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10(1)For the purposes of this Schedule, “safety-critical products” means construction products which are included in a list contained in construction products regulations.
(2)A construction product may only be included in a list under sub-paragraph (1) if—
(a)in the view of the Secretary of State any failure of the product would risk causing death or serious injury to any person, and
(b)the product is not one for which there are—
(i)designated standards under paragraph 3(a), or
(ii)standards which are designated standards for the purposes of the 2011 Regulation.
(3)Before including a construction product in the list, or amending the list, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
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