CHAPTER I

GENERAL PROVISIONS

Designated Standards
Article 3A
1
For the purposes of this Regulation, a designated standard is a technical standard—
a
which is adopted by the British Standards Institution
or an international standardising body
for repeated or continuous application; and
b
which has been designated by the Secretary of State by publishing its reference number in a manner the Secretary of State considers appropriate.
2
In this Article, a “
technical standard
” means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component and which lays down one or more of the following—
a
the characteristics required including—
i
levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and
ii
requirements applicable as regards the name under which a product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;
b
production methods and processes where these have an effect on the characteristics of a product.
2A
Before publishing the reference number of a technical standard adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical standard is consistent with any standards adopted by international standardising bodies which the Secretary of State considers to be relevant.
3
When considering whether the manner of publication of the reference number of a technical standard under paragraph 1(b) is appropriate, the Secretary of State must have regard to whether that manner will draw sufficient attention to the standard to all persons who may have an interest in it.
4
The Secretary of State may remove the reference number of a technical standard from publication and where such a reference number is removed, the technical standard is no longer a designated standard.
5
Harmonised standards, within the meaning of Article 3(19) of the EU Regulation, have effect as designated standards until the Secretary of State designates standards under this Regulation.
6
In this Article “
international standardising body
” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).
Art. 3A inserted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)
Art. 3A(2A) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 22(b); S.I. 2020/1662, reg. 2(ee)
Art. 3A(6) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 22(c); S.I. 2020/1662, reg. 2(ee)
Words in Art. 3A(1)(a) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 22(a); S.I. 2020/1662, reg. 2(ee)