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Statutory Instruments

2024 No. 504

BUILDING AND BUILDINGS

CIVIL AVIATION

CONSTRUCTION

CONSUMER PROTECTION

ELECTROMAGNETIC COMPATIBILITY

ENERGY CONSERVATION

HEALTH AND SAFETY

MERCHANT SHIPPING

TELECOMMUNICATIONS

TRADE

TRANSPORT

WEIGHTS AND MEASURES

The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024

Made

7th April 2024

Laid before Parliament

15th April 2024

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(1) and (2) of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024(1).

Part 1 Preliminary

Citation, commencement and extentI1

1.—(1) These Regulations may be cited as the Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024.

(2) These Regulations come into force immediately after the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 comes into force in accordance with section 7(1) of that Act, ignoring the different provision in section 7(2).

(3) These Regulations extend to England and Wales and Scotland only.

Part 2 Amendment to subordinate legislation

Amendment to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003I2

2.—(1) The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003(2) are amended as follows.

(2) In regulation 2(2) (interpretation)—

(a)for the definition of “competent laboratory” substitute—

““competent laboratory” means a laboratory which—

(a)

is accredited by the United Kingdom Accreditation Service under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation;

(b)

is based in the United Kingdom or in the territory of a party to the CPTPP; and

(c)

has sufficient equipment, facilities and expertise to conduct a detonation resistance test and is independent from any person having an interest in the outcome of such test;”;

(b)after the definition of “competent laboratory” insert—

““the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024;”;

(c)omit “and” at the end of the definition of “unique numbered copy”; and

(d)after the definition of “unique numbered copy” insert—

““United Kingdom Accreditation Service” means a company limited by guarantee incorporated in England and Wales under number 03076190; and”.

(3) In regulation 13(2) (transitional provision) after “were a reference to the United Kingdom or the European Union” insert “, and as if words “from the United Kingdom Accreditation Service” were omitted for laboratories based in the European Union”.

Amendment to the Ecodesign for Energy-Related Products Regulations 2010I3

3. In paragraph 10 (UK national accreditation body) of Schedule 1B (conformity assessment bodies) to the Ecodesign for Energy-Related Products Regulations 2010(3)—

(a)for sub-paragraph (1) substitute—

“(1) A conformity assessment body must have legal personality and must be established in—

(a)Great Britain; or

(b)the territory of a party to the CPTPP.”; and

(b)after sub-paragraph (1) insert—

“(1A) 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.”.

Amendment to the Toys (Safety) Regulations 2011I4

4. For paragraph 1 of Schedule 7 (approved body requirements) to the Toys (Safety) Regulations 2011(4) substitute—

“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.”.

Amendment to the Explosives Regulations 2014I5

5. For paragraph 1 of Schedule 15 (approved body requirements) to the Explosives Regulations 2014(5) substitute—

“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.”.

Amendment to the Merchant Shipping (Marine Equipment) Regulations 2016

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to the Electromagnetic Compatibility Regulations 2016I6

7. For paragraph 1 of Schedule 5 (requirements for approved bodies) to the Electromagnetic Compatibility Regulations 2016(6) substitute—

“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.”.

Amendment to the Simple Pressure Vessels (Safety) Regulations 2016I7

8. For paragraph 1 of Schedule 4 (approved bodies) to the Simple Pressure Vessels (Safety) Regulations 2016(7) substitute—

“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.”.

Amendment to the Lifts Regulations 2016I8

9. For paragraph 1 of Schedule 4 (approved body requirements) to the Lifts Regulations 2016(8) substitute—

“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.”.

Amendment to the Pressure Equipment (Safety) Regulations 2016I9

10.—(1) The Pressure Equipment (Safety) Regulations 2016(9) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “conformity assessment procedure” insert—

““the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024;”.

(3) In paragraph 31 (materials) of Schedule 2 (essential safety requirements), for sub-paragraph (8) substitute—

“(8) Certificates issued by a material manufacturer are presumed to certify conformity with the relevant requirements of this paragraph where the manufacturer has an appropriate quality-assurance system that—

(a)is certified by a competent body established in—

(i)the United Kingdom;

(ii)the territory of an EEA state; or

(iii)the territory of a party to the CPTPP; and

(b)has undergone a specific assessment for materials.”.

(4) For paragraph 2 of Schedule 4 (approved body requirements) substitute—

“2. 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.”.

Amendment to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016I10

11. For paragraph 1 of Schedule 2 (approved body requirements) to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016(10) substitute—

“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.”.

Amendment to the Non-automatic Weighing Instruments Regulations 2016I11

12. For paragraph 1 of Schedule 3 (approved body requirements) to the Non-automatic Weighing Instruments Regulations 2016(11) substitute—

“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.”.

Amendment to the Measuring Instruments Regulations 2016I12

13. For paragraph 1 of Schedule 5 (requirements related to approved bodies) to the Measuring Instruments Regulations 2016(12) substitute—

“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.”.

Amendment to the Recreational Craft Regulations 2017I13

14. For paragraph 1 of Schedule 11 (requirements of approved bodies) to the Recreational Craft Regulations 2017(13) substitute—

“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.”.

Amendment to the Radio Equipment Regulations 2017I14

15. For paragraph 1 of Schedule 8 (approved body requirements) to the Radio Equipment Regulations 2017(14) substitute—

“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.”.

Part 3 Amendment to assimilated direct legislation

Amendment to Regulation (EU) No 305/2011 I15

16.—(1) of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive Regulation (EU) No 305/201189/106/EEC(15) is amended as follows.

(2) In Article 2 (definitions), after paragraph (28) insert—

“(29) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

(3) In Article 19 (UK assessment document), after paragraph (1) insert—

“(1A) The duty in paragraph (1) applies only to TABs that are established in the United Kingdom.”.

(4) In Article 21 (obligations of the TAB receiving a request for a UK technical assessment), after paragraph (1A) insert—

“(1B) Paragraph (1)(a) and (1)(c) apply only to TABs that are established in the United Kingdom.”.

(5) In Article 29 (designation, monitoring and evaluation of TABs), for paragraph (3) substitute—

“(3) The Secretary of State may designate a body as a TAB for one or several of the product areas listed in Table 1 of Annex 4 providing the body is established in—

(a)the United Kingdom; or

(b)the territory of a party to the CPTPP.”.

(6) In Article 30 (requirements for TABs), after paragraph (2) insert—

“(2A) Paragraph (2)(a) applies only to TABs that are established in the United Kingdom.”.

(7) In Article 43 (requirements for approved bodies), for paragraph (2) substitute—

“(2) An approved body must have legal personality and must be established in—

(a)the United Kingdom; or

(b)the territory of a party to the CPTPP.”.

Amendment to Regulation (EU) 2016/425 I16

17. In Article 24 (approved body requirements) of of the European Parliament and of the Council on personal protective equipment and repealing Council Directive Regulation (EU) 2016/42589/686/EEC(16)—

(a)for paragraph (2) substitute—

“(2) 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.”; and

(b)after paragraph (2) insert—

“(2A) In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to Regulation (EU) 2016/426 I17

18. In Article 23 (approved body requirements) of of the European Parliament and of the Council on appliances burning gaseous fuels and repealing Regulation (EU) 2016/426(Directive 2009/142/EC17)—

(a)for paragraph (2) substitute—

“(2) 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.”; and

(b)after paragraph (2) insert—

“(2A) In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Amendment to Regulation (EU) 2018/858 I18

19. In Article 68 (designation of technical services) of of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations Regulation (EU) 2018/858(EC) No 715/2007 and (EC) No 595/2009 and repealing (Directive 2007/46/EC18)—

(a)for paragraph (3) substitute—

“(3) Subject to paragraph (3B), a technical service must have legal personality and must be established in—

(a)the United Kingdom;

(b)a member State; or

(c)the territory of a party to the CPTPP.”; and

(b)after paragraph (3) insert—

“(3A) In paragraph (3) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.

(3B) Paragraph (3) does not apply to a technical service belonging to an approval authority or an accredited in-house technical service of the manufacturer, as referred to in Article 72.”.

Amendment to Commission Delegated Regulation (EU) 2019/945 I19

20. In Article 22 (requirements relating to approved bodies) of Commission Delegated of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems(Regulation (EU) 2019/94519)—

(a)for paragraph (2) substitute—

“(2) A conformity assessment body shall have legal personality and shall be established in—

(a)the United Kingdom; or

(b)the territory of a party to the CPTPP.”; and

(b)after paragraph (2) insert—

“(2A) In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.

Greg Hands

Minister of State for Trade Policy

Department for Business and Trade

7th April 2024

(2)

S.I. 2003/1082, amended by S.I. 2011/1885, 2019/306, 2019/601, 2022/29, 2022/1182; there are other amending instruments but none is relevant.

(3)

S.I. 2010/2617; Schedule 1B was inserted by S.I. 2019/539; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(4)

S.I. 2011/1881; Schedule 7 was inserted by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(5)

S.I. 2014/1638; Schedule 15 was inserted by S.I. 2016/315 and amended by 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(6)

S.I. 2016/1091, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(7)

S.I. 2016/1092, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(8)

S.I. 2016/1093, amended by S.I. 2016/1186, 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(9)

S.I. 2016/1105, amended by S.I. 2019/696, 2024/XXXX; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(10)

S.I. 2016/1107, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(11)

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

(12)

S.I. 2016/1153, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(13)

S.I. 2017/737, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(14)

S.I. 2017/1206, amended by S.I. 2019/696; there are other amending instruments but none is relevant; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018.

(15)

EUR 305/2011, as amended by S.I. 2019/465; there are other amending instruments but none is relevant.

(16)

EUR 2016/425, as amended by S.I. 2019/696; there are other amending instruments but none is relevant.

(17)

EUR 2016/426, as amended by S.I. 2019/696; there are other amending instruments but none is relevant.

(18)

EUR 2018/858, as amended by S.I. 2022/1273; there are other amending instruments but none is relevant.

(19)

EUR 2019/945, as amended by S.I. 2020/1593; there are other amending instruments but none is relevant.

Status: There are currently no known outstanding effects for The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024.
The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (2024/504)
Version from: 5 January 2026

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F1 Reg. 6 omitted (5.1.2026) by virtue of The Merchant Shipping (Marine Equipment) Regulations 2025 (S.I. 2025/1280), reg. 1(1), Sch. 1 para. 24 (with reg. 3) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
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