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The Electromagnetic Compatibility Regulations 2006

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Procedure where a notified body is minded to refuse to give, or to vary or to withdraw a statement of compliance

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33.—(1) Where a notified body is minded to—

(a)refuse to issue a statement of compliance;

(b)vary a statement (other than at the request of the person to whom it was given); or

(c)withdraw a statement of compliance,

it shall give to the applicant, or the person to whom the statement was given, a notice in writing—

(i)giving reasons for the refusal, variation or withdrawal;

(ii)specifying the date on which the refusal, variation or withdrawal is to take effect; and

(iii)giving that applicant or person to whom the statement was given the opportunity to make representations within 21 days from the date of such notice and stating that the notified body shall consider any representations made to it within that period by that applicant or person.

(2) Where a notified body, having considered representations made to it under paragraph (1) remains of the opinion that—

(a)an application for a statement should be refused; or

(b)a statement should be varied or withdrawn,

it shall inform the applicant, or the person to whom the statement was given, of that decision in writing.

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