The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

Article 8Use of UK marking

1

The UK marking must be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4 and 6.

The UK marking must be affixed only by the manufacturer or the manufacturer's authorised representative.

2

If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4 and 6, the UK marking must not be affixed.

3

By affixing or having affixed the UK marking, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with all applicable requirements laid down in this Regulation and in other enactments providing for its affixing.

4

The rules for affixing the UK marking provided for in other enactments (including in Article 30 of RAMS) apply without prejudice to this Article.

5

A public authority within the meaning of section 6 of the Human Rights Act 1998 M7 may not impose rules or conditions impeding the use of a construction product bearing the UK marking, or the CE marking F11(or CE marking accompanied by the UK(NI) indication) where Article 16A(2)(a) applies, when the declared performances correspond to the requirements for such use in F12Great Britain .

Article 16AObligations on a manufacturer which are met by complying with obligations in the EU Construction Products Regulation

1

Paragraph 2 applies where:

a

a construction product is covered by a standard which:

i

is designated under Article 18B(1)(b); or

ii

becomes a designated standard under Article 18B(2); and

b

before the product is placed on the market, the manufacturer:

i

carries out the assessment and the verification of constancy of performance required by the EU Construction Products Regulation;

ii

complies with Chapter 6 of the EU Construction Products Regulation in relation to the use, if any, of simplified procedures;

iii

draws up a declaration of performance for the product in accordance with Articles 4 and 6 of the EU Construction Products Regulation;

iv

provides the information referred to in Article 6(4) of the EU Construction Products Regulation with the declaration of performance;

v

draws up the technical documentation referred to in Article 11(1) of the EU Construction Products Regulation; and

vi

affixes or has affixed a CE marking in accordance with Articles 8 and 9 of the EU Construction Products Regulation F14or, in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, a CE marking accompanied by the UK(NI) indication in accordance with Articles 8 and 9 of the EU Construction Products Regulation.

2

Where this paragraph applies:

a

the requirements on the manufacturer in the following provisions are to be treated as satisfied:

i

Article 4(1);

ii

Article 6;

iii

Article 8(1);

iv

Article 9;

v

Article 11(1);

vi

Article 28(1);

b

Article 8(3) has effect as if there were substituted:

3

By affixing or having affixed the CE marking F15or CE marking accompanied by the UK(NI) indication, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with all applicable requirements laid down in this Regulation and in other enactments allowing for the affixing of the CE marking F15or CE marking accompanied by the UK(NI) indication in satisfaction of a requirement to affix the UK marking.

c

the following provisions have effect subject to the modifications in paragraph 3:

i

Article 4(2) and (3);

ii

Article 7;

iii

Article 11(2) to (8);

iv

Article 12;

v

Article 15;

d

Chapter 6 and Article 59 do not apply.

3

The modifications are that:

a

any reference to technical documentation is to be read as a reference to the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation;

b

any reference to a declaration of performance is to be read as a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of the EU Construction Products Regulation;

c

any reference to the UK marking is to be read as a reference to the CE marking F16or, as the case may be, CE marking accompanied by the UK(NI) indication.

Article 16BObligations on an importer which are met by complying with obligations in the EU Construction Products Regulation

1

Paragraph 2 applies where:

a

a construction product is covered by a standard which:

i

is designated under Article 18B(1)(b); or

ii

becomes a designated standard under Article 18B(2); and

b

before placing the product on the market, an importer:

i

finds that the product does not bear the UK marking;

ii

ensures that the manufacturer has:

aa

carried out the assessment and the verification of constancy of performance required by the EU Construction Products Regulation;

bb

drawn up the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation;

cc

drawn up the declaration of performance in accordance with Articles 4 and 6 of the EU Construction Products Regulation; and

dd

complied with Article 11(4) and (5) of this Regulation; and

F17iii

ensures that the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication;

iv

ensures that the product is accompanied by the ‘required documents’ referred to in Article 13(2) of the EU Construction Products Regulation.

2

Where this paragraph applies:

a

the requirements on the importer in the first subparagraph of Article 13(2) are to be treated as satisfied;

b

the following provisions of Article 13 have effect subject to the modifications in paragraph 3:

i

the second subparagraph of paragraph 2;

ii

paragraph 5;

iii

paragraphs 7 to 9.

3

The modifications are that:

a

any reference to a declaration of performance is to be read as a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of the EU Construction Products Regulation;

b

any reference to technical documentation is to be read as a reference to the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation.

Article 16CObligations on a distributor which are met by complying with obligations in the EU Construction Products Regulation

1

Paragraph 2 applies where:

a

a construction product is covered by a standard which:

i

is designated under Article 18B(1)(b); or

ii

becomes a designated standard under Article 18B(2); and

b

before making the product available on the market, a distributor:

i

finds that the product does not bear the UK marking; and

ii

ensures that:

F18aa

the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication;

bb

the product is accompanied by the ‘documents required’ referred to in Article 14(2) of the EU Construction Products Regulation and by instructions and safety information in English;

cc

the manufacturer has complied with Article 11(4) and (5) of this Regulation; and

dd

the importer has complied with Article 13(3) of this Regulation.

2

Where this paragraph applies:

a

the requirements on the distributor in the first subparagraph of Article 14(2) are to be treated as satisfied;

b

Article 14 has effect as if any reference to a declaration of performance were a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of the EU Construction Products Regulation.

Article 18AStandardisation mandate

1

A recognised standardisation body may submit a proposal to develop a standard for the purposes of this Regulation to the Secretary of State.

2

The Secretary of State may issue a standardisation mandate to a recognised standardisation body which is, or is not, based on a proposal submitted under paragraph 1.

3

Where the standardisation mandate is based on a proposal submitted under paragraph 1, the mandate must be issued to the body who submitted the proposal.

4

When developing a standard in response to a standardisation mandate, a recognised standardisation body must consult with such persons as it considers appropriate on the content of the standard.

5

A standard must:

a

provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics;

b

when provided for in the relevant standardisation mandate, refer to an intended use of products to be covered by it;

c

where appropriate and without endangering the accuracy, reliability or stability of the results, provide methods less onerous than testing for assessing the performance of the construction products in relation to their essential characteristics;

d

determine the applicable factory production control, which must take into account the specific conditions of the manufacturing process of the construction product concerned;

e

include technical details necessary for the implementation of the system of assessment and verification of constancy of performance.

Article 18BDesignated standards

1

The Secretary of State may designate as a designated standard:

a

a standard which is prepared by a recognised standardisation body and satisfies the requirements of Article 18A(5);

b

a harmonised standard which is adopted by a European standardisation body before, or on or after F19IP completion day, which does not become designated under paragraph 2.

2

Where, immediately before F19IP completion day -

a

a reference to a harmonised standard has been published in the Official Journal of the European Union under this Regulation; and

b

a British standard transposing the harmonised standard has been adopted,

the British standard becomes a designated standard on F19IP completion day; and the Secretary of State must, as soon as reasonably practicable after F19IP completion day, publish a reference to that standard.

The coexistence period for the standard is the period established by the European Commission under Article 17(5) as it had effect immediately before F19IP completion day.

3

Before designating a standard under paragraph 1, the Secretary of State must have regard to whether the standard is consistent with any international standards which the Secretary of State considers to be relevant.

4

The Secretary of State is to designate a standard under paragraph 1 by publishing the reference to the standard and maintaining that publication in such manner as the Secretary of State considers appropriate.

Where the standard is a harmonised standard, the published reference may be the reference to a British standard transposing the harmonised standard.

5

Alongside a reference to a standard designated under paragraph 1, the Secretary of State must publish:

a

the references of any superseded harmonised technical specifications;

b

the date of the beginning of the coexistence period;

c

the date of the end of the coexistence period.

6

The Secretary of State may change the date of the beginning or end of the coexistence period for a designated standard to a later date by publishing the revised date in such manner as the Secretary of State considers appropriate.

7

When considering whether the manner of publication of a reference or a revised date is appropriate, the Secretary of State must have regard to whether the publication will draw the standard or the revised date to the attention of any persons who may have an interest in it.

8

Without prejudice to Articles 36 to 38, from the date of the end of the coexistence period, the designated standard is to be the only means used for drawing up a declaration of performance for a construction product covered by it.

At the end of the coexistence period, any other national standards are to be treated as invalid to the extent that they are inconsistent with the designated standard.

9

Where a designated standard is a harmonised standard:

a

the provisions of the harmonised standard which address the EU Construction Products Regulation are to be treated as the provisions of the designated standard which address this Regulation;

b

any reference in the harmonised standard to a system of assessment and verification of constancy of performance under the EU Construction Products Regulation is to be treated as a reference to the equivalent system under this Regulation.

Article 18CObjection to a designated standard

1

Where the Secretary of State considers that a designated standard is no longer appropriate, the Secretary of State may, after consulting with such persons as the Secretary of State considers appropriate, decide to maintain, maintain with restriction or withdraw the reference to the designated standard.

2

Where the standard was prepared by a recognised standardisation body in response to a standardisation mandate, the Secretary of State must inform the recognised standardisation body of the decision under paragraph 1 and may request the revision of the standard.

Article 22Publication

1

When a responsible TAB adopts a UK Assessment Document, it must send a copy of the document to the Secretary of State.

2

Subject to Article 25(1), the Secretary of State must publish a list of references of the final UK Assessment Documents in such manner as the Secretary of State considers appropriate to bring the documents to the attention of persons who may have interest in them.

The Secretary of State must publish any changes to the list.

Article 25Formal objections against UK Assessment Documents

1

Where the Secretary of State considers that a UK Assessment Document does not satisfy the demands to be met in relation to the basic requirements for construction works set out in Annex 1, the Secretary of State must decide, after consulting the responsible TAB, any other relevant TABs, and such other persons as the Secretary of State considers appropriate, to publish, not to publish, to publish with restriction, to maintain, to maintain with restriction or to withdraw the reference to the UK Assessment Document.

2

The Secretary of State must inform the responsible TAB and any other relevant TABs of the decision under paragraph 1 and may request the revision of the UK Assessment Document concerned.

Article 27Levels or classes of performance

1

The Secretary of State may make regulations, in accordance with Article 60, to establish classes of performance in relation to the essential characteristics of construction products.

2

Where the Secretary of State has established classes of performance in relation to the essential characteristics of construction products, a recognised standardisation body must use those classes in a standard prepared under Article 18A. A responsible TAB must where relevant use those classes in UK Assessment Documents.

Where classes of performance in relation to the essential characteristics of construction products are not established by the Secretary of State, they may be established by a recognised standardisation body in a standard prepared under Article 18A, on the basis of a revised standardisation mandate.

3

When provided for in the relevant standardisation mandate, a recognised standardisation body must establish in a standard prepared under Article 18A threshold levels in relation to essential characteristics and, when appropriate, for intended uses, to be fulfilled by construction products in F20Great Britain.

4

Where a recognised standardisation body has established classes of performance in a designated standard or a European standardisation body has established such classes in a harmonised standard which is a designated standard, a responsible TAB must use those classes in the UK Assessment Documents where they are relevant for the construction product.

When deemed appropriate, a responsible TAB may, with the agreement of the Secretary of State and after consulting such persons as it considers appropriate, establish in the UK Assessment Document classes of performance and threshold levels in relation to the essential characteristics of a construction product within its intended use as foreseen by the manufacturer.

5

The Secretary of State may make regulations, in accordance with Article 60, to establish conditions under which a construction product is to be deemed to satisfy a certain level or class of performance without testing or without further testing.

Where such conditions are not established by the Secretary of State, they may be established by a recognised standardisation body in a standard prepared under Article 18A, on the basis of a revised standardisation mandate.

6

When the Secretary of State has established classification systems in accordance with paragraph 1, any person may determine the levels or classes of performance to be respected by construction products in relation to their essential characteristics only in accordance with those classification systems.

7

A recognised standardisation body and a responsible TAB must respect the regulatory needs of F20Great Britain when determining threshold levels or classes of performance.

Article 29Designation, monitoring and evaluation of TABs

1

A ‘TAB’ is a technical assessment body which:

a

is designated as such by the Secretary of State under paragraph 3; or

b

immediately before F21IP completion day was designated as such a body by the Secretary of State under this Article for one or several product areas.

2

Paragraph 1 is subject to Article 30(3) (withdrawal of designation).

3

The Secretary of State may designate a body established in the United Kingdom as a technical assessment body for one or several of the product areas listed in Table 1 of Annex 4.

4

The Secretary of State must make publicly available by electronic means the list of TABs indicating the product areas for which they are designated.

5

The Secretary of State must make any updates to that list publicly available.

6

The Secretary of State must monitor the activities and competence of the TABs and evaluate them in relation to the respective requirements set out in Table 2 of Annex 4.

Article 31Coordination of TABs

1

The TABs must make such arrangements as they consider appropriate to ensure the coordination of TABs and, if necessary, cooperation and consultation with other stakeholders.

2

If the TABs decide to establish a separate body having legal personality and established in the United Kingdom to facilitate the coordination of TABs, a responsible TAB may delegate its functions under the specified provisions in relation to developing and adopting UK Assessment Documents to that body.

3

The “specified provisions” are—

a

Article 19(1);

b

Article 22(1);

c

Article 23;

d

Article 24;

e

Article 27;

f

sections 2, 4, 5, 7, 8 (excluding the duty to communicate the draft UK Assessment Document to the manufacturer) and 9 of Annex 2.

Article 32Financing

1

The Secretary of State may provide financial assistance to a TAB for the implementation of the tasks referred to in Articles 30(2) and 31.

2

Financial assistance may be provided in such form and on such terms as the Secretary of State considers appropriate.

Article 39AApproved bodies

1

An “approved body” is a body which:

a

is approved by the Secretary of State under Article 48 as a body authorised to carry out third party tasks in the process of assessment and verification of constancy of performance under this Regulation; or

b

immediately before F22IP completion day was a notified body in respect of which the Secretary of State had taken no action under Article 50(1) (as it had effect immediately before F22IP completion day) to suspend or withdraw the body's status as a notified body.

2

Paragraph 1 has effect subject to Article 50(1) (restriction, suspension or withdrawal of approval).

3

Where an approved body was a notified body before F22IP completion day:

a

it is to be treated on or after F22IP completion day as approved in respect of the same activities in relation to a harmonised standard in respect of which it was notified immediately before F22IP completion day where that standard becomes designated under Article 18B(2);

b

any horizontal notification which was in force immediately before F22IP completion day in relation to a case set out in point 3 of Annex 5 to the EU Construction Products Regulation is to be treated on or after F22IP completion day as a horizontal approval under this Regulation.

Article 50Changes to the approval

1

Where the Secretary of State considers that an approved body no longer meets the requirements in Article 43, or that it is failing to fulfil its obligations, the Secretary of State must restrict, suspend or withdraw the approval as appropriate, depending on the seriousness of the failure to meet those requirements or to fulfil those obligations.

2

In the event of withdrawal, restriction or suspension of approval or where the approved body has ceased its activity, the Secretary of State must take the appropriate steps to ensure that the files of that body are either processed by another approved body or kept available for the Secretary of State and other market surveillance authorities at their request.

Article 55Coordination of approved bodies

1

The Secretary of State must establish a group of approved bodies to ensure appropriate coordination and cooperation between approved bodies.

2

Approved bodies must participate in the work of that group, directly or by means of designated representatives, or ensure that their representatives are informed of the work of the group.

Article 59AFormal non-compliance in relation to the EU Construction Products Regulation

1

Without prejudice to Article 56, where a market surveillance authority considers an economic operator is seeking to rely on provisions in Article 16A, 16B or 16C in order to comply with the requirements of this Regulation and makes one of the following findings, it must require the relevant economic operator to put an end to the non-compliance concerned:

F23a

the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication, has not been affixed in accordance with Article 8(2) of the EU Construction Products Regulation;

b

the CE marking, or in the case of a product to which that regulation 4(2)(b) applies, the CE marking accompanied by the UK(NI) indication, has been affixed in breach of Article 8 or 9 of the EU Construction Products Regulation;

c

the declaration of performance has not been drawn up in accordance with Articles 4 and 6 of the EU Construction Products Regulation and Article 7 of this Regulation (as modified by Article 16A);

d

the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation is either not available or not complete.

2

Where the non-compliance referred to in paragraph 1 continues, the market surveillance authority must take all appropriate measures to restrict or prohibit the making available on the market of the construction product or ensure that it is recalled or withdrawn from the market.

Article 59BOther non-compliance in relation to the EU Construction Products Regulation

1

Paragraph 2 applies where an economic operator:

a

relies on provisions in Article 16A, 16B or 16C in order to comply with this Regulation when making a product available on the market; and

b

after the product is made available on the market:

i

the manufacturer is required, or becomes aware that another person is required, under the EU Construction Products Regulation to take corrective measures in relation to products on the market of the EU, or to withdraw or recall products from that market, and, if the United Kingdom had remained a member State, this requirement would have extended to the product in question; or

ii

a certificate in relation to the product is suspended or withdrawn, or restricted to the extent that it is no longer valid for that product, under Article 52(4) or (5) of the EU Construction Products Regulation.

2

Where this paragraph applies:

a

the product referred to in paragraph 1(a) is no longer considered to be compliant with this Regulation;

b

the manufacturer must inform a market surveillance authority and any importer or distributor of the product of the action referred to in paragraph 1(b)(i) or 1(b)(ii) which is required, or has been taken, under the EU Construction Products Regulation;

c

the manufacturer and any importer or distributor of the product must take any action required under Article 11(7), Article 13(7) or Article 14(4) respectively;

d

a market surveillance authority may require the manufacturer or any importer or distributor of the product to take corrective measures to bring the product into conformity with this Regulation or to withdraw or recall it from the market.

Article 60Regulations

1

For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the Secretary of State may by regulations:

a

determine the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer must declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer's product when it is placed on the market;

b

determine the conditions on which a declaration of performance may be electronically processed, in order to make it available on a web site in accordance with Article 7;

c

amend the period for which the manufacturer must keep the technical documentation and the declaration of performance after the construction product has been placed on the market, in accordance with Article 11, based on the expected life or the part played by the construction product in the construction works;

d

amend Annex 2 and adopt supplementary procedural rules in accordance with Article 19(3) in order to ensure compliance with the principles in Article 20, or the application in practice of the procedures set out in Article 21;

e

amend Annex 3, table 1 of Annex 4, and Annex 5 in response to technical progress;

f

establish and adapt classes of performance in response to technical progress in accordance with Article 27(1);

g

determine the conditions on which a construction product is to be deemed to satisfy a certain level or class of performance without testing or without further testing in accordance with Article 27(5), provided that the fulfilment of the basic requirements for construction works is not thereby jeopardised;

h

adapt, establish and revise the system or systems of assessment and verification of constancy of performance, in accordance with Article 28, relating to a given construction product, a given product family or a given essential characteristic, and in accordance with:

i

the importance of the part played by the product or those essential characteristics with respect to the basic requirements for construction works;

ii

the nature of the product;

iii

the effect of the variability of the essential characteristics of the construction product during the expected life of the product; and

iv

the susceptibility to defects in the product's manufacture.

2

Regulations under this Article or Article 26(3) are to be made by statutory instrument.

3

Such regulations may:

a

contain incidental, supplemental, consequential and transitional provision and savings;

b

make different provision for different purposes.

4

A statutory instrument containing regulations made under this Article or Article 26(3) is subject to annulment in pursuance of a resolution of either House of Parliament.

ANNEX 2PROCEDURE FOR ADOPTING A UK ASSESSMENT DOCUMENT

Request for a UK Technical Assessment1

When a manufacturer makes a request for a UK Technical Assessment to any TAB for a construction product, and after the manufacturer and the responsible TAB have signed an agreement of commercial secrecy and confidentiality, unless the manufacturer decides otherwise, the manufacturer must submit to the responsible TAB a technical file describing the product, its use as foreseen by the manufacturer and details of the factory production control the manufacturer intends to apply.

Requirements in relation to relevant TABs2

For construction products referred to in Article 21(1)(c) for which there are other relevant TABs, the responsible TAB must within three weeks of the receipt of the technical file:

a

agree a work programme for the development of the UK Assessment Document with the relevant TABs;

b

establish a working group of the relevant TABs to develop the UK Assessment Document.

A representative from each relevant TAB must participate in the working group established by the responsible TAB.

Contract3

For construction products referred to in Article 21(1)(c), within 1 month from the receipt of the technical file, a contract must be concluded between the manufacturer and the responsible TAB for the production of the UK Technical Assessment, defining the work programme for drawing up the UK Assessment Document, including:

• — the organisation of work between any relevant TABs,

• — if applicable, the composition of the working group referred to in section 2.

Work programme4

After the conclusion of the contract with the manufacturer, the responsible TAB must inform the Secretary of State of the work programme for drawing up the UK Assessment Document and the schedule for its execution and indicate the assessment programme. This communication must take place within 3 months of receipt of the request for a UK Technical Assessment.

The draft UK Assessment Document5

The responsible TAB must finalise a draft UK Assessment Document with the working group referred to in section 2 and must share this draft with the parties concerned within 6 months of the date the Secretary of State was informed of the work programme.

Secretary of State participation6

The Secretary of State may participate, as an observer, in all the parts of the execution of the work programme.

Extension and delay7

Any delay in relation to the time limits set in sections 1 to 5 in this Annex must be reported by the responsible TAB to the Secretary of State.

If an extension of the time limits for developing the UK Assessment Document can be justified, notably by the absence of a Secretary of State decision on the applicable system of assessment and verification of constancy of performance for the construction product or by the need to develop a new test method, the Secretary of State is to set an extended time limit.

Amendments and adoption of a UK Assessment Document8

The responsible TAB must communicate the draft UK Assessment Document to the manufacturer. The manufacturer has F2421 days to provide representations to the responsible TAB. Thereafter, the responsible TAB must:

a

consider any representations from the manufacturer with the working group referred to in section 2 and agree any changes to the draft UK Assessment Document with that group;

b

if applicable, inform the manufacturer as to how the manufacturer's reactions have been taken into account;

c

adopt the draft UK Assessment Document; and

d

send a copy to the Secretary of State.

If, within F2421 days of receipt, the Secretary of State provides observations to the responsible TAB on the draft UK Assessment Document, the responsible TAB, after it and any relevant TABs have been given the opportunity to comment, must amend the draft accordingly and must send a copy of the adopted UK Assessment Document to the manufacturer and to the Secretary of State.

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final UK Assessment Document to be published9

As soon as the first UK Technical Assessment is issued by the responsible TAB on the basis of the adopted UK Assessment Document, the responsible TAB must adjust the UK Assessment Document, if appropriate, based on experiences gained and with the agreement of any relevant TABs.

The responsible TAB must adopt the final UK Assessment Document and must send a copy of it to the Secretary of State for publication of its reference.

As soon as the UK mark is affixed to the product, the responsible TAB must inform any relevant TABs and all the relevant TABs (including the responsible TAB) must keep the UK Assessment Document publicly available by electronic means.

Use of final UK Assessment Document10

Once the reference to the final UK Assessment Document is published by the Secretary of State under Article 22, it may be used by any relevant TAB for the purpose of issuing UK Technical Assessments.