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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

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48.—(1) Where the Executive determines that a notified body no longer meets a notified body requirement, or is failing to fulfil its obligations under these Regulations other than conditions set in accordance with regulation 44(6)(b), the Executive shall restrict, suspend or withdraw the body’s status as a notified body under regulation 42.

(2) With the consent of a notified body, or where the Executive determines that a notified body no longer meets a condition set in accordance with regulation 44(6)(b), the Executive may restrict, suspend or withdraw the body’s status as a notified body under regulation 42.

(3) In deciding what action is required under paragraph (1) or (2), the Executive shall have regard to the seriousness of the non-compliance.

(4) Where the Executive takes action under paragraph (1) or (2), the Executive shall immediately inform the European Commission, the other Member States and Great Britain.

(5) Where the Executive has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the notified body shall—

(a)at the request of the Executive, transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Executive; or

(b)in the absence of a request under sub-paragraph (a), keep its files relating to the activities it has undertaken as a notified body available for inspection by the Executive for a period of 10 years from the date they were created.

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