5Control of conformity to approved type or instructions
(1)The Secretary of State may by order make such provision in relation to appliances of any description to which this Part of this Act applies as appears to him to be appropriate for the purpose of ensuring—
(a)that new appliances of any model for which a type approval granted under section 4 of this Act is in force continue to conform to the approved type; and
(b)that operating and maintenance instructions approved under that section for supply with any such model are and continue to be appropriate for that model ;
to any extent required by the order.
(2)The terms required by an order under section 4 of this Act to be imposed in granting an approval shall include terms requiring the holder of the approval—
(a)to take such measures for either of the purposes mentioned in subsection (1) above as may be prescribed by the order;
(b)to permit any type approval body authorised in accordance with the order to take such measures for either of those purposes as may be so prescribed; and
(c)to provide any such type approval body with any information or other facilities that body may require for the purpose of or in connection with taking any measures authorised by virtue of paragraph (b) above.
(3)Without prejudice to the generality of subsection (1) above, an order made by virtue of that subsection may confer functions on any type approval body specified in the order for either purpose mentioned in that subsection, and may in particular provide for the suspension or withdrawal by any such body of any approval granted under section 4 (and, in the case of a type approval, of any related type approval certificate)—
(a)on breach of any of the terms on which the approval was granted; ,.
(b)in the case of a type approval, if such number or proportion of samples of the model to which the approval relates as may be specified in the order fail, to such extent or in such respects as may be so specified, to conform to the approved type
(c)in the case of an approval of operating and maintenance instructions, if in any event mentioned in paragraph (b) above the failure of the samples to conform to the approved type is such as to render those instructions false or misleading in relation to those samples in any respect specified in the order or (where the order so provides) in any respect appearing to that body to be material;
(d)in the case of an approval of operating and maintenance instructions, if it appears to that body that there is evidence establishing that those instructions are false or misleading or otherwise inadequate in relation to appliances of the model to which the approval relates; and
(e)in such other circumstances as may be specified in the order.
(4)The Secretary of State may also make provision by order under this section authorising or requiring any type approval body specified in the order—
(a)to request any Community approval body to take measures in the member State in which the latter body is established corresponding to any measures the type approval body is authorised or required to take for the purpose of the exercise in the United Kingdom, in relation to appliances of any description to which this Part of this Act applies, of any of its surveillance functions; and
(b)to take in relation to appliances of any such description, at the request of any Community approval body specified in the order, any measures so specified corresponding to any measures the latter body is authorised or required to take for the purpose of the exercise in the member State in which it is established of functions corresponding to any of the surveillance functions of the type approval body ;
and references in subsection (2)(b) and (c) above to a type approval body shall accordingly be read as including references to a Community approval body acting in pursuance of a request made by virtue of paragraph (a) above.
(5)In subsection (4) above " Community approval body" means any person authorised in accordance with any relevant Community requirements to carry out functions in any member State other than the United Kingdom corresponding to any functions conferred on type approval bodies by or under this Part of this Act; and references to the surveillance functions of a type approval body are references to functions exercisable by any such body under this Part of this Act for the purpose of determining—
(a)whether appliances of any model for which a type approval granted under section 4 of this Act is in force continue to conform to the approved type; or
(b)whether any operating and maintenance instructions approved under that section for supply with any such model are or continue to be appropriate for that model; or
(c)whether the holder of any approval granted under that section is complying with the terms on which it was granted.
(6)Without prejudice to any power exercisable by a type approval body in relation to any appliances bearing a U.K. type approval mark—
(a)by virtue of any terms on which an approval was granted under section 4 of this Act; or
(b)under any order made by virtue of subsection (1) above;
the Secretary of State may by order require any type approval body specified in the order to take such measures as may be prescribed by the order for the purpose of determining whether new appliances of any description to which this Part of this Act applies which bear a type approval mark (whether or not a U.K. type approval mark) conform to the approved type.
(7)A particular appliance of any model for which a type approval is in force shall be regarded for the purposes of this section as conforming to the approved type if—
(a)it conforms to the standards applied in granting the type approval; and
(b)any approved particulars for that model with respect to any items of information required under this Part of this Act or by any relevant Community requirements to be provided by means of or in association with a type approval mark for that model are correct for that appliance.