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8. (1) Subject to the following provisions of this regulation, a standard plug shall be of a type approved by a notified body, and in respect of which such approval has not been cancelled, and in determining applications made to it for such approval the notified body shall not grant such approval unless it is satisfied–
(a)that plugs of that type conform to BS 1363; and
(b)by means of inspection or testing of samples of plugs of that type, that the manufacturer of the plug may reasonably be expected to ensure that normal production and design of the plug will result in plugs of that type conforming to that standard.
(2) Without prejudice to paragraph (3) below, where standard plugs have for the purposes of paragraph (1) above been subjected to a type test as described in BS 1363 and a particular sample has failed to satisfy the test, then, notwithstanding any provision in the standard whereby on a successful re–test of a sample such plugs are deemed to conform to the standard, such plugs shall be treated for the purposes of this regulation as not conforming to the standard.
(3) Notwithstanding the provisions of paragraphs (1) and (2) above, a type of standard plug may be approved by a notified body where plugs of that type do not conform to BS 1363 if when determining an application for approval the notified body is satisfied–
(i)the plugs are constructed using an alternative method of construction which provides an equivalent level of safety in respect of any risk of death or personal injury to plugs which conform to BS 1363 and is such that plugs of that type may reasonably be expected to be safe in use; and
(ii)except in respect of the matter for which alternative provision is made, plugs of that type conform to BS 1363; and
(iii)by means of inspection or testing of samples of plugs of that type, that the manufacturer of the plug may reasonably be expected to ensure that normal production and design of the plug will result in plugs of that type corresponding with the samples; or
(b)where sub–paragraph (a) of this paragraph does not apply, following inspection or testing of samples of the plug, that such plugs may reasonably be expected to be safe in use and is further satisfied, by inspection or testing of samples, that the manufacturer of the plug may reasonably be expected to ensure that normal production and design of the plug will result in plugs of that type corresponding with the samples.
(4) Subject to regulation 9 below and paragraphs (5) and (6) of this regulation, an approval granted by a notified body may be unconditional or subject to such conditions, which must be complied with if the approval is to apply, as the body considers appropriate in relation to the approval of the type of standard plug in question.
(5) A condition shall be attached to any such approval requiring the applicant, during the currency of the approval, to give to the notified body granting the approval such notice as may be specified in the approval of any changes in the standard plugs of the type approved.
(6) The conditions imposed pursuant to paragraph (4) above may be varied by the notified body which granted the approval, and a variation under this paragraph may include the imposition of new conditions or the withdrawal of conditions.
(7) Any approval given under paragraph (1) above shall remain in force for seven years or such shorter period as may be specified in the approval.
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