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This Statutory Instrument has been published in substitution of S.I. 2022/1346 which was made before being approved by the House of Lords. These Regulations are being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2022 No. 1400

Consumer Protection

Electromagnetic Compatibility

Environmental Protection

Health And Safety

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Weights And Measures

The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022

Made

22nd December 2022

Coming into force

23rd December 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(1), 2(9)(b) and (c) and 4(1)(a) and (b) of the Trade Act 2021( 1 ).

In accordance with paragraph 4(1) of Schedule 2 to the Trade Act 2021 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1. These Regulations may be cited as the Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022 and come into force the day after the day on which these Regulations are made.

Extent

2. —(1) Subject to paragraph (2), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(2) Regulation 5 extends to England and Wales and Scotland only.

Amendment of the Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021

3.The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021( 2 ) are amended in accordance with regulations 4 to 7.

4. In regulation 3 (interpretation)—

(a) before paragraph (a), insert—

(za) the 2009 Regulations ” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 ( 3 ) ; ;

(b) after paragraph (b), insert—

(ba) appointed body ” has the meaning given in regulation 2(5) of the 2009 Regulations; ;

(c) in paragraph (h)—

(i) after sub-paragraph (v), omit “or”;

(ii) after sub-paragraph (vi), insert—

or

(vii) the Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on mutual recognition in relation to conformity assessment; .

5. In regulation 4(2) (recognition of conformity assessment), for “by an approved body.” substitute—

by—

(a) an approved body, for the purposes of the specified Regulations other than the 2009 Regulations; or

(b) an appointed body, for the purposes of the 2009 Regulations. .

6. In Schedule 1 (specified Regulations)

(a) after paragraph 2, insert—

2A. The 2009 Regulations. ;

(b) after paragraph 7, insert—

7A. The Non-automatic Weighing Instruments Regulations 2016 ( 4 ) . .

7. In Schedule 2 (annexes and appendices to the MRAs), at the end insert—

For the Swiss MRA

12. Annex I (Product sectors). .

Kevin Hollinrake

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

22nd December 2022

( 1 )

2021 c. 10 . See section 5(1) of the Trade Act 2021 for the definition of “appropriate authority”.

( 2 )

S.I. 2021/730 , as amended by S.I. 2021/1332 .

( 3 )

S.I. 2009/1348 ; they were made for a purpose mentioned in section 2(2)(a) of the European Communities Act 1972 (c. 68) and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018 (c. 16) ; they were amended by S.I. 2020/1111 and 2021/1370 ; there are other amending instruments but none is relevant. The term “appointed body” was introduced into the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 with effect from IP completion day by S.I. 2020/1111 .

( 4 )

S.I. 2016/1152 ; they were made in part under section 2(2)(a) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended by S.I. 2019/5 , 2019/696 , 2020/1460 and 2021/1273 ; there are other amending instruments but none is relevant.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022 (2022/1400)

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