Variation and termination of designation
10.—(1) GEMA (in relation to designations made by it) or NIAER (in relation to designations made by it) may vary a designation made under regulation 7 if—
(a)the United Kingdom notified body so requests; or
(b)it appears to GEMA (or, as the case may be, NIAER) necessary or expedient to do so.
(2) GEMA (in relation to designations made by it) or NIAER (in relation to designations made by it) may terminate a designation made under regulation 7—
(a)on the expiry of 90 days' notice in writing at the request of the United Kingdom notified body;
(b)if it appears to GEMA (or, as the case may be, NIAER) that any condition of the designation is not complied with; or
(c)if in the opinion of GEMA (or, as the case may be, NIAER) the United Kingdom notified body ceases to satisfy the notified body criteria.
(3) Where GEMA (or, as the case may be, NIAER) is minded to—
(a)vary a designation pursuant to paragraph (1)(b); or
(b)terminate a designation pursuant to paragraph (2)(b) or (c),
it shall—
(i)give notice in writing to the United Kingdom notified body of its reasons; and
(ii)give that notified body the opportunity to make representations within a period of 21 days from the date of that notice and consider any representations made to it within that period.
(4) If a designation is terminated under paragraph (2), GEMA (or, as the case may be, NIAER) may—
(a)give such directions (either to the United Kingdom notified body the subject of the termination or to another United Kingdom notified body) for the purposes of making arrangements for the determination of outstanding applications as it considers appropriate; and
(b)notwithstanding sub-paragraph (a), authorise another United Kingdom notified body to take over the functions of the United Kingdom notified body the subject of the termination in respect of such cases as GEMA (or, as the case may be, NIAER) may specify.