The Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990

Procedure for review

8.—(1) An application for review shall be made in writing to the Secretary of State and shall state the grounds on which it is made and shall be accompanied by —

(a) copies of the documents which the applicant provided to the certification body in connection with the application; and

(b) a copy of the notice of the decision referred to in regulation 6(1), or as the case may be, in regulation 6(3).

(2) On an application for review the Secretary of State may —

(a) hold an enquiry in connection therewith; and

(b) appoint one or more assessors for the purpose of assisting with the review or any such enquiry.

(3) The Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an application for review under this regulation shall be heard, but not determined, on his behalf by a person appointed by him for that purpose.

(4) Where an application for review is to be heard by a person appointed in pursuance of paragraph (3), he shall hold an enquiry in connection therewith, and at the conclusion of the enquiry he shall prepare his report comprising a summary of the evidence given or submitted at the enquiry together with his findings of fact and include therein his recommendations if any or his reason for not making any recommendation. He shall then send his report (together with all the documents and papers that he took into consideration in preparing his report) to the Secretary of State. After considering the report, all the relevant documents and papers, the Secretary of State shall determine the review.

(5) On an application for review the Secretary of State shall have the power to do anything which a certification body is authorised or required to do under these Regulations. He shall, if he determines to find in favour of the manufacturer, grant the application, and shall require the certification body to issue the appropriate certificate subject to such conditions as the Secretary of State may stipulate and upon being so required the certification body shall issue the certificate forthwith.

(6) A copy of the determination (and, where appropriate, of the report) shall be sent to each of the parties to the review.

(7) The Secretary of State may pay to any person appointed to hear an application for review under this regulation on his behalf such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.