PART 5F1NOTIFICATION OF CONFORMITY ASSESSMENT BODIESF1APPROVAL OF CONFORMITY ASSESSMENT BODIES
F1Subsidiaries and contractorsE152
1
An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—
a
the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;
b
the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and
c
the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.
2
The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).
3
Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—
a
the assessment of the qualifications of the subcontractor or the subsidiary; and
b
the conformity assessment activity carried out by the subcontractor or subsidiary.
4
In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006 F2.
MonitoringE252
1
The Secretary of State must monitor each notified body with a view to verifying that the notified body—
a
continues to meet the notified body requirements;
b
meets any conditions set in accordance with regulation 49(6)(b) ; and
c
carries out its functions in accordance with these Regulations.
2
The Secretary of State must inform the Commission of the United Kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures.
Pt. 5 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 32 (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/852, reg. 4(2), Sch. 1 paras. 1(o)(v), (vi)); 2020 c. 1, Sch. 5 para. 1(1)