Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Pt. 3 (regs. 40A-41) substituted for Pt. 3 (regs. 40, 41) (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. 15 para. 28 (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2; by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 9(5) and by S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(e)(vii)); 2020 c. 1, Sch. 5 para. 1(1)
40E.—(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 40D(b), the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 40A (approved bodies).
(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 40D(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 40A.
(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
(c)consider any such representations made by the approved body.
(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 other enforcement 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 UK notified body.]