The Telecommunications Terminal Equipment Regulations 1992

PART VI RECOGNISED TEST LABORATORIES

Recognised test laboratories, designated test laboratories and third country relevant bodies

57.  For the purposes of these Regulations—

(a) a recognised test laboratory is either—

(i) a designated test laboratory; or

(ii) a third country relevant body;

(b) a designated test laboratory is a test laboratory designated pursuant to Article 10.2 of the TTE Directive by—

(i) the Secretary of State pursuant to regulation 58 below as a United Kingdom designated test laboratory; or

(ii) a member State other than the United Kingdom as a designated test laboratory of that member State,

for the purposes of carrying out the tests pertaining to the procedures referred to in Article 9 of that Directive (being the EC type-examination procedure and the EC declaration of conformity procedure); and

(c) a third country relevant body is a body of a country or territory other than a member State which is recognised by the Community pursuant to Article 10.5 of the TTE Directive as competent to issue documentation for the purposes of facilitating the determination of conformity of applicable terminal equipment with common technical regulations, harmonized standards or national standards pursuant to an agreement between the Community and the country or territory concerned.

Designation of United Kingdom designated test laboratories

58.—(1) Subject to the following provisions of this regulation, the Secretary of State may designate a laboratory as a United Kingdom test laboratory.

(2) A designation under this regulation shall be in writing and shall be subject to such conditions as the Secretary of State may impose for the time being, and such conditions may include conditions which are to apply on or following the termination or expiry of the designation.

(3) A designation under this regulation shall have effect in respect of such descriptions of applicable terminal equipment as the Secretary of State may for the time being authorise.

(4) Subject to paragraph (5) below, in exercising the power conferred by paragraph (1) above, the Secretary of State may have regard to any matter appearing to him to be relevant, provided however that he shall not designate a laboratory as a United Kingdom test laboratory unless he is satisfied that it satisfies the relevant criteria.

(5) Notwithstanding paragraph (4) above, the Secretary of State may, before 6th May 1994, designate a laboratory as a designated test laboratory if that laboratory is an approved testing laboratory without considering whether that laboratory satisfies the relevant criteria, provided however that the designation of such a laboratory shall lapse on that date if, before that date, such laboratory has not satisfied the Secretary of State that it satisfies the relevant criteria; and in this paragraph, “approved testing laboratory” means a laboratory which is an approved testing laboratory within the meaning of Article 2.8 of Council Directive 86/361/EEC and which is, on 6th November 1992, approved by the United Kingdom in the manner provided for in Article 7.2 of that Directive.

(6) The Secretary of State may, for the purposes of satisfying himself that a test laboratory satisfies the relevant criteria, have regard to an assessment of that laboratory against such criteria by a United Kingdom notified body.

(7) Subject to regulation 59 below, a designation under this regulation may be for—

(a) the time being; or

(b) such period as may be specified in the designation.

(8) Where the Commission informs the Secretary of State pursuant to Article 10.4 of the TTE Directive that, in the opinion of the Committee referred to in Article 13 thereof, changes are necessary in the conditions to which a designation of a United Kingdom designated test laboratory is subject or in the authorised descriptions of applicable terminal equipment in respect of which the designation has effect if that laboratory is to retain its recognised status, the Secretary of State shall vary the conditions or authorised descriptions, as the case may require, to give effect to such changes.

(9) Nothing in these Regulations shall require a United Kingdom designated test laboratory to carry out any test or assessment upon request from a manufacturer of applicable terminal equipment or a notified body; and it is hereby declared for the avoidance of doubt that where a United Kingdom designated test laboratory carries out any test or assessment, it may charge such fees (which may include an amount on account of profit) as it may determine.

(10) In this regulation and regulation 59 below, “relevant criteria” means the criteria fixed by the appropriate parts of standards which are relevant harmonized standards for the designation of such laboratories for the purposes of Article 10.2 of the TTE Directive.

Termination of designation

59.  The Secretary of State, by notice in writing (a “notice of termination”)—

(a) shall terminate the designation of a United Kingdom designated test laboratory where—

(i) the laboratory so requests; or

(ii) it appears to the Secretary of State that—

(aa) the laboratory no longer satisfies the relevant criteria; or

(bb) it is necessary in the interests of manufacturers, suppliers or users of applicable terminal equipment, or of operators of public telecommunications networks, to terminate the laboratory’s appointment; and

(b) may terminate the designation if the laboratory is in breach of a condition of designation;

and where the Secretary of State terminates appointment of a United Kingdom designated test laboratory, he shall inform the appropriate authorities of the member States and the Commission thereof.

Tests and assessments carried out by recognised test laboratories

60.  A United Kingdom notified body may have any test or assessment of any applicable terminal equipment which it could carry out itself in the course of its functions under these Regulations carried out by a recognised test laboratory; and where a recognised test laboratory carries out such a test or assessment in the course of a visit to the manufacturer’s premises pursuant to one of the procedures provided for in regulation 26, 34 or 46 above, a reference in those Regulations to allowing the notified body access and providing the notified body with information, facilities and assistance shall be construed as a reference to allowing the recognised test laboratory access or providing the recognised test laboratory with information, facilities and assistance, as the case may be.