The Recreational Craft Regulations 2017

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Scope

    4. 4.Exclusions

    5. 5.Exhibition at trade fairs

  3. PART 2 PLACING PRODUCTS ON THE MARKET

    1. 6.Essential requirements

    2. 7.Making available and putting into service

    3. MANUFACTURERS

      1. 8.Duty to ensure products comply with the essential requirements

      2. 9.Technical documentation and conformity assessment

      3. 10.EU declaration of conformity and CE marking

      4. 11.Duty of manufacturers to retain technical documentation and EU declaration of conformity

      5. 12.Compliance procedures for series production

      6. 13.Duty of manufacturers to ensure products are labelled

      7. 14.Duty to provide information

      8. 15.Instructions and safety information

      9. 16.Duty to take action in respect of product placed on the market which is considered not to be in conformity

      10. 17.Provision of information and co-operation

    4. IMPORTERS

      1. 18.Prohibition on placing products on the market

      2. 19.Requirements that must be satisfied before an importer places a product on the market

      3. 20.Duty not to place a product on the market where an importer suspects that it is not in conformity

      4. 21.Duty of importer to ensure products are labelled

      5. 22.Instructions and safety information

      6. 23.Storage and transport

      7. 24.Duty to take action in respect of product placed on the market which is considered not to be in conformity

      8. 25.Duty of importers to retain technical documentation and EU declaration of conformity

      9. 26.Provision of information and co-operation

    5. DISTRIBUTORS

      1. 27.Duty to act with due care

      2. 28.Making available on the market

      3. 29.Duty not to place a product on the market where a distributor suspects that it is not in conformity

      4. 30.Storage and transport

      5. 31.Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity

      6. 32.Provision of information and co-operation

    6. IMPORTERS AND DISTRIBUTORS

      1. 33.Cases in which the obligations of manufacturers apply to importers and distributors

    7. MANUFACTURERS AND IMPORTERS

      1. 34.Monitoring

      2. 35.Translation of EU declaration of conformity

    8. PRIVATE IMPORTERS AND ECONOMIC OPERATORS

      1. 36.Private importers

      2. 37.Identification of economic operators

      3. 38.Obligations on private importers to identify economic operators

    9. AUTHORISED REPRESENTATIVES

      1. 39.Authorised representatives

    10. MISCELLANEOUS

      1. 40.Prohibition on improper use of CE marking

  4. PART 3 CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES

    1. 41.Presumption of conformity

    2. 42.Applicable conformity assessment procedures

    3. 43.Duty to carry out the post construction assessment

    4. 44.Design and construction

    5. 45.Exhaust emissions

    6. 46.Noise emissions: recreational craft

    7. 47.Noise emissions: personal watercraft

    8. 48.Requirements of the post-construction assessment

    9. SUPPLEMENTARY REQUIREMENTS FOR CERTAIN CONFORMITY ASSESSMENTS

      1. 49.Conformity assessments carried out under Module B (EU-type examination)

      2. 50.Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)

      3. 51.Conformity assessments carried out under Module F (conformity to type based on product verification)

      4. 52.Conformity assessments carried out under Module C (conformity to type based on internal production control)

      5. 53.EU declaration of conformity

      6. 54.CE marking

  5. PART 4 NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

    1. 55.Notified bodies

    2. 56.Notification

    3. 57.Contents of notification

    4. 58.Presumption of conformity of notified bodies

    5. 59.Monitoring of notified bodies

    6. 60.Authorisation of the United Kingdom Accreditation Service

    7. 61.Changes to notifications

    8. 62.Operational requirements of notified bodies

    9. 63.Subsidiaries and contractors

    10. 64.Appeal against a change to a notification

  6. PART 5 MARKET SURVEILLANCE AND ENFORCEMENT

    1. 65.Designation of market surveillance authorities

    2. 66.Enforcement

    3. 67.Enforcement powers

    4. 68.Evaluation of a product presenting a risk

    5. 69.Enforcement action in respect of products that are not in conformity and which present a risk

    6. 70.EU Safeguard procedure

    7. 71.Enforcement action in respect of formal non-compliance

    8. 72.Restrictive measures

    9. 73.Offences

    10. 74.Penalties

    11. 75.Defence of due diligence

    12. 76.Liability of persons other than the principal offender

    13. 77.Service of documents

    14. 78.Recovery of expenses of enforcement

    15. 79.Action by enforcing authority

    16. 80.Appeals against notices

    17. 81.Appropriate court for appeals against notices

    18. 82.Time limit for commencement of proceedings

    19. 83.Compensation

  7. PART 6 MISCELLANEOUS

    1. 84.Amendment to the Consumer Rights Act 2015

    2. 85.Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

    3. 86.Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

    4. 87.Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

    5. 88.Review

    6. 89.Transitional provisions

    7. 90.Revocations and savings

  8. Signature

    1. SCHEDULE 1

      (Annex I of the Directive)

    2. SCHEDULE 2

      (Annex II of the Directive)

    3. SCHEDULE 3

      (Annex III of the Directive)

    4. SCHEDULE 4

      (Annex IV of the Directive)

    5. SCHEDULE 5

      (Annex V of the Directive)

    6. SCHEDULE 6

      (Annex VI of the Directive)

    7. SCHEDULE 7

      (Annex VII of the Directive)

    8. SCHEDULE 8

      (Annex VIII of the Directive)

    9. SCHEDULE 9

      (Annex IX of the Directive)

    10. SCHEDULE 10

      EU-type examination

      1. 1.For the purposes of regulation 49, the conformity assessment carried...

      2. 2.The conformity assessment must include an assessment of the adequacy...

      3. 3.The conformity assessment must include an assessment of the adequacy...

      4. 4.The technical documentation must include a general description of the...

    11. SCHEDULE 11

      Requirements of notified bodies

      1. 1.A conformity assessment body must be established in the United...

      2. 2.A conformity assessment body must be a third-party body independent...

      3. 3.A body belonging to a business association or professional federation...

      4. 4.A conformity assessment body, its top level management and the...

      5. 5.Nothing in paragraph 4 of this Schedule will preclude the...

      6. 6.A conformity assessment body, its top level management and the...

      7. 7.A conformity assessment body must not engage in any activity,...

      8. 8.Conformity assessment bodies must ensure that the activities of their...

      9. 9.Conformity assessment bodies and their personnel must carry out the...

      10. 10.A conformity assessment body must be capable of carrying out...

      11. 11.At all times and for each conformity assessment procedure and...

      12. 12.The personnel responsible for carrying out the conformity assessment activities...

    12. SCHEDULE 12

      Operational requirements of notified bodies

      1. 1.Notified bodies must carry out conformity assessments in accordance with...

      2. 2.Conformity assessments must be carried out in a proportionate manner,...

      3. 3.Conformity assessment bodies must respect the degree of rigour and...

      4. 4.Where a notified body finds that the requirements of regulation...

      5. 5.Where, in the course of the monitoring of the conformity...

      6. 6.Where corrective measures are not taken or do not have...

      7. 7.(1) A notified body must inform the Secretary of State...

      8. 8.A notified body must make provision in its contracts with...

      9. 9.A notified body must provide other bodies notified under these...

      10. 10.A notified body must participate in the work of any...

    13. SCHEDULE 13

      Enforcement and investigatory powers conferred on the market surveillance authority

      1. 1.Enforcement powers under the 1987 Act

      2. 2.Modifications to the 1987 Act

    14. SCHEDULE 14

      Compliance notices, withdrawal notices and recall notices

      1. 1.Compliance notice

      2. 2.A compliance notice must— (a) require the relevant economic operator...

      3. 3.A compliance notice may include directions as to the measures...

      4. 4.Subject to paragraph 5, an enforcing authority may revoke or...

      5. 5.An enforcing authority may not vary a compliance notice so...

      6. 6.Withdrawal notice

      7. 7.A withdrawal notice must prohibit the relevant economic operator from...

      8. 8.A withdrawal notice may require the relevant economic operator to...

      9. 9.A withdrawal notice may require the relevant economic operator to...

      10. 10.A consent given by the enforcing authority pursuant to a...

      11. 11.Subject to paragraph 7, an enforcing authority may revoke or...

      12. 12.An enforcing authority may not vary a withdrawal notice so...

      13. 13.Recall notice

      14. 14.A recall notice must require the relevant economic operator to...

      15. 15.A recall notice may— (a) require the recall to be...

      16. 16.In determining what requirements to include in a recall notice,...

      17. 17.A recall notice may only be issued by the market...

      18. 18.A relevant economic operator which has received notice from the...

      19. 19.Sub-paragraphs 17(b), (c) and (d) do not apply in the...

      20. 20.Where a relevant economic operator requires the enforcing authority to...

      21. 21.In this Schedule, “Institute” means the charitable organisation with registered...

      22. 22.A recall notice served by the market surveillance authority may...

      23. 23.Subject to paragraph 24, a market surveillance authority may revoke...

      24. 24.A market surveillance authority may not vary a recall notice...

      25. 25.Interpretation

  10. Explanatory Note