PART 3CONFORMITY OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS
CHAPTER 1ESTABLISHING COMPLIANCE WITH THE ESSENTIAL REQUIREMENTS
Subsidiaries and contractors37
1
This regulation applies where—
a
a notified body subcontracts specific conformity assessment activities, or
b
has such activities carried out by a subsidiary.
2
The activities are only to be treated as having been carried out by a notified body for the purposes of regulation 36 (conformity assessment procedures) where the conditions in paragraphs (3) and (4) are met.
3
The notified body must—
a
ensure that the subcontractor or subsidiary meets the notified body requirements; and
b
inform the Secretary of State accordingly.
4
The notified body must have obtained the agreement of the client to the use of a subcontractor or subsidiary.
5
Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the notified body must for a period of at least 10 years beginning on the day after the activities are carried out, keep at the disposal of the Secretary of State the documentation concerning—
a
the assessment of the qualifications of the subcontractor or the subsidiary; and
b
the conformity assessment activities carried out by the subcontractor or subsidiary.
6
When monitoring a notified body in accordance with regulation 52 (monitoring), the Secretary of State must treat the notified body as responsible for the tasks performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.