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Regulation 58

SCHEDULE 6U.K.Operational obligations of [F1 notified] [F1approved] bodies

Textual Amendments

1.  [F2A notified] [F2An approved] body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.U.K.

Textual Amendments

2.  [F2A notified] [F2An approved] body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.U.K.

Textual Amendments

3.  [F2A notified] [F2An approved] body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.U.K.

Textual Amendments

4.  [F2A notified] [F2An approved] body must respect the degree of rigour and the level of protection required to ensure that the lift or the safety component for lifts is in conformity with the requirements of these Regulations.U.K.

Textual Amendments

5.  Where a notified body finds that essential health and safety requirements or corresponding harmonised standards or other technical specifications have not been met by an installer or a manufacturer, it must require the installer or the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or an approval decision.U.K.

6.  Where, in the course of the monitoring of conformity following the issue of a certificate or an approval decision, a notified body finds that a lift or safety component for lifts is no longer in conformity with the essential health and safety requirements, it must require the installer or the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval decision (if necessary).U.K.

7.  Where [F3 the approved] body has required an installer or a manufacturer to take corrective measures and the installer or the manufacturer has failed to take such measures, or those measures have not had the required effect, [F3 the approved] body must restrict, suspend or withdraw any certificate of conformity or approval decision.E+W+S

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

7.  Where the notified body has required an installer or a manufacturer to take corrective measures and the installer or the manufacturer has failed to take such measures, or those measures have not had the required effect, the notified body must restrict, suspend or withdraw any certificate of conformity or approval decision.N.I.

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

8.  Paragraph 9 applies where a notified body is minded to—U.K.

(a)refuse to issue a certificate of conformity or approval decision; or

(b)restrict, suspend or withdraw a certificate of conformity or approval decision.

9.  Where this paragraph applies, [F4the approved] body must—E+W+S

(a)give the person applying for the certificate or approval decision, or the person to whom the certificate or approval decision was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person applying for the certificate or approval decision, or the person to whom the certificate or approval decision was given, an opportunity to make representations within a reasonable period from the date of the notice; and

(c)take account of any such representations before taking its decision.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

9.  Where this paragraph applies, the notified body must—N.I.

(a)give the person applying for the certificate or approval decision, or the person to whom the certificate or approval decision was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person applying for the certificate or approval decision, or the person to whom the certificate or approval decision was given, an opportunity to make representations within a reasonable period from the date of the notice; and

(c)take account of any such representations before taking its decision.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

10.  [F2A notified] [F2An approved] body must inform the Secretary of State of—U.K.

(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval decision;

(b)any circumstances affecting the scope of, or conditions for, notification under regulation 52 (notification);

(c)any request for information which it has received from an enforcing authority regarding conformity assessment activities; and

(d)on request, conformity assessment activities performed within the scope of its notification under regulation 52 and any other activity performed, including cross-border activities and subcontracting.

Textual Amendments

11.  [F2A notified] [F2An approved] body must make provision in its contracts with its clients enabling such clients to appeal against a decision—U.K.

(a)to refuse to issue a certificate of conformity or approval decision; or

(b)to restrict, suspend or withdraw a certificate of conformity or approval decision.

Textual Amendments

12.  [F2An approved] body must provide other bodies [F5approved by the Secretary of State] carrying out similar conformity assessment activities covering the same type of lifts or the same safety components for lifts with relevant information on issues relating to negative and, on request, positive conformity assessment results.E+W+S

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

12.  A notified body must provide other bodies notified under the Directive carrying out similar conformity assessment activities covering the same type of lifts or the same safety components for lifts with relevant information on issues relating to negative and, on request, positive conformity assessment results.N.I.

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

13.  [F2An approved] body must participate in the work of [F6any coordination group of approved bodies for lifts established by the Secretary of State], directly or by means of its designated representatives.E+W+S

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

13.  A notified body must participate in the work of the Coordination Group of Notified Bodies for Lifts established under the Directive, directly or by means of its designated representatives.N.I.

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only