain, other than the manufacturer, authorised representative or importer, who makes apparatus available on the market;

^M7 “ district council ” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;

“ economic operator ” means a manufacturer, authorised representative, importer or distributor;

“ electromagnetic compatibility ” means the ability of equipment to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to other equipment in that environment;

“ electromagnetic disturbance ” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

“ electromagnetic environment ” means all electromagnetic phenomena observable in a given location;

“enforcing authority” is to be interpreted in accordance with regulation 52 (designation of enforcing authorities) ;

“ equipment ” means any apparatus or fixed installation;

“ essential requirements ” means the requirements set out in Schedule 1;

^F9 ...

^F10 ...

“ European Commission ” means the Commission of the European Union;

“ fixed installation ” means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently, at a predefined location;

^F11 ...

“ immunity ” means the ability of equipment to perform as intended without degradation in the presence of electromagnetic disturbance;

[^F12 “ importer ” means a person who—

(a)

is established in the United Kingdom and places apparatus from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places apparatus on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state; ^F12]

“ make available on the market ” means any supply of apparatus for distribution or use on the [^F13 market of Great Britain ^F13] in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“ manufacturer ” means a person who—

(a)

manufactures apparatus or has apparatus designed or manufactured; and

(b)

markets that apparatus under that person's name or trademark;

“ market surveillance authority ” has the meaning given in regulation 53 (designation of market surveillance authorities) ;

“ mobile installation ” means a combination of apparatus and, where applicable, other devices, which are intended to be moved and operated in a range of locations;

^F14 ...

^F15 ...

^F16 ...

^M8 “ OFCOM ” means the Office of Communications established under the Office of Communications Act 2002 ;

^F17 ...

“ place on the market ” means the first making available of apparatus on the [^F18 market of Great Britain ^F18] , and related expressions must be construed accordingly;

“ put into service ” means the first use of equipment in the [^F19 United Kingdom market ^F19] by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;

^M9 “ RAMS ” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

“ recall ” means any measure aimed at achieving the return of apparatus that has already been made available to the end-user, and related expressions must be construed accordingly;

“ relevant conformity assessment procedure ” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures) ;

“ relevant economic operator ” means, in relation to apparatus, an economic operator with obligations in respect of that apparatus under Part 2;

“ technical specification ” means a document that prescribes technical requirements to be fulfilled by the equipment;

[^F20 “ UK marking ” means the marking in the form set out in Annex 2 of RAMS; ^F20]

[^F20 “ UK national accreditation body ” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS; ^F20]

^M10 “ weights and measures authority ” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ;

“ withdrawal ” means any measure aimed at preventing apparatus in the supply chain from being made available on the market, and related expressions must be construed accordingly.

(2) In these Regulations, a reference to apparatus or equipment being “ in conformity with Part 2 ” means that—

(a) the apparatus or equipment is in conformity with the essential requirements; and

(b) each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the apparatus or equipment available on the market.

(3) In these Regulations, “ risk ” means a risk to [^F21 the protections against electromagnetic disturbance referred to in these Regulations ^F21] .

^F22 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2. —(1) In these Regulations—

the “ 1987 Act ” means the Consumer Protection Act 1987 ;

the “ 2006 Regulations ” means the Electromagnetic Compatibility Regulations 2006 ;

“ accreditation ” means accreditation as defined in paragraph 10 of Article 2 of RAMS (as amended from time to time);

“ accreditation certificate ” means a certificate, issued by the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or a national accreditation body in another [^F191 relevant state ^F191] , attesting that a conformity assessment body meets the notified body requirements;

(a)

components or sub-assemblies intended for incorporation into an apparatus by an end-user, which are liable to generate or be affected by electromagnetic disturbance;

(b)

a mobile installation defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations;

“ authorised representative ” means a person established within the [^F192 relevant market ^F192] appointed in accordance with regulation 38 (appointment of an authorised representative) ;

“ CE marking ” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);

“ competent national authority ” means an authority having responsibility for enforcing the law of a [^F193 relevant state ^F193] which implements the Directive;

“ conformity assessment ” means the process demonstrating whether the essential requirements relating to apparatus have been fulfilled;

“ conformity assessment body ” means a body that performs conformity assessment activities;

“ the Directive ” means Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of laws of the Member States relating to electromagnetic compatibility (recast) ;

“ distributor ” means any person in the supply chain, other than the manufacturer, authorised representative or importer, who makes apparatus available on the market;

“ district council ” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;

“ economic operator ” means a manufacturer, authorised representative, importer or distributor;

“ electromagnetic environment ” means all electromagnetic phenomena observable in a given location;

“enforcing authority” is to be interpreted in accordance with regulation 52 (designation of enforcing authorities) ;

“ equipment ” means any apparatus or fixed installation;

“ essential requirements ” means the requirements set out in Schedule 1;

“ EU declaration of conformity ” means a declaration of conformity required to be drawn up in accordance with regulation 10(1)(a) (EU declaration of conformity and CE marking) ;

“ EU harmonisation legislation ” means any EU legislation harmonising the conditions for the marketing of apparatus;

“ European Commission ” means the Commission of the European Union;

“ harmonised standard ” has the meaning given by Article 2(1)(c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation (as amended from time to time);

“ immunity ” means the ability of equipment to perform as intended without degradation in the presence of electromagnetic disturbance;

“ importer ” means any person established within the [^F194 relevant market ^F194] who places apparatus from a [^F195 market outside of the relevant market on the relevant ^F195] market;

“ make available on the market ” means any supply of apparatus for distribution or use on the [^F196 relevant ^F196] market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“ manufacturer ” means a person who—

(a)

manufactures apparatus or has apparatus designed or manufactured; and

(b)

markets that apparatus under that person's name or trademark;

“ market surveillance authority ” has the meaning given in regulation 53 (designation of market surveillance authorities) ;

“ mobile installation ” means a combination of apparatus and, where applicable, other devices, which are intended to be moved and operated in a range of locations;

“ national accreditation body ” has the meaning set out in point 11 of Article 2 of RAMS (as amended from time to time);

[^F197 “ NI Protocol obligation ” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies; ^F197]

...

“ notified body requirements ” means the requirements set out in Schedule 5 (requirements for notified bodies) ;

“ OFCOM ” means the Office of Communications established under the Office of Communications Act 2002 ;

“ Official Journal ” means the Official Journal of the European Union;

“ place on the market ” means the first making available of apparatus on the [^F198 relevant ^F198] market, and related expressions must be construed accordingly;

“ put into service ” means the first use of equipment in the [^F199 relevant market ^F199] by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;

“ RAMS ” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

“ recall ” means any measure aimed at achieving the return of apparatus that has already been made available to the end-user, and related expressions must be construed accordingly;

“ relevant conformity assessment procedure ” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures) ;

“ relevant economic operator ” means, in relation to apparatus, an economic operator with obligations in respect of that apparatus under Part 2;

[^F200 “ relevant market ” means—

(a)

the market in Northern Ireland; and

(b)

the market of the EEA states; ^F200]

[^F200 “ relevant state ” means—

(a)

Northern Ireland; or

(b)

any EEA state; ^F200]

“ technical specification ” means a document that prescribes technical requirements to be fulfilled by the equipment;

[^F201 “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 ; ^F201]

“ weights and measures authority ” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ;

“ withdrawal ” means any measure aimed at preventing apparatus in the supply chain from being made available on the market, and related expressions must be construed accordingly.

(2) In these Regulations, a reference to apparatus or equipment being “ in conformity with Part 2 ” means that—

(a) the apparatus or equipment is in conformity with the essential requirements; and

(3) In these Regulations, “ risk ” means a risk to aspects of public interest protection referred to in the Directive.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F202 (5) In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedules 5 (requirements for notified bodies) and 6 (operational obligations of notified bodies)), “notified body” means—

(a) a notified body within the meaning set out in regulation 43 (notified bodies), or

(b) a notified body under the laws of any other [^F203 relevant state ^F203] which implements the Directive . ^F202]

[^F23 Designated standard

2A. —(1) Subject to paragraphs (6) and (7), in these Regulations a “ designated standard ” means a technical specification which is—

(a) adopted by a recognised standardisation body [^F24 or an international standardising body ^F24] , for repeated or continuous application, with which compliance is not compulsory; and

(b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “ technical specification ” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a) the characteristics required of a product, including—

(i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

(b) production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “ recognised standardisation body ” means any one of the following organisations—

(a) the European Committee for Standardisation (CEN);

(b) the European Committee for Electrotechnical Standardisation (Cenelec);

(d) the British Standards Institution (BSI).

[^F25 (3A) In this regulation “ international standardising body ” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time). ^F25]

(4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [^F26 such ^F26] technical specifications adopted by the other recognised standardisation bodies [^F27 or by international standardising bodies as the Secretary of State considers to be relevant ^F27] .

(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) In this regulation, a reference to a “ product ” is a reference to apparatus to which these Regulations apply.

(9) The Secretary of State may by regulation amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(10) Regulations made under paragraph (9) are to be made by statutory instrument.

(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament. ^F23]

Application _E2

3. —(1) Subject to paragraphs (2) to (4) and regulations 4 to 6, these Regulations apply to all equipment.

(2) These Regulations do not apply to—

(a) equipment to which [^F28 the Radio Equipment Regulations 2017 apply ^F28] ;

(b) ^M11 aeronautical apparatus, parts and appliances as referred to in Regulation (EC) 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency and repealing Council Directive 91/670/EEC , Regulation (EC) No 1592/2002 and Directive 2004/36/EC ;

(c) ^M12 radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted in the framework of the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union ;

(d) equipment the inherent nature and physical characteristics of which is such that—

(i) it is incapable of generating or contributing to electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended; and

(ii) it operates without an unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use;

(e) custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

(3) These Regulations do not apply to kits of components to be assembled by radio amateurs and equipment made available on the market and modified by and for the use of radio amateurs.

(4) These Regulations do not apply to equipment covered by [^F29 the Measuring Instruments Regulations 2016 ^F29] .

^F30^,^F30 (5) Each provision of these Regulations applies to equipment in so far as there are no specific provisions in ... [^F31 any enactment ^F31] governing the conformity of the equipment with the essential requirements, other than [^F32 these Regulations ^F32] . Where equipment is subject to essential requirements imposed by ... [^F31 any enactment ^F31] other than [^F32 these Regulations ^F32] , these Regulations only apply insofar as the equipment is not covered by the other provisions of [^F33 that enactment ^F33] .

Application

3. —(1) Subject to paragraphs (2) to (4) and regulations 4 to 6, these Regulations apply to all equipment.

(2) These Regulations do not apply to—

(a) equipment to which Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity applies;

(b) aeronautical apparatus, parts and appliances as referred to in Regulation (EC) 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency and repealing Council Directive 91/670/EEC , Regulation (EC) No 1592/2002 and Directive 2004/36/EC ;

(c) radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted in the framework of the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union ;

(d) equipment the inherent nature and physical characteristics of which is such that—

(i) it is incapable of generating or contributing to electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended; and

(ii) it operates without an unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use;

(e) custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

(3) These Regulations do not apply to kits of components to be assembled by radio amateurs and equipment made available on the market and modified by and for the use of radio amateurs.

(4) These Regulations do not apply to equipment covered by Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) as regards the immunity of such equipment.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F34 Disapplication where more specific obligations apply

3A. —(1) Each provision of these Regulations does not apply to equipment if, or to the extent that, paragraph (2) applies.

(2) This paragraph applies where any NI Protocol obligation, other than any obligation in relation to the Directive, applies to the equipment and makes more specific provision than the Directive in relation to the conformity of the equipment with the essential requirements. ^F34]

Application of safety legislation _E3

4. Nothing in these Regulations affects the application of [^F35 any enactment ^F35] regulating the safety of equipment.

Application of safety legislation

4. Nothing in these Regulations affects the application of EU or national legislation regulating the safety of equipment.

Exhibition at trade fairs

5. Nothing in these Regulations prevents the display or demonstration at a trade fair, exhibition or similar event of equipment which does not comply with these Regulations provided that a visible sign clearly indicates that the equipment—

(a) is not in conformity with Part 2; and

(b) will not be made available on the market or put into service until it has been brought into conformity with Part 2.

Making available or putting into service _E4

6. Nothing in these Regulations prevents the making available on the market, or the putting into service in the United Kingdom, of equipment which is in conformity with Part 2 when the equipment is properly installed, maintained and used for its intended purpose.

Making available or putting into service

6. Nothing in these Regulations prevents the making available on the market, or the putting into service in [^F204 Northern Ireland ^F204] , of equipment which is in conformity with Part 2 when the equipment is properly installed, maintained and used for its intended purpose.

PART 2 Obligations of economic operators

Essential requirements

7. A person must not make equipment available on the market or put equipment into service unless it complies with the essential requirements.

Manufacturers

Duty to ensure apparatus complies with the essential requirements

8. Before placing apparatus on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements.

Technical documentation and conformity assessment

9. Before placing apparatus on the market, a manufacturer must—

(a) carry out a relevant conformity assessment procedure in respect of the apparatus or have such a procedure carried out; and

(b) draw up—

(i) the technical documentation referred to in Schedule 2 (module A: internal production control) or Schedule 3 (module B: [^F36 EU- ^F36] type examination and module C: conformity to type based on internal production control); and

(ii) any other technical documentation required as part of the relevant conformity assessment procedure to demonstrate the means used by the manufacturer to ensure that the apparatus complies with the essential requirements.

[^F37 Declaration ^F37] of conformity and [^F38 UK ^F38] marking _E5

10. —(1) Where the conformity of apparatus with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the apparatus on the market—

(a) ^F40 draw up [^F39 a ^F39] declaration of conformity in accordance with regulation 41 ...; and

(b) affix the [^F41 UK ^F41] marking in accordance with regulation 42 ( [^F41 UK ^F41] marking).

^F42 (2) The manufacturer must keep the ... declaration of conformity up-to-date.

[^F43 (3) Where apparatus is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment concerned by its title. ^F43]

EU declaration of conformity and CE marking

(a) draw up an EU declaration of conformity in accordance with regulation 41 (EU declaration of conformity); and

(b) affix the CE marking in accordance with regulation 42 (CE marking).

(2) The manufacturer must keep the EU declaration of conformity up-to-date.

(3) Where apparatus is subject to more than one [^F205 NI Protocol obligation ^F205] requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, which—

(a) identifies the [^F206 relevant ^F206] EU instruments; and

(b) includes references to the publication of [^F207 the relevant EU ^F207] instruments in the Official Journal.

Retention of technical documentation and [^F44 EU ^F44] declaration of conformity

11. A manufacturer must keep the technical documentation and the [^F45 EU ^F45] declaration of conformity (as referred to in regulation 41) drawn up in respect of the apparatus for a period of 10 years beginning on the day on which the apparatus is placed on the market.

Compliance procedures for series production _E6

12. —(1) A manufacturer of apparatus which is manufactured by series production must ensure that, before placing apparatus on the market, procedures are in place to ensure that any apparatus will be in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a) any change in the design or characteristics; and

(b) ^F47 any change in a [^F46 designated ^F46] standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Compliance procedures for series production

(2) In doing so, the manufacturer must take adequate account of—

(a) any change in the design or characteristics; and

(b) any change in a harmonised standard or in another technical specification by reference to which the EU declaration of conformity was drawn up.

Information identifying manufacturer _E7

13. —(1) Before placing apparatus onto the market, a manufacturer (“M”) must ensure that the following appear on the apparatus—

(a) a type, batch or serial number or an element which identifies M as the manufacturer of the apparatus;

(b) the name, registered trade name or registered trade mark of the manufacturer; and

(2) The manufacturer must include the relevant information specified in paragraph (1) on the packaging of the apparatus or in a document accompanying the apparatus where—

(a) due to the size or nature of the apparatus, it is not possible for the information in paragraph (1)(a) to appear on the apparatus; or

(b) it is not possible for the information in paragraphs (1)(b) or (1)(c) to appear on the apparatus.

(3) The postal address in paragraph (1)(c) must indicate a single point at which the manufacturer can be contacted.

(4) The information specified in paragraphs (1)(b) and (1)(c) must be [^F48 clear, legible and in easily understandable English ^F48] .

Information identifying manufacturer

13. —(1) Before placing apparatus onto the market, a manufacturer (“M”) must ensure that the following appear on the apparatus—

(a) a type, batch or serial number or an element which identifies M as the manufacturer of the apparatus;

(b) the name, registered trade name or registered trade mark of the manufacturer; and

(2) The manufacturer must include the relevant information specified in paragraph (1) on the packaging of the apparatus or in a document accompanying the apparatus where—

(a) due to the size or nature of the apparatus, it is not possible for the information in paragraph (1)(a) to appear on the apparatus; or

(b) it is not possible for the information in paragraphs (1)(b) or (1)(c) to appear on the apparatus.

(3) The postal address in paragraph (1)(c) must indicate a single point at which the manufacturer can be contacted.

(4) The information specified in paragraphs (1)(b) and (1)(c) must be in a language which can be easily understood by end-users and the competent national authority in the [^F208 relevant state ^F208] in which it is to be made available to such end-users.

Instructions and information _E8

[^F49 14. When placing apparatus on the market, a manufacturer must ensure that the apparatus is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which are clear, legible and in clearly understandable English. ^F49]

Instructions and information

14. —(1) When placing apparatus on the market, a manufacturer must ensure that the apparatus is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which—

(a) is in a language that can be easily understood by consumers and other end-users in the [^F209 relevant state ^F209] in which the apparatus is to be made available; and

(b) is clear and understandable.

(2) When the apparatus is being made available to consumers and other end-users in [^F210 Northern Ireland ^F210] , the language referred to in paragraph (1)(a) is English.

Manufacturer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity _E9

15. —(1) A manufacturer who considers, or has reason to believe, that apparatus which the manufacturer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring the apparatus into conformity;

(b) withdraw the apparatus; or

^F50 (2) Where the apparatus presents a risk, the manufacturer must immediately inform the market surveillance authority, ... giving details of, in particular—

(a) the respect in which the apparatus is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Manufacturer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity

(a) bring the apparatus into conformity;

(b) withdraw the apparatus; or

(2) Where the apparatus presents a risk, the manufacturer must immediately inform the market surveillance authority, and the competent national authorities of any other [^F211 relevant state ^F211] in which the manufacturer has made the apparatus available on the market, giving details of, in particular—

(a) the respect in which the apparatus is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Provision of information and co-operation

16. —(1) A manufacturer must, when requested by an enforcing authority and within such period as the authority may specify, provide the authority with all of the information and documentation necessary to demonstrate the conformity of the apparatus with Part 2.

(2) A request made under paragraph (1) must be accompanied by the reasons for making the request.

(3) The information and documentation referred to in paragraph (1)—

(a) may be provided in paper or electronic form; and

(b) must be in a language that can be easily understood by the enforcing authority.

(4) The manufacturer must, at the request of the enforcing authority, co-operate with the authority on any action taken to—

(a) evaluate the apparatus in accordance with regulation 56 (evaluation of apparatus presenting a risk);

(b) eliminate the risks posed by apparatus that the manufacturer has placed on the market.

Importers

Prohibition on placing apparatus on the market which is not in conformity

17. An importer must not place apparatus on the market unless it is in conformity with the essential requirements.

Requirements that must be satisfied before an importer places apparatus on the market _E10

18. —(1) Before placing apparatus on the market an importer must ensure that—

(a) a relevant conformity assessment has been carried out by the manufacturer;

(b) the manufacturer has drawn up the technical documentation;

(i) bears the [^F51 UK ^F51] marking; and

(ii) is accompanied by the required documents; and

(d) the manufacturer has complied with the requirements of regulation 13 (information identifying manufacturer).

(2) In paragraph (1)(c)(ii) “ required documents ” means any documents that are required to be provided pursuant to regulation 13(2).

Requirements that must be satisfied before an importer places apparatus on the market

18. —(1) Before placing apparatus on the market an importer must ensure that—

(a) a relevant conformity assessment has been carried out by the manufacturer;

(b) the manufacturer has drawn up the technical documentation;

(i) bears the CE marking; and

(ii) is accompanied by the required documents; and

(d) the manufacturer has complied with the requirements of regulation 13 (information identifying manufacturer).

(2) In paragraph (1)(c)(ii) “ required documents ” means any documents that are required to be provided pursuant to regulation 13(2).

Duty not to place non-conforming apparatus on the market

19. —(1) Where an importer considers or has reason to believe that apparatus is not in conformity with the essential requirements, the importer must not place the apparatus on the market.

(2) Where apparatus presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importer _cross-notes _E11

^F52 20. —(1) An importer must, before placing apparatus on the market, ensure that the following appear on the apparatus ...—

(a) the name, registered trade name or registered trade mark of the importer; and

(b) a postal address at which the importer can be contacted.

[^F53 (1A) Paragraph (1) does not apply where—

(a) either—

(i) it is not possible to set out the information referred to in paragraph (1) on the packaging of the apparatus or on the apparatus, or

(ii) the importer has imported the apparatus from an EEA state or Switzerland and places it on the market within the period of [^F54 seven years ^F54] beginning with IP completion day, and

(b) before placing the apparatus on the market, the importer sets out the information referred to in paragraph (1) in a document accompanying the apparatus. ^F53]

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the [^F55 enforcing authority ^F55] .

Information identifying importer

20. —(1) An importer must, before placing apparatus on the market, ensure that the following appear on the apparatus or, where that is not possible, on the packaging of the apparatus or in a document accompanying the apparatus—

(a) the name, registered trade name or registered trade mark of the importer; and

(b) a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [^F212 relevant state ^F212] in which it is to be made available.

Instructions and information _E12

21. —(1) When placing apparatus on the market, an importer must ensure that the apparatus is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which [^F56 are clear, legible and in easily understandable English ^F56] .

^F57 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Instructions and information

21. —(1) When placing apparatus on the market, an importer must ensure that the apparatus is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which is in a language which can be easily understood by consumers and other end-users in the [^F213 relevant state ^F213] in which the apparatus is to be made available.

(2) When the apparatus is being made available to consumers and other end-users in [^F214 Northern Ireland ^F214] , the language referred to in paragraph (1) is English.

Storage and transport

22. Where an importer has responsibility for apparatus, the importer must ensure that the conditions under which the apparatus is stored or transported do not jeopardise its conformity with the essential requirements.

Importer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity _E13

23. —(1) An importer who considers or has reason to believe that apparatus that the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring the apparatus into conformity;

(b) withdraw the apparatus; or

^F58 (2) Where the apparatus presents a risk, the importer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the respect in which the apparatus is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Importer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity

(a) bring the apparatus into conformity;

(b) withdraw the apparatus; or

(2) Where the apparatus presents a risk, the importer must immediately inform the market surveillance authority and the competent authorities of any [^F215 relevant state ^F215] in which the importer has made the apparatus available on the market of the risk, giving details of—

(a) the respect in which the apparatus is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Retention of technical documentation and [^F59 EU ^F59] declaration of conformity

24. An importer must keep the technical documentation and the [^F60 EU ^F60] declaration of conformity (as referred to in regulation 41) drawn up in respect of the apparatus for a period of 10 years beginning on the day on which the apparatus is placed on the market.

Provision of information and co-operation

25. —(1) An importer must, when requested by an enforcing authority and within such period as the authority may specify, provide the authority with all of the information and documentation necessary to demonstrate the conformity of the apparatus with Part 2.

(2) A request made under paragraph (1) must be accompanied by the reasons for making the request.

(3) The information and documentation referred to in paragraph (1) —

(a) may be provided in paper or electronic form; and

(b) must be in a language that can be easily understood by the enforcing authority.

(4) An importer must, at the request of the enforcing authority, co-operate with the authority on any action taken to—

(a) evaluate the apparatus in accordance with regulation 56 (evaluation of apparatus presenting a risk); and

(b) eliminate the risks posed by apparatus that importer has placed on the market.

Distributors

Duty to act with due care

26. When making apparatus available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Making available on the market _E14

27. —(1) Before making apparatus available on the market, a distributor must verify that—

(a) the apparatus—

(i) bears the [^F61 UK ^F61] marking;

(ii) is accompanied by the required documents;

(iii) is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which [^F62 are clear, legible and in easily understandable English ^F62] ;

(b) the manufacturer has complied with the requirements of regulation 13 (information identifying manufacturer); and

(2) In paragraph (1)(a)(ii) “ required documents ” means any documents that are required to be provided pursuant to regulation 13(2).

Making available on the market

27. —(1) Before making apparatus available on the market, a distributor must verify that—

(a) the apparatus—

(i) bears the CE marking;

(ii) is accompanied by the required documents;

(iii) is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which is in a language which can be easily understood by consumers and other end-users in the [^F216 relevant state ^F216] in which the apparatus is to be made available on the market;

(b) the manufacturer has complied with the requirements of regulation 13 (information identifying manufacturer); and

(2) In paragraph (1)(a)(ii) “ required documents ” means any documents that are required to be provided pursuant to regulation 13(2).

Duty not to make non-conforming apparatus available on the market

28. —(1) Where a distributor considers or has reason to believe that apparatus is not in conformity with the essential requirements, the distributor must not make the apparatus available on the market.

(2) Where apparatus presents a risk, the distributor must inform the manufacturer and the market surveillance authority of that risk.

Storage and transport

29. Where a distributor has responsibility for apparatus, the distributor must ensure that the conditions under which the apparatus is stored or transported do not jeopardise its conformity with the essential requirements.

Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformity _E15

30. —(1) A distributor who considers or has reason to believe that apparatus that the distributor has made available on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring the apparatus into conformity;

(b) to withdraw the apparatus; or

^F63 (2) Where the apparatus presents a risk, the distributor must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the respect in which the apparatus is not considered to be in conformity with Part 2; and

(b) any corrective measures taken.

Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformity

(a) bring the apparatus into conformity;

(b) to withdraw the apparatus; or

(2) Where the apparatus presents a risk, the distributor must immediately inform the market surveillance authority and the competent authorities of any other [^F217 relevant state ^F217] in which the distributor has made the apparatus available on the market of the risk, giving details of—

(a) the respect in which the apparatus is not considered to be in conformity with Part 2; and

(b) any corrective measures taken.

Provision of information and co-operation _E16

31. —(1) A distributor must, when requested by an enforcing authority and within such period as the authority may specify, provide the authority with all of the information and documentation necessary to demonstrate the conformity of the apparatus with Part 2.

(2) A request referred to in paragraph (1) must be accompanied by the reasons for making the request.

(3) The information and documentation referred to in paragraph (1) —

(a) may be provided in paper or electronic form; and

(b) must be [^F64 clear, legible and in easily understandable English ^F64] .

(4) A distributor must, at the request of the enforcing authority, co-operate with the authority on any action taken to—

(a) evaluate the apparatus in accordance with regulation 56 (evaluation of apparatus presenting a risk); and

(b) eliminate the risks posed by apparatus that they have made available on the market.

Provision of information and co-operation

(2) A request referred to in paragraph (1) must be accompanied by the reasons for making the request.

(3) The information and documentation referred to in paragraph (1) —

(a) may be provided in paper or electronic form; and

(b) must be in a language that can be easily understood by the enforcing authority.

(4) A distributor must, at the request of the enforcing authority, co-operate with the authority on any action taken to—

(a) evaluate the apparatus in accordance with regulation 56 (evaluation of apparatus presenting a risk); and

(b) eliminate the risks posed by apparatus that they have made available on the market.

All economic operators

Cases in which the obligations of manufacturers apply to importers and distributors

32. An economic operator (“A”) who would, but for this regulation, be considered an importer or distributor, is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under Part 2, where A—

(a) places apparatus on the market under A's own name or trademark; or

(b) modifies apparatus already placed on the market in such a way that it may affect whether the apparatus is in conformity with Part 2.

Identification of economic operators

33. —(1) An economic operator (“E”), who receives a request in relation to apparatus from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a) any other economic operator who has supplied E with apparatus; and

(b) any other economic operator to whom E has supplied apparatus.

(2) The relevant period is—

(a) in the case of paragraph (1)(a), the period of 10 years beginning on the day on which E was supplied with the apparatus;

(b) in the case of paragraph (1)(b), the period of 10 years beginning on the day on which E supplied the apparatus.

Translation of EU declaration of conformity

34. [^F65—(1) Before placing apparatus on the market or making apparatus available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the [^F66 relevant state ^F66] in which it is to be placed on the market or made available on the market.

(2) Where the apparatus is to be placed on the market or made available on the market in [^F67 Northern Ireland ^F67] , the language referred to in paragraph (1) is English. ^F65]

Prohibition on improper use of [^F68 UK ^F68] marking _E17

35. —(1) An economic operator must not affix the [^F69 UK ^F69] marking to apparatus unless—

(a) that economic operator is the manufacturer of the apparatus; and

(b) the conformity of apparatus with the essential requirements has been demonstrated by a relevant conformity procedure.

(2) An economic operator must not affix a marking (other than [^F69 UK ^F69] marking) to equipment which purports to attest to the conformity of the equipment with the essential requirements.

(3) An economic operator must not affix to equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the [^F69 UK ^F69] marking.

(4) An economic operator must not affix to equipment any other marking if the visibility, legibility and meaning of the [^F69 UK ^F69] marking would be impaired as a result.

Prohibition on improper use of CE marking

35. —(1) An economic operator must not affix the CE marking to apparatus unless—

(a) that economic operator is the manufacturer of the apparatus; and

(b) the conformity of apparatus with the essential requirements has been demonstrated by a relevant conformity procedure.

(2) An economic operator must not affix a marking (other than CE marking) to equipment which purports to attest to the conformity of the equipment with the essential requirements.

(3) An economic operator must not affix to equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.

(4) An economic operator must not affix to equipment any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.

Information concerning the use of apparatus

36. —(1) A person who places apparatus on the market must provide with the apparatus—

(a) information on any specific precautions which must be taken during assembly, installation, maintenance or use to ensure that the apparatus will be in conformity with the requirements of paragraph 1 of Schedule 1 when it is put into service;

(b) information on the restrictions on the use of the apparatus in residential areas where the conformity of the apparatus with paragraph 1 of Schedule 1 cannot be ensured; and

(2) Where appropriate, the information referred to in paragraph (1)(b) must also be included on the packaging of the apparatus.

Fixed installations

37. —(1) Subject to paragraph (2), apparatus that has been made available on the market and which can be incorporated into a fixed installation is subject to all of the relevant provisions for apparatus in these Regulations.

(2) Where apparatus is intended for incorporation into a particular fixed installation and is not otherwise made available on the market, the requirements of Part 2 and Part 3 do not apply.

(3) A person who places apparatus of the type referred to in paragraph (2) on the market must provide information with the apparatus which—

(a) identifies the fixed installation in which it is to be incorporated and the electromagnetic compatibility characteristics of that fixed installation;

(b) sets out the precautions to be taken when the apparatus is incorporated into the fixed installation to ensure the conformity of the installation with Part 2;

(i) regulation 13 (information identifying manufacturer); and

(ii) if relevant, regulation 20 (information identifying importer).

(4) The good engineering practices referred to in paragraph 2 of Schedule 1 must be documented and the documentation held by the person who installed the fixed installation during the period of operation of the fixed installation.

(5) The person referred to in paragraph (4) must ensure that the documentation can be made available to the relevant national authorities upon request during the period of operation of that fixed installation.

(6) Where the enforcing authority has received complaints about disturbances being generated by the fixed installation or has reason to believe that a fixed installation may not be in conformity with these Regulations, the enforcing authority may request evidence of conformity of the fixed installation and may initiate an evaluation of the fixed installation.

(7) Where the enforcing authority considers that the evaluation referred to in paragraph (6) has established that the fixed installation is not in conformity with these Regulations, the enforcing authority must ensure that appropriate measures are taken to ensure that the fixed installation is brought into conformity with the essential requirements in Schedule 1.

(8) The person referred to in paragraph (4) is responsible for ensuring that the installation is in conformity with the relevant essential requirements.

Authorised representatives

Appointment of an authorised representative _E18

38. —(1) A manufacturer may, by written mandate, appoint a person [^F70 established in the United Kingdom ^F70] as their authorised representative to perform specified tasks on the manufacturer's behalf.

(2) The mandate must allow the authorised representative to do at least the following in relation to apparatus covered by the mandate—

(a) ^F71 perform the manufacturer's obligations under regulation 11 (retention of technical documentation and ... declaration of conformity);

(b) perform the manufacturer's obligations under regulation 16 (provision of information and co-operation).

(3) The mandate must not include the obligations contained in—

(a) regulation 8 (duty to ensure apparatus complies with the essential requirements); or

(b) regulation 9 (technical documentation and conformity assessment).

(4) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, a task under these Regulations remains responsible for the proper performance of that task.

(5) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly—

(a) as far as those duties are concerned, a reference in these Regulations to the manufacturer (except in this regulation) is to be taken as including a reference to the authorised representative; and

(b) if the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.

Appointment of an authorised representative

38. —(1) A manufacturer may, by written mandate, appoint a person as their authorised representative to perform specified tasks on the manufacturer's behalf.

(2) The mandate must allow the authorised representative to do at least the following in relation to apparatus covered by the mandate—

(a) perform the manufacturer's obligations under regulation 11 (retention of technical documentation and EU declaration of conformity);

(b) perform the manufacturer's obligations under regulation 16 (provision of information and co-operation).

(3) The mandate must not include the obligations contained in—

(a) regulation 8 (duty to ensure apparatus complies with the essential requirements); or

(b) regulation 9 (technical documentation and conformity assessment).

(4) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, a task under these Regulations remains responsible for the proper performance of that task.

[^F72 Obligations which are met by complying with obligations in the Directive

38A. —(1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “ CE marking ” has the meaning given to it in Article 3(25);

(2) Paragraph (3) applies where, before placing apparatus on the market, the manufacturer—

(a) ensures that the apparatus has been designed and manufactured in accordance with the essential requirements set out in Annex I;

(b) draws up the technical documentation relating to such apparatus referred to in Annex III;

(c) ensures that the relevant conformity assessment procedure relating to such apparatus referred to in Article 14 has been carried out;

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English;

(e) affixes a CE marking, in accordance with Articles 16 and 17(1) to (2);

(f) draws up an EU declaration of conformity, in accordance with Article 15; and

(g) ensures that the EU declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 8, 9, 10(1)(a) and (b) and (3) and 42(1) are to be treated as being satisfied;

(b) regulations 2(2)(a), 10(2), 11, 12, 38(2) and 35 apply subject to the modifications in paragraph (8);

(d) regulation 59 does not apply.

(4) Paragraph (5) applies where, before placing a category apparatus on the market, the importer ensures that—

(a) the relevant conformity assessment procedure referred to in Article 14 has been carried out;

(b) the manufacturer has drawn up the technical documentation referred to in Annex III; and

(5) Where this paragraph applies—

(a) the requirements of regulation 18(a) to (c) are to be treated as being satisfied; and

(b) regulations 2(2)(a), 17, 19(1), 22 and 24 apply subject to the modifications in paragraph (8).

(6) Paragraph (7) applies where, before making apparatus available on the market, a distributor ensures that the apparatus bears the CE marking.

(7) Where this paragraph applies—

(a) regulation 27(1)(a) is to be treated as being satisfied; and

(b) regulations 2(2)(a), 28(1) and 29 apply subject to the modifications in paragraph (10).

(8) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (9)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b) any reference to “UK marking” is to be read as a reference to the CE marking;

(c) any reference to “essential requirements” is to be read as a reference to the essential ^F74 ... requirements referred to in Annex I;

(d) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 14;

(f) any reference to “ technical documentation ” is a reference to the technical documentation referred to in Annex III.

[^F75 Further use of the UK marking

38B. —(1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “ harmonised standard ” has the meaning given to it in Article 3(17).

(2) Paragraph (3) applies where, before placing apparatus on the market, the manufacturer—

(a) ensures that the apparatus has been designed and manufactured in accordance with the essential requirements set out in Annex I;

(b) draws up the technical documentation relating to such apparatus referred to in Annex III;

(c) ensures that the relevant conformity assessment procedure relating to such apparatus referred to in Article 14 has been carried out; and

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 8 and 9 are to be treated as being satisfied;

(b) except for regulations 41 and 42, Part 3 does not apply;

(c) regulations 2(2)(a), 7, 11, 12, 17 to 19, 22, 24, 28, 29, 35(1), 41 and 59 apply subject to the modifications in paragraph (4);

(d) regulation 10 and Schedule 4 apply subject to the modifications in paragraphs (4) and (5);

(e) regulations 36 and 37 apply subject to the modifications in paragraph (6).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Annex 1;

(b) any reference to “designated standard” is to be read as a reference to “harmonised standard”;

(c) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedure referred to in Article 14;

(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III.

(5) The modifications referred to in paragraph (3)(d) are that—

(a) in regulation 10, the reference to “enactment” is to be read as including the Directive;

(b) in Schedule 4—

(i) in paragraph 5, the reference to “statutory requirements” is to be read as including the Directive;

(ii) in paragraph 7, the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook any conformity assessment procedure in accordance with Article 14.

(6) The modifications referred to in paragraph (3)(e) are that—

(a) in regulation 36 any reference to “paragraph 1 of Schedule 1” is to be read as a reference to paragraph 1 of Annex I;

(b) in regulation 37 any reference to “paragraph 2 of Schedule 1” is to be read as a reference to paragraph 2 of Annex I. ^F75]

Qualifying Northern Ireland Goods

38C. —(1) Where paragraph (2) applies, apparatus is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a) apparatus—

(i) is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii) is qualifying Northern Ireland goods; and

(b) an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the apparatus on the market, the importer—

(a) complies with regulation 20;

(b) ensures that—

(i) the relevant conformity assessment procedure has been carried out in relation to the apparatus;

(ii) the manufacturer has drawn up the technical documentation; and

(iii) the apparatus bears the CE marking.

(4) In this regulation—

“ CE marking ” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“ qualifying Northern Ireland goods ” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018 ;

“ relevant conformity assessment procedure ” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“ technical documentation ” means the documentation a manufacturer must draw up, in accordance with regulation 9(b), as it applies in Northern Ireland. ^F72]

PART 3 Conformity of apparatus and equipment

Presumption of conformity _E19

^F77 39. —(1) Equipment which is in conformity with a [^F76 designated ^F76] standard (or part of such a standard) ... is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Presumption of conformity

39. —(1) Equipment which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Conformity assessment procedures

40. —(1) Subject to paragraph (2), the manufacturer must demonstrate the conformity of the apparatus with the essential requirements by means of either—

(a) the procedure set out in Schedule 2 (Module A: internal production control); or

(b) the procedures set out in Schedule 3 (Module B: EU type examination followed by Module C: conformity to type based on internal production control).

(2) The manufacturer may choose to demonstrate the conformity of apparatus with some of the essential requirements by following the procedure referred to in paragraph (1)(b) provided that the procedure referred to in paragraph (1)(a) is followed for the remaining essential requirements.

[^F78 Declaration ^F78] of conformity _E20

^F79 41. The ... declaration of conformity for apparatus must—

(a) state that the fulfilment of the essential requirements has been demonstrated in respect of the apparatus;

(b) contain the elements of the relevant conformity assessment procedure or procedures followed in respect of the apparatus; and

EU declaration of conformity

41. The EU declaration of conformity for apparatus must—

(a) state that the fulfilment of the essential requirements has been demonstrated in respect of the apparatus;

(b) contain the elements of the relevant conformity assessment procedure or procedures followed in respect of the apparatus; and

[^F80 UK ^F80] marking _E21

42. [^F81—(1) The UK marking must be affixed visibly, legibly and indelibly—

(a) to the apparatus;

(b) to its data plate; or

(i) a label affixed to the apparatus or its data plate; or

(ii) to a document accompanying the apparatus. ^F81]

[^F82 (1A) For a period of [^F83 seven years ^F83] beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the apparatus or its data plate; or

(b) a document accompanying the apparatus. ^F82]

(2) Where [^F84 paragraph (1A) does not apply and ^F84] it is not possible or warranted, on account of the nature of the apparatus, to affix the [^F85 UK ^F85] marking in accordance with paragraph (1), the CE marking must be affixed to—

(a) the packaging; and

(b) the accompanying documents.

CE marking _E76

42. —(1) The CE marking must be affixed visibly, legibly and indelibly to the apparatus or to its data plate.

(2) Where it is not possible or warranted, on account of the nature of the apparatus, to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—

(a) the packaging; and

(b) the accompanying documents.

[^F86 UK(NI) indication

42A. —(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the apparatus, in accordance with this regulation.

(2) The UK(NI) indication must be affixed—

(a) visibly, legibly and indelibly; and

(b) before apparatus is placed on the market in Northern Ireland.

(3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 42.

(4) The UK(NI) indication must be affixed by—

(a) the manufacturer; or

(b) the manufacturer's authorised representative.

(5) When placing apparatus on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of UK notified bodies

42B. —(1) The Secretary of State must ensure that—

(a) each notified body established in the United Kingdom is assigned an identification number; and

(b) there is a register of—

(i) notified bodies established in the United Kingdom;

(ii) their notified body identification number;

(iii) the activities for which they have been notified;

(iv) any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). ^F86]

PART 4 [^F87 Notification of conformity assessment bodies ^F87] [^F87 Approval of Conformity Assessment Bodies ^F87]

[^F87 Approved bodies _E22

43. —(1) An approved body is a conformity assessment body which—

(a) has been approved by the Secretary of State pursuant to the procedure set out in regulation 44 (approval of conformity assessment bodies); or

(b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 49(1) or (2) as they had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.

(2) Paragraph (1) has effect subject to regulation 47 (restriction, suspension or withdrawal of approval).

(3) In this Part—

“ notified body ” means a body—

(a)

which the Secretary of State had before IP completion day notified to the European Commission and the member State of the European Union, in accordance with Article 20 of the Directive; and

(b)

in respect of which no objections had been raised, as referred to in regulation 43(1)(b), as it had effect immediately before IP completion day;

“ approved body requirements ” means the requirements set out in Schedule 5. ^F87]

Notified bodies

43. —(1) For the purposes of this Part, a notified body is a conformity assessment body—

(a) which has been notified by the Secretary of State to the European Commission and to the other [^F218 relevant states ^F218] —

(i) under regulation 44 (notification); or

(ii) before the date these Regulations come into force, in accordance with Article 20 of the Directive; and

(b) in respect of which no objections [^F219 , other than an immaterial objection, ^F219] were raised by the European Commission or other [^F218 relevant states ^F218] —

(i) within 2 weeks of the date of notification, where the notification is accompanied by an accreditation certificate; or

(ii) within 2 months of the date of notification, where the notification is not accompanied by an _dfnaccreditation[^F220 certificate; ^F220]

[^F221 (c) in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—

(i) the conformity assessment body is established in the United Kingdom; or

(ii) the accreditation certificate was issued by the United Kingdom Accreditation Service. ^F221]

(2) Paragraph (1) has effect subject to regulation 49 (changes to notifications).

[^F87 Approval of conformity assessment bodies _E23

44. —(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by—

(a) a description of–

(i) the conformity assessment activities that the conformity assessment body intends to carry out;

(ii) the conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

(iii) the category of apparatus in respect of which the conformity assessment body claims to be competent; and

(b) either—

(i) an accreditation certificate; or

(ii) the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

(6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may–

(a) have regard to any other matter which appears to the Secretary of State to be relevant; and

(b) set conditions that the conformity assessment body must meet.

(7) For the purposes of this regulation “ accreditation certificate ” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements. ^F87]

Notification

44. —(1) The Secretary of State may notify to the European Commission and the other [^F222 relevant states ^F222] only those conformity assessment bodies that qualify for notification.

(2) A conformity assessment body qualifies for notification if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become a notified body and the application is accompanied by—

(a) a description of—

(i) the conformity assessment activities that the conformity assessment body intends to carry out;

(ii) the conformity assessment module or modules in respect of which the conformity assessment body claims to be competent; and

(iii) the apparatus for which the conformity assessment body claims to be competent; and either

(b) an accreditation certificate; or

(c) the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the notified body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.

(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other [^F222 relevant states ^F222] , the Secretary of State may—

(a) have regard to any other matter which appears to the Secretary of State to be relevant; and

(b) set conditions that the conformity assessment body must meet.

(7) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the assessment and notifications of conformity assessment bodies, and any changes to those procedures.

[^F87 Presumption of conformity of approved bodies _E24

45. —(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable. ^F87]

Contents of notification

45. A notification under regulation 44 (notification) must include—

(a) the details of—

(i) the conformity assessment activities in respect of which the conformity assessment body has made its application for notification;

(ii) the conformity assessment module or modules in respect of which the conformity assessment body has made its application for notification;

(iii) the apparatus in respect of which the conformity assessment body has made its application for notification; and either

(b) an accreditation certificate; or

(i) the conformity assessment body's competence; and

(ii) the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to satisfy the notified body requirements.

[^F87 Monitoring _E25

46. The Secretary of State must monitor each approved body with a view to verifying that the body—

(a) continues to meet the approved body requirements;

(b) meets any conditions set—

(i) in accordance with regulation 44(6)(b); or

(ii) in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 44(6)(b) as it applied immediately before IP completion day; and

Presumption of conformity of notified bodies

46. —(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the Official Journal, the Secretary of State is to presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

[^F87 Restriction, suspension or withdrawal of approval _E26

47. —(1) Where the Secretary of State determines that an approved body—

(a) no longer meets an approved body requirement, or

(b) is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 46(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 43 (approved bodies).

(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 46(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 43.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a) give notice in writing to the approved body of the proposed action and the reasons for it;

(b) give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(5) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State—

(a) transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

(b) keep its files relating to the activities it has undertaken as an approved body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.

(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body. ^F87]

Monitoring of notified bodies

47. —(1) The Secretary of State must monitor each notified body with a view to verifying that the notified body—

(a) continues to meet the notified body requirements;

(b) meets any conditions set in accordance with regulation 44(6)(b); and

(2) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures.

[^F87 Operational matters in relation to approved bodies _E27

48. —(1) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures—

(a) in respect of which the body's approval was given under regulation 44; or

(b) in respect of which the body's notification as a notified body was made.

(2) Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Schedule 6.

(3) An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved body to issue a Type-examination certificate referred to in Schedule 3. ^F87]

United Kingdom Accreditation Service

48. The Secretary of State may authorise the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) to carry out the following activities on behalf of the Secretary of State—

(a) assessing whether a conformity assessment body meets the notified body requirements; and

(b) monitoring notified bodies as required by regulation 47 (monitoring of notified bodies).

[^F87 Subsidiaries and contractors _E28

49. —(1) An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

(a) the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

(b) the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c) the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

(a) the assessment of the qualifications of the subcontractor or the subsidiary; and

(b) the conformity assessment activity carried out by the subcontractor or subsidiary.

(4) In this regulation “ subsidiary ” has the meaning given to it in section 1159 of the Companies Act 2006 . ^F87]

Changes to notifications

49. —(1) Where the Secretary of State determines that a notified body no longer meets a notified body requirement, or that it is failing to fulfil its obligations under these Regulations other than a condition set in accordance with regulation 44(6)(b), the Secretary of State must restrict, suspend or withdraw the body's status as a notified body under regulation 43.

(2) With the consent of a notified body, or where the Secretary of State determines that a notified body no longer meets a condition set in accordance with regulation 44(6)(b), the Secretary of State may restrict, suspend or withdraw the body's status as a notified body under regulation 43.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a) give notice in writing to the notified body that the Secretary of State intends to take such action and the reasons for it; and

(b) give the notified body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice and consider any such representations.

(5) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the Commission and the other [^F223 relevant states ^F223] .

(6) Where the Secretary of State has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the notified body must, at the request of the Secretary of State—

(a) transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Secretary of State; or

(b) keep its files relating to the activities it has undertaken as a notified body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date on which the relevant document was created.

[^F87 Register of approved bodies _E29

50. —(1) The Secretary of State must—

(a) assign an approved body identification number to each approved body; and

(b) compile and maintain a register of—

(i) approved bodies;

(ii) their approved body notification numbers;

(iii) the activities for which they have been approved; and

(iv) any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available. ^F87]

Operational obligations of notified bodies

50. When a notified body carries out a relevant conformity assessment procedure, Schedule 6 has effect (operational obligations of notified bodies).

[^F87 UK national accreditation body _E30

51. The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

(a) assessing whether a conformity assessment body meets the approved body requirements;

(b) monitoring approved bodies in accordance with regulation 46; and

Subsidiaries and contractors

51. —(1) A notified body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

(a) the body is satisfied that the subcontractor or subsidiary meets the notified body requirements;

(b) the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c) the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The notified body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where a notified body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the notified body must, for a period of at least 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all the relevant documentation concerning—

(a) the assessment of the qualifications of the subcontractor or the subsidiary; and

(b) the conformity assessment activities carried out by the subcontractor or subsidiary.

PART 5 Enforcement and market surveillance

Designation of enforcing authorities

52. —(1) Except in relation to the apparatus referred to in paragraph (3), it is the duty of the following authorities to enforce these Regulations and RAMS (in its application to apparatus)—

(a) in Great Britain—

(i) OFCOM insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum; and

(ii) within its area, the weights and measures authority.

(b) in Northern Ireland—

(i) OFCOM insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum; and

(ii) the Department of Enterprise, Trade and Investment.

(2) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to apparatus).

(3) In Northern Ireland, these Regulations may be enforced in relation to electricity meters, other than those which are wireless telegraphy apparatus, by the Northern Ireland Authority for Energy Regulation or a person appointed by the Northern Ireland Authority for Energy Regulation.

^F88 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In Scotland, only the Lord Advocate may commence proceedings for an offence.

Designation of market surveillance authorities

53. —(1) The market surveillance authority is—

(a) in Great Britain, within its area, the weights and measures authority; and

(b) in Northern Ireland, within its area, the district council.

(2) The market surveillance authority must make adequate arrangements for market surveillance under these Regulations and RAMS (in its application to apparatus).

(3) When a market surveillance authority carries out market surveillance under these Regulations, Part 1 of Schedule 7 has effect.

Enforcement powers

54. —(1) Part 1 of Schedule 7 (enforcement and investigatory powers conferred upon enforcing authorities and market surveillance authorities) is to have effect where the enforcing authority is—

(a) a weights and measures authority;

(b) OFCOM;

(d) the Department of Enterprise, Trade and Investment.

(2) In addition to the powers available to an enforcing authority under paragraph (1) the authority may use the powers set out in Part 2 of Schedule 7 (compliance, withdrawal and recall notices).

Exercise of enforcement powers

55. When enforcing these Regulations, the enforcing authority must exercise its powers in a manner which is consistent with—

(a) regulation 56 (evaluation of apparatus presenting a risk);

(b) regulation 57 (enforcement action in respect of apparatus that is not in conformity and which present a risk);

(d) regulation 59 (enforcement action in respect of formal non-compliance);

(e) regulation 60 (restrictive measures).

Evaluation of apparatus presenting a risk

56. —(1) Where the market surveillance authority has sufficient reason to believe that apparatus presents a risk, the market surveillance authority must carry out an evaluation of that apparatus covering the relevant requirements of Part 2 in respect of that apparatus.

(2) Where the enforcing authority has sufficient reason to believe that apparatus presents a risk, the enforcement authority may carry out an evaluation of that apparatus covering the relevant requirements of Part 2 in respect of that apparatus.

Enforcement action in respect of apparatus that is not in conformity and which present a risk _E31

57. —(1) Where in the course of the evaluation referred to in regulation 56 (evaluation of apparatus presenting a risk) the enforcing authority finds that the apparatus is not in conformity with Part 2, it must, without delay, require the relevant economic operator to—

(a) take the appropriate corrective action to bring the apparatus into conformity with those requirements within a prescribed period;

(b) withdraw the apparatus within a prescribed period; or

(2) The enforcing authority must inform the [^F90 approved ^F90] body that carried out the relevant conformity assessment procedure in relation to the apparatus of—

(a) the respect in which the apparatus is not in conformity with Part 2; and

(b) the actions which the enforcing authority is requiring the relevant economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

(a) the results of the evaluation; and

(b) the actions which the enforcing authority has required the economic operator to take.

^F91 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a) prohibit or restrict the apparatus being made available on the market in the United Kingdom;

(b) withdraw the apparatus from the United Kingdom market; or

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

^F92 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The [^F93 notice in paragraph (6) ^F93] must include details about the apparatus and, in particular—

(a) the data necessary to identify the apparatus that is not in conformity with Part 2;

(b) the origin of the apparatus;

(d) the nature and duration of the measures taken;

(e) the arguments put forward by the relevant economic operator;

(f) whether the failure of the apparatus to conform with the requirements of Part 2 is due to—

(i) the failure of the apparatus to meet the requirements of that Part relating to risk; or

(ii) shortcomings in the [^F94 designated ^F94] standards referred to in regulation 39 (presumption of conformity) which confer a presumption of conformity.

(9) In this regulation, “ prescribed period ” means a period which is—

(a) prescribed by the enforcing authority; and

(b) reasonable and commensurate with the nature of the risk presented by the apparatus.

Enforcement action in respect of apparatus that is not in conformity and which present a risk

(a) take the appropriate corrective action to bring the apparatus into conformity with those requirements within a prescribed period;

(b) withdraw the apparatus within a prescribed period; or

(2) The enforcing authority must inform the notified body that carried out the relevant conformity assessment procedure in relation to the apparatus of—

(a) the respect in which the apparatus is not in conformity with Part 2; and

(b) the actions which the enforcing authority is requiring the relevant economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to [^F224 Northern Ireland ^F224] , it must notify the Secretary of State of—

(a) the results of the evaluation; and

(b) the actions which the enforcing authority has required the economic operator to take.

(4)[^F225 Subject to paragraph (4A), ^F225] where the Secretary of State receives notice from an enforcing authority under paragraph (3), or otherwise considers that the failure of apparatus to conform with the requirements of Part 2 referred to paragraph (1) is not restricted to [^F226 Northern Ireland ^F226] , the Secretary of State must inform the European Commission and the other [^F227 relevant states ^F227] of—

(a) the results of the evaluation; and

(b) the actions which the enforcing authority has required the economic operator to take.

[^F228 (4A) Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland. ^F228]

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a) prohibit or restrict the apparatus being made available on the market in [^F229 Northern Ireland ^F229] ;

(b) withdraw the apparatus from the [^F230 market in Northern Ireland ^F230] ; or

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) Where the Secretary of State receives a notice under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [^F231 relevant states ^F231] of those measures without delay.

(8) The notices referred to in paragraphs (6) and (7) must include details about the apparatus and, in particular—

(a) the data necessary to identify the apparatus that is not in conformity with Part 2;

(b) the origin of the apparatus;

(d) the nature and duration of the measures taken;

(e) the arguments put forward by the relevant economic operator;

(f) whether the failure of the apparatus to conform with the requirements of Part 2 is due to—

(i) the failure of the apparatus to meet the requirements of that Part relating to risk; or

(ii) shortcomings in the harmonised standards referred to in regulation 39 (presumption of conformity) which confer a presumption of conformity.

(9) In this regulation, “ prescribed period ” means a period which is—

(a) prescribed by the enforcing authority; and

(b) reasonable and commensurate with the nature of the risk presented by the apparatus.

EU safeguard procedure

58. [^F95—(1) Where another [^F96 relevant state ^F96] has initiated the procedure under Article 38 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a) any measures taken by the enforcing authority in respect of the apparatus; and

(b) any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the apparatus.

(2) Where another [^F97 relevant state ^F97] has initiated the procedure under Article 38 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [^F98 relevant states ^F98] of—

(a) any measure taken by an enforcing authority [^F99 in Northern Ireland ^F99] in respect of the apparatus;

(b) any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the [^F100 apparatus. ^F100]

^F101 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another [^F102 relevant state ^F102] in respect of apparatus is considered justified under Article 38(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as the withdrawal of apparatus, are taken [^F103 in Northern Ireland ^F103] in respect of the apparatus without delay.

(4) Where a measure taken by another [^F104 relevant state ^F104] in respect of apparatus is considered justified by the European Commission under Article 39(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the apparatus is withdrawn from the [^F105 market in Northern Ireland ^F105] .

(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3) or (4), it must inform the Secretary of State.

(6) Where the Secretary of State receives a notice under paragraph (5) or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [^F106 in respect of Northern Ireland ^F106] .

(7) If a measure taken by an enforcing authority pursuant to regulation 57 is considered unjustified by the European Commission under Article 39(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [^F107 in respect of Northern Ireland ^F107] . ^F95]

Enforcement action in respect of formal non-compliance _E32

59. —(1) Where an enforcing authority makes one of the following findings relating to apparatus, it must require a relevant economic operator to put an end to the non-compliance within a specified period—

(a) the [^F108 UK ^F108] marking

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulations 35 (prohibition on improper use of [^F108 UK ^F108] marking) and 42 ( [^F108 UK ^F108] marking);

(b) ^F109 the ... declaration of conformity—

(i) has not been drawn up; or

(ii) ^F109^,^F109 has been drawn up otherwise in accordance with regulation 10 ( ... declaration of conformity and [^F110 UK ^F110] marking) and 41 ( ... declaration of conformity);

(d) the information set out in regulation 13 (information identifying manufacturer) is absent, false or incomplete;

(e) any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance referred to in paragraph (1).

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—

(a) restrict or prohibit the apparatus being made available on the market;

(b) ensure that the apparatus is recalled;

(4) Where the non-compliance referred to in paragraph (1) persists and the apparatus has been imported for the person's own use, the enforcing authority must take appropriate measures to ensure that the apparatus is prohibited or restricted.

(5) This regulation does not apply where apparatus presents a risk.

Enforcement action in respect of formal non-compliance

(a) the CE marking

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulations 35 (prohibition on improper use of CE marking) and 42 (CE marking);

[^F232 (aa) the UK(NI) indication—

(i) has not been affixed, in contravention of regulation 42A; or

(ii) has been affixed other than in accordance with regulation 42A; ^F232]

(b) the EU declaration of conformity—

(i) has not been drawn up; or

(ii) has been drawn up otherwise in accordance with regulation 10 (EU declaration of conformity and CE marking) and 41 (EU declaration of conformity);

(d) the information set out in regulation 13 (information identifying manufacturer) is absent, false or incomplete;

(e) any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—

(a) restrict or prohibit the apparatus being made available on the market;

(b) ensure that the apparatus is recalled;

(5) This regulation does not apply where apparatus presents a risk.

Restrictive measures

60. When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS in relation to any measure to—

(a) prohibit or restrict apparatus being made available on the market;

(b) withdraw apparatus; or

Offences

61. —(1) It is an offence for a person to contravene or fail to comply with any requirement of regulations 7 to 15, 16(4), 17 to 24, 25(4), 26 to 30, 31(4), 33, 35 and 37.

(2) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

Penalties

62. —(1) Subject to paragraph (2) [^F111 and (3) ^F111] , a person guilty of an offence under regulation 61 (offences) is liable on summary conviction—

(a) in England and Wales—

(i) to imprisonment for a term not exceeding 3 months; or

(ii) a fine; or

(iii) to both.

(b) in Scotland and Northern Ireland—

(i) to imprisonment for a term not exceeding 3 months; or

(ii) a fine not exceeding level 5 on the standard scale; or

(iii) to both.

(2) A person guilty of an offence by reason of a contravention or failure to comply with regulations 11, 16, 24 and 31 is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

[^F112 (3) A person guilty of an offence under regulation 61(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale. ^F112]

Defence of due diligence

63. —(1) Subject to paragraph (2), (4) and (6), in proceedings for an offence under regulation 61 (offences), it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a) served a notice in accordance with paragraph (3); or

(b) obtained the leave of the court.

(3) The notice must—

(a) give any information in P's possession which identifies or assists in identifying the person who—

(i) committed the act or default; or

(ii) supplied the information on which P relied; and

(b) be served on the person bringing the proceedings not less than 7 clear days before—

(i) in England, Wales and Northern Ireland, the hearing of the proceedings;

(ii) in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a) to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether P had any reason to disbelieve the information.

(5) In this regulation, “ third party allegation ” means an allegation that the commission of the offence was due—

(a) to the act or default of another person; or

(b) to reliance on information supplied by another person.

Liability of persons other than the principal offender

64. —(1) Where the commission of an offence by one person (“A”) under regulation 61 is due to anything which another person (“B”) did or failed to do in the course of any business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.

(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed—

(a) with the consent or connivance of the relevant person; or

(b) as a result of the negligence of the relevant person.

(3) In paragraph (2), “ relevant person ” means—

(a) a director, manager, secretary or other similar officer of the body corporate;

(b) in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;

(d) a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Service of documents

65. —(1) Any document required or authorised by these Regulations to be served on a person may be served by—

(a) delivering it to that person in person;

(b) leaving it at that person's proper address; or

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, “ proper address ” means—

(a) in the case of a body corporate or its director—

(i) the registered or principal office of that body; or

(ii) the email address of the secretary or clerk of that body;

(b) in the case of a partnership, a partner or person having control or management of the partnership business—

(i) the principal office of the partnership; or

(ii) the email address of a partner or person having that control or management;

(5) If a person to be served with a document has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address.

(6) In this regulation, “ partnership ” includes a Scottish partnership.

Recovery of expenses of enforcement

66. —(1) This regulation applies where a person commits an offence under regulation 61 (offences).

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.

Action by enforcing authority

67. —(1) An enforcing authority may itself take any action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—

(a) the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or

(b) the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from that person, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily—

(a) ^M13 in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 ;

(b) ^M14 in Northern Ireland in proceedings under article 62 of the Magistrates' Courts (Northern Ireland) Order 1981 .

Appeals against notices

68. —(1) Any application for an order to vary or set aside the terms of a notice served under these Regulations may be made—

(a) by the economic operator on whom the notice has been served; and

(b) by a person having an interest in the apparatus in respect of which the notice has been served, unless the notice is a recall notice.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—

(a) that the requirements of these Regulations and RAMS (in its application to apparatus) have been complied with in respect of the apparatus to which the notice relates; or

(b) that the enforcing authority failed to comply with regulation 55 (exercise of enforcement powers) when serving the notice.

(4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this regulation—

(a) the “appropriate court” is to be determined in accordance with regulation 69 (appropriate court for appeals against notices) ; and

(b) “ notice ” means any notice served in accordance with Part 2 of Schedule 7.

Appropriate court for appeals against notices

69. —(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 68 (appeals against notices) is—

(a) the court in which proceedings have been brought in relation to the apparatus for an offence under regulation 61 (offences); or

(b) in any other case, a magistrates' court.

(2) In Scotland, the appropriate court for the purposes of regulation 68 is the sheriff of the sheriffdom in which the person making the appeal resides or has a registered principal office;

(3) A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 68, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the crown court;

(b) in Northern Ireland, to the county court.

Time limit for prosecution of offences

70. —(1) Subject to paragraph (4), in England and Wales an information relating to an offence under regulation 61 that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) Subject to paragraph (4), in Scotland—

(a) summary proceedings for an offence under regulation 61 (offences) may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge; and

(b) ^M15 section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(3) Subject to paragraph (4), in Northern Ireland summary proceedings for an offence under regulation 61 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

(4) No proceedings may be brought more than 3 years after the commission of the offence.

(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to paragraphs (1), (2) or (3) came to their notice, is conclusive evidence.

Compensation

71. —(1) Where an enforcing authority serves a relevant notice in respect of apparatus, the enforcing authority is liable to pay compensation to a person having an interest in the apparatus for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a) the apparatus in respect of which the relevant notice was served neither—

(i) presents a risk; nor

(ii) contravenes any requirement of these Regulations; and

(b) the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.

(3) In this regulation, “ relevant notice ” means a suspension, withdrawal or recall notice served in accordance with these Regulations.

Power of the court to require a matter to be remedied

72. —(1) Where a person is convicted of an offence in relation to the contravention or failure to comply with a requirement of Part 2 or Part 3 of these Regulations in respect of a matter that appear to the court to be a matter which it is within that person's power to remedy, the court may, in addition to or instead of imposing any punishment, order that person within such time as may be specified in that order, to take such steps as may be specified in the order for remedy the said matter.

(2) The time specified in an order made under paragraph (1) may be extended or further extended by order of the court on an application made before the end of the time that was originally specified in that order or extended under this paragraph, as the case may be.

(3) Where a person is ordered under paragraph (1) to remedy any matter, that person is not guilty of an offence under these Regulations insofar as those offences continued until the date specified in the order under paragraph (1) or the date to which the period specified in that order is extended under paragraph (2).

PART 6 MISCELLANEOUS

Review _E33

73. —(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of 5 years beginning on the date these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

Review

73. —(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other [^F233 relevant states ^F233] .

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of 5 years beginning on the date these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

Transitional provision

74. Nothing in these Regulations prevents the making available on the market or the putting into service of equipment which—

(a) ^F113 is in conformity with the requirements of Directive 2004/108/EC on the approximation of laws, regulations and administrative provisions of the Member States relating to electromagnetic compatibility ; and

(b) is placed on the market or put into service before the commencement date.

[^F114 Transitional provision in relation to EU Exit

74A. —(1) In this regulation—

“ pre-exit period ” means the period beginning with 8th December 2016 and ending immediately before IP completion day;

“ product ” means electromagnetic equipment to which these Regulations apply.

(2) Subject to paragraph (3) where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 20 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to —

(a) any obligation to any enforcing authority to inform the European Commission or the member States of any matter; or

(b) any obligation to take action outside of the United Kingdom in respect of that product.

^F115 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F114]

Revocations and savings

75. —(1) Subject to paragraph (2), the 2006 Regulations are revoked.

(2) The 2006 Regulations continue to apply, [^F116 subject to the modifications in paragraph (2A), ^F116] as if they had not been revoked, to equipment placed on the market or put into service before the commencement date.

[^F117 (2A) The modifications referred to in paragraph (2) are that in the Electromagnetic Compatibility Regulations 2006—

(a) any reference to “the Community” is to be read as including the United Kingdom;

(b) any reference to a “member State” is to be read as including the United Kingdom. ^F117]

^M16 (3) Accordingly, despite the repeals in regulation 76(4), the entries in paragraphs 10, 19(7)(a), 25(7) and 30(1) of Schedule 5 to the Consumer Rights Act 2015 relating to the 2006 Regulations are to continue to have effect in relation to equipment placed on the market or put into service before the commencement date.

^M17 (4) The Electromagnetic Compatibility (Amendment) Regulations 2006 are revoked.

(5) Nothing in these Regulations is to be construed as preventing the taking of any action in respect of any equipment under the provisions of any other enactment.

Consequential amendments

^M18 76. —(1) In Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information)(Specification) Order 2004 for “the Electromagnetic Compatibility Regulations 2006”, substitute “ the Electromagnetic Compatibility Regulations 2016 ” .

^M19 (2) The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 is amended as follows—

(a) in Part 3 of the Schedule, under the heading “Consumer and business protection”, for “Electromagnetic Compatibility Regulations 2006”, substitute “ Electromagnetic Compatibility Regulations 2016 ” ;

(b) in Part 8 of the Schedule, for “Electromagnetic Compatibility Regulations 2006”, substitute “ Electromagnetic Compatibility Regulations 2016 ” .

^M20 (3) In Part 4 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 for “the Electromagnetic Compatibility Regulations 2006”, substitute “ the Electromagnetic Compatibility Regulations 2016 ” .

(4) Subject to paragraph (3) of regulation 75, Schedule 5 to the Consumer Rights Act 2015 is amended as follows—

(a) in paragraph 10—

(i) omit the entry “regulation 37(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2006 (S.I. 2006/3418);”; and

(ii) at the appropriate place insert—

“ regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091); ” ;

(b) in paragraph 19(7)(a), for “the Electromagnetic Compatibility Regulations 2006 (S.I. 2006/3418)”, substitute “ the Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091) ” ;

(c) in paragraph 25(7), for “regulation 37(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2006/3418)”, substitute “ regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2016/1091) ” ; and

(d) in paragraph 30(1), for “regulation 37(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2006/3418)”, substitute “ regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2016/1091) ” .

Margot James

Parliamentary Under Secretary of State, Minister for Small Business, Consumers and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

SCHEDULES

Regulation 2(1)

SCHEDULE 1 Essential Requirements

General requirements

1. Equipment must be so designed and manufactured, having regard to the state of the art, as to ensure that—

(a) the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended;

(b) it has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended use.

Specific requirements for fixed installations

2. A fixed installation must be installed applying good engineering practices and respecting the information on the intended use of its components, with a view to meeting the essential requirements set out in paragraph 1 of this Schedule.

Regulation 9(b)(i)

SCHEDULE 2 Module A: internal production control

1. Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 2 to 5 of this Schedule, and ensures and declares on the manufacturer's sole responsibility that the apparatus concerned satisfies the requirements of these Regulations that apply to it.

Electromagnetic compatibility assessment

2. The manufacturer must perform an electromagnetic compatibility assessment of the apparatus, on the basis of the relevant phenomena, with a view to meeting the essential requirements set out in paragraph 1 of Schedule 1.

3. The electromagnetic compatibility assessment must take into account all normal intended operating conditions. Where the apparatus is capable of taking different configurations, the electromagnetic compatibility assessment must confirm whether the apparatus meets the essential requirements set out in paragraph 1 of Schedule 1 in all the possible configurations identified by the manufacturer as representative of its intended use.

Technical documentation _E34_,_E77

4. The manufacturer must establish the technical documentation. The documentation must make it possible to assess the conformity of the apparatus to the relevant requirements, and must include an adequate analysis and assessment of the risks.

5. The technical documentation must specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the apparatus. The technical documentation must, wherever applicable, contain at least the following elements—

(a) a general description of the apparatus;

(b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc. ;

(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the apparatus;

(d) ^F119 a list of the [^F118 designated ^F118] standards applied in full or in part ... and, where those [^F118 designated ^F118] standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of these Regulations, including a list of other relevant technical specifications applied. In the event of a partly applied [^F118 designated ^F118] standard, the technical documentation must specify the parts of the standard that have been applied;

(e) results of design calculations made, examinations carried out, etc.;

(f) test reports.

(a) a general description of the apparatus;

(b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the apparatus;

(d) a list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of these Regulations, including a list of other relevant technical specifications applied. In the event of a partly applied harmonised standard, the technical documentation must specify the parts of the standard that have been applied;

(e) results of design calculations made, examinations carried out, etc.;

(f) test reports.

Manufacturing

6. The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure the compliance of the manufactured apparatus with the technical documentation referred to in paragraphs 4 and 5 of this Schedule and the essential requirements set out in paragraph 1 of Schedule 1.

[^F120 CE ^F120] [^F120 UK ^F120] marking and [^F121 EU ^F121] declaration of conformity _E35_,_E78

7. The manufacturer must affix the [^F122 UK ^F122] marking to each individual apparatus that satisfies the applicable requirements of these Regulations,

7. The manufacturer must affix the CE marking to each individual apparatus that satisfies the applicable requirements of these Regulations,

8. The manufacturer must draw up a written [^F123 EU ^F123] declaration of conformity for an apparatus model and keep it together with the technical documentation at the disposal of the national authorities for 10 years after the apparatus has been placed on the market. The [^F123 EU ^F123] declaration of conformity must identify the apparatus model for which it has been drawn up.

Authorised Representative

9. The manufacturer's obligations set out in paragraphs 7 and 8 may be fulfilled by the authorised representative, on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate.

Regulation 9(b)(i)

SCHEDULE 3 Applicable conformity assessment procedures

PART 1 Module B: [^F124 EU-type ^F124] [^F124 Type ^F124] Examination _E36_,_E79_,_E37_,_E80_,_E38_,_E81_,_E39_,_E82_,_E40_,_E83_,_E41_,_E84_,_E42_,_E85_,_E43_,_E86_,_E44_,_E87_,_E45_,_E88_,_E46_,_E89_,_E47_,_E90_,_E48_,_E91_,_E49_,_E92_,_E50_,_E93_,_E51_,_E94

1. [^F125 Type ^F125] examination is the part of a conformity assessment procedure in which [^F126 an approved ^F126] body examines the technical design of an apparatus and verifies and attests that the technical design of the apparatus meets the essential requirements set out in paragraph 1 of Schedule 1.

1. EU-type examination is the part of a conformity assessment procedure in which a notified body examines the technical design of an apparatus and verifies and attests that the technical design of the apparatus meets the essential requirements set out in paragraph 1 of Schedule 1.

2. [^F127 Type ^F127] examination must be carried out by an assessment of the adequacy of the technical design of the apparatus through examination of the technical documentation referred to in paragraphs 3 and 4 without examination of a specimen (design type). It may be restricted to some aspects of the essential requirements as specified by the manufacturer or the manufacturer's authorised representative.

2. EU-type examination must be carried out by an assessment of the adequacy of the technical design of the apparatus through examination of the technical documentation referred to in paragraphs 3 and 4 without examination of a specimen (design type). It may be restricted to some aspects of the essential requirements as specified by the manufacturer or the manufacturer's authorised representative.

3. The manufacturer must lodge an application for [^F128 Type ^F128] examination with a single [^F129 approved ^F129] body of the manufacturer's choice. The application must specify the aspects of the essential requirements for which examination is requested and must include—

(a) the name and address of the manufacturer or, if the application is lodged by an authorised representative, the name and address of the authorised representative and of the manufacturer;

(b) a written declaration that the same application has not been lodged with another [^F129 approved ^F129] body;

3. The manufacturer must lodge an application for EU-type examination with a single notified body of the manufacturer's choice. The application must specify the aspects of the essential requirements for which examination is requested and must include—

(a) the name and address of the manufacturer or, if the application is lodged by an authorised representative, the name and address of the authorised representative and of the manufacturer;

(b) a written declaration that the same application has not been lodged with another notified body;

4. The technical documentation referred to in paragraph 3(c) of this Schedule must make it possible to assess the conformity of the apparatus with the applicable requirements of these Regulations and must include an adequate analysis and assessment of the risks posed by the apparatus. The technical documentation must specify the applicable requirements and cover, as far as is relevant for the assessment, the design, manufacture and operation of the apparatus. The technical documentation must contain, where applicable, at least the following elements—

(a) a general description of the apparatus;

(b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.

(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the apparatus;

(d) ^F131 a list of the [^F130 designated ^F130] standards applied in full or in part ... and, where the harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of these Regulations, including a list of other relevant technical specifications applied. In the event of a partly applied harmonised standard, the technical documentation must specify the parts of the standard that have been applied;

(e) results of design calculations made, examinations carried out, etc.;

(f) test reports.

(a) a general description of the apparatus;

(b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.

(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the apparatus;

(d) a list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal and, where the harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of these Regulations, including a list of other relevant technical specifications applied. In the event of a partly applied harmonised standard, the technical documentation must specify the parts of the standard that have been applied;

(e) results of design calculations made, examinations carried out, etc.;

(f) test reports.

5. The [^F132 approved ^F132] body must examine the technical documentation to assess the adequacy of the technical design of the apparatus in relation to the aspects of the essential requirements for which examination is requested.

5. The notified body must examine the technical documentation to assess the adequacy of the technical design of the apparatus in relation to the aspects of the essential requirements for which examination is requested.

6. The [^F133 approved ^F133] body must draw up an evaluation report which records the activities undertaken in accordance with paragraph 5 and their outcomes. Without prejudice to its obligations to the notifying authorities, the [^F133 approved ^F133] body must release the content of that report, in full or in part, only with the agreement of the manufacturer.

6. The notified body must draw up an evaluation report which records the activities undertaken in accordance with paragraph 5 and their outcomes. Without prejudice to its obligations to the notifying authorities, the notified body must release the content of that report, in full or in part, only with the agreement of the manufacturer.

7. Where the type meets the requirements of these Regulations that apply to the apparatus concerned, the [^F134 approved ^F134] body must issue [^F135 a Type ^F135] examination certificate to the manufacturer.

7. Where the type meets the requirements of these Regulations that apply to the apparatus concerned, the notified body must issue an EU-type examination certificate to the manufacturer.

8. The [^F136 Type ^F136] examination certificate, which may be accompanied by one or more annexes, must contain—

(a) the name and address of the manufacturer;

(b) the conclusions of the examination of the apparatus;

(d) the conditions (if any) for the validity of the certificate; and

(e) the necessary data for the identification of the approved type.

8. The EU-type examination certificate, which may be accompanied by one or more annexes, must contain—

(a) the name and address of the manufacturer;

(b) the conclusions of the examination of the apparatus;

(d) the conditions (if any) for the validity of the certificate; and

(e) the necessary data for the identification of the approved type.

9. The [^F137 Type ^F137] examination certificate and any annexes to that certificate must contain all relevant information to allow the conformity of manufactured apparatus with the examined type to be evaluated and to allow for in-service control.

9. The EU-type examination certificate and any annexes to that certificate must contain all relevant information to allow the conformity of manufactured apparatus with the examined type to be evaluated and to allow for in-service control.

10. Where the type does not satisfy the applicable requirements of these Regulations, the [^F138 approved ^F138] body must refuse to issue the [^F139 Type ^F139] examination certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

10. Where the type does not satisfy the applicable requirements of these Regulations, the notified body must refuse to issue the EU-type examination certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

11. The [^F140 approved ^F140] body must keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations and must determine whether such changes require further investigation. If so, the [^F140 approved ^F140] body must inform the manufacturer accordingly.

11. The notified body must keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations and must determine whether such changes require further investigation. If so, the notified body must inform the manufacturer accordingly.

12. The manufacturer must inform the [^F141 approved ^F141] body that holds the technical documentation relating to the [^F142 Type ^F142] examination certificate of all modifications to the approved type that may affect the conformity of the apparatus with the essential requirements of these Regulations or the conditions for validity of that certificate. Such modifications must require additional approval in the form of an addition to the [^F142 Type ^F142] examination certificate.

12. The manufacturer must inform the notified body that holds the technical documentation relating to the EU-type examination certificate of all modifications to the approved type that may affect the conformity of the apparatus with the essential requirements of these Regulations or the conditions for validity of that certificate. Such modifications must require additional approval in the form of an addition to the EU-type examination certificate.

13. Each [^F143 approved ^F143] body must inform its notifying authority of any [^F144 Type ^F144] examination certificates or any additions thereto, which it has issued or withdrawn and, must periodically or upon request, make available to its notifying authority a list of such certificates and additions thereto that it has refused, suspended or otherwise restricted.

13. Each notified body must inform its notifying authority of any EU-type examination certificates or any additions thereto, which it has issued or withdrawn and, must periodically or upon request, make available to its notifying authority a list of such certificates and additions thereto that it has refused, suspended or otherwise restricted.

14. Each [^F145 approved ^F145] body must inform the other [^F145 approved ^F145] bodies of any [^F146 Type ^F146] examination certificates or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted. Upon request from another [^F145 approved ^F145] body, [^F147 an approved ^F147] body must inform the requesting body of the [^F146 Type ^F146] examination certificates that it has issued.

14. Each notified body must inform the other notified bodies of any EU-type examination certificates or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted. Upon request from another notified body, a notified body must inform the requesting body of the EU-type examination certificates that it has issued.

15. [^F148 The Secretary of State ^F148] and the other [^F149 approved ^F149] bodies may, on request, obtain a copy of the [^F150 Type ^F150] examination certificate and any additions thereto. On request, the Commission and the Member States may obtain a copy of the technical documentation and the results of the examination carried out by the [^F149 approved ^F149] body. The [^F149 approved ^F149] body must keep a copy of the [^F150 Type ^F150] examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

15. The Commission, the [^F234 relevant states ^F234] and the other notified bodies may, on request, obtain a copy of the EU-type examination certificate and any additions thereto. On request, the Commission and the [^F234 relevant states ^F234] may obtain a copy of the technical documentation and the results of the examination carried out by the notified body. The notified body must keep a copy of the EU-type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

16. The manufacturer must keep a copy of the [^F151 Type ^F151] examination certificate, its annexes and additions, together with the technical documentation at the disposal of the national authorities for 10 years after the apparatus has been placed on the market.

16. The manufacturer must keep a copy of the EU-type examination certificate, its annexes and additions, together with the technical documentation at the disposal of the national authorities for 10 years after the apparatus has been placed on the market.

17. The manufacturer's authorised representative may lodge the application referred to in paragraph 3 and fulfil the obligations set out in paragraphs 12 and 16 of this Schedule, provided that these obligations are specified in the authorised representative's written mandate.

PART 2 Module C: conformity to type based on internal production control _E52_,_E95

18. Conformity to type based on internal production control is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations set out in paragraphs 19 and 20 of this Schedule and ensures and declares that the apparatus concerned is in conformity with the type described in the [^F152 Type ^F152] Examination certificate and satisfies the requirements of these Regulations that apply to it.

18. Conformity to type based on internal production control is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations set out in paragraphs 19 and 20 of this Schedule and ensures and declares that the apparatus concerned is in conformity with the type described in the EU-type Examination certificate and satisfies the requirements of these Regulations that apply to it.

Manufacturing _E53

19. The manufacturer must take all measures necessary to ensure that the manufacturing process and the monitoring of that process ensure the conformity of the manufactured apparatus with the approved type described in the [^F153 Type ^F153] examination certificate and with the requirements of these Regulations that apply to it.

Manufacturing

19. The manufacturer must take all measures necessary to ensure that the manufacturing process and the monitoring of that process ensure the conformity of the manufactured apparatus with the approved type described in the EU-type examination certificate and with the requirements of these Regulations that apply to it.

^F155 [^F154 UK ^F154] marking and ... declaration of conformity _E54

20. —(1) The manufacturer must affix the [^F156 UK ^F156] marking to each individual apparatus that is in conformity with the type described on the [^F157 Type ^F157] examination certificate and satisfies the applicable requirements of these Regulations.

^F158^,^F158 (2) The manufacturer must draw up a written ... declaration of conformity for each apparatus model and keep it at the disposal of the national authorities for 10 years after the apparatus has been placed on the market. The ... declaration of conformity must identify the apparatus model for which it has been drawn up.

^F159 (3) A copy of the ... declaration of conformity must be made available to the relevant authorities upon request.

CE marking and EU declaration of conformity

20. —(1) The manufacturer must affix the CE marking to each individual apparatus that is in conformity with the type described on the EU-type examination certificate and satisfies the applicable requirements of these Regulations.

(2) The manufacturer must draw up a written EU declaration of conformity for each apparatus model and keep it at the disposal of the national authorities for 10 years after the apparatus has been placed on the market. The EU declaration of conformity must identify the apparatus model for which it has been drawn up.

(3) A copy of the EU declaration of conformity must be made available to the relevant authorities upon request.

Authorised representative

21. The manufacturer's obligations set out in paragraph 20 of this Schedule may be fulfilled by an authorised representative on behalf of the manufacturer and under the responsibility of the manufacturer provided that these responsibilities are set out in the authorised representative's written mandate.

Regulation 41

SCHEDULE 4 [^F160 EU declaration ^F160] [^F160 Declaration ^F160] of conformity

[^F161 EU declaration ^F161] [^F161 Declaration ^F161] of conformity (No xxxx) _E55_,_E96_,_E56_,_E97_,_E57_,_E98

^M21 1. Apparatus model (apparatus, type, batch or serial number):

2. Name and address of manufacturer or the manufacturer's authorised representative:

3. This declaration of conformity is issued under the sole responsibility of the manufacturer.

4. Object of the declaration (identification of apparatus allowing traceability; it may include a colour image of sufficient clarity where necessary for the identification of the apparatus):

5. The object of the declaration described above is in conformity with the relevant [^F162 statutory requirements ^F162] :

5. The object of the declaration described above is in conformity with the relevant EU harmonisation legislation:

6. References to the relevant [^F163 designated ^F163] standards used, including the date of the standard, or references to the other technical specifications, including the date of the specification, in relation to which conformity is declared:

6. References to the relevant harmonised standards used, including the date of the standard, or references to the other technical specifications, including the date of the specification, in relation to which conformity is declared:

7. Where applicable, the [^F164 approved ^F164] body … (name, number) performed … (description of intervention) and issued the certificate:

7. Where applicable, the notified body … (name, number) performed … (description of intervention) and issued the certificate:

8. Additional information:

Signed for and on behalf of:
(place and date of issue):
(name, function) (signature):

Regulation 2(1)

SCHEDULE 5 Requirements for [^F165 notified ^F165] [^F165 approved ^F165] bodies _E58_,_E99_,_E59_,_E100_,_E60_,_E101_,_E61_,_E102_,_E62_,_E103

[^F166 1. —(1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “ the CPTPP ” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 . ^F166]

2. —(1) A conformity assessment body must be a third party body independent of the organisation or the apparatus it assesses.

(2) A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of apparatus which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered an independent body under sub-paragraph (1).

3. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the apparatus which the conformity assessment body assesses, nor the representative of any of those parties.

4. Nothing in paragraph 3 of this Schedule precludes the use of assessed apparatus that is necessary for the operations of the conformity assessment body or the use of such apparatus for personal purposes.

5. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of the apparatus, or represent the parties engaged in those activities.

6. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in any activity, including consultancy services, that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are [^F167 approved ^F167] .

7. A conformity assessment body must ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

8. A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.

9. A conformity assessment body must be capable of carrying out all of the conformity assessment activities in relation to which it has been, or is to be, [^F168 approved ^F168] , whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

9. A conformity assessment body must be capable of carrying out all of the conformity assessment activities in relation to which it has been, or is to be, notified, whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

10. A conformity assessment body must have at its disposal—

(a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

(b) descriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures;

(c) policies and procedures in place to distinguish between tasks that it carries out as [^F169 an approved ^F169] body and other activities;

(d) procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the technology of the apparatus in question and the mass or serial nature of the production process.

10. A conformity assessment body must have at its disposal—

(a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

(b) descriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures;

(c) policies and procedures in place to distinguish between tasks that it carries out as a notified body and other activities;

11. A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to all necessary equipment and facilities.

12. The personnel responsible for carrying out the conformity assessment activities must have—

(a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been [^F170 approved ^F170] ;

(b) satisfactory knowledge of the requirements of the assessments that they carry out and adequate authority to carry out those assessments;

(c) ^F172 appropriate knowledge and understanding of the essential requirements, of the applicable [^F171 designated ^F171] standards and ... of these Regulations;

(d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

12. The personnel responsible for carrying out the conformity assessment activities must have—

(a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

(b) satisfactory knowledge of the requirements of the assessments that they carry out and adequate authority to carry out those assessments;

(c) appropriate knowledge and understanding of the essential requirements, of the applicable harmonised standards and of the Directive and of these Regulations;

(d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

13. A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.

14. The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.

15. A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.

16. A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.

17. Paragraph 16 does not prevent the personnel from providing information to the Secretary of State or an enforcing authority.

18. A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any [^F173 approved ^F173] body coordination group established [^F174 by the Secretary of State ^F174] and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

18. A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any notified body coordination group established under the Directive and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

Regulation 50

SCHEDULE 6 Operational obligations of [^F175 notified ^F175] [^F175 approved ^F175] bodies _E63_,_E104_,_E64_,_E105_,_E65_,_E106_,_E66_,_E107_,_E67_,_E108_,_E68_,_E109_,_E69_,_E110_,_E70_,_E111_,_E71_,_E112_,_E72_,_E113_,_E73_,_E114

1. [^F176 An approved ^F176] body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

1. A notified body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

2. [^F177 An approved ^F177] body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens for economic operators.

2. A notified body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens for economic operators.

3. Conformity assessment bodies must perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the apparatus technology in question and the mass or serial nature of the production process.

4. Conformity assessment bodies must respect the degree of rigour and level of protection required for the compliance of the apparatus with these Regulations.

5. Where [^F178 an approved ^F178] body finds that the essential requirements or the corresponding [^F179 designated ^F179] standards or other technical specifications have not been met by a manufacturer, it must require that manufacturer to take appropriate corrective measures and must not issue a certificate.

5. Where a notified body finds that the essential requirements or the corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require that manufacturer to take appropriate corrective measures and must not issue a certificate.

6. Where, in the course of the monitoring of the conformity of apparatus following the issue of a certificate, [^F180 an approved ^F180] body finds that apparatus is no longer in conformity, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate if necessary.

6. Where, in the course of the monitoring of the conformity of apparatus following the issue of a certificate, a notified body finds that apparatus is no longer in conformity, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate if necessary.

7. Where corrective measures are not taken or do not have the required corrective effect, the [^F181 approved ^F181] body must restrict, suspend or withdraw any certificate as appropriate.

7. Where corrective measures are not taken or do not have the required corrective effect, the notified body must restrict, suspend or withdraw any certificate as appropriate.

8. Paragraph 9 applies where [^F182 an approved ^F182] body is minded to—

(a) refuse to issue a certificate; or

(b) restrict, suspend or withdraw a certificate.

8. Paragraph 9 applies where a notified body is minded to—

(a) refuse to issue a certificate; or

(b) restrict, suspend or withdraw a certificate.

9. Where this paragraph applies, the [^F183 approved ^F183] body must—

(a) give the person applying for the certificate, or the person to whom the certificate was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b) give the person applying for the certificate, or the person to whom the certificate was given, an opportunity to make representations within a reasonable period from the date of the notice; and

9. Where this paragraph applies, the notified body must—

(b) give the person applying for the certificate, or the person to whom the certificate was given, an opportunity to make representations within a reasonable period from the date of the notice; and

10. [^F184 An approved ^F184] body must inform the Secretary of State of—

(a) any refusal, restriction, suspension or withdrawal of a certificate;

(b) any circumstances affecting the scope of, or conditions for, notification under regulation 44 (notification);

(c) any request for information which it has received from the market surveillance authority regarding conformity assessment activities; and

(d) on request, conformity assessment activities performed within the scope of its notifications under regulation 44 and any other activity performed, including cross-border activities and subcontracting.

10. A notified body must inform the Secretary of State of—

(a) any refusal, restriction, suspension or withdrawal of a certificate;

(b) any circumstances affecting the scope of, or conditions for, notification under regulation 44 (notification);

(c) any request for information which it has received from the market surveillance authority regarding conformity assessment activities; and

11. [^F185 An approved ^F185] body must make provision in its contracts with its clients enabling such clients to appeal against a decision—

(a) to refuse to issue a certificate; or

(b) to restrict, suspend or withdraw a certificate.

11. A notified body must make provision in its contracts with its clients enabling such clients to appeal against a decision—

(a) to refuse to issue a certificate; or

(b) to restrict, suspend or withdraw a certificate.

12. [^F186 An approved ^F186] body must provide other bodies [^F187 approved under these Regulations ^F187] carrying out similar conformity assessment activities covering the same type of apparatus with relevant information on issues relating to negative and, on request, positive conformity assessment results.

12. A notified body must provide other bodies notified under the Directive carrying out similar conformity assessment activities covering the same type of apparatus with relevant information on issues relating to negative and, on request, positive conformity assessment results.

13. [^F188 An approved ^F188] body must participate in the work of [^F189 any approved ^F189] body coordination group established [^F190 by the Secretary of State ^F190] , directly or by means of its designated representatives.

13. A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.

Regulation 53

SCHEDULE 7 Enforcement and investigatory powers conferred on the enforcing authority and the market surveillance authority

PART 1 ENFORCEMENT AND INVESTIGATORY POWERS

Enforcement powers under the 1987 Act

1. For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2—

(a) section 13 (prohibition notices and notices to warn);

(b) section 14 (suspension notices);

(d) section 17 (forfeiture: Scotland);

(e) section 18 (power to obtain information);

(f) section 19 (interpretation of Part II);

(g) section 29 (powers of search etc );

(h) section 30 (provisions supplemental to s 29);

(i) section 31 (powers of customs officer to detain goods);

(j) section 33 (appeals against detention of goods);

(k) section 34 (compensation for seizure and detention);

(l) section 35 (recovery of expenses of enforcement);

(m) section 37 (power of Commissioners for Revenue and Customs);

(n) section 45 (interpretation);

(o) section 46(1) (meaning of “supply”);

(p) Schedule 2 (prohibition notices and notices to warn).

Modifications to the 1987 Act

2. The sections of the 1987 Act referred to in paragraph 1 are to apply as if—

(a) in section 13—

(i) in subsection (1), for “unsafe” on each occasion that it appears, there were substituted “ non-compliant ” ;

(ii) in subsection (1), “relevant” were omitted on each occasion that it appears;

(iii) in subsection (2), the words from “; and the Secretary of State may” to the end were omitted;

(iv) subsections (4) to (7) were omitted;

(b) in section 14—

(i) in subsection (1), after “any safety provision has been contravened in relation to any goods”, there were inserted “ or that any goods present a risk ” ;

(ii) in subsection (2)(b), after “a safety provision has been contravened in relation to the goods”, there were inserted “ or that the goods present a risk ” ;

(iii) in subsection (2)(c), “under section 15 below” were omitted; and

(iv) subsections (6) to (8) were omitted;

(i) in subsection (1), after “a contravention in relation to the goods of a safety provision” there were inserted “ or that the goods present a risk ” ;

(ii) for subsection 2(b) there were substituted—

“ (b) where an application with respect to some or all of the goods has been made to a magistrates' court under regulation 68 (appeals against notices) of the Electromagnetic Compatibility Regulations 2016 or section 33, to that court; and ” ;

(iii) in subsection (3), after “a contravention in relation to the goods of a safety provision” there were inserted “ or that the goods present a risk ” ;

(iv) after subsection (4), there were inserted—

“ (4A) A court may infer for the purposes of this section that any goods present a risk if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise). ” ;

(v) in subsection (6), for “Subject to subsection (7) below,” there were substituted “ Where ” ; and

(vi) subsection (7) were omitted;

(d) in section 17—

(i) in subsection (1), after “a contravention of a safety provision”, there were inserted “ or where the goods present a risk ” ;

(ii) in subsection (6), after “a contravention in relation to those goods of a safety provision” there were inserted “ or that those goods present a risk ” ; and

(iii) after subsection (7), there were inserted—

“ (7A) The sheriff may infer for the purposes of this section that any goods present a risk if satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise). ” ;

(e) in section 18, subsections (3) and (4) were omitted;

(f) in section 29—

(i) in subsection (4)(a), after “any contravention of any safety provision in relation to the goods” there were inserted “ or whether the goods present a risk ” ;

(ii) in subsection (4)(b), after “any such contravention” there were inserted “ or whether the goods present a risk ” ;

(iii) in subsection (7), after “a contravention of any safety provision”, there were inserted “ or prevent goods from presenting a risk ” ;

(g) in section 30—

(i) at the end of subsection (2)(a)(ii), for “and”, there were substituted “ or ” ;

(ii) after subsection (2)(a)(ii), there were inserted—

“ (iii) that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk; and; ” and

(iii) subsections (5), (7) and (8) were omitted;

(h) in section 31(1), for “ Part II of this Act ”, there were substituted “ the Electromagnetic Compatibility Regulations 2016 ” ;

(i) in section 34(1), after paragraph (a), there were inserted—

“ (aa) the goods do not present a risk; ” ;

(j) in section 37(1), for “ Part II of this Act ”, there were substituted “ the Electromagnetic Compatibility Regulations 2016 ” ;

(k) in section 45(1)—

(i) the definitions of “conditional sale agreement”, “credit-sale agreement”, “gas”, “motor vehicle”, “personal injury”, “subordinate legislation” and “substance” were omitted;

(ii) for the definition of “enforcement authority” there were substituted—

“ “ enforcement authority ” means an enforcing authority as defined in regulation 2(1) of the Electromagnetic Compatibility Regulations 2016; ” ;

(iii) for the definition of “goods” there were substituted—

“ “ goods ” means apparatus within the scope of the Electromagnetic Compatibility Regulations 2016; ” ;

(iv) after the definition of “modifications” there were inserted—

“ “ non-compliant ” in relation to any goods means that—

(a) a safety provision has been contravened in relation to the goods; or

(b) the goods present a risk; ” ;

(v) after the definition of “premises”, there were inserted—

“ “ present a risk ” means present a risk within the meaning set out in regulation 2(3) of the Electromagnetic Compatibility Regulations 2016; ” ;

(vi) for the definition of “safety provision” there were substituted—

“ “ safety provision ” means any provision of the Electromagnetic Compatibility Regulations 2016; ” ; and

(vii) for the definition of “safety regulations” there were inserted—

“ “ safety regulations ” means the Electromagnetic Compatibility Regulations 2016; ” ;

(l) in section 46(1), omit “and, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use”; and

(m) in Schedule 2—

(i) for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ” ; and

(ii) for “safe” , on each occasion that it appears, there were substituted “ not non-compliant ” .

Application of Schedule 5 to the Consumer Rights Act 2015

3. Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc) applies to OFCOM as if—

(a) OFCOM were a domestic enforcer within the meaning of that Schedule;

(b) the enforcer's legislation within the meaning of that Schedule, in relation to OFCOM, were the legislation and notices which, by virtue of regulation 52(1)(a)(i) or (b)(i), OFCOM has a duty or power to enforce; and

(c) the references in paragraphs 25(7) and 30(1) of that Schedule to regulation 52(1)(a)(ii) or (b)(ii) were references to regulations 52(1)(a)(i) or (b)(i).

PART 2 COMPLIANCE NOTICES, WITHDRAWAL NOTICES AND RECALL NOTICES

Compliance notice

4. An enforcing authority may serve a compliance notice on a relevant economic operator in respect of apparatus if the authority has reasonable grounds for believing that there is non-compliance.

5. A compliance notice must—

(a) require the relevant economic operator on which it is served to—

(i) end the non-compliance within such period as may be specified in the notice; or

(ii) provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcing authority that the non-compliance has not in fact occurred; and

(b) warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken in respect of the apparatus or any apparatus of the same type made available on the market by that relevant economic operator.

6. A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

7. Subject to paragraph 8, an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.

8. An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Withdrawal notice _E74_,_E115

9. An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of apparatus if the authority has reasonable grounds for believing that—

(a) the apparatus has been made available on the market; and

(b) there is non-compliance.

10. A withdrawal notice must prohibit the relevant economic operator from making the apparatus available on the market without the consent of the enforcing authority.

11. A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the apparatus.

12. A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any apparatus referred to in the notice.

13. A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.

14. Subject to paragraph 15, an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.

15. An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

16. A withdrawal notice has effect throughout the United Kingdom.

16. A withdrawal notice has effect throughout [^F235 Northern Ireland ^F235] .

Recall notice _E75_,_E116

17. The enforcing authority may serve a recall notice on a relevant economic operator in respect of apparatus if the authority has reasonable grounds for believing that—

(a) the apparatus has been made available to end-users; and

(b) there is non-compliance.

18. A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the apparatus from end-users to the relevant economic operator or another person specified in the notice.

19. A recall notice may—

(a) require the recall to be effected in accordance with a code of practice;

(b) require the relevant economic operator to—

(i) contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

(ii) publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the apparatus poses and the fact of the recall; or

(iii) make arrangements for the collection or return of the apparatus from end-users or its disposal; or

(c) impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the apparatus.

20. In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

21. A recall notice may only be issued by the enforcing authority where—

(a) other action which it may require under these Regulations would not suffice to address the non-compliance;

(b) the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;

(c) the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice; and

(d) the enforcing authority has taken account of any advice obtained under paragraph 22.

22. A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—

(a) whether there is non-compliance; and

(b) whether the issue of a recall notice would be proportionate.

23. Paragraphs 21(b), (c) and (d) do not apply in the case of apparatus presenting a serious risk requiring, in the view of the enforcing authority, urgent action.

24. Where a relevant economic operator requires the enforcing authority to seek advice under paragraph 22, that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.

25. In this Schedule, “ Institute ” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.

26. A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of apparatus to which the recall notice relates, so far as the relevant economic operator is able to do so.

27. Subject to paragraph 28, an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.

28. An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

29. A recall notice has effect throughout the United Kingdom.

29. A recall notice has effect throughout [^F236 Northern Ireland ^F236] .

Interpretation

30. In this Schedule, “ non-compliance ” means that the apparatus—

(a) presents a risk; or

(b) is not in conformity with Part 2 or RAMS (in its application to apparatus).

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	in force status	related provisions	geo extent	insert/omit
C1	Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730) , regs. 1 , 4 , Sch. 1 para. 5
C2	Reg. 20 modified (temp.) by S.I. 2019/392, reg. 6 (as inserted (10.9.2019) by The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246) , regs. 1(2) (4) , 2(3) (with reg. 18 ))
E1	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E2	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E3	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E4	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E5	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E6	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E7	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E8	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E9	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E10	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E11	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E12	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E13	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E14	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E15	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E16	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E17	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E18	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E19	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E20	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E21	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E22	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E23	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E24	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E25	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E26	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E27	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E28	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E29	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E30	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E31	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E32	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E33	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E34	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E35	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E36	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E37	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E38	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E39	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E40	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E41	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E42	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E43	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E44	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E45	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E46	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E47	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E48	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E49	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E50	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E51	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E52	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E53	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E54	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E55	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E56	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E57	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E58	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E59	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E60	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E61	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E62	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E63	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E64	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E65	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E66	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E67	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E68	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E69	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E70	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E71	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E72	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E73	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E74	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E75	This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
E76	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E77	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E78	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E79	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E80	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E81	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E82	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E83	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E84	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E85	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E86	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E87	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E88	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E89	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E90	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E91	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E92	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E93	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E94	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E95	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E96	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E97	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E98	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E99	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E100	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E101	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E102	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E103	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E104	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E105	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E106	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E107	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E108	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E109	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E110	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E111	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E112	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E113	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E114	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E115	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
E116	This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
F1	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F2	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F3	Words in reg. 2(1) 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. 20 para. 2(2)(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F4	Words in reg. 2(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(2) , Sch. 5 para. 1(1)(a)			substituted: England, Wales and Scotland	substituted
F5	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(e) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F6	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(f) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F7	Words in reg. 2(1) 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. 20 para. 2(2)(g) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F8	Words in reg. 2(1) omitted (E.W.S.) (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696) , regs. 1(2) , 11(2) (with reg. 23 )		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F9	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F10	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(j) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F11	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(k) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F12	Words in reg. 2(1) 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. 20 para. 2(2)(l) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(4) , Sch. 3 para. 12(2) ) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F13	Words in reg. 2(1) substituted (31.12.2020) by S.I. 2019/696 , Sch. 20 para. 2(2)(m) (as substituted by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676) , regs. 1(1) , 4(8)(a) )				substituted
F14	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(n) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F15	Words in reg. 2(1) omitted (26.12.2017) by virtue of The Radio Equipment Regulations 2017 (S.I. 2017/1206) , regs. 1 , 81(2)(a) (with regs. 3-5 , 77 )		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F16	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(o) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F17	Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(2)(p) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F18	Words in reg. 2(1) substituted (31.12.2020) by S.I. 2019/696, Sch. 20 para. 2(2)(q) (as substituted by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676) , regs. 1(1) , 4(8)(b) )				substituted
F19	Words in reg. 2(1) 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. 20 para. 2(2)(r) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F20	Words in reg. 2(1) 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. 20 para. 2(2)(s) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F21	Words in reg. 2(3) 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. 20 para. 2(3) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F22	Reg. 2(4) (5) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 2(4) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F23	Reg. 2A 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. 20 para. 3 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F24	Words in reg. 2A(1)(a) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29) , s. 40(7) , Sch. 4 para. 9(a) ; S.I. 2020/1662 , reg. 2(ee)				inserted
F25	Reg. 2A(3A) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29) , s. 40(7) , Sch. 4 para. 9(b) ; S.I. 2020/1662 , reg. 2(ee)				inserted
F26	Word in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29) , s. 40(7) , Sch. 4 para. 9(c)(i) ; S.I. 2020/1662 , reg. 2(ee)				inserted
F27	Words in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29) , s. 40(7) , Sch. 4 para. 9(c)(ii) ; S.I. 2020/1662 , reg. 2(ee)				inserted
F28	Words in reg. 3(2)(a) 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. 20 para. 4(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F29	Words in reg. 3(4) 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. 20 para. 4(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F30	Words in reg. 3(5) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 4(c)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F31	Words in reg. 3(5) 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. 20 para. 4(c)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F32	Words in reg. 3(5) 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. 20 para. 4(c)(iv) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F33	Words in reg. 3(5) 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. 20 para. 4(c)(iii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F34	Reg. 3A inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(5)			inserted: Northern Ireland	inserted
F35	Words in reg. 4 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. 20 para. 5 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F36	Word in reg. 9(b)(i) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 6 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F37	Word in reg. 10 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. 20 para. 7(a)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F38	Word in reg. 10 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. 20 para. 7(a)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F39	Word in reg. 10(1)(a) 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. 20 para. 7(b)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F40	Words in reg. 10(1)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 7(b)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F41	Word in reg. 10(1)(b) 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. 20 para. 7(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F42	Word in reg. 10(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 7(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F43	Reg. 10(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 7(e) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F44	Word in reg. 11 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 8 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F45	Word in reg. 11 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 8 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F46	Word in reg. 12(2)(b) 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. 20 para. 9(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F47	Word in reg. 12(2)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 9(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F48	Words in reg. 13(4) 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. 20 para. 10 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F49	Reg. 14 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 11 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F50	Words in reg. 15(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 12 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F51	Word in reg. 18(1)(c)(i) 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. 20 para. 13 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F52	Words in reg. 20(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 14(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F53	Reg. 20(1A) 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. 20 para. 14(b) (with Sch. 20 para. 33 ) (as amended by: S.I. 2019/1246 , regs. 1(3) , 5 , 6 ; S.I. 2020/676 , regs. 1(1) , 2 ; S.I. 2020/852 , regs. 2(2) , 4(2) , Sch. 1 para. 1(i)(iii) ; and S.I. 2020/1460 , reg. 1(4) , Sch. 3 para. 2(1)(e) ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F54	Words in reg. 20(1A)(a)(ii) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393) , regs. 1(1) , 4 , Sch. 3 para. (g)			substituted: England, Wales and Scotland	substituted
F55	Words in reg. 20(2) 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. 20 para. 14(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F56	Words in reg. 21(1) 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. 20 para. 15(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F57	Reg. 21(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 15(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F58	Words in reg. 23(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 16 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F59	Word in reg. 24 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 17 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F60	Word in reg. 24 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 17 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F61	Word in reg. 27(1)(a)(i) 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. 20 para. 18(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F62	Words in reg. 27(1)(a)(iii) 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. 20 para. 18(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F63	Words in reg. 30(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 19 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F64	Words in reg. 31(3)(b) 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. 20 para. 20 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F65	Reg. 34 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 21 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F66	Words in reg. 34(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F67	Words in reg. 34(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(3)			substituted: Northern Ireland	substituted
F68	Word in reg. 35 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. 20 para. 22 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F69	Word in reg. 35 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. 20 para. 22 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F70	Words in reg. 38(1) 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. 20 para. 23(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F71	Word in reg. 38(2)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 23(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F72	Regs. 38A-38C 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. 20 para. 24 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 and S.I. 2020/1460 , reg. 1(4) , Sch. 3 para. 12(3) ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F72	Regs. 38A-38C 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. 20 para. 24 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 and S.I. 2020/1460 , reg. 1(4) , Sch. 3 para. 12(3) ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F72	Regs. 38A-38C 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. 20 para. 24 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 and S.I. 2020/1460 , reg. 1(4) , Sch. 3 para. 12(3) ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F73	Words in reg. 38A(3)(c) substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696) , regs. 1(2) , 11(3)(a) (with reg. 23 )		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F74	Word in reg. 38A(8)(c) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696) , regs. 1(2) , 11(3)(b) (with reg. 23 )		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F75	Reg. 38B substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696) , regs. 1(2) , 11(4) (with reg. 23 )		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F76	Word in reg. 39(1) 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. 20 para. 25(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F77	Words in reg. 39(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 25(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F78	Word in reg. 41 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. 20 para. 26(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F79	Word in reg. 41 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 26(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F80	Word in reg. 42 heading substituted (E.W.S.) (31.12.2020) by S.I. 2019/696 , Sch. 20 para. 27(a) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(4) , Sch. 3 para. 12(4) )			substituted: England, Wales and Scotland	substituted
F81	Reg. 42(1) substituted (E.W.S.) (31.12.2020) by S.I. 2019/696 , Sch. 20 para. 27(b) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(4) , Sch. 3 para. 12(4) )			substituted: England, Wales and Scotland	substituted
F82	Reg. 42(1A) inserted (E.W.S.) (31.12.2020) by S.I. 2019/696 , Sch. 20 para. 27(c) (as substituted) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(4) , Sch. 3 para. 12(4) )			inserted, substituted: England, Wales and Scotland	inserted, substituted
F83	Words in reg. 42(1A) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393) , regs. 1(1) , 3 , Sch. 2 para. (i)			substituted: England, Wales and Scotland	substituted
F84	Words in reg. 42(2) inserted (E.W.S.) (31.12.2020) by S.I. 2019/696 , Sch. 20 para. 27(d) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(4) , Sch. 3 para. 12(4) )			inserted, substituted: England, Wales and Scotland	inserted, substituted
F85	Word in reg. 42(2) substituted (E.W.S.) (31.12.2020) by S.I. 2019/696 , Sch. 20 para. 27(a) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(4) , Sch. 3 para. 12(4) )			substituted: England, Wales and Scotland	substituted
F86	Regs. 42A , 42B inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(2) , Sch. 2 para. 7(3)			inserted: Northern Ireland	inserted
F86	Regs. 42A , 42B inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(2) , Sch. 2 para. 7(3)			inserted: Northern Ireland	inserted
F87	Pt. 4 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. 20 para. 28 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 , and The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852) , regs. 2(2) , 4(2) , Sch. 1 para. 1(i) , (iv) ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F88	Reg. 52(4) omitted (26.12.2017) by virtue of The Radio Equipment Regulations 2017 (S.I. 2017/1206) , regs. 1 , 81(3) (with regs. 3-5 , 77 )		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F89	Reg. 55(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 29 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F90	Word in reg. 57(2) 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. 20 para. 30(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F91	Reg. 57(4) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 30(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F92	Reg. 57(7) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 30(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F93	Words in reg. 57(8) 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. 20 para. 30(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F94	Word in reg. 57(8)(f)(ii) 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. 20 para. 30(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F95	Reg. 58 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 31 (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F96	Words in reg. 58(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(a)			substituted: Northern Ireland	substituted
F97	Words in reg. 58(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(b)(i)			substituted: Northern Ireland	substituted
F98	Words in reg. 58(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(b)(ii)			substituted: Northern Ireland	substituted
F99	Words in reg. 58(2)(a) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(b)(iii)			inserted: Northern Ireland	inserted
F100	Word in reg. 58(2)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(b)(iv)			substituted: Northern Ireland	substituted
F101	Reg. 58(2)(c) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(b)(v)			omitted: Northern Ireland	omitted
F102	Words in reg. 58(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(c)(i)			substituted: Northern Ireland	substituted
F103	Words in reg. 58(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(c)(ii)			inserted: Northern Ireland	inserted
F104	Words in reg. 58(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(d)(i)			substituted: Northern Ireland	substituted
F105	Words in reg. 58(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(d)(ii)			substituted: Northern Ireland	substituted
F106	Words in reg. 58(6) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(e)			inserted: Northern Ireland	inserted
F107	Words in reg. 58(7) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(2)(e)			inserted: Northern Ireland	inserted
F108	Word in reg. 59(1)(a) 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. 20 para. 32(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F109	Word in reg. 59(1)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 32(b)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F110	Word in reg. 59(1)(b) 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. 20 para. 32(b)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F111	Words in reg. 62(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(2) , Sch. 2 para. 7(5)(a)			inserted: Northern Ireland	inserted
F112	Reg. 62(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(2) , Sch. 2 para. 7(5)(b)			inserted: Northern Ireland	inserted
F113	OJ L 390, 31.12.2004, p. 24.
F114	Reg. 74A inserted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 33 (as amended by S.I. 2020/676 , regs. 1(1) , 2 and S.I. 2020/852 , regs. 2(2) , 4(2) , Sch. 1 para. 1(i)(vi) ); 2020 c. 1 , Sch. 5 para. 1(1)			inserted: England, Wales and Scotland	inserted
F115	Reg. 74A(4)-(6) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696) , regs. 1(2) , 11(5) (with reg. 23 )		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F116	Words in reg. 75(2) 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. 20 para. 34(2) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F117	Reg. 75(2A) 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. 20 para. 34(3) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted: England, Wales and Scotland	inserted
F118	Words in Sch. 2 para. 5(d) 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. 20 para. 35(a)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F119	Words in Sch. 2 para. 5(d) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 35(a)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F120	Word in Sch. 2 para. 7 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. 20 para. 35(b)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F121	Word in Sch. 2 para. 7 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 35(b)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F122	Word in Sch. 2 para. 7 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. 20 para. 35(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F123	Word in Sch. 2 para. 8 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 35(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F124	Word in Sch. 3 Pt. 1 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. 20 para. 36(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F125	Word in Sch. 3 para. 1 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F126	Words in Sch. 3 para. 1 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. 20 para. 36(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F127	Word in Sch. 3 para. 2 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F128	Word in Sch. 3 para. 3 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F129	Word in Sch. 3 para. 3 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F130	Word in Sch. 3 para. 4 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. 20 para. 36(e)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F131	Words in Sch. 3 para. 4 omitted (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. 20 para. 36(e)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F132	Word in Sch. 3 para. 5 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F133	Word in Sch. 3 para. 6 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F134	Word in Sch. 3 para. 7 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F135	Words in Sch. 3 para. 7 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. 20 para. 36(f) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F136	Word in Sch. 3 para. 8 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F137	Word in Sch. 3 para. 9 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F138	Word in Sch. 3 para. 10 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F139	Word in Sch. 3 para. 10 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F140	Word in Sch. 3 para. 11 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F141	Word in Sch. 3 para. 12 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F142	Word in Sch. 3 para. 12 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F143	Word in Sch. 3 para. 13 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F144	Word in Sch. 3 para. 13 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F145	Word in Sch. 3 para. 14 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F146	Word in Sch. 3 para. 14 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F147	Words in Sch. 3 para. 14 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. 20 para. 36(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F148	Words in Sch. 3 para. 15 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. 20 para. 36(g) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F149	Word in Sch. 3 para. 15 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. 20 para. 36(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F150	Word in Sch. 3 para. 15 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F151	Word in Sch. 3 para. 16 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. 20 para. 36(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F152	Word in Sch. 3 para. 18 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. 20 para. 37(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F153	Word in Sch. 3 para. 19 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. 20 para. 37(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F154	Word in Sch. 3 para. 20 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. 20 para. 37(b)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F155	Word in Sch. 3 para. 20 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 37(b)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F156	Word in Sch. 3 para. 20(1) 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. 20 para. 37(c)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F157	Word in Sch. 3 para. 20(1) 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. 20 para. 37(c)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F158	Word in Sch. 3 para. 20(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 37(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F159	Word in Sch. 3 para. 20(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 37(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F160	Word in Sch. 4 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. 20 para. 38(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F161	Word in Sch. 4 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. 20 para. 38(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F162	Words in Sch. 4 para. 5 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. 20 para. 38(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F163	Word in Sch. 4 para. 6 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. 20 para. 38(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F164	Word in Sch. 4 para. 7 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. 20 para. 38(e) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F165	Word in Sch. 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. 20 para. 39(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F166	Sch. 5 para. 1 substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504) , reg. 7	this amendment (substituted text) is marked as yet to come into force, see the commentary.			substituted
F167	Word in Sch. 5 para. 6 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. 20 para. 39(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F168	Word in Sch. 5 para. 9 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. 20 para. 39(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F169	Words in Sch. 5 para. 10(c) 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. 20 para. 39(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F170	Word in Sch. 5 para. 12 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. 20 para. 39(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F171	Word in Sch. 5 para. 12(c) 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. 20 para. 39(c)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F172	Words in Sch. 5 para. 12(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 20 para. 39(c)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted: England, Wales and Scotland	omitted
F173	Word in Sch. 5 para. 18 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. 20 para. 39(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F174	Words in Sch. 5 para. 18 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. 20 para. 39(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F175	Word in Sch. 6 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. 20 para. 40(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F176	Words in Sch. 6 para. 1 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F177	Words in Sch. 6 para. 2 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F178	Words in Sch. 6 para. 5 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F179	Word in Sch. 6 para. 5 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. 20 para. 40(c) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F180	Words in Sch. 6 para. 6 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F181	Word in Sch. 6 para. 7 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. 20 para. 40(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F182	Words in Sch. 6 para. 8 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F183	Word in Sch. 6 para. 9 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. 20 para. 40(a) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F184	Words in Sch. 6 para. 10 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F185	Words in Sch. 6 para. 11 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F186	Words in Sch. 6 para. 12 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F187	Words in Sch. 6 para. 12 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. 20 para. 40(d) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F188	Words in Sch. 6 para. 13 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. 20 para. 40(b) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F189	Words in Sch. 6 para. 13 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. 20 para. 40(e)(ii) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F190	Words in Sch. 6 para. 13 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. 20 para. 40(e)(i) (with Sch. 20 para. 33 ) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England, Wales and Scotland	substituted
F191	Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(a)(i)			substituted: Northern Ireland	substituted
F192	Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(b)			substituted: Northern Ireland	substituted
F193	Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(a)(ii)			substituted: Northern Ireland	substituted
F194	Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(c)(i)			substituted: Northern Ireland	substituted
F195	Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(c)(ii)			substituted: Northern Ireland	substituted
F196	Word in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(e)(i)			substituted: Northern Ireland	substituted
F197	Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(d)			inserted: Northern Ireland	inserted
F198	Word in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(e)(ii)			substituted: Northern Ireland	substituted
F199	Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(f)			substituted: Northern Ireland	substituted
F200	Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(1)(g)			inserted: Northern Ireland	inserted
F201	Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(2) , Sch. 2 para. 7(2)			inserted: Northern Ireland	inserted
F202	Reg. 2(5) inserted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206) , regs. 1 , 81(2)(b) (with regs. 3-5 , 77 )		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.		inserted
F203	Words in reg. 2(5) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(3)			substituted: Northern Ireland	substituted
F204	Words in reg. 6 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 2(6)			substituted: Northern Ireland	substituted
F205	Words in reg. 10(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(1)(a)			substituted: Northern Ireland	substituted
F206	Word in reg. 10(3)(a) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(1)(b)			inserted: Northern Ireland	inserted
F207	Words in reg. 10(3)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(1)(c)			substituted: Northern Ireland	substituted
F208	Words in reg. 13(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F209	Words in reg. 14(1)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F210	Words in reg. 14(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(3)			substituted: Northern Ireland	substituted
F211	Words in reg. 15(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F212	Words in reg. 20(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F213	Words in reg. 21(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F214	Words in reg. 21(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(3)			substituted: Northern Ireland	substituted
F215	Words in reg. 23(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F216	Words in reg. 27(1)(a)(iii) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F217	Words in reg. 30(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 3(2)			substituted: Northern Ireland	substituted
F218	Words in reg. 43(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 4(1)(a)			substituted: Northern Ireland	substituted
F219	Words in reg. 43(1)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 4(1)(b)(i)			inserted: Northern Ireland	inserted
F220	Word in reg. 43(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 4(1)(b)(ii)			substituted: Northern Ireland	substituted
F221	Reg. 43(1)(c) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 4(1)(c)			inserted: Northern Ireland	inserted
F222	Words in reg. 44 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 4(2)			substituted: Northern Ireland	substituted
F223	Words in reg. 49(5) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 4(3)			substituted: Northern Ireland	substituted
F224	Words in reg. 57(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(a)			substituted: Northern Ireland	substituted
F225	Words in reg. 57(4) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(b)(i)			inserted: Northern Ireland	inserted
F226	Words in reg. 57(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(b)(ii)			substituted: Northern Ireland	substituted
F227	Words in reg. 57(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(b)(iii)			substituted: Northern Ireland	substituted
F228	Reg. 57(4A) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(c)			inserted: Northern Ireland	inserted
F229	Words in reg. 57(5)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(d)(i)			substituted: Northern Ireland	substituted
F230	Words in reg. 57(5)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(d)(ii)			substituted: Northern Ireland	substituted
F231	Words in reg. 57(7) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 5(1)(e)			substituted: Northern Ireland	substituted
F232	Reg. 59(1)(aa) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460) , reg. 1(2) , Sch. 2 para. 7(4)			inserted: Northern Ireland	inserted
F233	Words in reg. 73(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 6			substituted: Northern Ireland	substituted
F234	Words in Sch. 3 para. 15 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 7(1)			substituted: Northern Ireland	substituted
F235	Words in Sch. 7 para. 16 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 7(2)			substituted: Northern Ireland	substituted
F236	Words in Sch. 7 para. 29 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) , reg. 1(b) , Sch. 8 para. 7(2)			substituted: Northern Ireland	substituted
M1	S.I. 1989/2393 , to which there are amendments not relevant to these Regulations.
M2	1972 c.68 ; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by
M3	Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended
M4	1987 c.43 .
M5	S.I. 2006/3418 .
M6	OJ L 96, 29.3.2014, p. 79.
M7	1972 c.9 .
M8	2002 c.11 .
M9	OJ L 218, 13.8.2008, p. 30.
M10	1985 c.72 ; section 69 was amended by Schedule 1 to the Statute Law (Repeals) Act 1989 (c.43) ; paragraph 75 of Schedule
M11	OJ L 79, 19.3.2008, p. 1, as last amended by Regulation (EU) 2016/4 (OJ L 3, 6.1.2016, p.1).
M12	Constitution and Convention of the International Telecommunications Union adopted by the Additional Plenipotentiary Conference (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994).
M13	1980 c.43 ; section 58 was amended by the Crime and Courts Act 2013 (c.22) , Schedule 10 paragraph 40 .
M14	S.I. 1981/1675 (NI 26).
M15	1995 c.46 .
M16	2015 c.15 .
M17	S.I. 2006/1449 .
M18	S.I. 2004/693 .
M19	S.I. 2007/3544 .
M20	S.I. 2009/699 .
M21	It is optional for the manufacturer to assign a number to the declaration of conformity.

Defined Term	Section/Article	ID	Scope of Application
1987 Act	reg. 2. of PART 1	def_e5bd2eb013
1987 Act	reg. 2. of PART 1	def_92f79417b3
2006 Regulations	reg. 2. of PART 1	def_70553df8ec
2006 Regulations	reg. 2. of PART 1	def_bd9fedd962
accreditation	reg. 2. of PART 1	def_ed282abdee
accreditation certificate	reg. 2. of PART 1	def_14cc249f21
accreditation certificate	reg. 44. of PART 4	def_fff0e0645c
apparatus	reg. 2. of PART 1	def_26cae6407a
apparatus	reg. 2. of PART 1	def_5127ddb165
appropriate court	reg. 68. of PART 5	def_64b0ef7398
approved body	reg. 2. of PART 1	def_601da4c7a2
approved body	reg. 38B. of PART 2	def_3439fbdf4a	alert
approved body requirements	reg. 43. of PART 4	def_c8cc8b0bd9
authorised representative	reg. 2. of PART 1	def_9416a891de
authorised representative	reg. 2. of PART 1	def_cfa82c887a
CE marking	reg. 2. of PART 1	def_9bf9801006
CE marking	reg. 38A. of PART 2	def_ae3c17c98a
CE marking	reg. 38C. of PART 2	def_00fc01cfbe
competent national authority	reg. 2. of PART 1	def_e88028283f
conditional sale agreement	para 2. of PART 1 of SCHEDULE 7	def_4759a98ed5
conformity assessment	reg. 2. of PART 1	def_e7d6bf8f04
conformity assessment	reg. 2. of PART 1	def_d83ca985c4
conformity assessment body	reg. 2. of PART 1	def_1480039e5b
conformity assessment body	reg. 2. of PART 1	def_98563317e3
conformity assessment procedure	reg. 2. of PART 1	def_d5d8356cd9
credit-sale agreement	para 2. of PART 1 of SCHEDULE 7	def_71bce8222c
declaration of conformity	reg. 2. of PART 1	def_1d215a5931
declaration of conformity	reg. 38A. of PART 2	def_4082579fde
designated standard	reg. 2. of PART 1	def_1e1ccb493d
designated standard	reg. 2A. of PART 1	def_c8e802575c
designated standard	reg. 38A. of PART 2	def_e2be8351fb
designated standard	reg. 38B. of PART 2	def_094db7cf52
distributor	reg. 2. of PART 1	def_a8d1de733e
distributor	reg. 2. of PART 1	def_3c4b464431
district council	reg. 2. of PART 1	def_15fb66be07
district council	reg. 2. of PART 1	def_2457f2ae35
economic operator	reg. 2. of PART 1	def_9a360827d5
economic operator	reg. 2. of PART 1	def_30ed143e7b
electromagnetic compatibility	reg. 2. of PART 1	def_17560e8521
electromagnetic compatibility	reg. 2. of PART 1	def_c5fc811119
electromagnetic disturbance	reg. 2. of PART 1	def_e63fa9ecd8
electromagnetic disturbance	reg. 2. of PART 1	def_cf53deab5a
electromagnetic environment	reg. 2. of PART 1	def_1f34063c1a
electromagnetic environment	reg. 2. of PART 1	def_15a3b1afa0
enactment	reg. 38B. of PART 2	def_c9e68fb1e8
enforcing authority	reg. 2. of PART 1	def_a21fa4ffa7
enforcing authority	reg. 2. of PART 1	def_de4d5ad6f3
equipment	reg. 2. of PART 1	def_df5bc2ba91
equipment	reg. 2. of PART 1	def_10b6c205c4
essential requirements	reg. 2. of PART 1	def_905d64d17c
essential requirements	reg. 2. of PART 1	def_5c3b99df26
essential requirements	reg. 38A. of PART 2	def_ec7a7b0041
essential requirements	reg. 38B. of PART 2	def_dba48cbd4d
EU declaration of conformity	reg. 2. of PART 1	def_38c314fea2
EU harmonisation legislation	reg. 2. of PART 1	def_369e18b444
European Commission	reg. 2. of PART 1	def_6f9a55aaec
European Commission	reg. 2. of PART 1	def_a27a43864e
fixed installation	reg. 2. of PART 1	def_d460d6a756
fixed installation	reg. 2. of PART 1	def_7cbeb0f902
gas	para 2. of PART 1 of SCHEDULE 7	def_6e2d4955c0
harmonised standard	reg. 2. of PART 1	def_43806ae41b
harmonised standard	reg. 38A. of PART 2	def_67d2f62796
harmonised standard	reg. 38B. of PART 2	def_6293db56a6
harmonised standard	reg. 38B. of PART 2	def_5c3378976b
immunity	reg. 2. of PART 1	def_be2214d98c
immunity	reg. 2. of PART 1	def_d39726020c
importer	reg. 2. of PART 1	def_7fc64838b3
importer	reg. 2. of PART 1	def_78aa8f4151
in conformity with Part 2	reg. 2. of PART 1	def_87a299cea3
in conformity with Part 2	reg. 2. of PART 1	def_df42025838
Institute	para 17. of PART 2 of SCHEDULE 7	def_aa1010a43c
international standardising body	reg. 2A. of PART 1	def_2c61f6dfce
make available on the market	reg. 2. of PART 1	def_440e04b4f6
make available on the market	reg. 2. of PART 1	def_9292e5d68f
manufacturer	reg. 2. of PART 1	def_a0b4b6289e
manufacturer	reg. 2. of PART 1	def_3cba2bfdb9
market surveillance authority	reg. 2. of PART 1	def_40a0742f78
market surveillance authority	reg. 2. of PART 1	def_9b64b70b18
mobile installation	reg. 2. of PART 1	def_f252f03ee8
mobile installation	reg. 2. of PART 1	def_724446fa25
national accreditation body	reg. 2. of PART 1	def_9f391d1a3a
NI Protocol obligation	reg. 2. of PART 1	def_81c4ab448f
non-compliance	para 30. of PART 2 of SCHEDULE 7	def_b43d7b3ad3
notice	reg. 68. of PART 5	def_e027b94dbf
notified body	reg. 2. of PART 1	def_c59520bddc
notified body	reg. 43. of PART 4	def_2ce994d78e
notified body requirements	reg. 2. of PART 1	def_ad0501120d
OFCOM	reg. 2. of PART 1	def_2d45159d11
OFCOM	reg. 2. of PART 1	def_48707e86da
Official Journal	reg. 2. of PART 1	def_789706d898
paragraph 1 of Schedule 1	reg. 38B. of PART 2	def_d7a3889b74
paragraph 2 of Schedule 1	reg. 38B. of PART 2	def_b096c4171e
partnership	reg. 65. of PART 5	def_892b99f9b6
place on the market	reg. 2. of PART 1	def_68490e0b2e
place on the market	reg. 2. of PART 1	def_b60f7f97fe
pre-exit period	reg. 74A. of PART 6	def_8bd8e5ae65
prescribed period	reg. 57. of PART 5	def_6984beff20
prescribed period	reg. 57. of PART 5	def_aaea7ec9ed
product	reg. 2A. of PART 1	def_557fdbc40d
product	reg. 74A. of PART 6	def_fe4c1a5c6b
proper address	reg. 65. of PART 5	def_5f42c22d08
put into service	reg. 2. of PART 1	def_b32925490b
put into service	reg. 2. of PART 1	def_fe48ac9268
qualifying Northern Ireland goods	reg. 38C. of PART 2	def_6d7512f5c3
RAMS	reg. 2. of PART 1	def_3af38b63ef
RAMS	reg. 2. of PART 1	def_dc99da6608
recall	reg. 2. of PART 1	def_29e8d221f6
recall	reg. 2. of PART 1	def_fe16d21a2c
recognised standardisation body	reg. 2A. of PART 1	def_87fad54d2e
relevant conformity assessment procedure	reg. 2. of PART 1	def_f1e695461e
relevant conformity assessment procedure	reg. 2. of PART 1	def_e5ba6a3c3d
relevant conformity assessment procedure	reg. 38A. of PART 2	def_c23805d5bb
relevant conformity assessment procedure	reg. 38B. of PART 2	def_5e8d57e680
relevant conformity assessment procedure	reg. 38C. of PART 2	def_a6fd8f3e7b
relevant economic operator	reg. 2. of PART 1	def_49571832ec
relevant economic operator	reg. 2. of PART 1	def_5b7225d1b1
relevant market	reg. 2. of PART 1	def_cbcb69c89e
relevant notice	reg. 71. of PART 5	def_969962641b
relevant person	reg. 64. of PART 5	def_4a50cbc48e
relevant state	reg. 2. of PART 1	def_8dc01a48da
required documents	reg. 18. of PART 2	def_16ca3568b0
required documents	reg. 18. of PART 2	def_ac4248f8d9
required documents	reg. 27. of PART 2	def_0bf74c668f
required documents	reg. 27. of PART 2	def_1d83521b7f
risk	reg. 2. of PART 1	def_ff5da170ed
risk	reg. 2. of PART 1	def_f9f920df38
statutory requirements	reg. 38B. of PART 2	def_18932b5d20	alert
subsidiary	reg. 49. of PART 4	def_86b03bc391
supply	para 1. of PART 1 of SCHEDULE 7	def_902df3f63d
technical documentation	reg. 38A. of PART 2	def_c16084c19b
technical documentation	reg. 38B. of PART 2	def_b6c555a3b0
technical documentation	reg. 38C. of PART 2	def_b285f62efa
technical specification	reg. 2. of PART 1	def_b7076dd6c5
technical specification	reg. 2. of PART 1	def_eb507c9616
technical specification	reg. 2A. of PART 1	def_23f7a26b61
the CPTPP	para SCHEDULE 5	def_0dce8d30dd
the Directive	reg. 2. of PART 1	def_10ce51540d
the Directive	reg. 2. of PART 1	def_4b26aeaadd
third party allegation	reg. 63. of PART 5	def_09d0b0f765
UK marking	reg. 2. of PART 1	def_c19413c2e1
UK marking	reg. 38A. of PART 2	def_fedf55e1e5
UK national accreditation body	reg. 2. of PART 1	def_2569298c86
UK(NI) indication	reg. 2. of PART 1	def_c6036d5686
weights and measures authority	reg. 2. of PART 1	def_913b05e1f5
weights and measures authority	reg. 2. of PART 1	def_b7f925107b
withdrawal	reg. 2. of PART 1	def_04d83582d9
withdrawal	reg. 2. of PART 1	def_92e131c5a0

2016 No. 1091

The Electromagnetic Compatibility Regulations 2016 cross-notes

PART 1

Citation and commencement

Interpretation E1

Interpretation

[F23 Designated standard

Application E2

Application

[F34 Disapplication where more specific obligations apply

Application of safety legislation E3

Application of safety legislation

Exhibition at trade fairs

Making available or putting into service E4

Making available or putting into service

PART 2 Obligations of economic operators

Essential requirements

Manufacturers

Duty to ensure apparatus complies with the essential requirements

Technical documentation and conformity assessment

[F37 Declaration F37] of conformity and [F38 UK F38] marking E5

EU declaration of conformity and CE marking

Retention of technical documentation and [F44 EU F44] declaration of conformity

Compliance procedures for series production E6

Compliance procedures for series production

Information identifying manufacturer E7

Information identifying manufacturer

Instructions and information E8

Instructions and information

Manufacturer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity E9

Manufacturer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity

Provision of information and co-operation

Importers

Prohibition on placing apparatus on the market which is not in conformity

Requirements that must be satisfied before an importer places apparatus on the market E10

Requirements that must be satisfied before an importer places apparatus on the market

Duty not to place non-conforming apparatus on the market

Information identifying importer cross-notes E11

Information identifying importer

Instructions and information E12

Instructions and information

Storage and transport

Importer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity E13

Importer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity

Retention of technical documentation and [F59 EU F59] declaration of conformity

Provision of information and co-operation

Distributors

Duty to act with due care

Making available on the market E14

Making available on the market

Duty not to make non-conforming apparatus available on the market

Storage and transport

Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformity E15

Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformity

Provision of information and co-operation E16

Provision of information and co-operation

All economic operators

Cases in which the obligations of manufacturers apply to importers and distributors

Identification of economic operators

Translation of EU declaration of conformity

Prohibition on improper use of [F68 UK F68] marking E17

Prohibition on improper use of CE marking

Information concerning the use of apparatus

Fixed installations

Authorised representatives

Appointment of an authorised representative E18

Appointment of an authorised representative

[F72 Obligations which are met by complying with obligations in the Directive

[F75 Further use of the UK marking

Qualifying Northern Ireland Goods

PART 3 Conformity of apparatus and equipment

Presumption of conformity E19

Presumption of conformity

Conformity assessment procedures

[F78 Declaration F78] of conformity E20

EU declaration of conformity

[F80 UK F80] marking E21

CE marking E76

[F86 UK(NI) indication

Register of UK notified bodies

The Electromagnetic Compatibility Regulations 2016 _cross-notes

Interpretation _E1

[^F23 Designated standard

Application _E2

[^F34 Disapplication where more specific obligations apply

Application of safety legislation _E3

Making available or putting into service _E4

[^F37 Declaration ^F37] of conformity and [^F38 UK ^F38] marking _E5

Retention of technical documentation and [^F44 EU ^F44] declaration of conformity

Compliance procedures for series production _E6

Information identifying manufacturer _E7

Instructions and information _E8

Manufacturer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity _E9

Requirements that must be satisfied before an importer places apparatus on the market _E10

Information identifying importer _cross-notes _E11

Instructions and information _E12

Importer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity _E13

Retention of technical documentation and [^F59 EU ^F59] declaration of conformity

Making available on the market _E14

Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformity _E15

Provision of information and co-operation _E16

Prohibition on improper use of [^F68 UK ^F68] marking _E17

Appointment of an authorised representative _E18

[^F72 Obligations which are met by complying with obligations in the Directive

[^F75 Further use of the UK marking

Presumption of conformity _E19

[^F78 Declaration ^F78] of conformity _E20

[^F80 UK ^F80] marking _E21

CE marking _E76

[^F86 UK(NI) indication

PART 4 [^F87 Notification of conformity assessment bodies ^F87] [^F87 Approval of Conformity Assessment Bodies ^F87]

[^F87 Approved bodies _E22

[^F87 Approval of conformity assessment bodies _E23

[^F87 Presumption of conformity of approved bodies _E24

[^F87 Monitoring _E25

[^F87 Restriction, suspension or withdrawal of approval _E26

[^F87 Operational matters in relation to approved bodies _E27

[^F87 Subsidiaries and contractors _E28

[^F87 Register of approved bodies _E29

[^F87 UK national accreditation body _E30

Enforcement action in respect of apparatus that is not in conformity and which present a risk _E31

Enforcement action in respect of formal non-compliance _E32

Review _E33

[^F114 Transitional provision in relation to EU Exit

Technical documentation _E34_,_E77

[^F120 CE ^F120] [^F120 UK ^F120] marking and [^F121 EU ^F121] declaration of conformity _E35_,_E78

PART 1 Module B: [^F124 EU-type ^F124] [^F124 Type ^F124] Examination _E36_,_E79_,_E37_,_E80_,_E38_,_E81_,_E39_,_E82_,_E40_,_E83_,_E41_,_E84_,_E42_,_E85_,_E43_,_E86_,_E44_,_E87_,_E45_,_E88_,_E46_,_E89_,_E47_,_E90_,_E48_,_E91_,_E49_,_E92_,_E50_,_E93_,_E51_,_E94

PART 2 Module C: conformity to type based on internal production control _E52_,_E95

Manufacturing _E53

^F155 [^F154 UK ^F154] marking and ... declaration of conformity _E54

SCHEDULE 4 [^F160 EU declaration ^F160] [^F160 Declaration ^F160] of conformity

[^F161 EU declaration ^F161] [^F161 Declaration ^F161] of conformity (No xxxx) _E55_,_E96_,_E56_,_E97_,_E57_,_E98