Subsidiaries and contractors41

1

An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

a

the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

b

the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

c

the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

2

The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

3

Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

a

the assessment of the qualifications of the subcontractor or the subsidiary; and

b

the conformity assessment activity carried out by the subcontractor or subsidiary.

4

In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006100.