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The Measuring Instruments (Material Measures of Length) Regulations 2006

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This is the original version (as it was originally made).

Variation and termination of designations

This section has no associated Explanatory Memorandum

10.—(1) The Secretary of State may vary a designation made under regulation 7 if—

(a)the United Kingdom notified body so requests; or

(b)it appears to him necessary or expedient to do so.

(2) The Secretary of State may terminate a designation made under regulation 7—

(a)on the expiry of 90 days' notice in writing at the request of the United Kingdom notified body;

(b)if it appears to him that any condition of the designation is not complied with; or

(c)if in his opinion the United Kingdom notified body ceases to satisfy the notified body criteria.

(3) Where the Secretary of State is minded to—

(a)vary a designation pursuant to paragraph (1)(b); or

(b)terminate a designation pursuant to paragraph (2)(b) or (c),

he shall—

(i)give notice in writing to the United Kingdom notified body of his reasons; and

(ii)give that notified body the opportunity to make representations within a period of 21 days from the date of that notice and consider any representations made to him within that period.

(4) If a designation is terminated under paragraph (2), the Secretary of State may—

(a)give such directions (either to the United Kingdom notified body the subject of the termination or to another United Kingdom notified body) for the purposes of making arrangements for the determination of outstanding applications as he considers appropriate; and

(b)notwithstanding sub-paragraph (a), authorise another United Kingdom notified body to take over the functions of the United Kingdom notified body the subject of the termination in respect of such cases as he may specify.

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