Search Legislation

The Pyrotechnic Articles (Safety) Regulations 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Supplementary matters in relation to notified bodies

This sectionnoteType=Explanatory Memorandum has no associated

44.  (1)  Subject to the terms of appointment under regulation 43 and paragraph 2 a UK notified body shall carry out the functions of a notified body specified in the relevant modules of Annex II to the Directive as amended from time to time.

(2) A UK notified body shall not be obliged to carry out those functions where—

(a)the documents submitted to it in relation to the carrying out of any such function (other than the instructions for an article) are not in English or another language acceptable to the body;

(b)the manufacturer or, where regulation 7(1)(b) or 24(1)(b) applies, an importer has not submitted the amount of the fee which the body requires to be submitted with the application; or

(c)the body reasonably believes that having regard to the number of outstanding applications made to it in relation to its appointment under these Regulations it will be unable to carry out the required work within 6 months of receiving the application.

(3) A UK notified body shall make provision for a manufacturer or, where regulation 7(1)(b) or 24(1)(b) applies, an importer to be able to make an appeal against a refusal by the UK notified body —

(a)to issue an EC type-examination certificate referred to in point 1(5) (module B: EC type-examination) of Annex II to the Directive as amended from time to time;

(b)to affix, or cause to be affixed, the body’s identification number or to issue a certificate of conformity referred to in point 5(2) (module G: unit verification) of Annex II to the Directive as amended from time to time; or

(c)make a positive decision in relation to the assessment decision referred to in point 6.3.3 (module H: full quality assurance) of Annex II to the Directive as amended from time to time.

(4) A UK notified body may charge such fees in connection with, or incidental to, carrying out its functions under an appointment under regulation 43 (process of appointment and notification of notified bodies etc.) as it may determine, provided that such fees shall not exceed the sum of—

(a)the costs incurred or to be incurred by the body in performing the relevant function;

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

(i)the character and extent of the work done or to be done by the body on behalf of the manufacturer or, where regulation 7(1)(b) or 24(1)(b) applies, the importer of the article in question; and

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

(5) A UK notified body may require the payment of fees or a reasonable estimate of fees in advance of carrying out the work required by the relevant person referred to in paragraph 4(b)(i).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources