The Boiler (Efficiency) Regulations 1993

Notified bodies

8.—(1) The Secretary of State may approve a body which meets the requirements in Part I of Schedule 6 to perform the functions conferred on notified bodies by these Regulations, and shall notify the name of any body so approved to the Commission of the European Communities and to other Member States.

(2) Any such approval—

(a) may be given for an unlimited period or for a specified period; and

(b) shall be given subject to conditions which meet the requirements in Part II of Schedule 6, and the Secretary of State shall withdraw an approval if the body ceases to satisfy or comply with such a condition or ceases to satisfy the criteria in Schedule 6.

(3) A notified body may require a fee to be paid by the manufacturer or his authorised representative in connection with the performance by that body of any function under these Regulations, and in any case the fee shall not exceed the sum of —

(a) the costs of the notified body in connection with the functions carried out or to be carried out by the body under these Regulations; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to —

(i) the nature and extent of the work done or to be done by the notified body in connection with the performance of that function; and

(ii) the commercial rate normally charged in respect of profit for that work or similar work.

(4) A body which satisfies the criteria laid down in the corresponding harmonised standards shall be deemed to comply with the criteria specified in Schedule 6.