Energy Conservation Act 1981

4 U.K. type approval and approval of operating and maintenance instructions

(1) The Secretary of State may by order make such provision as appears to him to be appropriate for—

(a) the examination by any type approval body specified in the order of appliances of any description to which this Part of this Act applies to determine whether appliances of the model in question conform to standards prescribed under section 2 of this Act; and

(b) the examination by any such body of any operating and maintenance instructions required under section 1 of this Act to be supplied with appliances of that description to determine whether those instructions comply with any requirements imposed under section 2 of this Act;

and the grant or refusal of a type approval for that model or (as the case may be) of approval of those instructions accordingly.

References below in this Part of this Act to " approval" are references to each kind of approval mentioned above.

(2) The provision authorised by subsection (1)(a) above in relation to appliances of any description shall include provision for determining, in connection with applications for type approval of any model of appliance, the correct particulars with respect to any items of information required under section 2 of this Act to be provided by means of or in association with any U.K. type approval mark applied to appliances of that description.

(3) Without prejudice to the generality of subsection (1) above, an order under this section may make provision with respect to any of the following matters—

(a) the right to apply for approval and the procedure to be followed in relation to applications;

(b) the fees which may be charged by type approval bodies in respect of applications or for the grant of approval;

(c) the information to be supplied and for the facilities to be afforded by an applicant to the type approval body to which the application is made;

(d) the examination of samples of appliances of the model to which an application for approval relates;

(e) the terms and conditions on which approval may be granted; and

(f) the issue, in such cases where type approval of any model or appliance is granted as may be prescribed by the order, of a document (referred to below in this Part of this Act as a type approval certificate) in such form as may be so prescribed, certifying that a type approval granted under this section is in force with respect to that model.

(4) A type approval certificate for any model of appliance—

(a) shall give any particulars approved under this section as correct for that model with respect to any items of information required under section 2 of this Act to be provided by means of or in association with any U.K. type approval mark applied to appliances of the description to which that model belongs ; and

(b) shall contain or be accompanied by such other information as may be prescribed by the order.

(5) The facilities an applicant for approval may be required by an order under this section to afford to any type approval body include facilities by way of—

(a) allowing access to or removal of any appliances of the model to which the application relates which are on any premises used for the manufacture or storage of such appliances, for the purposes of any examination authorised by the order;

(b) allowing inspection of any records in the applicant's possession containing information with respect to the production and testing of that model by the applicant or (where the applicant is not the manufacturer) by the manufacturer; and

(c) carrying out in accordance with any directions given by that body any examination authorised by the order which he is required by that body to carry out.

(6) An order under this section prescribing fees for applications for or grants of approval may require the type approval body to which any such fees are payable to pay to the Secretary of State, in respect of each such fee received, an amount specified in the order (representing a proportion of that fee).