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The Radio Equipment Regulations 2017

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation and application

    3. 3.Scope

    4. 4.Exception for trade fairs and exhibitions

    5. 5.Putting into service and use

  3. PART 2

    1. CHAPTER 1

      1. 6.Essential requirements

    2. CHAPTER 2

      1. 7.Design and manufacture in accordance with essential requirements

      2. 8.Construction must allow operation in at least one Member State

      3. 9.Technical documentation and conformity assessment

      4. 10.EU declaration of conformity and CE marking

      5. 11.Retention of technical documentation and EU declaration of conformity

      6. 12.Identification of the radio equipment and manufacturer

      7. 13.Instructions and information to be included with the radio equipment

      8. 14.Information to be included where there are restrictions on putting into service or requirements for authorisation of use

      9. 15.Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity

      10. 16.Provision of information and cooperation

      11. 17.Compliance procedures for series production

      12. 18.Monitoring

      13. 19.Authorised representatives

    3. CHAPTER 3

      1. 20.Prohibition on placing on the market radio equipment which is not in conformity

      2. 21.Requirements which must be satisfied before an importer places radio equipment on the market

      3. 22.Prohibition on placing on the market radio equipment considered not to be in conformity with the essential requirements

      4. 23.Information identifying importer

      5. 24.Instructions and safety information

      6. 25.Storage and transport

      7. 26.Monitoring

      8. 27.Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity

      9. 28.Retention of technical documentation and EU declaration of conformity

      10. 29.Provision of information and cooperation

    4. CHAPTER 4

      1. 30.Duty to act with due care

      2. 31.Requirements which must be satisfied before a distributor makes radio equipment available on the market

      3. 32.Prohibition on making available on the market where radio equipment not considered to be in conformity with the essential requirements

      4. 33.Storage and transport

      5. 34.Duty to take action in respect of radio equipment made available on the market which is not in conformity

      6. 35.Provision of information and cooperation

    5. CHAPTER 5

      1. 36.Cases in which obligations of manufacturers apply to importers and distributors

    6. CHAPTER 6

      1. 37.Translation of declaration of conformity

      2. 38.Identification of economic operators

      3. 39.Prohibition on improper use of CE marking

  4. PART 3

    1. 40.Presumption of conformity

    2. 41.Conformity assessment procedures

    3. 42.EU declaration of conformity

    4. 43.Simplified EU declaration of conformity

    5. 44.CE marking

    6. 45.Technical documentation

  5. PART 4

    1. 46.Notified bodies

    2. 47.Notification

    3. 48.Presumption of conformity of notified bodies

    4. 49.Contents of notification

    5. 50.Monitoring

    6. 51.United Kingdom Accreditation Service

    7. 52.Changes to notifications

    8. 53.Operational obligations of notified bodies

    9. 54.Subsidiaries and contractors

  6. PART 5

    1. 55.Designation of market surveillance authorities

    2. 56.Designation of enforcing authorities

    3. 57.Enforcement powers

    4. 58.Exercise of enforcement powers

    5. 59.Evaluation of radio equipment presenting a risk

    6. 60.Enforcement action in respect of radio equipment which is not in conformity and which presents a risk

    7. 61.EU safeguard procedure

    8. 62.Enforcement action in respect of radio equipment which is in conformity, but presents a risk

    9. 63.Enforcement action in respect of formal non-compliance

    10. 64.Restrictive measures

    11. 65.Offences

    12. 66.Penalties

    13. 67.Defence of due diligence

    14. 68.Liability of persons other than principal offender

    15. 69.Time limit for prosecution of offences

    16. 70.Service of documents

    17. 71.Recovery of expenses of enforcement

    18. 72.Action by enforcing authority

    19. 73.Appeals against notices

    20. 74.Appropriate court for appeals against notices

    21. 75.Compensation

  7. PART 6

    1. 76.Review

    2. 77.Transitional provision

    3. 78.Revocations and savings

    4. 79.Consequential and other amendments

    5. 80.(1) The Consumer Rights Act 2015 is amended as follows....

    6. 81.(1) The Electromagnetic Compatibility Regulations 2016 are amended as follows....

    7. 82.(1) The Pressure Equipment (Safety) Regulations 2016 are amended as...

    8. 83.(1) The Simple Pressure Vessels (Safety) Regulations 2016 are amended...

    9. 84.(1) The Electrical Equipment (Safety) Regulations 2016 are amended as...

    10. 85.(1) The Recreational Craft Regulations 2017 are amended as follows....

  8. Signature

    1. SCHEDULE 1

      Radio equipment outside the scope of these Regulations

      1. 1.(1) Radio equipment used by radio amateurs within the meaning...

      2. 2.Marine equipment falling within the scope of Council Directive 96/98/EC...

      3. 3.Airborne products, parts and appliances falling within the scope of...

      4. 4.Custom-built evaluation kits destined for professionals to be used solely...

    2. SCHEDULE 2

      Conformity assessment module A

      1. Internal production control

        1. 1.Internal production control is the conformity assessment procedure whereby the...

        2. 2.Technical documentation

        3. 3.Manufacturing

        4. 4.CE marking and EU declaration of conformity

        5. 5.Authorised representatives

    3. SCHEDULE 3

      Conformity assessment modules B and C

      1. EU-type examination and conformity to type based on internal production control

      2. Module B

        1. 1.EU-type examination

        2. 2.EU-type examination must be carried out by assessment of the...

        3. 3.(1) The manufacturer must lodge an application for EU-type examination...

        4. 4.The notified body must examine the technical documentation and supporting...

        5. 5.The notified body must draw up an evaluation report that...

        6. 6.(1) Where the type meets the requirements of these Regulations...

        7. 7.(1) The notified body must keep itself appraised of any...

        8. 8.(1) Each notified body must inform its notifying authority concerning...

        9. 9.The manufacturer must keep a copy of the EU-type examination...

        10. 10.The manufacturer’s authorised representative may lodge the application referred to...

      3. Module C

        1. 11.Conformity to type based on internal production control

        2. 12.Manufacturing

        3. 13.CE marking and EU declaration of conformity

        4. 14.Authorised representative

    4. SCHEDULE 4

      Conformity assessment module H

      1. 1.Conformity based on full quality assurance

      2. 2.Manufacturing

      3. 3.Quality system

      4. 4.Surveillance under the responsibility of the notified body

      5. 5.CE marking and EU declaration of conformity

      6. 6.The manufacturer must, for a period ending 10 years after...

      7. 7.(1) Each notified body must inform its notifying authority of...

      8. 8.Authorised representative

    5. SCHEDULE 5

      Contents of technical documentation

      1. 1.The technical documentation must, wherever applicable, contain at least the...

    6. SCHEDULE 6

      EU declaration of conformity

      1. 1.EU declaration of conformity (No XXX)

      2. 2.Name and address of the manufacturer or his authorised representative:...

      3. 3.This declaration of conformity is issued under the sole responsibility...

      4. 4.Object of the declaration (identification of the radio equipment allowing...

      5. 5.The object of the declaration described above is in conformity...

      6. 6.References to the relevant harmonised standards used or references to...

      7. 7.Where applicable, the notified body(name, number)performed(description of intervention)and issued the...

      8. 8.Where applicable, description of accessories and components, including software, which...

    7. SCHEDULE 7

      Simplified EU declaration of conformity

      1. 1.The simplified EU declaration of conformity referred to in regulation...

      2. 2.Hereby, [Name of manufacturer] declares that the radio equipment type...

      3. 3.The full text of the EU declaration of conformity is...

    8. SCHEDULE 8

      Notified body requirements

      1. 1.A conformity assessment body must be established in the United...

      2. 2.(1) A conformity assessment body must be a third-party body...

      3. 3.(1) A conformity assessment body, its top level management and...

      4. 4.A conformity assessment body, its top level management and the...

      5. 5.A conformity assessment body, its top level management and the...

      6. 6.A conformity assessment body must ensure that the activities of...

      7. 7.A conformity assessment body and its personnel must carry out...

      8. 8.A conformity assessment body must be capable of carrying out...

      9. 9.A conformity assessment body must have at its disposal—

      10. 10.A conformity assessment body must have the means necessary to...

      11. 11.The personnel responsible for carrying out the conformity assessment activities...

      12. 12.A conformity assessment body must be able to demonstrate the...

      13. 13.The remuneration of the top level management and the personnel...

      14. 14.A conformity assessment body must have, and must satisfy the...

      15. 15.A conformity assessment body must ensure that its personnel observe...

      16. 16.Paragraph 15 does not prevent the personnel from providing information...

      17. 17.A conformity assessment body must participate in, or ensure that...

    9. SCHEDULE 9

      Operational obligations of notified bodies

      1. 1.A notified body must carry out conformity assessments in accordance...

      2. 2.A notified body must carry out conformity assessments in a...

      3. 3.A conformity assessment body must perform its activities taking due...

      4. 4.A conformity assessment body must respect the degree of rigour...

      5. 5.Where a notified body finds that the essential requirements or...

      6. 6.Where, in the course of the monitoring of conformity following...

      7. 7.Where the notified body has required a manufacturer to take...

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

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

      10. 10.A notified body must inform the Secretary of State of—...

      11. 11.A notified body must make provision in its contracts with...

      12. 12.A notified body must, in accordance with the requirements in...

      13. 13.A notified body must participate in the work of any...

      14. 14.A notified body must fulfil any information obligations under Schedules...

    10. SCHEDULE 10

      Enforcement and investigatory powers conferred on the enforcing authority and the market surveillance authority

      1. PART 1 Powers

        1. 1.Enforcement powers under the 1987 Act

        2. 2.Modifications to the 1987 Act

        3. 3.Application of Schedule 5 to the Consumer Rights Act 2015

      2. PART 2 Notices

        1. 4.Compliance notice

        2. 5.Withdrawal notice

        3. 6.Recall notice

        4. 7.Interpretation

  9. Explanatory Note

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