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10.—(1) For the purposes of Article 22 of Regulation 2016/424/EU, the Secretary of State must notify to the European Commission and other member States only those conformity assessment bodies that qualify for notification.
(2) A conformity assessment body qualifies for notification if the conditions set out in paragraphs (3) and (4) are met.
(3) The first condition is that the conformity assessment body has submitted an application to the Secretary of State to be notified under Article 22 of Regulation 2016/424/EU, in accordance with Article 29 of Regulation 2016/424/EU.
(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the requirements of Article 26 of Regulation 2016/424/EU.
(5) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other member States, the Secretary of State may—
(a)have regard to any other matter that appears to the Secretary of State to be relevant; and
(b)set conditions that the conformity assessment body must meet including such conditions that are to apply upon or following the restriction, suspension or withdrawal of its status as a notified body.
(6) Subject to paragraph (7), if at any time it appears to the Secretary of State—
(a)that a notified body no longer meets the requirements laid down in Article 26 of Regulation 2016/424/EU; or
(b)that it is failing to meet its obligations,
the Secretary of State may by written notice to that body specify a date on which its status as a notified body will be restricted, suspended or withdrawn, as appropriate depending on the seriousness of the failure to meet those requirements or obligations.
(7) Before the Secretary of State restricts, suspends or withdraws the status of a conformity assessment body as a notified body under paragraph (6) the Secretary of State must—
(a)give notice in writing to the notified body that the Secretary of State intends to take such action;
(b)give the notified body the opportunity to make representations within a period of 14 days beginning with the day on which such notice is given; and
(c)consider any representation made within that period by the notified body before making a decision on whether to take such action.
(8) Where the Secretary of State has taken action in respect of a notified body under paragraph (6), or where a notified body has ceased its activity as a conformity assessment body, the body must—
(a)on the request of the Secretary of State, transfer its files relating to the activities it has undertaken as a notified body to another notified body, to the Secretary of State, or to the Executive;
(b)in the absence of a request under sub-paragraph (a), ensure that its files relating to the activities it has undertaken as a notified body are kept available for the Secretary of State and the Executive for a period of 10 years beginning on the day on which the relevant document was created.
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