CHAPTER V

APPROVAL OF CONFORMITY ASSESSMENT BODIES

Restriction, suspension or withdrawal of approval
Article 30
1
Where the Secretary of State determines that an approved body—
a
no longer meets an approved body requirement, or
b
is failing to fulfil its obligations under these Regulations, other than a condition referred to in Article 21(6)(b),
the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under Article 21.
2
Where the Secretary of State determines that an approved body no longer meets a condition referred to in Article 21(6)(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under Article 21.
3.
In deciding what action to take under paragraph 1 or 2, the Secretary of State must have regard to the seriousness of the non-compliance.
4.
Before taking action under paragraph 1 or 2, the Secretary of State must—
a
give notice in writing to the approved body of the proposed action and the reasons for it;
b
give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and
c
consider any such representations made by the approved body.
5.
Where the Secretary of State has taken action in respect of an approved body under paragraph 1 or 2, or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State—
a
transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or
b
keep its files relating to the activities it has undertaken as an approved body available for inspection by the Secretary of State and market surveillance authority for a period of 10 years from the date they were created.
6.
The activities undertaken as an approved body referred to in paragraph 5 include any activities that the body has undertaken as a notified body.
Word in Ch. 5 heading substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(18); 2020 c. 1, Sch. 5 para. 1(1)
Art. 30 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(28); 2020 c. 1, Sch. 5 para. 1(1)