http://www.legislation.gov.uk/uksi/2017/737The Recreational Craft Regulations 2017enCONSUMER PROTECTIONStatute Law Database2024-11-13Expert Participation2024-10-01 These Regulations transpose Directive 2013/53/EU of the European Parliament and of the Council of 20th November 2013 on recreational watercraft and personal watercraft (OJ No L 354, 28.12.2013 p.90) (“the Directive”).The Directive repeals and replaces Directive 1994/25/EC as amended by Directive 2003/44/EC which was implemented in the United Kingdom by the Recreational Craft Regulations 1996 (S.I. 1996/1353) (as amended by S.I. 1998/116). These Regulations revoke and replace S.I. 1996/1353. The Recreational Craft Regulations 2017reg. 2(1)The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019Sch. 28 para. 2(2)(d)Sch. 28 para. 41reg. 1The Recreational Craft Regulations 2017reg. 2(1)The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019Sch. 28 para. 2(2)(o)Sch. 28 para. 41reg. 1The Recreational Craft Regulations 2017reg. 2(1)The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019Sch. 28 para. 2(2)(r)Sch. 28 para. 41reg. 1The Recreational Craft Regulations 2017reg. 2(1)The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019Sch. 28 para. 2(2)(t)Sch. 28 para. 41reg. 1The Recreational Craft Regulations 2017reg. 4(1)(g)The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019Sch. 28 para. 4Sch. 28 para. 41reg. 1The Recreational Craft Regulations 2017reg. 54The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019Sch. 28 para. 35(b)Sch. 28 para. 41reg. 1The Recreational Craft Regulations 2017reg. 2(1)The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020reg. 4(2) Sch. 1 para. 1(q)(i)reg. 2(2)The Recreational Craft Regulations 2017Sch. 11 para. 1(1)The Treatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) Regulations 2026reg. 10(a)reg. 1(2)The Recreational Craft Regulations 2017Sch. 11 para. 1(1)(c) and wordThe Treatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) Regulations 2026reg. 10(b)reg. 1(2) 2017 No. 737 Consumer Protection The Recreational Craft Regulations 2017 Made 11th July 2017 Laid before Parliament 12th July 2017 Coming into force 3rd August 2017

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in respect of measures relating to craft intended for recreational purposes.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

 The Secretary of State, in exercise of the powers conferred by section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 1972, makes the following Regulations. PART 1GENERALCitation and commencement1These Regulations may be cited as the Recreational Craft Regulations 2017 and come into force on 3rd August 2017 (“the commencement date”).Interpretation21In these Regulations—“the 1987 Act” means the Consumer Protection Act 1987;......“adaptor” means a person who adapts an engine for use in watercraft;“approved body” has the meaning given to it in regulation 55 (approved bodies);“authorised representative” means a person appointed in accordance with regulation 39;...“Commission” means the Commission of the European Union;...“components” means the components of watercraft listed in Schedule 2 when placed on the ... market separately and when intended for installation in watercraft;“conformity assessment” means the process demonstrating whether the essential requirements relating to a product have been fulfilled;“conformity assessment body” means a body that performs conformity assessment activities including calibration, testing, certification and inspection;“declaration of conformity” means the declaration required to be drawn up in accordance with regulation 10;“designated standard” has the meaning given to it in regulation 2A;...the “Directive” means Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft repealing Directive 94/25/EC ...;“distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972;“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;“enforcing authority” means any person enforcing these Regulations under regulation 66;“engine family” means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;“essential requirements” means the requirements set out in regulation 6;......“hull length” means the length of the hull measured in accordance with the designated standard; “importer” means a person who—is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;“major craft conversion” means a conversion of a watercraft which—changes the means of propulsion of the watercraft;involves a major engine modification; oralters the watercraft to such an extent that it may not meet the applicable essential requirements;“major engine modification” means the modification of a propulsion engine which—could potentially cause the engine to exceed the emissions limits set out in Part B of Schedule 1; orincreases the rated power of the engine by more than 15%;“making available on the market” means any supply for distribution, consumption or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly;“manufacturer” means a person who—manufactures a product or has such a product designed or manufactured; andmarkets that product under that person’s name or trademark;“market surveillance authority” has the meaning set out in regulation 65 (designation of market surveillance authorities);“means of propulsion” means the method by which the watercraft is propelled;......“personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;“placing on the market” means the first making available of a product on the market of Great Britain, and related expressions are to be construed accordingly;“private importer” means a person who—is established in the United Kingdom; andimports in the course of a non-commercial activity a watercraft from a country outside of the United Kingdom into the United Kingdom with the intention of putting it into service for the person's own use;“product” means a product to which these Regulations apply, in accordance with regulation 3;“propulsion engine” means any spark or compression ignition internal combustion engine used directly or indirectly for propulsion purposes;“putting into service” means the first use of a product in the market of Great Britain by its end-user and related expressions are to be construed accordingly;“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93;“recall” means any measure aimed at achieving the return of a watercraft that has already been made available to the end-user and related expressions must be construed accordingly;“recreational craft” means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres, regardless of the means of propulsion;“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 42 (applicable conformity assessment procedures);“small or medium-sized enterprise” has the same meaning as in Commission Recommendation 2003/361/EC;“technical documentation” has the meaning given in regulation 9 (technical documentation and conformity assessment);“technical specification” means a document that prescribes technical requirements to be fulfilled by a product;“UK marking” means the marking in the form set out in Annex 2 of RAMS;“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;“watercraft” means any recreational craft or personal watercraft;“watercraft built for own use” means any watercraft predominantly built by its future user for that user’s own use; and“withdrawal” means any measure aimed at preventing a watercraft in the supply chain from being made available on the market and related expressions must be construed accordingly.2In these Regulations, a reference to a product being “in conformity with Part 2” means that—athe product is in conformity with the essential requirements;beach economic operator has complied with the obligations imposed on them by Part 2 of these Regulations which must be satisfied at or before the time at which the product is made available on the market.3In these Regulations, except regulation 34 (monitoring) and Schedule 1, “risk” means a risk to—ahuman health;bthe safety of consumers; orcthe environment.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-8059e065850ca2a6979e59c8cc6c98a0-1706531591000" CommentaryRef="key-8059e065850ca2a6979e59c8cc6c98a0">Designated standard</Addition>2A1Subject to paragraphs (6) and (7), in these Regulations, a “designated standard” means a technical specification which is—aadopted by a recognised standardisation body or an international standardising body, for repeated or continuous application, with which compliance is not compulsory; andbdesignated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.2For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—athe characteristics required of a product, including—ilevels of quality, performance, interoperability, environmental protection, health, safety or dimensions, andiithe requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; andbproduction methods and processes relating to the product, where these have an effect on the characteristics of the product.3For the purposes of this regulation, a “recognised standardisation body” means any one of the following organisations—athe European Committee for Standardisation (CEN);bthe European Committee for Electrotechnical Standardisation (Cenelec);cthe European Telecommunications Standards Institute (ETSI);dthe British Standards Institution (BSI).3AIn this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).4When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.5Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant..6The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).7Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.8The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.9Regulations made under paragraph (8) are to be made by statutory instrument.10A statutory instrument containing regulations made under paragraph (8) is subject to annulment in pursuance of a resolution of either House of Parliament.Scope31Subject to regulation 4 (exclusions) these Regulations apply to the following products—arecreational craft and partly completed recreational craft;bpersonal watercraft and partly completed personal watercraft;ccomponents;dpropulsion engines which are installed or specifically intended for installation on or in watercraft;epropulsion engines installed on or in watercraft that are subject to a major engine modification;fwatercraft that have been subject to major craft conversion.2A watercraft that can also be used for charter or for sports and leisure training is covered by these Regulations when it is placed on the market for recreational purposes.Exclusions41The design and construction requirements set out in Part A of Schedule 1 do not apply to the following watercraft—awatercraft intended solely for racing, including rowing racing boats and training boats, labelled as such by the manufacturer;bcanoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;csurfboards designed to be propelled by wind and to be operated by a person or persons standing;dother surfboards;eoriginal historical watercraft and individual replicas thereof designed before 1950 built predominantly with the original materials and labelled as such by the manufacturer;fexperimental watercraft, unless they are placed on the market;gwatercraft built for own use, provided that such watercraft are not subsequently placed on the EU market for a period of five years beginning with the date on which the watercraft was put into service;hwatercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2), regardless of the number of passengers;isubmersibles;jair cushion vehicles;khydrofoils;lexternal combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;mamphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land.2The exhaust emission requirements set out in Part B of Schedule 1 do not apply to the following—apropulsion engines installed or specifically intended for installation in the following products—iwatercraft intended solely for racing and labelled as such by the manufacturer;iiexperimental watercraft, unless they are placed on the market;iiiwatercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2) regardless of the number of passengers;ivsubmersibles;vair cushion vehicles;vihydrofoils;viiamphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate on water and on solid land;boriginal historical propulsion engines and individual replicas thereof, which are based on a pre-1950 design, not produced in series and fitted on watercraft referred to in paragraph 4(1)(e) or paragraph 4(1)(h) above;cpropulsion engines built for own use provided that such engines are not subsequently placed on the market for a period of five years beginning with the date on which the watercraft was put into service.3The noise emission requirements referred to in Part C of Schedule 1 do not apply to—aany watercraft referred to in paragraph (2); andbwatercraft built for own use, provided that they are not placed on the market for a period of five years beginning with the date on which the watercraft was put into service.Exhibition at trade fairs5Nothing in these Regulations prevents the showing of a watercraft which does not comply with Part 2 of these Regulations at a trade fair, exhibition or demonstration, provided that a visible sign clearly indicates —athat the product is not in conformity with Part 2 of these Regulations; andbthat the product will not be made available on the market or be put into service until it has been brought into conformity.PART 2PLACING PRODUCTS ON THE MARKETEssential requirements6A person may only make a product available on the market or put it into service if that product—acomplies with the requirements in Schedule 1; andbdoes not endanger the health and safety of persons, property or the environment when correctly maintained and used in accordance with its intended purpose.Making available and putting into service71Nothing in these Regulations prevents a person making available in the United Kingdom or putting into service in the United Kingdom—aany watercraft in conformity with Part 2;bany component which is in conformity with Part 2 and which is intended to be incorporated into any watercraft in accordance with the declaration completed by a manufacturer or importer in accordance with Schedule 3;cany of the following propulsion engines—iengines, whether or not installed in watercraft, that are in conformity with Part 2;ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iiiengines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC complying with these Regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule 1.2Where an engine is adapted for installation in a watercraft, a person who so adapts that engine must—amake a declaration, in accordance with Schedule 3, that the adapted engine will continue to meet the emission requirements of ... Regulation 595/2009, when installed in accordance with the installation instructions the adaptor has provided; andbtake full account of the data and other information available from the manufacturer, so that, when the adapted engine is installed in accordance with the installation instructions the adaptor provides, the adapted engine continues to meet the exhaust emission requirements in ... the Regulation referred to in paragraph (a), whichever is referred to in the declaration submitted in accordance with Schedule 3.3Nothing in these Regulations prevents the making available in the United Kingdom of any partly completed watercraft where the manufacturer or the importer has declared, in accordance with Schedule 3, that the craft complies with the essential requirements at this stage in its construction and that the craft will be completed by others in full compliance with these Regulations.MANUFACTURERSDuty to ensure products comply with the essential requirements8Before placing a product on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements.Technical documentation and conformity assessment9Before placing a product on the market a manufacturer must—ahave a relevant conformity assessment procedure carried out; andbdraw up—ithe technical documentation referred to in Schedule 9; andiiany other technical documentation required as part of the relevant conformity assessment procedure to demonstrate the means used by the manufacturer to ensure that the product complies with the essential requirements.<Substitution ChangeId="key-4bfe0fbdf5d7e086761ed8359e343426-1706537144000" CommentaryRef="key-4bfe0fbdf5d7e086761ed8359e343426">Declaration of conformity and UK marking</Substitution>101Where the conformity of a product with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the product on the market—adraw up a declaration of conformity in accordance with regulation 53; andbaffix the UK marking in accordance with regulation 54.2The declaration of conformity must follow the format set out in Schedule 4.3But where a declaration of conformity relates to a partly-completed watercraft, the declaration must follow the format set out in Schedule 3.4The manufacturer must keep the declaration of conformity up to date.5Where a product is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.Duty of manufacturers to retain technical documentation and <Repeal ChangeId="key-c50424a22e5aab41cfd0a65346659f4b-1706538270436" CommentaryRef="key-c50424a22e5aab41cfd0a65346659f4b" RetainText="true" Extent="E+W+S">EU</Repeal> declaration of conformity11A manufacturer must keep the technical documentation and the EU declaration of conformity drawn up in respect of a product for a period of 10 years beginning with the day on which the product is placed on the market.Compliance procedures for series production121The manufacturer of a product which is manufactured by series production must ensure that, before placing the product on the market, procedures are in place to ensure that any product so manufactured will be in conformity with the manufacturer’s obligations under Part 2.2In doing so, the manufacturer must take adequate account of—aany changes in the design or characteristics of a product; andbany changes in the designated standard or in another technical specification by reference to which the ... declaration of conformity of the product was drawn up.Duty of manufacturers to ensure products are labelled131Before placing a product on the market, a manufacturer must indicate on the product—aa type, batch or serial number; orbanother element which identifies the manufacturer as the manufacturer of the product;2Where, in the case of a component, it is not possible to indicate the information on the component because of the size or nature of the component, the manufacturer must provide the information specified in paragraph (1)—aon the packaging; orbin a document accompanying the component.Duty to provide information141Before placing a product on the market, a manufacturer must ensure that the product is labelled with—athe manufacturer’s name;btheir registered trade name or registered trade mark; andcan address, which is the single point at which they can be contacted.2Where it is not possible to provide the information referred to in paragraph (1) on the product, the manufacturer must ensure that the information is provided—aon the packaging; orbin a document accompanying the product.Instructions and safety information151When placing a product on the market, a manufacturer must ensure that it is accompanied by instructions and safety information in English.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duty to take action in respect of product placed on the market which is considered not to be in conformity161A manufacturer who considers or has reason to believe that a product that it has placed on the market is not in conformity Part 2, must immediately take the corrective measures necessary to—abring the product into conformity;bwithdraw the product from the market; orcrecall it.2Where the product presents a risk, the manufacturer must immediately inform the market surveillance authority ... of the risk, giving details of—athe reason why the product is not considered to be in conformity; andbany corrective measures taken.Provision of information and co-operation171A manufacturer must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.2The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.3The manufacturer must, at the request of the enforcing authority, co-operate with the authority on any action taken to eliminate the risks posed by a product that the manufacturer has placed on the market.IMPORTERSProhibition on placing products on the market18An importer must not place a product on the market unless it complies with the essential requirements.Requirements that must be satisfied before an importer places a product on the market191Before placing a product on the market an importer must ensure that—aa relevant conformity assessment procedure has been carried out by the manufacturer;bthe manufacturer has drawn up the technical documentation;cthe product—ibears the UK marking; andiiis accompanied by the required documents; and;dthe manufacturer has complied with the requirements of regulations 13 (duty of manufacturers to ensure products are labelled) and 14 (duty to provide information).2In paragraph (1)(c)(ii) “required documents” means—athe ... declaration of conformity; andbthe owner’s manual referred to in Schedule 1.Duty not to place a product on the market where an importer suspects that it is not in conformity201Where an importer believes or has reason to believe that a product is not in conformity with the essential requirements, the importer must not place the product on the market.2Where a product presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.Duty of importer to ensure products are labelled211Before placing a product on the market, an importer must indicate on the product—athe importer’s name, registered trade name or registered trade mark; andbthe address at which they can be contacted.2Paragraph (1) does not apply where—aeither—iin the case of a component, it is not possible to indicate the information specified in paragraph (1) on the component, oriithe importer has imported the product from an EEA state and places it on the market within the period of seven years beginning with IP completion day, andbbefore placing the product on the market, the importer indicates the information specified in paragraph (1)—iin the case of component, in a document accompanying the product or on the packaging; oriiin all other cases, in a document accompanying the product.Instructions and safety information221When placing a product on the market, an importer must ensure that it is accompanied by instructions and safety information in English.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Storage and transport23An importer must ensure that, while a product is the importer’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential requirements.Duty to take action in respect of product placed on the market which is considered not to be in conformity241An importer who considers or has reason to believe that a product which the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—abring the product into conformity;bto withdraw the product from the market; orcrecall it, if appropriate.2Where the product presents a risk, the importer must immediately inform the market surveillance authority ... of the risk, giving details of—athe reason or reasons why the product is not considered to be in conformity with Part 2; andbany corrective measures taken.Duty of importers to retain technical documentation and <Repeal ChangeId="key-33f514e8fce267b04217681a26f55c55-1706540657837" CommentaryRef="key-33f514e8fce267b04217681a26f55c55" RetainText="true" Extent="E+W+S">EU</Repeal> declaration of conformity25An importer must, for the period of 10 years beginning on the day on which the product is placed on the market—akeep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities; andbensure that the technical documentation relating to that product can be made available to the market surveillance authorities upon request.Provision of information and co-operation261An importer must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.2The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.3The importer must, at the request of the enforcing authority, co-operate with that authority on any action taken to eliminate the risks posed by a product that the importer has placed on the market.DISTRIBUTORSDuty to act with due care27When making a product available on the market, a distributor must act with due care to ensure the conformity of that product with Part 2.Making available on the market281Before making a product available on the market, a distributor must verify that—athe product—ibears the UK marking;iiis accompanied by the required documents;iiiis accompanied by the instructions and safety information in English; andbthe manufacturer has complied with the requirements of—iregulation 13 (duty of manufacturers to ensure products are labelled); andiiregulation 14 (duty to provide information); andcthe importer has complied with the requirements of regulation 21 (duty of importers to ensure products are labelled).2For the purposes of this regulation “required documents” has the same meaning as in regulation 19(2) (requirements that must be satisfied before an importer places a product on the market).Duty not to <Addition ChangeId="key-2c8cb7c63fb3c92fdfd64b715bec43b1-1692348050937" CommentaryRef="key-294ac8e665517ff658dc20a472e49334">make a product available</Addition> on the market where a distributor suspects that it is not in conformity291Where a distributor considers or has reason to believe that a product is not in conformity with the essential requirements, the distributor must not make the product available on the market.2Where a product presents a risk, the distributor must inform the manufacturer or importer, and the market surveillance authority ... of that risk.Storage and transport30A distributor must ensure that, while a product is the distributor’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential requirements.Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity311A distributor who considers or has reason to believe that a product that the distributor has made available on the market is not in conformity with Part 2 must ensure that corrective measures necessary are taken to—abring the product into conformity;bto withdraw the product from the market; orcrecall it.2Where the product presents a risk, the distributor must immediately inform the market surveillance authority ... of the risk, giving details of—athe reason or reasons why the product is not considered to be in conformity; andbany corrective measures taken.Provision of information and co-operation321A distributor must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.2The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.3The distributor must, at the request of the enforcing authority, co-operate with the authority on any action taken to eliminate the risks posed by a product that the distributor has made available ... on the market.IMPORTERS AND DISTRIBUTORSCases in which the obligations of manufacturers apply to importers and distributors33An importer or a distributor (“A”) who—aplaces a product on the market under A’s own name or trademark; orbmodifies a product already placed on the market in such a way that it may affect whether the product is in conformity with Part 2is to be treated as the manufacturer of that product for the purposes of these Regulations and must comply with the obligations of a manufacturer set out in this Part.MANUFACTURERS AND IMPORTERSMonitoring341Where appropriate with regard to the risks presented by the product to the health and safety of consumers the manufacturer or the importer must carry out monitoring to protect the health and safety of consumers by—acarrying out sample testing of a product made available on the market;binvestigate any complaint that a product is not in conformity with Part 2; andckeep a register of—icomplaints;iiproducts that are not in conformity; andiiithe recall of any product.2The manufacturer or the importer must keep distributors informed of monitoring carried out under this regulation.3The manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.Translation of EU declaration of conformity351For the purposes of regulation 10(2) and (3), where the product is to be made available on the market in Northern Ireland, the language required is English.PRIVATE IMPORTERS AND ECONOMIC OPERATORSPrivate importers361If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—athe product has been designed and manufactured in accordance with the essential requirements; andbthe obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—iregulation 9 (technical documentation and conformity assessment);iiregulation 10 (declaration of conformity and UK marking);iiiregulation 11 (duty of manufacturers to retain technical documentation and ... declaration of conformity); andivregulation 22 (instructions and safety information).2A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).3Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.4The private importer must ensure that the name and postal address of the approved body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.Identification of economic operators371An economic operator (“E”) who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—aany economic operator who has supplied E with a product; andbany economic operator to whom E has supplied a product.2The relevant period is—afor information under paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the product;bfor information under paragraph (1)(b) a period of 10 years beginning on the day on which E supplied the product.Obligations on private importers to identify economic operators381A private importer who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the market surveillance authority may specify, identify to the market surveillance authority any economic operator which has supplied the private importer with a product.2The relevant period is a period of 10 years beginning on the day on which the private importer was supplied with a product.AUTHORISED REPRESENTATIVESAuthorised representatives391A manufacturer may by written mandate, appoint a person established in the United Kingdom as their authorised representative to perform specified tasks on their behalf.2A manufacturer who has appointed an authorised representative to perform, on the manufacturer’s behalf, a task under these Regulations remains responsible for the proper performance of the task.3The mandate must allow the authorised representative to do at least the following in relation to a product covered by the mandate—akeep a copy of—ithe ... declaration of conformity; andiithe technical documentation referred to in regulation 9 (technical documentation and conformity assessment)at the disposal of the enforcing authority ..., for a period of 10 years beginning on the day on which the product is placed on the market;bprovide, following a reasoned request from an enforcing authority, all of the information and documentation necessary to demonstrate the conformity of a the product with the essential requirements; andcco-operate with the enforcing authority, upon their request, on any action to eliminate the risks posed by a product covered by their mandate.4The obligations in regulation 8 (duty to ensure watercraft comply with essential requirements) and regulation 9 (technical documentation and conformity assessment) must not form part of an authorised representative’s mandate.5An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly—aas far as those duties are concerned, as well as the penalties for failure to comply with those duties, a reference in these Regulations to the manufacturer (except in this regulation) is to be taken as including a reference to the authorised representative; andbif the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.MISCELLANEOUSProhibition on improper use of <Substitution ChangeId="key-a23a19f92d00a76913b2df3e4abed1ef-1706549474000" CommentaryRef="key-a23a19f92d00a76913b2df3e4abed1ef">UK</Substitution> marking401An economic operator must not affix the UK marking to a product unless—athe economic operator is the manufacturer; andbthe conformity of the product with the essential requirements has been demonstrated by the relevant conformity assessment procedure.2An economic operator must not affix to a product a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.3An economic operator must not affix to a product any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.<Addition ChangeId="key-3908ce78672e8a9efb5b81ef0e475678-1706551951001" CommentaryRef="key-3908ce78672e8a9efb5b81ef0e475678">Obligations that are met by complying with obligations in the Directive</Addition>40A1In this regulation—aany reference to an Article or an Annex is a reference to an Article of or Annex to the Directive;b“CE marking” has the meaning given in Article 3(28);c“harmonised standard” has the meaning given in Article 3(20).2For the purposes of this regulation, references to the requirements set out in Article 4(1) and Annex I are to be read as if they include a requirement that the owner's manuals referred to in point 2.5 of Part A of Annex I and point 4 of Part B of that Annex must be in English (instead of in a language or languages which can be easily understood by consumers and other end-users, as determined by the member State concerned).3Where a product meets the requirements set out in Article 4(1) and Annex I—athe requirements of regulation 6(a) and (b) are to be treated as being satisfied;bregulation 2(2)(a) applies subject to the modification set out in paragraph (15)(c).4Subject to paragraphs (8) and (9), paragraph (5) applies where, before placing a product on the market, the manufacturer—aensures that the product has been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I;bdraws up the technical documentation in accordance with Article 25;ccarries out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 or has it carried out;densures that the technical documentation and any other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;eaffixes a CE marking to the product in accordance with Articles 16 to 18;fdraws up an EU declaration of conformity in accordance with Article 15; andgensures that the EU declaration of conformity is prepared in or translated into English.5Where this paragraph applies—athe requirements of regulations 8, 9 and 10(1), (2), (3) and (5) are to be treated as being satisfied;bregulations 10(4), 11, 12(2), 39(3) and 40 apply subject to the modifications set out in paragraph (15);cPart 3 (except for regulations 43(2) and (3) and 48) does not apply;dregulation 71 does not apply.6Subject to paragraphs (8) and (9), paragraph (7) applies where, before placing a product on the market, the importer ensures that—athe conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 has been carried out;bthe manufacturer has drawn up the technical documentation in accordance with Article 25; andcthe product bears the CE marking in accordance with Articles 16 to 18.7Where this paragraph applies—athe requirements of regulation 19(1)(a), (b) and (c)(i) are to be treated as being satisfied;bregulations 18, 19(2), 20, 23 and 25 apply subject to the modifications set out in paragraph (15).8This paragraph applies where there is no designated standard or part of a designated standard that corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 20 or 22.9Where paragraph (8) applies, paragraphs (4)(c) and (6)(a) of this regulation are to be read as requiring—ain respect of products referred to in Article 20(1)(b)(i), one of the conformity assessment procedures (combination of procedures) referred to in the second indent of Article 20(1)(b)(i);bin respect of exhaust emissions for products referred to in points (d) and (e) of Article 2(1), one of the conformity assessment procedures (or combinations of procedures) referred to in Article 21(b);cin respect of noise emissions for products referred to in Article 22(1)—ithe conformity assessment procedure referred to in Article 22(1)(b); oriiwhere applicable in accordance with Article 22(1)(c), one of the conformity assessment procedures referred to in Article 22(1)(c);din respect of noise emissions for products referred to in Article 22(2), the conformity assessment procedure referred to in Article 22(2)(b).10Paragraph (11) applies where, before making a product available on the market, the distributor ensures that the product bears the CE marking in accordance with Articles 16 to 18.11Where this paragraph applies—athe requirement of regulation 28(1)(a)(i) is to be treated as being satisfied;bregulations 19(2) (which contains the definition of “required documents” for the purposes of regulation 28), 29 and 30 apply subject to the modifications set out in paragraph (15).12Paragraph (13) applies where the private importer—aensures before putting a product into service that the product has been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I; andbensures that the name and postal address of the notified body that carried out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 is marked on the product.13Where this paragraph applies, the requirements of regulation 36(1)(a) and 36(4) are to be treated as being satisfied.14Where, before placing a product on the market or putting a product into service, a person applies the procedure referred to in Article 23 to the product, the requirements of regulation 43 are to be treated as being satisfied.15The modifications referred to in paragraphs (3)(b), (5)(b), (7)(b) and (11)(b) are that—aany reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;bany reference to “designated standard” is to be read as a reference to a harmonised standard;cany reference to “essential requirements” is to be read as a reference to the requirements set out in Article 4(1) and Annex I (as modified by paragraph (2));dany reference to “UK marking” is to be read as a reference to the CE marking;eany reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedures that apply to the product in accordance with Articles 19 to 22 and 24;fany reference to “technical documentation” is a reference to the technical documentation referred to in Article 25.<Addition ChangeId="key-3908ce78672e8a9efb5b81ef0e475678-1706551977085" CommentaryRef="key-3908ce78672e8a9efb5b81ef0e475678">Conformity assessment procedure obligation which is met by complying with the Directive</Addition>40B1In this regulation any reference to an Article or an Annex is a reference to an Article of or Annex to the Directive.2Paragraph (3) applies where—aArticles 20 or 21 provide that the conformity assessment procedure referred to as Module B in those Articles may be carried out in relation to a product; andbprior to the manufacture of a product, the manufacturer ensures that—ithe product has been designed in accordance with the essential requirements set out in Annex I to the Directive;iithe conformity assessment procedure referred to as Module B in Articles 20 and 21 has been carried out in relation to that product, in accordance with those Articles and with Article 24(1).3Where this paragraph applies—athe requirement in regulation 42 to apply the conformity assessment procedure referred to in regulations 44 and 45 as Module B is to be treated as being satisfied in relation to that product;bany reference to “relevant conformity assessment procedure” in regulations 9, 10(1), 19(1)(a), 36(4), 40(1)(b) and 53(b) is to be read as including the conformity assessment procedure referred to in Articles 20, 21 and 24 as Module B; andcany reference to “technical documentation” in regulations 9(b), 11, 19(1)(b), 25(b) and 36(3) is to be read as including the technical documentation relating to the design of the product referred to in Article 25 of the Directive;dthe reference to “approved body” in regulation 36(4) is to be read as the body that undertook the conformity assessment procedure referred to as Module B in Articles 20 or 21.<Addition ChangeId="key-3908ce78672e8a9efb5b81ef0e475678-1706551977086" CommentaryRef="key-3908ce78672e8a9efb5b81ef0e475678"><Substitution ChangeId="key-04926cd07559ea1ef6c3e120a7e40657-1731494731220" CommentaryRef="key-04926cd07559ea1ef6c3e120a7e40657">Further use of UK marking</Substitution></Addition>40C1In this regulation—aunless otherwise specified, any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;b“harmonised standard” has the meaning given in Article 3(20).2For the purposes of this regulation, references to requirements set out in Article 4(1) and Annex I are to be read as if they include a requirement that the owner’s manual referred to in point 2.5 of Part A of Annex I and point 4 of Part B of that Annex must be in English.3Where a product meets the requirements set out in Article 4(1) and Annex I—athe requirements of regulation 6(a) and (b) are to be treated as being satisfied;bregulation 2(2)(a) applies subject to the modification in paragraph (8).4Subject to paragraphs (6) and (7), paragraph (5) applies where, before placing a product on the market, a manufacturer—aensures that the product has been designed and manufactured in accordance with the essential requirements set out in Article 4(1) and Annex I;bdraws up the technical documentation in accordance with Article 25;ccarries out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 or has it carried out; anddensures that the technical documentation and any other records or correspondence relating to the conformity assessment procedure are prepared in or translated into English.5Where this paragraph applies—aregulations 8 and 9 are to be treated as being satisfied;bexcept for regulations 53 and 54(1) to (3), Part 3 does not apply;cregulations 2(2)(a), 11, 12, 18, 20, 23, 25, 29, 30, 39, 40 and 71 apply subject to the modifications in paragraph (8);dregulations 10, 19, 53, 54 and Schedule 4 apply subject to the modifications in paragraphs (8) and (9).6This paragraph applies where there is no designated standard or part of a designated standard that corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Articles 20 to 22.7Where paragraph (6) applies, paragraph (4)(c) is to be read as requiring the manufacturer to carry out or have carried out—ain respect of products referred to in Article 20(1)(b)(i), one of the conformity assessment procedures (or combination of procedures) referred to in the second indent of Article 20(1)(b)(i);bin respect of exhaust emissions for products referred to in points (d) and (e) of Article 2(1), one of the conformity assessment procedures (or combination of procedures) referred to in Article 21(b);cin respect of noise emissions for products referred to in Article 22(1)—ithe conformity assessment procedure referred to in Article 22(1)(b); oriiwhere applicable in accordance with Article 22(1)(c), one of the conformity assessment procedures referred to in Article 22(1)(c);din respect of noise emissions for products referred to in Article 22(2), the conformity assessment procedure referred to in Article 22(2)(b).8The modifications referred to in paragraphs (3)(b) and (5)(c) and (d) are that—aany reference to “essential requirements” is to be read as a reference to the essential requirements set out in Article 4(1) and Annex I (as modified by paragraph (2));bany reference to “designated standard” is to be read as a reference to a “harmonised standard”;cany reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 25.9The modifications referred to in paragraph (5)(d) are that—ain regulation 10(5) the references to “enactment” are to be read as including the Directive;bin regulation 19(2)(b) the reference to “Schedule 1” is to be read as a reference to Annex I (as modified by paragraph (2)) (and the reference to regulation 19(2) in regulation 28 is to be construed accordingly);cin regulation 53 the reference to regulations 44 to 47 is to be read as a reference to Articles 20 to 22;din regulation 54 the reference to Schedule 15 is to be read as a reference to Annex II to Decision No 768/2008/EC;ein Schedule 4—ithe reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Articles 19 to 22 and 24;iithe reference to “relevant statutory requirements” is to be read as including a reference to the Directive.10Paragraph (11) applies where before putting a product into service, the private importer ensures that—athe product has been designed and manufactured in accordance with the essential requirements set out in Article 4(1) and Annex I;beither—ithe conformity assessment procedures applicable to the product in accordance with Articles 19 to 22 and 24 have been carried out; oriithe procedure set out in Article 23 has been carried out in relation to the product;cthe technical documentation is drawn up in accordance with Article 25; anddthe name and address of the conformity assessment body that carried out the relevant conformity assessment procedures in accordance with Articles 19 to 22 and 24 is marked on the product.11Where this paragraph applies—aregulation 36(1)(a) and (4) is treated as being satisfied;bregulation 43(1) is either—idisapplied, where the private importer has ensured compliance with paragraph (10)(b)(i); oriitreated as being satisfied, where the private importer has ensured compliance with paragraph (10)(b)(ii);cexcept for regulations 53 and 54(1) to (3), Part 3 does not apply.12Where, before placing a product referred to in regulation 43(2)(a) or (b) or (3) on the market or putting such product into service, a person applies the procedure referred to in Article 23 to the product, the requirements of regulation 43(2) and (3) are treated as being satisfied.<Addition ChangeId="key-3908ce78672e8a9efb5b81ef0e475678-1706551977087" CommentaryRef="key-3908ce78672e8a9efb5b81ef0e475678">Qualifying Northern Ireland Goods</Addition>40D1Where paragraph (2) applies a product is to be treated as being in conformity with Part 2.2This paragraph applies where—aa product—iis in conformity with Part 2, as that Part applies in Northern Ireland; andiiis qualifying Northern Ireland goods; andban importer has complied with the obligations set out in paragraph (3).3The obligations referred to in paragraph (2)(b) are that, before placing the product on the market, the importer—acomplies with regulation 21;bensures that—ithe relevant conformity assessment procedure has been carried out in relation to the product;iithe manufacturer has drawn up the technical documentation; andiiithe product bears the CE marking.4In this regulation—“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;“relevant conformity assessment procedure” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;“technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland. PART 3CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES Presumption of conformity411A product which is in conformity with a designated standard (or part of such a standard) ... is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).2The presumption in paragraph (1) is rebuttable. Applicable conformity assessment procedures42Before placing a product on the market the manufacturer must apply the conformity assessment procedures set out in the modules set out in Schedule 15 and referred to in regulations 44 (design and construction) to 47 (noise emissions: personal watercraft). Duty to carry out the post construction assessment 43 1 Before putting a product into service a private importer must apply the procedure referred to in regulation 48 (requirements of the post-construction assessment) to that product if the manufacturer of the product has not already carried out the conformity assessment for the product concerned. 2 Any person must, before placing or putting into service on the market— a a propulsion engine or watercraft which has had a major engine modification or major craft conversion; or b a watercraft which has had a change in its intended purpose so that it falls within scope of these Regulations apply the procedure referred to in regulation 48 (requirements of the post-construction assessment). 3 Any person placing on the market a watercraft built for own use before the end of the five-year period beginning on the day on which the watercraft was put into service, must apply the procedure referred to in regulation 48 before placing the watercraft on the market. Design and construction441With regard to the design and construction of recreational craft, the following conformity assessment procedures set out in Schedule 15 apply—afor design categories A and B referred to in paragraph 1 of Part A of Schedule 1—ifor recreational craft of hull length from 2.5 metres to less than 12 metres, any of the following modules—aaModule A1 (internal production control plus supervised product testing);bbModule B (type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);ccModule G (conformity based on unit verification);ddModule H (conformity based on full quality assurance);iifor recreational craft of hull length from 12 metres to less than 24 metres, any of the following modules—aaModule B (type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);bbModule G (conformity based on unit verification);ccModule H (conformity based on full quality assurance);bfor design category C referred to in paragraph 1 of Part A of Schedule 1—ifor recreational craft of hull length from 2.5 metres to less than 12 metres where the designated standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are complied with, any of the following modules—aaModule A (internal production control);bbModule A1 (internal production control plus supervised product testing);ccModule B (type examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);ddModule G (conformity based on unit verification);eeModule H (conformity based on full quality assurance);iifor recreational craft of hull length from 2.5 metres to less than 12 metres where the designated standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are not complied with, any of the following modules—aaModule A1 (internal production control plus supervised testing);bbModule B (type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;ccModule G (conformity based on unit verification);ddModule H (conformity based on full quality assurance);iiifor recreational craft of hull length from 12 metres to 24 metres, any of the following modules—aaModule B (type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;bbModule G (conformity based on unit verification);ccModule H (conformity based on full quality assurance);cfor design category D referred to in paragraph 1 of Part A of Schedule 1 for recreational craft of hull length of 2.5 metres to 24 metres, any of the following modules—iModule A (internal production control);iiModule A1 (internal production control plus supervised testing);iiiModule B (type examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);ivModule G (conformity based on unit verification);vModule H (conformity based on full quality assurance).2With regard to the design and construction of personal watercraft, any of the following procedures set out in Schedule 15 apply—aModule A (internal production control);bModule A1 (internal production control plus supervised testing);cModule B (type examination together with Module C conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);dModule G (conformity based on unit verification);eModule H (conformity based on full quality assurance).3With regard to the design and construction of components any of the following procedures set out in Schedule 15 apply—aModule B (type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance). Exhaust emissions45With regard to exhaust emissions, for products referred to in regulation 3(1)(d) and (e), the engine manufacturer must apply the following procedures set out in Schedule 15—awhere the tests are conducted using the designated standard, any of the following modules—iModule B (type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);iiModule G (conformity based on unit verification);iiiModule H (conformity based on full quality assurance);bwhere the tests are conducted without using the designated standard, either of the following modules—iModule B (type examination) together with Module C1 (conformity to type based on internal production control plus supervised product testing);iiModule G (conformity based on unit verification). Noise emissions: recreational craft461The manufacturer must apply the relevant procedures in paragraphs (2) to (4) as set out in Schedule 15 with regard to the noise emissions for recreational craft with—astern drive propulsion engines without integral exhausts or inboard propulsion engine installations; andbstern drive propulsion engines without integral exhausts or inboard propulsion engine installations which are subject to major craft conversion and are subsequently placed on the market within the period of 5 years from the day on which that conversion was completed.2Where tests are conducted using the designated standard for noise measurement, any of the following modules apply—aModule A1 (internal production plus supervised product testing);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance).3Where tests are conducted without using the designated standard for noise measurement, Module G (conformity based on unit verification) applies.4Where the Froude number of power displacement ratio method is used for assessment, any of the following modules apply—aModule A (internal production control);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance). Noise emissions: personal watercraft471The personal watercraft or engine manufacturer must apply the relevant procedure in paragraphs (2) or (3) as set out in Schedule 15, with regard to noise emissions for—apersonal watercraft and outboard propulsion engines; andbstern drive propulsion engines with integral exhausts intended for installation on recreational craft.2Where the tests are conducted using the designated standard for noise measurement, any of the following modules apply—aModule A1 (internal production control plus supervised product testing);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance).3Where the tests are conducted without using the designated standard for noise measurement, Module G (conformity based on unit verification) applies. Requirements of the post-construction assessment 48 A post-construction assessment must be carried out in accordance with the process set out in Schedule 5. SUPPLEMENTARY REQUIREMENTS FOR CERTAIN CONFORMITY ASSESSMENTSConformity assessments carried out under Module B (EU-type examination)491Where an economic operator has a conformity assessment carried out on a product under Module B (EU-type examination) of Annex II to Decision 768/2008/EC in relation to a product, the conformity assessment must be carried out in the manner set out in Schedule 10.2A production type may cover several versions of the assessed product, if—athe differences between the versions of the product do not affect the level of safety and the other requirements concerning the performance of the product; andbthe different versions of the product are referred to in the corresponding EU-type examination certificate, if necessary by means of amendments to the original certificate.3For the purposes of this regulation—“production type” means an examination of the adequacy of the technical design of the watercraft through examination of the technical documentation specified in paragraph 3 of Schedule 10 and a specimen watercraft that is representative of the completed watercraft that is to be or has been produced by the manufacturer.Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)501Where an economic operator has a conformity assessment carried out on a product under Module A1 (internal production control plus supervised product testing) as set out in Schedule 15—athe product checks must be carried out on at least one watercraft that is representative of the watercraft that is to be or has been produced by the manufacturer; andbthe requirements set out in Schedule 6 apply.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Conformity assessments carried out under Module F (conformity to type based on product verification)51Where an economic operator has a conformity assessment carried out on a product under Module F (conformity to type based on product verification) as set out in Schedule 15, the procedure set out in Schedule 7 applies.Conformity assessments carried out under Module C (conformity to type based on internal production control)521This regulation applies where—aan economic operator has a conformity assessment carried out on a watercraft under Module C (conformity to type based on internal production control) set out in Schedule 15;bModule C is used to assess the conformity of the product with the exhaust emission requirements of these Regulations; andcthe manufacturer is not working under a relevant quality system as described in Module H set out in Schedule 15.2An approved body chosen by the manufacturer must carry out product checks as required by Module C or have them carried out at random intervals to be determined by the approved body, in order to verify the quality of the internal checks on the product carried out under the manufacturer’s own checking measures.3When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Schedule 8 applies.<Substitution ChangeId="key-e6720ace87280b9bda70a2ddb6f9d966-1706634762000" CommentaryRef="key-e6720ace87280b9bda70a2ddb6f9d966">Declaration</Substitution> of conformity53The ... declaration of conformity for a product must—astate that the product complies with the essential requirements;bcontain the elements specified in regulations 44 to 47 for the relevant conformity assessment procedure in respect of the product; andcbe set out in accordance with the model structure set out in Schedule 4.<Substitution ChangeId="key-d0e8257c8a1f2c588f9f6b053506ba4d-1706635288000" CommentaryRef="key-d0e8257c8a1f2c588f9f6b053506ba4d">UK marking</Substitution>541The UK marking must be affixed visibly, legibly and indelibly—ato the product; orbwhere paragraph (1A) applies, to—ia label affixed to the product; oriia document accompanying the product.1AFor a period of seven years beginning with IP completion day, the UK marking may be affixed to—aa label affixed to the product; orba document accompanying the product.2Where paragraph (1A) does not apply and it is not possible or warranted, on account of the nature of a component to affix the UK marking in accordance with paragraph (1)(a), the UK marking must be affixed to—athe packaging; andbthe accompanying documents.3 Except where paragraph (3A) applies where the product referred to in paragraph (1)—ais a watercraft, the UK marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; orbis a propulsion engine, the UK marking must be affixed on the engine.3AFor a period of 24 months beginning with IP completion day, the UK marking may be affixed to—aa label affixed to the watercraft or propulsion engine; orba document accompanying the watercraft or propulsion engine. 4The UK marking must be followed by the identification number of the approved body where—athat body is involved in the production control phase of the conformity assessment under Modules A (internal production control), A1 (internal production control plus supervised product testing) or C (conformity to type based on internal production control) set out in Schedule 15; orbwhere a post construction assessment set out in Schedule 5 of these Regulations is being used.5The identification number of the approved body must be affixed—aby the approved body itself; orbunder the instructions of the approved body by the manufacturer.<Addition ChangeId="key-ff70ef5a0e85238b4daaca08ccf4fed5-1706705003944" CommentaryRef="key-ff70ef5a0e85238b4daaca08ccf4fed5" Extent="N.I.">UK(NI) indication</Addition>54A1Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the product, in accordance with this regulation.2The UK(NI) indication must be affixed—avisibly, legibly and indelibly; andbbefore a product is placed on the market in Northern Ireland.3The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 54.4The UK(NI) indication must be affixed by—athe manufacturer; orbthe manufacturer's authorised representative.5When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.<Addition ChangeId="key-ff70ef5a0e85238b4daaca08ccf4fed5-1706705025721" CommentaryRef="key-ff70ef5a0e85238b4daaca08ccf4fed5" Extent="N.I.">Register of notified bodies established in the United Kingdom</Addition>54B1The Secretary of State must ensure that—aeach notified body established in the United Kingdom is assigned an identification number; andbthere is a register of—inotified bodies established in the United Kingdom;iitheir notified body identification number;iiithe activities for which they have been notified;ivany restrictions on those activities.2The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.3The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). PART 4<Repeal ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706636897606" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef" RetainText="true" SubstitutionRef="key-7537dfde85ab4442663edc660fa640ef-1706636897607" Extent="E+W+S">NOTIFICATION OF CONFORMITY ASSESSMENT BODIES</Repeal><Addition ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706636897607" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef" Extent="E+W+S">APPROVAL OF CONFORMITY ASSESSMENT BODIES</Addition><Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706637112513" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Approved bodies</Substitution>551An approved body is a conformity assessment body which—ahas been approved by the Secretary of State pursuant to the procedure set out in regulation 56 (approval of conformity assessment bodies); orbimmediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 61(1) or (2) as they had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.2Paragraph (1) has effect subject to regulation 59 (restriction, suspension or withdrawal of approval).3In this Part—“notified body” means a body—which the Secretary of State had before IP completion day notified to the European Commission and the member States of the European Union in accordance with Article 26 of the Directive; andin respect of which no objections had been raised, as referred to in regulation 55(b), as it had effect immediately before IP completion day;“approved body requirements” means the requirements set out in Schedule 11.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706642661912" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Approval of conformity assessment bodies</Substitution>561The Secretary of State may approve only those conformity assessment bodies that qualify for approval.2A conformity assessment body qualifies for approval if the first and second conditions below are met.3The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and the application is accompanied by—aa description of—ithe conformity assessment activities that the conformity assessment body intends to carry out;iithe relevant conformity assessment procedure in respect of which the conformity assessment body claims to be competent;iiithe product in respect of which the conformity assessment body claims to be competent; andbeither—ian accreditation certificate; oriithe documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.4The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.5For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.6When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may—ahave regard to any other matter which appears to the Secretary of State to be relevant; andbset conditions that the conformity assessment body must meet.8For the purposes of this regulation, “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706642679739" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Presumption of conformity of approved bodies</Substitution>571Where a conformity assessment body demonstrates its conformity with the criteria set out in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of the standard).2The presumption in paragraph (1) is rebuttable.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706643198299" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Monitoring of approved bodies</Substitution>58The Secretary of State must monitor each approved body with a view to verifying that the body—acontinues to meet the approved body requirements;bmeets any condition set—iin accordance with regulation 56(6)(b); oriiin the case of an approved body that was a notified body immediately before IP completion day, in accordance with regulation 56(6)(b) as it applied immediately before IP completion day; andccarries out its functions in accordance with these Regulations.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706643218274" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Restriction, suspension or withdrawal of approval</Substitution>591Where the Secretary of State determines that an approved body—ano longer meets an approved body requirement; orbis failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 58(b),the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 55 (approved bodies).2With the consent of the approved body or where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 58(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 55.3In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.4Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activities, the approved body must—aat the request of the Secretary of State, transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; orbin the absence of a request under sub-paragraph (a), keep its files relating to the activities it has undertaken as an approved body available for inspection by the Secretary of State and the market surveillance authorities for a period of 10 years from the date they were created.5The activities undertaken as an approved body referred to in paragraph (4) include any activities that the body has undertaken as a notified body.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706643237699" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Notice of proposed restriction, suspension or withdrawal of approval</Substitution>601Where the Secretary of State proposes to restrict, suspend or withdraw a body's status as an approved body in accordance with regulation 59 (restriction, suspension or withdrawal of approval), the Secretary of State must give notice in writing to the approved body that its approval will be restricted, suspended or withdrawn.2A notice provided in accordance with paragraph (1) must—astate the date on which the notice is issued;bstate the reasons why the approval is being restricted, suspended or withdrawn;cstate the date on which the restriction, suspension or withdrawal of the approval is to take effect;dwhere an approval is being restricted or suspended, state what the effect of that restriction or suspension is on the approved body;einform the approved body of its right to make written representations to the Secretary of State against the proposal within 14 days of the date of the notice.3Where an approved body submits written representations to the Secretary of State within 14 days of the notice in accordance with paragraph (2)(e), the Secretary of State must respond to the representations within 21 days of the date on which the representations are received, stating whether, having considered the representations, the notice issued under paragraph (1) will be modified or withdrawn.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706643257564" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Operational requirements of approved bodies</Substitution>61When an approved body carries out a relevant conformity assessment procedure, Schedule 12 (operational requirements of approved bodies) has effect.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706643284152" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Subsidiaries and contractors</Substitution>621Where an approved body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the tasks are to be treated as having been carried out by an approved body for the purposes of regulations 44 to 47 only where the conditions in paragraphs (2) and (3) are satisfied.2The approved body must—aensure that the subcontractor or subsidiary meets the approved body requirements; andbinform the Secretary of State accordingly.3The approved body must have obtained the agreement of the client economic operator to the use of a subcontractor or subsidiary.4Where an approved body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the approved body must, for a period of 10 years beginning on the day on which the tasks are carried out, keep at the disposal of the Secretary of State the documentation concerning—athe assessment of the qualifications of the subcontractor or subsidiary; andbthe conformity assessment activities carried out by the subcontractor or subsidiary.5When monitoring an approved body in accordance with regulation 58 (monitoring of approved bodies), the Secretary of State must treat the approved body as responsible for the tasks performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.6In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706643303185" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Register of approved bodies</Substitution>631The Secretary of State must—aassign an approved body identification number to each approved body; andbcompile and maintain a register of—iapproved bodies;iitheir approved body identification numbers;iiithe activities for which they have been approved; andivany restrictions on those activities.2The register referred to in paragraph (1) must be made publicly available.<Substitution ChangeId="key-7537dfde85ab4442663edc660fa640ef-1706643320232" CommentaryRef="key-7537dfde85ab4442663edc660fa640ef">Authorisation of UK national accreditation body</Substitution>64The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—aassessing whether a conformity assessment body meets the approved body requirements;bmonitoring approved bodies in accordance with regulation 58;ccompiling and maintaining the register of approved bodies in accordance with regulation 63.PART 5MARKET SURVEILLANCE AND ENFORCEMENTDesignation of market surveillance authorities65The market surveillance authority is—awithin its area in Great Britain, the weights and measures authority; andbin Northern Ireland, every district council.Enforcement661The market surveillance authority must enforce these Regulations and RAMS (in its application to products covered by these Regulations).2The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to products covered by these Regulations).3Before taking action under paragraph (2), the Secretary of State or the person appointed by the Secretary of State to act on the Secretary of State’s behalf, must notify the relevant market surveillance authority.4In Scotland, only the Lord Advocate may prosecute an offence under these Regulations.Enforcement powers67Schedule 13 (enforcement and investigatory powers conferred on the market surveillance authority) and Schedule 14 (compliance, withdrawal and recall notices) of these Regulations have effect.Evaluation of a product presenting a risk681Where the market surveillance authority has sufficient reason to believe that a product presents a risk, that authority must carry out an evaluation of that product in order to determine whether the product satisfies the requirements of Part 2 of these Regulations in respect of that product.2Where an enforcing authority other than a market surveillance authority has sufficient reason to believe that a product presents a risk, that authority may carry out an evaluation of that product in order to determine whether the product satisfied the requirements of Part 2 of these Regulations in respect of that product.Enforcement action in respect of products that are not in conformity and which present a risk691Where in the course of the evaluation referred to in regulation 68 (evaluation of product presenting a risk), an enforcing authority finds that the product is not in conformity with Part 2 of these Regulations it must, without delay, require a relevant economic operator to—atake the appropriate corrective action to bring the product into conformity with those requirements within a prescribed period;bwithdraw the product within a prescribed period; orcrecall the product within a prescribed period.2The enforcing authority must inform any approved body that carried out the conformity assessment in relation to the product of—athe respect in which the product is not in conformity with Part 2 ; andbthe actions which the market surveillance authority requires the relevant economic operator to take to bring the product into conformity with Part 2.3Where the enforcing authority is not the Secretary of State and it considers that the non-conformity referred to in paragraph (1) is not restricted to products that have been placed or made available on the market in the United Kingdom, it must notify the Secretary of State of—athe results of the evaluation; andbthe actions which it has required the economic operator to take.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—aprohibit or restrict the product being made available on the market in the United Kingdom;bwithdraw the product from the United Kingdom market; orcrecall the product.6Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8The notice referred to in paragraph (6) must include details about the product and, in particular—athe information necessary to identify the product that is not in conformity;bthe origin of the product;cthe nature of the alleged lack of conformity and the risk involved;dthe nature and duration of the measures taken;ethe arguments put forward by the economic operator; andfwhether the failure of the product to conform with the requirements of Part 2 is due to—ithe failure of the product to meet the requirements of that Part and Schedule 1 relating to risk; oriishortcomings in a designated standard referred to in regulation 41 (presumption of conformity) which confers a presumption of conformity.9In this regulation, “prescribed period” means a period which is—aprescribed by the enforcing authority; andbreasonable and commensurate with the nature of the risk presented by the product.EU Safeguard procedure701Where another relevant state has initiated the procedure under Article 44 of the Directive (as amended from time to time), the market surveillance authority must, without delay, inform the Secretary of State of—aany measures taken by the market surveillance authority in respect of the product; andbany additional information which the market surveillance authority has at its disposal relating to the lack of conformity of the product.2Where another relevant state has initiated the procedure under Article 44 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the Commission and the other relevant states of—aany measures taken by a market surveillance authority in Northern Ireland in respect of the product;bany additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Where a measure taken by another relevant state in respect of a product is considered justified under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken in Northern Ireland in respect of the product without delay.4Where a measure taken by another relevant state in respect of a product is considered justified by the Commission under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the product is withdrawn from the market in in Northern Ireland.5Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.6Where the Secretary of State receives a notice under paragraph (5), the Secretary of State must inform the Commission of the action taken in respect of Northern Ireland.7If a measure taken by the market surveillance authority pursuant to regulation 69 is considered unjustified by the Commission under Article 44(1) of the Directive (as amended from time to time), the market surveillance authority must withdraw that measure in respect of Northern Ireland.Enforcement action in respect of formal non-compliance711Where an enforcing authority makes one of the following findings relating to a product, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—athe UK marking—ihas not been affixed; oriihas been affixed in violation of regulation 40 (prohibition on improper use of UK marking) or regulation 54 (UK marking);bthe ... declaration of conformity or the declaration referred to in Schedule 3—ihas not been drawn up; oriihas not been drawn up correctly;cthe technical documentation is either not available or is incomplete;dthe information set out in regulation 14 (duty to provide information) and regulation 21 (duty of importer to ensure products are labelled) is absent, false or incomplete;ethat there has been non-compliance with any other requirement referred to—iin the case of the manufacturer or their authorised representative in regulations 8 to 17;iiin the case of the importer in regulations 18 to 26;iiiin the case of a distributor in regulations 27 to 32; andivin the case of a private importer in regulations 36 to 38.2The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.3Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—arestrict or prohibit the product being made available on the market;bensure that the product is recalled or withdrawn from the market; orcin the case of a product imported by a private importer for their own use, that that product is prohibited or restricted.4This regulation does not apply where the product presents a risk.Restrictive measures72When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS (as amended from time to time) in relation to any measure to—aprohibit or restrict a product from being made available on the market;bwithdraw a product from the market; orcrecall a product.Offences731It is an offence for a person to contravene or fail to comply with any requirement of—aregulation 6;bregulations 8 to 16;cregulation 17(3);dregulations 18 to 25;eregulation 26(3);fregulations 27 to 31;gregulation 32(3);hregulation 34;iregulation 36 to 38; orjregulation 40.2It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.Penalties74 Subject to regulation 74A, any person who is guilty of an offence under regulation 73 (offences) is liable on summary conviction—ain England and Wales—ito imprisonment for a term not exceeding 3 months;iito a fine; oriiito both.bin Scotland and Northern Ireland—ito imprisonment for a term not exceeding 3 months; oriito a fine not exceeding level 5 on the standard scale; oriiito both.<Addition ChangeId="key-a56dfb331ba0deb3ef152916e4e7c110-1706705205002" CommentaryRef="key-a56dfb331ba0deb3ef152916e4e7c110">Penalty in relation to the UK(NI) indication</Addition>74AA person guilty of an offence under regulation 73(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.Defence of due diligence751Subject to paragraphs (2) and (4), in proceedings for an offence under regulation 73 (offences) it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.2P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—aserved a notice in accordance with paragraph (3); orbobtained the leave of the court.3The notice must—agive any information in P’s possession which identifies or assists in identifying the person who—icommitted the act or default; oriisupplied the information on which P relied;bbe served on the person bringing the proceedings not less than 7 clear days before—iin England, Wales and Northern Ireland, the hearing of the proceedings;iiin Scotland, the trial diet.4P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—ato the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; andbto whether P had any reason to disbelieve the information.5In this regulation, “third party allegation” means an allegation that the commission of the offence was due—ato the act or default of another person; orbto reliance on information supplied by another person.Liability of persons other than the principal offender761Where the commission by one person (“X”) of an offence under these Regulations is due to anything which another person (“Y”) did or failed to do in the course of business, Y is guilty of an offence and may be proceeded against and punished, whether or not proceedings are taken against X.2Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate’s offence was committed—awith the consent or connivance of the relevant person; orbas a result of the negligence of the relevant person.3In paragraph (2), “relevant person” means—aa director, manager, secretary or other similar officer of the body corporate;bin relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;cin relation to a Scottish partnership, a partner; orda person purporting to act as a person described in sub-paragraphs (a), (b) or (c).Service of documents771Any document required or authorised by these Regulations to be served on a person may be served by—adelivering it to that person in person;bleaving it at that person’s proper address; orcsending it by post or electronic means to that person’s proper address.2In the case of a body corporate, a document may be served on a director of that body.3In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.4For the purposes of this regulation, “proper address” means—ain the case of a body corporate or its director—ithe registered or principal office of that body; oriithe email address of the secretary or clerk of that body;bin the case of a partnership, a partner or person having control or management of the partnership business—ithe principal office of the partnership; oriithe email address of a partner or person having that control or management;cin any other case, a person’s last known address, which includes an email address.5If a person to be served with a document has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept service, that address must also be treated as that person’s proper address.6In this regulation, “partnership” includes a Scottish partnership.Recovery of expenses of enforcement781This regulation applies where a person commits an offence under regulation 73 (offences).2The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the authority has incurred in investigating the offence.Action by enforcing authority791An enforcing authority may take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—athe authority has been unable to identify any economic operator on whom to serve such a notice; orbthe economic operator on whom such a notice has been served has failed to comply with it.2If the enforcing authority takes action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the authority in taking the action.3A civil debt recoverable under paragraph (2) may be recovered summarily—ain England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980;bin Northern Ireland in proceedings under article 62 (debt proceedings) of the Magistrates Courts (Northern Ireland) Order 1981.4In this regulation, “notice” means a notice served under Schedule 14.Appeals against notices801An application for an order to vary or set aside the terms of a notice served under these Regulations may be made—aby the economic operator on whom the notice has been served; andbby a person having an interest in the product in respect of which the notice has been served, unless the notice is a recall notice.2An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.3The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied that the product to which the notice relates is in conformity with Part 2 and does not present a risk.4On an application under paragraph (1) to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.5In this regulation—athe “appropriate court” is to be determined in accordance with regulation 81 (appropriate court for appeals against notices); andb“notice” means any notice served under Schedule 14.Appropriate court for appeals against notices811In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 80 (appeals against notices) is—athe court in which proceedings have been brought in relation to the product for an offence under regulation 73 (offences);bin any other case, a magistrates’ court.2In Scotland, the appropriate court for the purposes of regulation 80 is the sheriff of the sheriffdom in which the person making the appeal resides or has a registered principal office.3A person aggrieved by an order made by a magistrates’ court in England and Wales or Northern Ireland pursuant to an application under regulation 80 (appeals against notices), or by a decision of such a court not to make such an order, may appeal against that order or decision—ain England and Wales, to the crown court;bin Northern Ireland, to the county court.Time limit for commencement of proceedings821Subject to paragraph (4), in England and Wales, an information relating to an offence under regulation 73 (offences) that is triable by a magistrates’ court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.2Subject to paragraph (4), in Scotland—asummary proceedings for an offence under regulation 73 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge; andbsection 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.3Subject to paragraph (4), in Northern Ireland, summary proceedings for an offence under regulation 73 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.4No proceedings may be brought more than 3 years after the commission of the offence.5For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to paragraphs (1), (2) or (3) came to light, is conclusive evidence.Compensation831Where an enforcing authority serves a relevant notice in respect of a product, that authority is liable to pay compensation to a person having an interest in the product for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.2The conditions are that—athe product in respect of which the relevant notice was served neither—ipresents a risk; noriicontravenes any requirement of these Regulations; andbthe exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.3In this regulation, “relevant notice” means a notice served in accordance with Schedule 14.PART 5A<Addition ChangeId="key-8c5b71fcc5c772997a676483607cbb93-1706705503820" CommentaryRef="key-8c5b71fcc5c772997a676483607cbb93" Extent="E+W+S">POWERS OF THE SECRETARY OF STATE</Addition><Addition ChangeId="key-8c5b71fcc5c772997a676483607cbb93-1706705503820" CommentaryRef="key-8c5b71fcc5c772997a676483607cbb93" Extent="E+W+S">Power to amend Schedules</Addition>83A1The Secretary of State may by regulations amend any of the provisions specified in paragraph (2) where the Secretary of State considers it necessary to do so in order to take into account technical progress and new scientific evidence.2The provisions referred to in paragraph (1) are—ain Schedule 1—ipoints 2.3, 2.4, 2.5 and Section 3 of Part B;iiSection 3 of Part C;bSchedule 7;cSchedule 9.3The Secretary of State may by regulations amend Schedule 5 where the Secretary of State considers it necessary to do so in order to take into account technical progress, the adequacy of ensuring equivalent conformity and new scientific evidence.4Regulations made under this regulation may—amake different provisions for different cases; andbmake such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.5Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.<Addition ChangeId="key-8c5b71fcc5c772997a676483607cbb93-1706705503820" CommentaryRef="key-8c5b71fcc5c772997a676483607cbb93" Extent="E+W+S">Power to make provision for application of conformity assessments and of Schedule 1</Addition>83B1Where one or both of the conditions in paragraph (2) is met, the Secretary of State may by regulations make provision about—adetailed procedures for the operation of regulations 50 to 52 and paragraph 2 of Module B (as set out in Schedule 15), taking into account the specific conformity assessment needs of the products covered by these Regulations;bthe application of the watercraft design categories set out in point 1 of Part A of Schedule 1, including on the use of weather terminology and measurement scales used in those categories;cthe information on the builder's plate set out in point 2.2 of Part A of Schedule 1;dthe application of the Regulations on navigation lights set out in point 5.7 of Part A of Schedule 1;earrangements for discharge prevention, in particular as regards operation of holding tanks, set out in point 5.8 of Part A of Schedule 1;fthe installation and testing of gas appliances and permanently installed gas systems on watercraft, as referenced in point 5.5 of Part A of Schedule 1.2The conditions referred to in paragraph (1) are that the Secretary of State considers it necessary to make such provision in order to—atake into account the progress of technical knowledge; andbensure that these Regulations are applied in a uniform manner.3Before making regulations under this regulation, the Secretary of State must consult such persons as the Secretary of State considers appropriate.4Regulations made under this regulation may—amake different provisions for different cases; andbmake such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.5Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.PART 6MISCELLANEOUS Amendment to the Consumer Rights Act 2015 84 In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 at the appropriate place insert— regulation 66(1) or (2) of the Recreational Craft Regulations 2017 (S.I. 2017/737); . Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 85 The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 Schedule 1 (specified subordinate legislation) is amended as follows— a “The Recreational Craft Regulations 1996 insofar as not revoked by the Recreational Craft Regulations 2004” substitute “The Recreational Craft Regulations 2004 insofar as not revoked by the Recreational Craft Regulations 2017”; and b omit the entry “The Recreational Craft Regulations 2004” and at the appropriate place insert “The Recreational Craft Regulations 2017”. Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 86 The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 is amended as follows— a in Part 3 of the Schedule, under the heading “Public health and safety” omit the entry “The Recreational Craft Regulations 2004” and after the last entry insert “The Recreational Craft Regulations 2017”; b in Part 8 of the Schedule, omit the entry “The Recreational Craft Regulations 2004” and after the last entry insert “The Recreational Craft Regulations 2017”; and c in Part 13 of the Schedule, omit the entry “The Recreational Craft Regulations 2004” and after the last entry insert “The Recreational Craft Regulations 2017”. Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 87 The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order is amended as follows— a in Part 4 of Schedule 1 omit the entry “The Recreational Craft Regulations 2004” ; and at the end insert “The Recreational Craft Regulations 2017”; and b in Part 2 of Schedule 2 omit the entry “The Recreational Craft Regulations 2004” and at the end insert “The Recreational Craft Regulations 2017”. Review881The Secretary of State must from time to time—acarry out a review of the regulatory provisions contained in these Regulations; andbpublish a report setting out the conclusions of the review.2The first report must be published before the end of the period of 5 years beginning on the commencement date.3Subsequent reports must be published at intervals not exceeding 5 years.4Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other member States.5Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulations must, in particular—aset out the objectives intended to be achieved by the regulatory provisions referred to in paragraph 1(a);bassess the extent to which those objectives are achieved;cassess whether those objectives remain appropriate; anddif those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.6In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act). Transitional provisions 89 1 Nothing in these Regulations prevents the making available on the market of a product which— a is in conformity with the requirements of Directive 94/25/EC on the approximation of laws, regulations and administrative provisions of the Member States relating to recreational craft; and b was placed on the market before the commencement date. 2 Nothing in these Regulations prevents the making available on the market or the putting into service of outboard SI (Spark Ignition) propulsion engines with power equal to less than 15kW which comply with the stage 1 exhaust emission limits laid down in point 2.1 of Part B of Annex 1 of the Directive which are— a manufactured by small or medium-sized enterprises; and b placed on the market before 18th January 2020. <Addition ChangeId="key-24cc10563f13ad88f12521eca627319f-1706706780602" CommentaryRef="key-24cc10563f13ad88f12521eca627319f" Extent="E+W+S">Transitional provisions in relation to EU Exit</Addition>89A1In this regulation, “pre-exit period” means the period beginning on the commencement date and ending immediately before IP completion day.2Subject to paragraph (3), where a product was made available on the market or put into service during the pre-exit period, despite the amendments made by Schedule 28 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.3Paragraph (2) does not apply to—aany obligation of any enforcing authority to inform the European Commission or a member State of any matter; orbany obligation to take action outside of the market in respect of the product.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Revocations and savings901The Recreational Craft Regulations 1996 are revoked save as regard their application to—aany watercraft that was placed on the market or put into service prior to 1st January 2005; andbthe appointment or termination of appointment of any notified body for the purposes of those Regulations.1AFor the purposes of paragraph (1), the Recreational Craft Regulations 1996 have effect with the following modifications—aany reference to “the Community” is to be read as including the United Kingdom;bany reference to a “member State” is to be read as including the United Kingdom;cin Schedule 7 (EC type-examination (module B))—iin paragraph 7 omit “and withdrawn”;iiomit paragraph 8;din Schedules 9 (production quality assurance (module D)) and 12 (full quality assurance (module H))—iin paragraph 5, for “national” substitute “ enforcement ”; andiiin paragraph 6 omit “and withdrawn”;ein Schedule 15 (enforcement), in paragraph 2 omit “with a view to this information being passed by the Secretary of State to the Commission”.2The Recreational Craft Regulations 2004 are revoked save as regards their application to—aany watercraft that was placed on the market or put into service prior to the commencement date; andbthe appointment or termination of appointment of any notified body for the purposes of those Regulations.3“For the purposes of paragraph (2), the Recreational Craft Regulations 2004 have effect with the following modifications—aany reference to “the Community” or “the European Union” is to be read as including the United Kingdom;bany reference to a “member State” is to be read as including the United Kingdom;cin Schedule 7 (EC type-examination)—iin paragraph 7 omit “and withdrawn”;iiomit paragraph 8;din Schedules 9 (production quality assurance), 12 (full quality assurance) and 15 (product quality assurance (module E))—iin paragraph 5, for “national” substitute “ enforcement ”; andiiin paragraph 6 omit “and withdrawn;ein Schedule 17 (enforcement), in paragraph 2 omit “with a view to this information being passed by the Secretary of State to the Commission”. Margot James Parliamentary Under Secretary of State Department for Business, Energy and Industrial Strategy SCHEDULE 1(Annex I of the Directive)Regulation 2(1)A.<Strong>Essential requirements for the design and construction of products referred to in Article 2(1)</Strong>1.WATERCRAFT DESIGN CATEGORIES

Design categoryWind force(Beaufort scale)Significant wave height(H ⅓, metres)Aexceeding 8exceeding 4Bup to, and including, 8up to, and including, 4Cup to, and including, 6up to, and including, 2Dup to, and including, 4up to, and including, 0,3

Explanatory notes:A recreational craft given design category A is considered to be designed for winds that may exceed wind force 8 (Beaufort scale) and significant wave height of 4 m and above but excluding abnormal conditions, such as storm, violent storm, hurricane, tornado and extreme sea conditions or rogue waves.A recreational craft given design category B is considered to be designed for a wind force up to, and including, 8 and significant wave height up to, and including, 4 m.A watercraft given design category C is considered to be designed for a wind force up to, and including, 6 and significant wave height up to, and including, 2 m.A watercraft given design category D is considered to be designed for a wind force up to, and including, 4 and significant wave height up to, and including, 0,3 m, with occasional waves of 0,5 m maximum height.Watercraft in each design category must be designed and constructed to withstand the parameters in respect of stability, buoyancy, and other relevant essential requirements listed in this Annex Schedule, and to have good handling characteristics.

2.GENERAL REQUIREMENTS2.1.<Strong>Watercraft identification</Strong>

Each watercraft shall be marked with an identification number including the following information:

country code of the manufacturer,unique code of the manufacturer assigned by the national authority of the relevant state or on behalf of the Secretary of State,unique serial number,month and year of production,model year.

Detailed requirements for the identification number referred to in the first paragraph are set out in the relevant harmoniseddesignated standard.

2.2.<Strong>Watercraft builder’s plate</Strong>

Each watercraft shall carry a permanently affixed plate mounted separately from the watercraft identification number, containing at least the following information:

manufacturer’s name, registered trade name or registered trade mark, as well as contact address;CE marking, as provided for in Article 18; UK marking, as provided for in regulation 54; watercraft design category in accordance with Section 1;manufacturer’s maximum recommended load derived from point 3.6 excluding the weight of the contents of the fixed tanks when full;number of persons recommended by the manufacturer for which the watercraft was designed.

In the case of post-construction assessment, the contact details and the requirements referred to in point (a) shall include those of the notified approved body which has carried out the conformity assessment.

2.3.<Strong>Protection from falling overboard and means of reboarding</Strong>

Watercraft shall be designed to minimise the risks of falling overboard and to facilitate reboarding. Means of reboarding shall be accessible to or deployable by a person in the water unaided.

2.4.<Strong>Visibility from the main steering position</Strong>

For recreational craft, the main steering position shall give the operator, under normal conditions of use (speed and load), good all-round visibility.

2.5.<Strong>Owner’s manual</Strong>

Each product shall be provided with an owner’s manual in accordance with Article 7(7) and Article 9(4) including the instructions and safety information referred to in regulations 15 and 22. That manual shall provide all the information necessary for safe use of the product drawing particular attention to set up, maintenance, regular operation, prevention of risks and risk management.

3.INTEGRITY AND STRUCTURAL REQUIREMENTS3.1.<Strong>Structure</Strong>

The choice and combination of materials and its construction shall ensure that the watercraft is strong enough in all respects. Special attention shall be paid to the design category in accordance with Section 1, and the manufacturer’s maximum recommended load in accordance with point 3.6.

3.2.<Strong>Stability and freeboard</Strong>

The watercraft shall have sufficient stability and freeboard considering its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6.

3.3.<Strong>Buoyancy and flotation</Strong>

The watercraft shall be constructed as to ensure that it has buoyancy characteristics appropriate to its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6. All habitable multihull recreational craft susceptible of inversion shall have sufficient buoyancy to remain afloat in the inverted position.

Watercraft of less than 6 metres in length that are susceptible to swamping when used in their design category shall be provided with appropriate means of flotation in the swamped condition.

3.4.<Strong>Openings in hull, deck and superstructure</Strong>

Openings in hull, deck(s) and superstructure shall not impair the structural integrity of the watercraft or its weather tight integrity when closed.

Windows, port lights, doors and hatch covers shall withstand the water pressure likely to be encountered in their specific position, as well as point loads applied by the weight of persons moving on deck.

Through hull fittings designed to allow water passage into the hull or out of the hull, below the waterline corresponding to the manufacturer’s maximum recommended load in accordance with point 3.6, shall be fitted with a means of shutoff which shall be readily accessible.

3.5.<Strong>Flooding</Strong>

All watercraft shall be designed so as to minimise the risk of sinking.

Where appropriate, particular attention shall be paid to:

cockpits and wells, which should be self-draining or have other means of keeping water out of the watercraft interior;ventilation fittings;removal of water by pumps or other means.

3.6.<Strong>Manufacturer’s maximum recommended load</Strong>

The manufacturer’s maximum recommended load (fuel, water, provisions, miscellaneous equipment and people (in kilograms)) for which the watercraft was designed, shall be determined in accordance with the design category (Section 1), stability and freeboard (point 3.2) and buoyancy and flotation (point 3.3).

3.7.<Strong>Life raft stowage</Strong>

All recreational craft of design categories A and B, and recreational craft of design categories C and D longer than 6 metres shall be provided with one or more stowage points for a life raft (life rafts) large enough to hold the number of persons the recreational craft was designed to carry as recommended by the manufacturer. Life raft stowage point(s) shall be readily accessible at all times.

3.8.<Strong>Escape</Strong>

All habitable multihull recreational craft susceptible of inversion shall be provided with viable means of escape in the event of inversion. Where there is a means of escape provided for use in the inverted position, it shall not compromise the structure (point 3.1), the stability (point 3.2) or buoyancy (point 3.3) whether the recreational craft is upright or inverted.

Every habitable recreational craft shall be provided with viable means of escape in the event of fire.

3.9.<Strong>Anchoring, mooring and towing</Strong>

All watercraft, taking into account their design category and their characteristics, shall be fitted with one or more strong points or other means capable of safely accepting anchoring, mooring and towing loads.

4.HANDLING CHARACTERISTICS

The manufacturer shall ensure that the handling characteristics of the watercraft are satisfactory with the most powerful propulsion engine for which the watercraft is designed and constructed. For all propulsion engines, the maximum rated engine power shall be declared in the owner’s manual.

5.INSTALLATION REQUIREMENTS5.1.<Strong>Engines and engine compartments</Strong>5.1.1.<Emphasis>Inboard engine</Emphasis>

All inboard mounted engines shall be placed within an enclosure separated from living quarters and installed so as to minimise the risk of fires or spread of fires as well as hazards from toxic fumes, heat, noise or vibrations in the living quarters.

Engine parts and accessories that require frequent inspection and/or servicing shall be readily accessible.

The insulating materials inside the engine compartment shall not sustain combustion.

5.1.2.<Emphasis>Ventilation</Emphasis>

The engine compartment shall be ventilated. The ingress of water into the engine compartment through openings must be minimised.

5.1.3.<Emphasis>Exposed parts</Emphasis>

Unless the engine is protected by a cover or its own enclosure, exposed moving or hot parts of the engine that could cause personal injury shall be effectively shielded.

5.1.4.<Emphasis>Outboard propulsion engine starting</Emphasis>

Every outboard propulsion engine fitted on any watercraft shall have a device to prevent the engine being started in gear, except:

when the engine produces less than 500 Newton’s (N) of static thrust;when the engine has a throttle limiting device to limit thrust to 500 N at the time of starting the engine.

5.1.5.<Emphasis>Personal watercraft running without driver</Emphasis>

Personal watercraft shall be designed either with an automatic propulsion engine cut-off or with an automatic device to provide reduced speed, circular, forward movement when the driver dismounts deliberately or falls overboard.

5.1.6.

Tiller-controlled outboard propulsion engines shall be equipped with an emergency stopping device which can be linked to the helmsman.

5.2.<Strong>Fuel system</Strong>5.2.1.<Emphasis>General</Emphasis>

The filling, storage, venting and fuel-supply arrangements and installations shall be designed and installed so as to minimise the risk of fire and explosion.

5.2.2.<Emphasis>Fuel tanks</Emphasis>

Fuel tanks, lines and hoses shall be secured and separated or protected from any source of significant heat. The material the tanks are made of and their method of construction shall be in accordance with their capacity and the type of fuel.

Petrol fuel tank spaces shall be ventilated.

Petrol fuel tanks shall not form part of the hull and shall be:

protected against fire from any engine and from all other sources of ignition;separated from living quarters.

Diesel fuel tanks may be integral with the hull.

5.3.<Strong>Electrical system</Strong>

Electrical systems shall be designed and installed so as to ensure proper operation of the watercraft under normal conditions of use and shall be such as to minimise risk of fire and electric shock.

All electrical circuits, except engine starting circuits supplied from batteries, shall remain safe when exposed to overload.

Electric propulsion circuits shall not interact with other circuits in such a way that either would fail to operate as intended.

Ventilation shall be provided to prevent the accumulation of explosive gases which might be emitted from batteries. Batteries shall be firmly secured and protected from ingress of water.

5.4.<Strong>Steering system</Strong>5.4.1.<Emphasis>General</Emphasis>

Steering and propulsion control systems shall be designed, constructed and installed in order to allow the transmission of steering loads under foreseeable operating conditions.

5.4.2.<Emphasis>Emergency arrangements</Emphasis>

Every sailing recreational craft and single-propulsion engine non-sailing recreational craft with remote-controlled rudder steering systems shall be provided with emergency means of steering the recreational craft at reduced speed.

5.5.<Strong>Gas system</Strong>

Gas systems for domestic use shall be of the vapour-withdrawal type and shall be designed and installed so as to avoid leaks and the risk of explosion and be capable of being tested for leaks. Materials and components shall be suitable for the specific gas used to withstand the stresses and exposures found in the marine environment.

Each gas appliance intended by the manufacturer for the application for which it is used shall be so installed in accordance with the manufacturer’s instructions. Each gas-consuming appliance must be supplied by a separate branch of the distribution system, and each appliance must be controlled by a separate closing device. Adequate ventilation must be provided to prevent hazards from leaks and products of combustion.

All watercraft with a permanently installed gas system shall be fitted with an enclosure to contain all gas cylinders. The enclosure shall be separated from the living quarters, accessible only from the outside and ventilated to the outside so that any escaping gas drains overboard.

In particular, any permanently installed gas system shall be tested after installation.

5.6.<Strong>Fire protection</Strong>5.6.1.<Emphasis>General</Emphasis>

The type of equipment installed and the layout of the watercraft shall take account of the risk and spread of fire. Special attention shall be paid to the surroundings of open flame devices, hot areas or engines and auxiliary machines, oil and fuel overflows, uncovered oil and fuel pipes and routing of electrical wiring in particular away from heat sources and hot areas.

5.6.2.<Emphasis>Fire-fighting equipment</Emphasis>

Recreational craft shall be supplied with fire-fighting equipment appropriate to the fire hazard, or the position and capacity of fire-fighting equipment appropriate to the fire hazard shall be indicated. The craft shall not be put into service until the appropriate fire-fighting equipment is in place. Petrol engine compartments shall be protected by a fire extinguishing system that avoids the need to open the compartment in the event of fire. Where fitted, portable fire extinguishers shall be readily accessible and one shall be so positioned that it can easily be reached from the main steering position of the recreational craft.

5.7.<Strong>Navigation lights, shapes and sound signals</Strong>

Where navigation lights, shapes and sound signals are fitted, they shall comply with the 1972 COLREG (The International Regulations for Preventing Collisions at Sea) or CEVNI (European Code for Interior Navigations for inland waterways) Regulations as appropriate.

5.8.<Strong>Discharge prevention and installations facilitating the delivery ashore of waste</Strong>

Watercraft shall be constructed so as to prevent the accidental discharge of pollutants (oil, fuel, etc.) overboard.

Any toilet fitted in a recreational craft shall be connected solely to a holding tank system or water treatment system.

Recreational craft with installed holding tanks shall be fitted with a standard discharge connection to enable pipes of reception facilities to be connected with the recreational craft discharge pipeline.

In addition, any through-the-hull pipes for human waste shall be fitted with valves which are capable of being secured in the closed position.

B.<Strong>Essential requirements for exhaust emissions from propulsion engines</Strong>

Propulsion engines shall comply with the essential requirements for exhaust emissions set out in this Part.

1.PROPULSION ENGINE IDENTIFICATION1.1.Each engine shall be clearly marked with the following information:

engine manufacturer’s name, registered trade name or registered trade mark and contact address; and, if applicable, the name and contact address of the person adapting the engine;engine type, engine family, if applicable;a unique engine serial number;CE marking, as provided for in Article 18. UK marking, as provided for in regulation 54.

1.2.

The marks referred to in point 1.1 must be durable for the normal life of the engine and must be clearly legible and indelible. If labels or plates are used, they must be attached in such a manner that the fixing is durable for the normal life of the engine, and the labels/plates cannot be removed without destroying or defacing them.

1.3.

The marks must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during the engine life.

1.4.

The marks must be located so as to be readily visible after the engine has been assembled with all the components necessary for engine operation.

2.EXHAUST EMISSION REQUIREMENTS

Propulsion engines shall be designed, constructed and assembled so that when correctly installed and in normal use, emissions shall not exceed the limit values obtained from point 2.1, Table 1 and point 2.2, Tables 2 and 3:

2.1.

Values applying for the purposes of Article 55(2) and Table 2 of point 2.2:

<Emphasis>Table 1</Emphasis>(g/kWh)TypeCarbon monoxideCO=A+ B∕PnN HydrocarbonsHC=A+ B∕PnN Nitrogen oxidesNOx ParticulatesPTABnABnTwo-stroke spark ignition150,0600,01,030,0100,00,7510,0Not applicableFour-stroke spark ignition150,0600,01,06,050,00,7515,0Not applicableCompression ignition5,0001,52,00,59,81,0

Where A, B and n are constants in accordance with the table, PN is the rated engine power in kW.

2.2.

Values applying from 18 January 2016:

<Emphasis>Table 2</Emphasis>Exhaust emission limits for compression ignition (CI) enginesAlternatively, compression-ignition engines with rated engine power at or above 37 kW and below 75 kW and with a swept volume below 0,9 L/cyl shall not exceed a PT emission limit of 0,20 g/kWh and a combined HC+ NOx emission limit of 5,8 g/kWh.Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission limit of 5,0 g/kWh.Swept VolumeSV(L/cyl)Rated Engine Power PN(kW)ParticulatesPT(g/kWh)Hydrocarbons + Nitrogen OxidesHC+ NOx(g/kWh)SV< 0,9PN< 37The values referred to in table 137≤ PN< 750,34,775≤ PN<37000,155,80,9≤ SV< 1,2PN<37000,145,81,2≤ SV< 2,50,125,82,5≤ SV< 3,50,125,83,5≤ SV< 7,00,115,8

<Emphasis>Table 3</Emphasis>Exhaust emission limits for spark ignition (SI) enginesType of engineRated EnginePower PN(kW)Carbon monoxideCO(g/kWh)Hydrocarbons + Nitrogen OxidesHC+ NOX(g/kWh)Stern-drive and inboard enginesPN≤ 373755373< PN≤ 48535016PN> 48535022Outboard engines and PWC enginesPN≤ 4,3500−5,0× PN304,3< PN≤ 40500−5,0× PN15,7+50PN0,9PN> 4030015,7+50PN0,9

2.3.

Test cycles:

Test cycles and weighting factors to be applied:

The following requirements of ISO standard 8178-4:2007 shall be used, taking into account the values set out in the table below.

For variable speed CI engines test cycle E1 or E5 shall be applied or alternatively, above 130 kW, test cycle E3 may be applied. For variable speed SI engines test cycle E4 shall be applied.

Cycle E1, Mode number12345SpeedRated speedIntermediate speedLow-idle speedTorque, %1007575500Weighting factor0,080,110,190,320,3SpeedRated speedIntermediate speedLow-idle speedCycle E3, Mode number1234Speed, %100918063Power, %100755025Weighting factor0,20,50,150,15Cycle E4, Mode number12345Speed, %100806040IdleTorque, %10071,646,525,30Weighting factor0,060,140,150,250,4Cycle E5, Mode number12345Speed, %100918063IdlePower, %1007550250Weighting factor0,080,130,170,320,3

Notified Approved bodies may accept tests carried out on the basis of other tests cycles as specified in a harmonised designated standard and as applicable for the engine duty cycle.

2.4.<Strong>Application of the propulsion engine family and choice of parent propulsion engine</Strong>

The engine manufacturer shall be responsible for defining those engines from his range which are to be included in an engine family.

A parent engine shall be selected from an engine family in such a way that its emissions characteristics are representative for all engines in that engine family. The engine incorporating those features that are expected to result in the highest specific emissions (expressed in g/kWh), when measured on the applicable test cycle, should normally be selected as the parent engine of the family.

2.5.<Strong>Test fuels</Strong>

The test fuel used for exhaust emission testing shall meet the following characteristics:

Petrol FuelsPropertyRF-02-99UnleadedRF-02-03UnleadedminmaxminmaxResearch Octane Number (RON)95—95—Motor Octane Number (MON)85—85—Density at 15 oC (kg/m3)748762740754Initial boiling point (°C)24402440Mass fraction of sulphur (mg/kg)—100—10Lead content (mg/l)—5—5Reid vapour pressure (kPa)5660——Vapour pressure (DVPE) (kPa)——5660Diesel FuelsPropertyRF-06-99RF-06-03minmaxminmaxCetane number52545254Density at 15 oC (kg/m3)833837833837Final boiling point (°C)—370—370Flash point (°C)55—55—Mass fraction of sulphur (mg/kg)To be reported300 (50)—10Mass fraction of ash (%)To be reported0,01—0,01

Notified Approved bodies may accept tests carried out on the basis of other tests fuel as specified in a harmonised designated standard.

3.DURABILITY

The manufacturer of the engine shall supply engine installation and maintenance instructions, which if applied should mean that the engine in normal use will continue to comply with the limits set out in points 2.1 and 2.2 throughout the normal life of the engine and under normal conditions of use.

This information shall be obtained by the engine manufacturer by use of prior endurance testing, based on normal operating cycles, and by calculation of component fatigue so that the necessary maintenance instructions may be prepared by the manufacturer and issued with all new engines when first placed on the market.

The normal life of the engine is as follows:

For CI engines: 480 hours of operation or 10 years, whichever occurs first;For SI inboard or stern drive engines with or without integral exhaust:for the engine category PN≤ 373 kW: 480 hours of operation or 10 years, whichever occurs first,for engines in the category 373< PN≤ 485 kW: 150 hours of operation or three years, whichever occurs first,for the engine category PN> 485 kW: 50 hours of operation or one year, whichever occurs first;personal watercraft engines: 350 hours of operation or five years, whichever occurs first;outboard engines: 350 hours of operation or 10 years, whichever occurs first

4.OWNER’S MANUAL

Each engine shall be provided with an owner’s manual in a language or languages which can be easily understood by consumers and other end-users, as determined by the relevant state in which the engine is to be marketed English.

The owner’s manual shall:

provide instructions for the installation, use and maintenance needed to assure the proper functioning of the engine to meet the requirements of Section 3 (Durability);specify the power of the engine when measured in accordance with the harmonised designated standard.

C.<Strong>Essential requirements for noise emissions</Strong>

Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall comply with the essential requirements for noise emissions set out in this Part.

1.NOISE EMISSION LEVELS1.1.Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall be designed, constructed and assembled so that noise emissions shall not exceed the limit values in the following table:Rated Engine Power(single engine)In kWMaximum Sound Pressure Level = LpASmaxIn dBPN≤ 106710< PN≤ 4072PN> 4075

where PN = rated engine power in kW of a single engine at rated speed and LpASmax = maximum sound pressure level in dB.

For twin-engine and multiple-engine units of all engine types an allowance of 3 dB may be applied.

1.2.

As an alternative to sound measurement tests, recreational craft with inboard engine configuration or stern drive engine configuration, without integral exhaust, shall be deemed to comply with the noise requirements set out in point 1.1 if they have a Froude number of ≤ 1,1 and a Power to Displacement ratio of ≤ 40 and where the engine and exhaust system are installed in accordance with the engine manufacturer’s specifications.

1.3.‘Froude number’ F<Inferior>n</Inferior> shall be calculated by dividing the maximum recreational craft speed V (m/s) by the square root of the waterline length lwl (m) multiplied by a given gravitational acceleration constant, g, of 9,8 m/s<Superior>2</Superior>.

Fn=Vg. lwl

‘Power to Displacement ratio’ shall be calculated by dividing the rated engine power PN (in kW) by the recreational craft’s displacement D (in tonnes)

Power to Displacement ratio=PND

2.OWNER’S MANUAL

For recreational craft with inboard engine or stern drive engines without integral exhaust and personal watercraft, the owner’s manual required under point 2.5 of Part A, shall include information necessary to maintain the recreational craft and exhaust system in a condition that, insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.

For outboard engines and stern drive engines with integral exhaust, the owner’s manual required under Section 4 of Part B shall provide the instructions necessary to maintain the engine in a condition, that insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.

3.DURABILITY

The provisions on the durability in Section 3 of Part B shall apply mutatis mutandis to the compliance with the requirements on noise emissions set out in Section 1 of this part.

SCHEDULE 2(Annex II of the Directive)<Strong>COMPONENTS OF WATERCRAFT</Strong>Regulation 2(1)

Ignition-protected equipment for inboard and stern drive petrol engines and petrol tank spaces;Start-in-gear protection devices for outboard engines;Steering wheels, steering mechanisms and cable assemblies;Fuel tanks intended for fixed installations and fuel hoses;Prefabricated hatches, and port lights.

SCHEDULE 3(Annex III of the Directive)<Strong>DECLARATION BY THE MANUFACTURER OR THE IMPORTER OF THE PARTLY COMPLETED WATERCRAFT (ARTICLE 6(2))</Strong>Regulation 7

The declaration by the manufacturer or the importer established in the Union referred to in Article 6(2) established in the United Kingdom referred to in regulation 7(1)(b) shall contain the following:

the name and address of the manufacturer;the name and address of the representative of the manufacturer established in the Union established in the United Kingdom or, if appropriate, of the person responsible for the placing on the market;a description of the partly completed watercraft;a statement that the partly completed watercraft complies with the essential requirements that apply at this stage of construction; this shall include references to the relevant harmonised designated standards used, or references to the specifications in relation to which compliance is declared at this stage of construction; furthermore, it is intended to be completed by other legal or natural persons in full compliance with this Directive these Regulations.

SCHEDULE 4(Annex IV of the Directive)<Strong><Repeal ChangeId="key-c6afe599da922fdd21f35a78d6136e01-1708355552219" CommentaryRef="key-c6afe599da922fdd21f35a78d6136e01" RetainText="true" Extent="E+W+S">EU</Repeal> DECLARATION OF CONFORMITY No xxxxx</Strong>Regulation 10

No xxxxx (Product: product, batch, type, or serial number):Name and address of the manufacturer or his authorised representative [The authorised representative must also give the business name and address of the manufacturer] or the private importer.This declaration of conformity is issued under the sole responsibility of the manufacturer or the private importer or the person referred to in Article 19(3) or (4) of Directive 2013/53/EUregulation 43(2) or (3) of the Recreational Craft Regulations 2017 (S.I. 2017/737, “the Regulations”).Object of the declaration (identification of product allowing traceability. It may include a photograph, where appropriate):The object of the declaration described in point 4 is in conformity with the relevant Union harmonisation legislation statutory requirements:References to the relevant harmonised designated standards used or references to the other technical specifications in relation to which conformity is declared:Where applicable, the notified approved body … (name, number) performed … (description of intervention) and issued the certificate:Identification of the person empowered to sign on behalf of the manufacturer or his authorised representativeAdditional information:The EU declaration of conformity shall include a statement of the propulsion engine manufacturer and that of the person adapting an engine in accordance with points (b) and (c) of Article 6(4) regulation 7(1)(c)(iii) that:when installed in a watercraft, in accordance with the installation instructions accompanying the engine, the engine will meet:the exhaust emission requirements of this Directive the Regulations;the limits of Directive 97/68/EC as regards engines type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2 of Annex I to that Directive; orthe limits of Regulation (EC) No 595/2009 as regards engines type-approved in accordance with that Regulation.The engine must not be put into service until the watercraft into which it is to be installed has been declared in conformity, if so required, with the relevant provision of this Directive the Regulations.If the engine has been placed on the market during the additional transitional period provided for in Article 55(2) regulation 89(2), the EU declaration of conformity shall contain an indication thereof.Signed for and on behalf of:(place and date of issue)(name, function) (signature)

SCHEDULE 5(Annex V of the Directive)<Strong>EQUIVALENT CONFORMITY BASED ON POST-CONSTRUCTION ASSESSMENT (MODULE PCA)</Strong>Regulation 48

Conformity based on post-construction assessment is the procedure to assess the equivalent conformity of a product for which the manufacturer has not assumed the responsibility for the product’s conformity with this Directive these Regulations, and whereby a natural or legal person referred to in Article 19(2), (3) or (4) regulation 43(1), (2) or (3) who is placing the product on the market or putting it into service under his own responsibility is assuming the responsibility for the equivalent conformity of the product. This person shall fulfill the obligations laid down in points 2 and 4 and ensure and declare on his sole responsibility that the product concerned, which has been subject to the provisions of point 3, is in conformity with the applicable requirements of this Directive these Regulations.The person who is placing the product on the market or putting it into service shall lodge an application for a post-construction assessment of the product with a notified an approved body and must provide the notified the approved body with the documents and technical file enabling the notified the approved body to assess the conformity of the product with the requirements of this Directive these Regulations and any available information on the use of the product after its first putting into service.The person who is placing such a product on the market or putting it into service shall keep these documents and information at the disposal of the relevant national authorities enforcing authority for 10 years after the product has been assessed on its equivalent conformity in accordance with the post-construction assessment procedure.The notified approved body shall examine the individual product and carry out calculations, tests and other assessments, to the extent necessary to ensure that the equivalent conformity of the product with the relevant requirements of this Directive these Regulations is demonstrated.The notified approved body shall draw up and issue a certificate and a related report of conformity concerning the assessment carried out and shall keep a copy of the certificate and related report of conformity at the disposal of the national authorities enforcing authority for 10 years after it has issued these documents.The notified approved body shall affix its identification number next to the CE UK marking on the approved product or have it affixed under its responsibility.In case the assessed product is a watercraft, the notified approved body shall also have affixed, under his responsibility, the watercraft identification number as referred to in point 2.1 of Part A of Annex I Schedule 1, whereby the field for the country code of the manufacturer shall be used to indicate the country of establishment of the notified approved body and the fields for the unique code of the manufacturer assigned by the national authority of the relevant state or on behalf of the Secretary of State to indicate the post-construction assessment identification code assigned to the notified approved body, followed by the serial number of the post-construction assessment certificate. The fields in the watercraft identification number for the month and year of production and for the model year shall be used to indicate the month and year of the post-construction assessment.CE marking and EU declaration of conformityUK marking and declaration of conformity The person who is placing the product on the market or putting it into service shall affix the CE UK marking and, under the responsibility of the notified approved body referred to in Section 3, the latter’s identification number to the product for which the notified approved body has assessed and certified its equivalent conformity with the relevant requirements of this Directive these Regulations.The person who is placing the product on the market or putting it into service shall draw up an EU a declaration of conformity and keep it at the disposal of the national authorities enforcing authority for 10 years after the date the post-construction assessment certificate has been issued. The declaration of conformity shall identify the product for which it has been drawn up.A copy of the EU the declaration of conformity shall be made available to the relevant authorities enforcing authority upon request.In the case the assessed product is a watercraft, the person who is placing the watercraft on the market or putting it into service shall affix to the watercraft the builder’s plate described in point 2.2 of Part A of Annex I Schedule 1, which shall include the words ‘post-construction assessment’, and the watercraft identification number described in point 2.1 of Part A of Annex I Schedule 1, in accordance with the provisions set out in Section 3.The notified approved body shall inform the person who is placing the product on the market or putting it into service of his obligations under this post-construction assessment procedure.

SCHEDULE 6(Annex VI of the Directive)<Strong>SUPPLEMENTARY REQUIREMENTS WHEN INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCTION TESTS SET OUT IN MODULE A1 IS USED (ARTICLE 24(2))</Strong>Regulation 50

Design and constructionOn one or several watercrafts representing the production of the manufacturer one or more of the following tests, equivalent calculation or control shall be carried out by the manufacturer or on his behalf:test of stability in accordance with point 3.2 of Part A of Annex I Schedule 1;test of buoyancy characteristics in accordance with point 3.3 of Part A of Annex I Schedule 1.

Noise emissionsFor recreational craft fitted with inboard or stern drive engines without integral exhaust and for personal watercraft, on one or several watercraft representing the production of the watercraft manufacturer, the sound emission tests defined in Part C of Annex I Schedule 1 shall be carried out by the watercraft manufacturer, or on his behalf, under the responsibility of a notified an approved body chosen by the manufacturer.

For outboard engines and stern drive engines with integral exhaust, on one or several engines of each engine family representing the production of the engine manufacturer, the sound emission tests defined in Part C of Annex I Schedule 1 shall be carried out by the engine manufacturer, or on his behalf, under the responsibility of a notified an approved body chosen by the manufacturer.

Where more than one engine of an engine family is tested, the statistical method described in Annex VII Schedule 7 shall be applied to ensure conformity of the sample.

SCHEDULE 7(Annex VII of the Directive)<Strong>CONFORMITY OF PRODUCTION ASSESSMENT FOR EXHAUST AND NOISE EMISSIONS</Strong>Regulation 51

For verifying the conformity of an engine family, a sample of engines shall be taken from the series. The manufacturer shall decide the size (n) of the sample, in agreement with the notified approved body.The arithmetical mean X of the results obtained from the sample shall be calculated for each regulated component of the exhaust and noise emission. The production of the series shall be deemed to conform to the requirements (‘pass decision’) if the following condition is met:X+ k. S≤ LS is standard deviation, where:S2=∑x− X2∕n− 1Xthe arithmetical mean of the results obtained from the samplexthe individual results obtained from the sampleLthe appropriate limit valuenthe number of engines in the samplekstatistical factor depending on n (see table below)If n ≥ 20 then k=0,860∕n.n2345678910111213141516171819k0,9730,6130,4890,4210,3760,3420,3170,2960,2790,2650,2530,2420,2330,2240,2160,210,2030,198

SCHEDULE 8(Annex VIII of the Directive)<Strong>SUPPLEMENTARY PROCEDURE TO BE APPLIED UNDER CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL (MODULE C)</Strong>Regulation 52

In the cases referred to in Article 24(5) regulation 52 when the quality level appears unsatisfactory, the following procedure shall apply:

An engine is taken from the series and subjected to the test described in Part B of Annex I Schedule 1. Test engines shall have been run in, partially or completely, in accordance with the manufacturer’s specifications. If the specific exhaust emissions of the engine taken from the series exceed the limit values in accordance with Part B of Annex I Schedule 1, the manufacturer may ask for measurements to be done on a sample of engines taken from the series and including the engine originally taken. To ensure the conformity of the sample of engines with the requirements of this Directive these Regulations, the statistical method described in Annex VII Schedule 7 shall be applied.

SCHEDULE 9(Annex IX of the Directive)<Strong>TECHNICAL DOCUMENTATION</Strong>Regulation 9

The technical documentation referred to in Article 7(2) and Article 25 shall, as far as it is relevant for the assessment, contain the following:A general description of the type;Conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, and other relevant data;Descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the product;A list of the standards referred to in Article 14 regulation 41, applied in full or in part, and descriptions of the solutions adopted to fulfil the essential requirements when the standards referred to in Article 14 regulation 41 have not been applied;Results of design calculations made, examinations carried out and other relevant data;Test reports, or calculations namely on stability in accordance with point 3.2 of Part A of Annex I Schedule 1 and on buoyancy in accordance with point 3.3 of Part A of Annex I Schedule 1;Exhaust emissions test reports demonstrating compliance with Section 2 of Part B of Annex I Schedule 1;Sound emissions test reports demonstrating compliance with Section 1 of Part C of Annex I Schedule 1.

SCHEDULE 10EU-type examinationRegulation 491For the purposes of regulation 49, the conformity assessment carried out in accordance with Module B will be carried out in the manner set out in paragraphs 2, 3 and 4.2The conformity assessment must include an assessment of the adequacy of the technical design of the watercraft through examination of the technical documentation specified in paragraph 3, plus examination of specimens, representative of the production envisaged, of one or more critical parts of the watercraft (combination of production type and design type).3The conformity assessment must include an assessment of the adequacy of the following technical documentation—aconceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc;bdescriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the watercraft;ca list of the harmonised standards and/or other relevant technical specifications the references of which have been published in the Official Journal of the European Union, applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of the legislative instrument where those harmonised standards have not been applied. In the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied;dresults of design calculations made, examinations carried out, etc.;etest reports; andfthe supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents that have been used, in particular where the relevant harmonised standards and/or technical specifications have not been applied in full. The supporting evidence shall include, where necessary, the results of tests carried out by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer’s behalf and under the manufacturer’s responsibility.4The technical documentation must include a general description of the watercraft.SCHEDULE 11<Repeal ChangeId="key-d70091ef2cdc811127dba4d75b518d11-1706727223379" CommentaryRef="key-d70091ef2cdc811127dba4d75b518d11" RetainText="true" SubstitutionRef="M_F_9ad94457-907d-4fba-8f8c-14e933556bfb-1706727275878" Extent="E+W+S">Requirements of notified bodies</Repeal><Addition ChangeId="M_F_9ad94457-907d-4fba-8f8c-14e933556bfb-1706727275878" CommentaryRef="key-d70091ef2cdc811127dba4d75b518d11" Extent="E+W+S">Requirements of approved bodies</Addition>Regulation 2(1)11A conformity assessment body must have legal personality and must be established in—athe United Kingdom; orbthe territory of a party to the CPTPP.2In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.2A conformity assessment body must be a third-party body independent of the organisation or the watercraft it assesses.3A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of products which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.4A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment must not be the—adesigner;bmanufacturer;csupplier;dinstaller;epurchaser;fowner;guser; orhmaintainerof the watercraft which the conformity assessment body assesses, nor the representative body of any of these persons.5Nothing in paragraph 4 of this Schedule will preclude the use of assessed products that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes.6A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment must not be directly involved in the—adesign or manufacture;bmarketing;cinstallation;duse or maintenanceof the watercraft, or represent the persons engaged in those activities.7A conformity assessment body must not engage in any activity, including consultancy services, that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are approved.8Conformity assessment bodies must ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.9Conformity assessment bodies and their personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.10A conformity assessment body must be capable of carrying out the conformity assessment tasks assigned to it by regulations 42 (applicable conformity assessment procedures) to 52 (conformity assessments carried out under module C (conformity to type based on internal production control)) and in relation to which it has been approved, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.11At all times and for each conformity assessment procedure and each kind or category of products in relation to which it has been approved, a conformity assessment body must have at its disposal, the necessary—apersonnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;bdescriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures;cpolicies and procedures in place to distinguish between tasks that it carries out as an approved body and other activities;dprocedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the technology of the watercraft in question and the mass or serial nature of the production process; andemeans to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to all necessary equipment and facilities to perform these activities.12The personnel responsible for carrying out the conformity assessment activities must have—asound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been approved;bsatisfactory knowledge of the requirements of the assessments that they carry out and adequate authority to carry out those assessments.SCHEDULE 12<Repeal ChangeId="key-198cee3a118db860bfdf7c2804ad2c9d-1706776602438" CommentaryRef="key-198cee3a118db860bfdf7c2804ad2c9d" RetainText="true" SubstitutionRef="M_F_6a249854-9b2b-4f92-ebec-3b47d83f7159-1706776657669">Operational requirements of notified bodies</Repeal> <Substitution ChangeId="key-198cee3a118db860bfdf7c2804ad2c9d-1706777177000" CommentaryRef="key-198cee3a118db860bfdf7c2804ad2c9d">Operational requirements of approved bodies</Substitution>Regulation 2(1)1Approved bodies must carry out conformity assessments in accordance with the conformity assessment procedures provided for in regulations 42 (applicable conformity assessment procedures) to 52 (conformity assessments carried out under module C (conformity to type based on internal production control)).2Conformity assessments must be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators and private importers. Conformity assessment bodies must perform their activities taking due account of the size of an undertaking the sector in which it operates, its structure, the degree of complexity of the watercraft technology in question and the mass or serial nature of the production process.3Conformity assessment bodies must respect the degree of rigour and level of protection required for the compliance of the watercraft with these Regulations.4Where an approved body finds that the requirements of regulation 6 (essential requirements) and Schedule 1 or the corresponding designated standards have not been met by the manufacturer or a private importer, that body must require that the manufacturer or private importer takes appropriate corrective measures and must not issue a conformity assessment certificate until the appropriate corrective measures have been taken.5Where, in the course of the monitoring of the conformity of the watercraft following the issue of a conformity assessment certificate, an approved body finds that a watercraft is no longer in compliance, it will require the manufacturer to take appropriate corrective measures and must suspend or withdraw the conformity assessment certificate if necessary.6Where corrective measures are not taken or do not have the required corrective effect, the approved body must restrict, suspend or withdraw any conformity assessment certificates as appropriate.71An approved body must inform the Secretary of State in writing of—aany refusal, restriction, suspension or withdrawal of a conformity assessment certificate;bany circumstances affecting the scope of and conditions for approval; andcany request for information which the approved body has received from a market surveillance authority regarding conformity assessment activities.2An approved body must, following a request from the Secretary of State, inform the Secretary of State in writing of any conformity assessment activities performed within the scope of its approval provided under regulation 56 and any other activity performed, including cross-border activities and subcontracting.8An approved body must make provision in its contracts with its clients enabling such clients to appeal against a decision—ato refuse to issue a certificate of conformity or grant approval; andbto restrict, suspend or withdraw a certificate of conformity or approval.9 An approved body must provide other bodies approved under these Regulations carrying on similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.10An approved body must participate in the work of any approved body coordination group established by the Secretary of State, directly or by means of its designated representatives. SCHEDULE 13 Enforcement and investigatory powers conferred on the market surveillance authority Regulation 67 Enforcement powers under the 1987 Act 1 For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2— a section 13 (prohibition notices and notices to warn); b section 14 (suspension notices); c section 16 (forfeiture: England and Wales and Northern Ireland); d section 17 (forfeiture: Scotland); e section 18 (power to obtain information); f section 19 (interpretation of Part II); g section 29 (powers of search etc); h section 30 (provisions supplemental to s 29); i section 31 (powers of customs officer to detain goods); j section 33 (appeals against detention of goods); k section 34 (compensation for seizure and detention); l section 35 (recovery of expenses of enforcement); m section 37 (power of Commissioners for Revenue and Customs); n section 42 (reports, etc.); o section 45 (interpretation); p section 46(1) (meaning of “supply”); q Schedule 2 (prohibition notices and notices to warn). Modifications to the 1987 Act 2 The sections of the 1987 Act referred to in paragraph 1 are to apply as if— a in section 13— i in subsection (1), for “unsafe” on each occasion that it appears, there were substituted “non-compliant”; ii in subsection (1), “relevant” were omitted on each occasion that it appears; iii in subsection (2), the words from “; and the Secretary of State may” to the end were omitted; iv in subsection (4), the words “three months” were substituted for the words “six months;” v subsections (5) to (7) were omitted; b in section 14— i in subsection (1), after “any safety provision has been contravened in relation to the goods”, there were inserted “or that such goods present a risk”; ii in subsection (2)(b), after “a safety provision has been contravened in relation to the goods”, there were inserted “or that such goods present a risk”; iii in subsection (2)(c), “under section 15 below” was omitted; iv subsections (6) to (8) were omitted; c in section 16— i in subsection (1), after “a contravention in relation to the goods of a safety provision” there were inserted “or that such goods present a risk”; ii in subsection (3), after “a contravention in relation to the goods of a safety provision” there were inserted “or that such goods present a risk”; iii after subsection (4), there were inserted— 4A A court may infer for the purposes of this section that any goods present a risk, if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise). ; d in section 17— i in subsection (1), after “a contravention of a safety provision”, there were inserted “or where the goods present a risk”; ii in subsection (6), after “a contravention in relation to those goods of a safety provision” there were inserted “or that those goods present a risk”; iii after subsection (7), there were inserted— 7A The Sheriff may infer for the purposes of this section that any goods present a risk, if satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise). ; e in section 18, subsections (3) and (4) were omitted; f in section 29— i in subsection (4)(a), after “any contravention of any safety provision in relation to the goods” there were inserted “or whether the goods present a risk”; ii in subsection (4)(b), after “any such contravention” there were inserted “or whether the goods present a risk”; g in section 30— i at the end of subsection (2)(a)(ii), for “and” there were substituted “or”; ii after subsection (2)(a)(ii), there were inserted— iii that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk; and ; and iii subsections (5), (7) and (8) were omitted; h in section 31(1), for “Part II of this Act”, there were substituted “the 2017 Regulations”; i in section 34— i omit the word “and” at the end of subsection (1)(a); and ii after that subsection, insert— aa the goods do not present a risk; and ; j in section 37(1), for “Part II of this Act”, there were substituted “the 2017 Regulations”; k in section 42— i subsections (1), (2) and (5) were omitted; ii in subsection (3)— aa the words from “and every person” to “section 27 above” were omitted; and bb the words “under that section or by that person by virtue of any such regulations” were substituted by “under the 2017 Regulations”; l in section 45(1)— i the definitions of “conditional sale agreement”, “gas”, “motor vehicle”, “personal injury”, “subordinate legislation” and “substance” were omitted; ii before the definition of “aircraft”, there were inserted— “2017 Regulations” means the Recreational Craft Regulations 2017 ; iii for the definition of “enforcing authority” there were substituted— “enforcing authority” has the same meaning as in regulation 2(1) of the 2017 Regulations; ; iv for the definition of “goods” there were substituted— “goods” means products or within the scope of the 2017 Regulations; ; v after the definition of “modifications” there were inserted— “non-compliant” in relation to any goods means that— a safety provision has been contravened in relation to the goods; or the goods present a risk; ; vi after the definition of “premises”, there were inserted— “present a risk” means present a risk within the meaning of “risk” set out in regulation 2(3) of the 2017 Regulations; ; vii for the definition of “safety provision” there were substituted— “safety provision” means any provision of the 2017 Regulations ; and viii for the definition of “safety regulations” there were substituted— “safety regulations” means the 2017 Regulations; ; m in section 46(1), omit “and, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use”; and n in Schedule 2— i for “unsafe”, on each occasion that it appears, there were substituted “non-compliant”; and ii for “safe”, on each occasion that it appears, there were substituted “not non-compliant”. SCHEDULE 14Compliance notices, withdrawal notices and recall noticesRegulation 67Compliance notice1An enforcing authority may serve a compliance notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that there is non-compliance.2A compliance notice must—arequire the relevant economic operator on which it is served to—iend the non-compliance within such period as may be specified in the notice; oriiprovide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the market surveillance authority that the non-compliance has not in fact occurred; andbwarn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken in respect of the product or any product of the same type made available on the market by that relevant economic operator.3A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.4Subject to paragraph 5, an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.5An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.Withdrawal notice6An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of product if the authority has reasonable grounds for believing that—athe product has been made available on the market; andbthere is non-compliance.7A withdrawal notice must prohibit the relevant economic operator from making the product available on the market without the consent of the market surveillance authority.8A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the product.9A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any product referred to in the notice.10A consent given by the enforcing authority pursuant to a withdrawal notice may impose such conditions on the making available on the market of the product as the enforcing authority considers appropriate.11Subject to paragraph 7, an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.12An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.Recall notice13The enforcing authority may serve a recall notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that—athe product has been made available to end-users; andbthere is non-compliance.14A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the product from end-users to the relevant economic operator or another person specified in the notice.15A recall notice may—arequire the recall to be effected in accordance with a code of practice;brequire the relevant economic operator to—icontact end-users in order to inform them of the recall, to the extent that it is practicable to do so;iipublish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the product poses and the fact of the recall; oriiimake arrangements for the collection or return of the product from end-users or its disposal; orcimpose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the product.16In determining what requirements to include in a recall notice, the market surveillance authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.17A recall notice may only be issued by the market surveillance authority where—aother action which it may require under these Regulations would not suffice to address the non-compliance;bthe action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;cthe market surveillance authority has given not less than 10 days’ notice to the relevant economic operator of its intention to serve such a notice; anddthe market surveillance authority has taken account of any advice obtained under paragraph 18.18A relevant economic operator which has received notice from the market surveillance authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such persons as the Institute determines on the questions of—awhether there is non-compliance; andbwhether the issue of a recall notice would be proportionate.19Sub-paragraphs 17(b), (c) and (d) do not apply in the case of product presenting a serious risk requiring, in the view of the market surveillance authority, urgent action.20Where a relevant economic operator requires the enforcing authority to seek advice under paragraph 18, that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the market surveillance authority.21In this Schedule, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.22A recall notice served by the market surveillance authority may require the relevant economic operator to keep the authority informed of the whereabouts of products to which the recall notice relates, so far as the relevant economic operator is able to do so.23Subject to paragraph 24, a market surveillance authority may revoke or vary a recall notice by serving a notification on the economic operator.24A market surveillance authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.Interpretation25In this Schedule, “non-compliance” means that a product—apresents a risk; orbis not in conformity with Part 2 or RAMS (in its application to the product).SCHEDULE 15<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity assessment procedures</Addition> Regulations 42, 44 to 47, 50 to 52 and 54MODULE A<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Internal production control</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Internal production control</Addition>1Internal production control is the conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2 to 4; andbensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Technical documentation</Addition>21The manufacturer must draw up the technical documentation.2The technical documentation must—amake it possible to assess the product's conformity with the essential requirements that apply to it;binclude an adequate analysis and assessment of any risks;cspecify the essential requirements that apply to the product; anddcover, as far as relevant for the assessment, the design, manufacture and operation of the product.3The technical documentation must contain, where applicable, at least the following—aa general description of the product;bconceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;cdescriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;da list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);ewhere designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;fresults of design calculations made and examinations carried out;gtest reports.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>3The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured product with—athe technical documentation referred to in paragraph 2; andbthe essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>41The manufacturer must affix the UK marking to each individual product that meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.MODULE A1<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Internal production control plus supervised product testing</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Internal production control plus supervised product testing</Addition>1Internal production control plus supervised product testing is the conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2 to 5; andbensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Technical documentation</Addition>21The manufacturer must draw up the technical documentation.2The technical documentation must—amake it possible to assess the product's conformity with the essential requirements that apply to it;binclude an adequate analysis and assessment of any risks;cspecify the essential requirements that apply to the product; anddcover, as far as relevant for the assessment, the design, manufacture and operation of the product.3The technical documentation must contain, where applicable, at least the following—aa general description of the product;bconceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;cdescriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;da list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);ewhere designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;eresults of design calculations made and examinations carried out;ftest reports.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>3The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured product with—athe technical documentation referred to in paragraph 2; andbthe essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Product checks</Addition>41For each individual product manufactured, one or more tests on one or more specific aspects of the product must be carried out on the manufacturer's behalf in order to verify the product's conformity with the essential requirements that apply to it.2The tests must be carried out under the responsibility of an approved body chosen by the manufacturer.3The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number to the product during the manufacturing process.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>51The manufacturer must affix the UK marking to each individual product that meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.MODULE B<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Type examination</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Type examination</Addition>1Type examination is the part of a conformity assessment procedure in which an approved body—aexamines the technical design of a product; andbverifies and attests that the technical design of the product meets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">How type examination must be carried out, etc.</Addition>21The conformity assessment procedure must include an assessment of the adequacy of the technical design of the product through examination of the technical documentation and supporting evidence referred to in paragraph 3, plus examination of specimens, representative of the production envisaged, of one or more critical parts of the product (combination of production type and design type).2The assessment referred to in sub-paragraph (1) may cover several versions of the product if—athe differences between the versions of the product do not affect the level of safety and the other requirements concerning the performance of the product; andbthe different versions of the product are referred to in the corresponding type examination certificate, if necessary by means of amendments to the original certificate.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Application for type examination</Addition>31The manufacturer must lodge an application for type examination with a single approved body of the manufacturer's choice.2The application must include—athe name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of the authorised representative;ba declaration that the same application has not been lodged with any other approved body;cthe technical documentation;dthe specimens representative of the production envisaged; andethe supporting evidence for the adequacy of the technical design solution.3The manufacturer must, if requested by the approved body, provide further specimens if needed for carrying out the test programme.4The technical documentation referred to in sub-paragraph (2)(c) must—amake it possible to assess the product's conformity with the essential requirements that apply to it;binclude an adequate analysis and assessment of any risks;cspecify the essential requirements that apply to the product; anddcover, as far as relevant for the assessment, the design, manufacture and operation of the product.5The technical documentation referred to in sub-paragraph (2)(c) must contain, where applicable, at least the following—aa general description of the product;bconceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;cdescriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;da list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);ewhere designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;fresults of design calculations made and examinations carried out;gtest reports.5The supporting evidence for the adequacy of the technical design solution referred to in sub-paragraph (2)(e) must—amention any documents that have been used, in particular where the relevant designated standards or technical specifications have not been applied in full; andbinclude, where necessary, the results of tests carried out by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under the manufacturer's responsibility.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Examination, etc. by approved body</Addition>41The approved body must examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the product.2The approved body must—averify that the specimen has been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant designated standards or technical specifications, as well as the elements which have been designed without applying the relevant provisions of those standards or specifications;bcarry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards or technical specifications, these have been applied correctly;ccarry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant designated standards or technical specifications have not been applied, the solutions adopted by the manufacturer meet the essential requirements covered by the standards or specifications; anddagree with the manufacturer on a location where the examinations and tests will be carried out.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Evaluation report</Addition>5The approved body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes. Without prejudice to its obligations vis-à vis the Secretary of State, the approved body may release the content of the report, in full or in part, only with the agreement of the manufacturer.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Type examination certificate</Addition>61Where the type meets the essential requirements that apply to the product concerned, the approved body must issue a type examination certificate to the manufacturer.2The certificate (which may have one or more annexes attached) must contain—athe name and address of the manufacturer;bthe conclusions of the examination;cthe conditions (if any) for its validity;dthe necessary data for identification of the approved type; andeall relevant information to allow the conformity of manufactured products with the examined type to be evaluated and to allow for in-service control.3Where the type does not meet the essential requirements that apply to the product concerned, the approved body must refuse to issue a type examination certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Changes</Addition>71The approved body must keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the essential requirements that apply to the product concerned and must determine whether such changes require further investigation. If so, the approved body must inform the manufacturer accordingly.2The manufacturer must inform the approved body that holds the technical documentation relating to the type examination certificate of all modifications to the approved type that may affect the conformity of the product with the essential requirements that apply to it or the conditions for validity of the certificate. Such modifications require additional approval in the form of an addition to the original type examination certificate.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Approved body's duties in respect of type examination certificates</Addition>81The approved body must inform the Secretary of State about the type examination certificates and any additions thereto which it has issued or withdrawn and must, periodically or upon request, make available to the Secretary of State a list of certificates and any additions thereto refused, suspended or otherwise restricted.2The approved body must inform the other approved bodies about the type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted and, upon request, about such certificates and additions thereto which it has issued.3The approved body must, on request, provide the Secretary of State and other approved bodies with a copy of the type examination certificates and additions thereto which it has issued.4The approved body must, on request, provide the Secretary of State with a copy of the technical documentation and the results of the examinations carried out by the approved body.5The approved body must keep a copy of the type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of the certificate.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturer's duties in respect of type examination certificates</Addition>9The manufacturer must keep a copy of the type examination certificate, its annexes and additions together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market.MODULE C<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on internal production control</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on internal production control</Addition>1Conformity to type based on internal production control is the part of a conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2 and 3; andbensures and declares that the product concerned is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>2The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with—athe approved type described in the type examination certificate; andbthe essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>31The manufacturer must affix the UK marking to each individual product thatis in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.MODULE C1<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on internal production control plus supervised product testing</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on internal production control plus supervised product testing</Addition>1Conformity to type based on internal production control plus supervised product testing is the part of a conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2 to 4; andbensures and declares on the manufacturer's sole responsibility that the product concerned—iis in conformity with the type described in the type examination certificate; andiimeets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>2The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with—athe type described in the type examination certificate; andbthe essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Product checks</Addition>31For each individual product manufactured, one or more tests on one or more specific aspects of the product must be carried out on the manufacturer's behalf in order to verify the product's conformity with the essential requirements that apply to it.2The tests must be carried out under the responsibility of an approved body chosen by the manufacturer.3The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number to the product during the manufacturing process.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>41The manufacturer must affix the UK marking to each individual product thatis in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.MODULE D<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on quality assurance of the production process</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on quality assurance of the production process</Addition>1Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2 and 5; andbensures and declares on the manufacturer's sole responsibility that the product concerned—iis in conformity with the type described in the type examination certificate; andiimeets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>2The manufacturer—amust operate an approved quality system for production, final product inspection and testing of the products concerned as specified in paragraph 3; andbis subject to surveillance as specified in paragraph 4.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Quality system</Addition>31The manufacturer must lodge an application for assessment of the manufacturer's quality system with the approved body of the manufacturer's choice for the products concerned.2The application must include—athe name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;ba declaration that the same application has not been lodged with any other approved body;call relevant information for the product category envisaged;dthe documentation concerning the quality system;ethe technical documentation of the approved type and a copy of the type examination certificate.3The quality system must ensure that the products—aare in conformity with the type described in the type examination certificate; andbmeet the essential requirements that apply to them.4All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions.5The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of—athe quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;bthe corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;cthe examinations and tests that will be carried out before, during and after manufacture and the frequency with which they will be carried out;dthe quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned; andethe means of monitoring the achievement of the required product quality and the effective operation of the quality system.6The approved body must assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraph (3). The approved body must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard or technical specification.7For the purpose of the assessment referred to in sub-paragraph (6), the approved body must ensure that—ain addition to experience in quality management systems, the auditing team has at least one member with experience of evaluation in the relevant product field and product technology concerned and knowledge of the essential requirements that apply to the products;bthe audit includes an assessment visit to the manufacturer's premises; andcthe auditing team reviews the technical documentation referred to in sub-paragraph (2)(e) to verify the manufacturer's ability to identify the essential requirements that apply to the products and to carry out the necessary examinations with a view to ensuring compliance of the products with those requirements.8The approved body must notify its decision on whether the quality system satisfies the requirements referred to in sub-paragraph (3) to the manufacturer. The notification must contain the conclusions of the audit and the approved body's reasoned assessment.9The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.10The manufacturer must keep the approved body that approved the quality system informed of any intended change to the quality system, and if so informed, the approved body must evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in sub-paragraph (3) or whether a reassessment is necessary.11The approved body must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the approved body's reasoned assessment.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Surveillance under the responsibility of the approved body</Addition>41The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.2The manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular—athe quality system documentation;bthe quality records, such as inspection reports and test data, calibration data, and qualification reports on the personnel concerned.3The approved body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and must provide the manufacturer with an audit report.4In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>51The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3(1), the approved body's identification number to each individual product that is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturer's duty to keep application, etc.</Addition>6The manufacturer must, for a period ending at least 10 years after the product has been placed on the market, keep at the disposal of the enforcing authority—aa copy of the application referred to in paragraph 3(1) including the information and documentation referred to in paragraph 3(2);bdocuments relating to any change to the quality system referred to in paragraph 3(10), as approved by the approved body;cthe decisions and reports of the approved body referred to in paragraphs 3(11) and 4(3) and (4).<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Approved body's duties in respect of quality system approvals</Addition>71Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State a list of quality system approvals refused, suspended or otherwise restricted.2Each approved body must inform the other approved bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.MODULE E<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on product quality assurance</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on product quality assurance</Addition>1Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2 and 5; andbensures and declares on the manufacturer's sole responsibility that the product concerned—iis in conformity with the type described in the type examination certificate; andiimeets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>2The manufacturer—amust operate an approved quality system for final product inspection and testing of the products concerned as specified in paragraph 3; andbis subject to surveillance as specified in paragraph 4.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Quality system</Addition>31The manufacturer must lodge an application for assessment of the manufacturer's quality system with the approved body of the manufacturer's choice for the products concerned.2The application must include—athe name and address of the manufacturer and, if the application is lodged by the authorised representative, the authorised representative's name and address;ba declaration that the same application has not been lodged with any other approved body;call relevant information for the product category envisaged;dthe documentation concerning the quality system; andethe technical documentation of the approved type and a copy of the type examination certificate.3The quality system must ensure that the products—aare in conformity with the type described in the type examination certificate; andbmeet the essential requirements that apply to them.4All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions.5The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of—athe quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;bthe examinations and tests that will be carried out after manufacture;cthe quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned; anddthe means of monitoring the effective operation of the quality system.6The approved body must assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraph (3). The approved body must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard or technical specification.7For the purpose of the assessment referred to in sub-paragraph (6), the approved body must ensure that—ain addition to experience in quality management systems, the auditing team has at least one member with experience of evaluation in the relevant product field and product technology concerned and knowledge of the essential requirements that apply to the products;bthe audit includes an assessment visit to the manufacturer's premises; andcthe auditing team reviews the technical documentation referred to in sub-paragraph (2)(e) to verify the manufacturer's ability to identify the essential requirements that apply to the products and to carry out the necessary examinations with a view to ensuring compliance of the products with those requirements.8The approved body must notify its decision on whether the quality system satisfies the requirements referred to in sub-paragraph (3) to the manufacturer. The notification must contain the conclusions of the audit and the approved body's reasoned assessment.9The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.10The manufacturer must keep the approved body that approved the quality system informed of any intended change to the quality system, and if so informed, the approved body must evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in sub-paragraph (3) or whether a reassessment is necessary.11The approved body must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the approved body's reasoned assessment.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Surveillance under the responsibility of the approved body</Addition>41The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.2The manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular—athe quality system documentation;bthe quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned.3The approved body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and must provide the manufacturer with an audit report.4In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>51The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3(1), the approved body's identification number to each individual product that is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturer's duty to keep application, etc.</Addition>6The manufacturer must, for a period ending at least 10 years after the product has been placed on the market, keep at the disposal of the enforcing authority—aa copy of the application referred to in paragraph 3(1) including the information and documentation referred to in paragraph 3(2);bdocuments relating to any change to the quality system referred to in paragraph 3(10), as approved by the approved body;cthe decisions and reports of the approved body referred to in paragraphs 3(11) and 4(3) and (4).<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Approved body's duties in respect of quality system approvals</Addition>71Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.2Each approved body must inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn and, upon request, of quality system approvals which it has issued.MODULE F<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on product verification</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity to type based on product verification</Addition>1Conformity to type based on product verification is the part of a conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2, 5(1) and 6; andbensures and declares on the manufacturer's sole responsibility that the product concerned, which has been subject to the provisions of paragraph 3—iis in conformity with the type described in the type examination certificate; andiimeets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>2The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with—athe approved type described in the type examination certificate; andbthe essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Verification</Addition>31An approved body chosen by the manufacturer must carry out appropriate examinations and tests in order to check the conformity of the product with—athe approved type described in the type examination certificate; andbthe essential requirements that apply to it.2The examinations and tests to check the conformity of the products with the essential requirements that apply to it must be carried out, at the choice of the manufacturer, either by—aexamination and testing of every product as specified in paragraph 4; orbexamination and testing of the products on a statistical basis as specified in paragraph 5.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Verification of conformity by examination and testing of every product</Addition>41All products must be individually examined, and appropriate tests set out in the relevant designated standard or technical specifications or equivalent tests must be carried out in order to verify conformity with the approved type described in the type examination certificate and with the essential requirements that apply to it. In the absence of such a designated standard, the approved body concerned must decide on the appropriate tests to be carried out.2The approved body must issue a certificate of conformity in respect of the examinations and tests carried out and must affix its identification number to each approved product or have it affixed under its responsibility.3The manufacturer must keep the certificates of conformity at the disposal of the enforcing authority for 10 years after the product has been placed on the market.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Statistical verification of conformity</Addition>51The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure the homogeneity of each lot produced and must present the manufacturer's products for verification in the form of homogeneous lots.2A random sample must be taken from each lot by the approved body. All products in a sample must be individually examined, and appropriate tests set out in the relevant designated standard or technical specification or equivalent tests must be carried out in order to ensure their conformity with the essential requirements that apply to them and to determine whether the lot is to be accepted or rejected. In the absence of such a designated standard, the approved body concerned must decide on the appropriate tests to be carried out.3If a lot is accepted, all products of the lot must be considered approved, except for those products from the sample that have been found not to satisfy the tests.4The approved body must issue a certificate of conformity in respect of the examinations and tests carried out and must affix its identification number to each approved product or have it affixed under its responsibility.5The manufacturer must keep the certificates of conformity at the disposal of the enforcing authority for 10 years after the product has been placed on the market.6If a lot is rejected, the approved body or, if the approved body fails to do so, the Secretary of State must take appropriate measures to prevent that lot being placed on the market. In the event of the frequent rejection of lots, the approved body may suspend the statistical verification and take appropriate measures.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>61The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3, the approved body's identification number to each individual product that is in conformity with the approved type described in the type examination certificate and meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.4If the approved body referred to in paragraph 3 agrees and under its responsibility, the manufacturer may also affix the approved body's identification number to the product.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Affixing of approved body's identification number during manufacturing process</Addition>7If the approved body agrees and under its responsibility, the manufacturer may affix the approved body's identification number to the product during the manufacturing process.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Authorised representative</Addition>8Where the manufacturer appoints an authorised representative (see regulation 39), the obligations in paragraphs 2 and 5(1) must not form part of the authorised representative's mandate.MODULE G<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity based on unit verification</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity based on unit verification</Addition>1Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2, 3 and 5; andbensures and declares on the manufacturer's sole responsibility that the product concerned, which has been subject to the provisions of paragraph 4, meets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Technical documentation</Addition>21The manufacturer must draw up the technical documentation and make it available to the approved body referred to in paragraph 4.2The technical documentation must—amake it possible to assess the product's conformity with the essential requirements that apply to it;binclude an adequate analysis and assessment of the risks;cspecify the essential requirements that apply to the product; anddcover, as far as relevant for the assessment, the design, manufacture and operation of the product.3The technical documentation must contain, where applicable, at least the following—aa general description of the product;bconceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;cdescriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;da list of the designated standards and other relevant technical specifications, applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);ewhere designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;fresults of design calculations made and examinations carried out;gtest reports.4The manufacturer must keep the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>3The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Verification</Addition>41An approved body chosen by the manufacturer must carry out appropriate examinations and tests, set out in the relevant designated standard or technical specification or equivalent tests, to check the conformity of the product with the essential requirements that apply to it or have them carried out. In the absence of such a designated standard or technical specification the approved body concerned must decide on the appropriate tests to be carried out.2The approved body must issue a certificate of conformity in respect of the examinations and tests carried out and must affix its identification number to the approved product or have it affixed under its responsibility.3The manufacturer must keep the certificates of conformity at the disposal of the enforcing authority for 10 years after the product has been placed on the market.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>51The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 4, the approved body's identification number to each product that meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.MODULE H<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity based on full quality assurance</Addition><Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Conformity based on full quality assurance</Addition>1Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer—afulfils the obligations set out in paragraphs 2 and 5; andbensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturing</Addition>2The manufacturer—amust operate an approved quality system for design, manufacture and final product inspection and testing of the product concerned as specified in paragraph 3; andbis subject to surveillance as specified in paragraph 4.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Quality system</Addition>31The manufacturer must lodge an application for assessment of the manufacturer's quality system with the approved body of the manufacturer's choice for the product concerned.2The application must include—athe name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;bthe technical documentation for one model of each category of products intended to be manufactured, which must contain, where applicable, at least the following—ia general description of the product;iiconceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;iiidescriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;iva list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);vwhere designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;viresults of design calculations made and examinations carried out;viitest reports;cthe documentation concerning the quality system; andda declaration that the same application has not been lodged with any other approved body.3The quality system must ensure that the products meet the essential requirements that apply to them.4All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions.5The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of—athe quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality;bthe technical design specifications, including standards, that will be applied and, where the relevant designated standards or technical specifications will not be applied in full, the means that will be used to ensure that the essential requirements that apply to the products will be met;cthe design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the product category covered;dthe corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;ethe examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;fthe quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned;gthe means of monitoring the achievement of the required design and product quality and the effective operation of the quality system.6The approved body must assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraph (3). The approved body must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard or technical specification.7For the purpose of the assessment referred to in sub-paragraph (6), the approved body must ensure that—ain addition to experience in quality management systems, the auditing team has at least one member experienced as an assessor in the relevant product field and product technology concerned, and knowledge of the essential requirements that apply to the products;bthe audit includes an assessment visit to the manufacturer's premises; andcthe auditing team reviews the technical documentation referred to sub-paragraph (2)(b) to verify the manufacturer's ability to identify the essential requirements that apply to the products and to carry out the necessary examinations with a view to ensuring compliance of the product with those requirements.8The approved body must notify the manufacturer or the manufacturer's authorised representative of its decision on whether the quality system satisfies the requirements referred to in sub-paragraph (3). The notification must contain the conclusions of the audit and the approved body's reasoned assessment.9The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.10The manufacturer must keep the approved body that approved the quality system informed of any intended change to the quality system, and if so informed, the approved body must evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in sub-paragraph (3) or whether a reassessment is necessary.11The approved body must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the approved body's reasoned assessment.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Surveillance under the responsibility of the approved body</Addition>41The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.2The manufacturer must, for assessment purposes, allow the approved body access to the design, manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular—athe quality system documentation;bthe quality records as provided for by the design part of the quality system, such as results of analyses, calculations and tests; andcthe quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned.3The approved body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and must provide the manufacturer with an audit report.4In addition, the approved body may pay unexpected visits to the manufacturer. During such visits, the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">UK marking and declaration of conformity</Addition>51The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3(1), the approved body's identification number to each individual product that meets the essential requirements that apply to it.2The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.3The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Manufacturer's duty to keep application, etc.</Addition>6The manufacturer must, for a period ending at least 10 years after the product has been placed on the market, keep at the disposal of the enforcing authority—athe technical documentation referred to in paragraph 3(2)(b);bthe documentation concerning the quality system referred to in paragraph 3(2)(c);cdocuments relating to any change to the quality system referred to in paragraph 3(10), as approved by the approved body;dthe decisions and reports of the approved body referred to in paragraphs 3(11) and 4(3) and (4).<Addition ChangeId="key-adfebc8a7f547b67b8e47a43b7634293-1706778087084" CommentaryRef="key-adfebc8a7f547b67b8e47a43b7634293" Extent="E+W+S">Approved body's duties in respect of quality system approvals</Addition>71Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.2Each approved body must inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn and, upon request, of quality system approvals which it has issued. EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations transpose Directive 2013/53/EU of the European Parliament and of the Council of 20th November 2013 on recreational watercraft and personal watercraft (OJ No L 354, 28.12.2013 p.90) (“the Directive”).The Directive repeals and replaces Directive 1994/25/EC as amended by Directive 2003/44/EC which was implemented in the United Kingdom by the Recreational Craft Regulations 1996 (S.I. 1996/1353) (as amended by S.I. 1998/116). These Regulations revoke and replace S.I. 1996/1353.

Regulation 3 sets out the application of the Regulations to watercraft and personal watercraft and components subject to the exemptions set out in regulation 4.

Part 2 sets out the obligations of persons placing a watercraft on the market. Regulation 6 provides that any person who places a watercraft on the market or puts it into service must ensure that it complies with the essential requirements set out in Schedule 1 to these Regulations and includes the requirement that a product must not endanger the health and safety of persons, property or the environment.

Regulations 8 to 17 set out the obligations that are specific to manufacturers. Manufacturers must ensure that watercraft have been designed and manufactured to comply with the essential requirements. The Regulations impose obligations on manufactures to carry out conformity assessments; draw up technical documentation, draw up declarations of conformity and affix the CE marking, label the equipment and ensure it is accompanied by instructions and safety information. Manufacturers must also monitor compliance. Regulation 16 places a duty on manufacturers to immediately take corrective action where the manufacturer considers or has reason to believe that a watercraft placed on the market may not conform. The obligations imposed on the manufacturer’s authorised representative are set out in regulation 39.

Regulations 18 to 26 set out the obligations that are specific to importers. These obligations include ensuring that they are not placing on the market watercraft which are not in conformity with the essential requirements, checking that the manufacturer has carried out a relevant conformity assessment procedure and labelled the craft correctly. Regulation 23 requires importers to ensure that storage and transport conditions do not jeopardise conformity with the essential requirements. Regulation 24 places a duty on importers to immediately take corrective action where they consider or have reason to believe that a watercraft placed on the market may not conform.

Regulations 27 to 32 set out the obligations that are specific to distributors. These obligations include ensuring that they are not placing on the market watercraft which are not in conformity with the essential requirements and that storage and transport conditions do not jeopardise conformity with the essential requirements.

Regulations 33 provides that an importer or distributor who places a watercraft on the market under their own trade mark or who modifies a watercraft such that it may affect conformity is to be treated as the manufacturer for the purposes of these Regulations.

Regulation 36 imposes obligations on a private importer where the manufacturer of a watercraft has not complied with the obligations on manufacturer.

Regulations 37 and 38 set out obligations on economic operators and private importers to identify the economic operator who supplied the watercraft.

Regulation 40 prohibits the improper use of the CE mark.

Part 3 sets out the product and conformity assessment procedures.

Part 4 sets out provisions concerning notification and monitoring of the bodies which carry out conformity assessment procedures in the UK.

Part 5 sets out provisions for market surveillance and enforcement of these Regulations. Regulation 65 identifies the market surveillance authorities which have an obligation to enforce the Regulations. Regulation 67 and Schedules 13 and 14 provide for the enforcement powers which the enforcing authorities are to have. Regulation 73 provides for the contravention of certain provisions of these Regulations to be an offence. Regulation 74 sets out the penalties that are to apply for offences under these Regulations. Regulation 80 sets out provision for appeals against notices served under these Regulations.

Part 6 deals with the power of a notified body to charge a fee and sets out a review provision, transitional provisions, and revocations.

A transposition note and full impact assessment of the impact that these Regulations will have on the costs of business, the voluntary sector and the public sector are available from the Single Market Product Safety Team, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET and are also published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.

 S.I. 1995/2983. 1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008. 1987 c.43. OJ L 218, 13, 8, 2008, p.82. OJ No L 354, 28.12.2013, p.90. 1972 c.9. OJ No L 316, 14.11.2012, p.12. OJ No L 218, 13.8.2008, p.30. OJ No L 124, 20.5.2003, p.36. OJ No L 59. 27.2.1998, p.1. OJ No L 188, 18.7.2009, p.1. 1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40. S.I. 1981/1675 (NI 26). 1995 c.46. 2015 c.15. S.I. 2004/693. Regulation 3(a) inserts a reference to the Recreational Craft Regulations 2004 into the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004. S.I. 2007/3544. S.I. 2009/669. 2015 c.26 OJ No L 164, 30.6.1994, p.15. S.I. 1996/1353; these Regulations were revoked with savings in respect of certain limited exceptions, by S.I. 2004/1464, regulation 1(4). S.I. 2004/1464. Interpretation21In these Regulations—“the 1987 Act” means the Consumer Protection Act 1987;“accreditation” has the meaning set out in point 10 of Article 2 of RAMS (as amended from time to time);“accreditation certificate” means a certificate, issued by the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or a national accreditation body of another relevant state, attesting that a conformity assessment body meets the notified body requirements;“adaptor” means a person who adapts an engine for use in watercraft;“authorised representative” means a person appointed in accordance with regulation 39;“CE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);“Commission” means the Commission of the European Union;“competent national authority” means an authority having responsibility for enforcing the law of a relevant state which implements the Directive;“components” means the components of watercraft listed in Schedule 2 when placed on the EU market separately and when intended for installation in watercraft;“conformity assessment” means the process demonstrating whether the essential requirements relating to a product have been fulfilled;“conformity assessment body” means a body that performs conformity assessment activities including calibration, testing, certification and inspection;“Decision 768/2008” means Decision No. 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products;the “Directive” means Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft repealing Directive 94/25/EC;“distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972;“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;“enforcing authority” means any person enforcing these Regulations under regulation 66;“engine family” means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;“essential requirements” means the requirements set out in regulation 6;“EU declaration of conformity” means the declaration required to be drawn up in accordance with regulation 10(1)(a) (EU declaration of conformity and CE marking);“harmonised standard” has the meaning set out in paragraph (c) of Article 2(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European Standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC 2004/22/EC, 2007/23/EC 2009/23/EC and 2009/105/EC of the European Parliament and of the Council, and repealing Council Decision 87/95/EEC and Decision 1673/2006/EC of the European Parliament and of the Council (as amended from time to time);“hull length” means the length of the hull measured in accordance with the harmonised standard;“importer” means a person who—is established within the relevant market, andplaces a product from a market outside of the relevant market on the relevant market;“major craft conversion” means a conversion of a watercraft which—changes the means of propulsion of the watercraft;involves a major engine modification; oralters the watercraft to such an extent that it may not meet the applicable essential requirements;“major engine modification” means the modification of a propulsion engine which—could potentially cause the engine to exceed the emissions limits set out in Part B of Schedule 1; orincreases the rated power of the engine by more than 15%;“making available on the market” means any supply for distribution, consumption or use on the relevant market in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly;“manufacturer” means a person who—manufactures a product or has such a product designed or manufactured; andmarkets that product under that person’s name or trademark;“market surveillance authority” has the meaning set out in regulation 65 (designation of market surveillance authorities);“means of propulsion” means the method by which the watercraft is propelled;“national accreditation body” means national accreditation body as defined in point 11 of Article 2 of RAMS) (as amended from time to time); “NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies; “notified body requirements” means the requirements set out in Schedule 11;“personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;“placing on the market” means the first making available of a product on the relevant market, and related expressions are to be construed accordingly;“private importer” means a person established within the relevant market who imports in the course of a non-commercial activity a watercraft from a market outside of the relevant market into the relevant market with the intention of putting it into service for that person’s own use;“product” means a product to which these Regulations apply, in accordance with regulation 3;“propulsion engine” means any spark or compression ignition internal combustion engine used directly or indirectly for propulsion purposes;“putting into service” means the first use of a product in the relevant market by its end-user and related expressions are to be construed accordingly;“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93;“recall” means any measure aimed at achieving the return of a watercraft that has already been made available to the end-user and related expressions must be construed accordingly;“recreational craft” means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres, regardless of the means of propulsion;“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 42 (applicable conformity assessment procedures); “relevant market” means—the market in Northern Ireland; andthe market of the EEA states; “relevant state” means—Northern Ireland; orany EEA state; “small or medium-sized enterprise” has the same meaning as in Commission Recommendation 2003/361/EC;“technical documentation” has the meaning given in regulation 9 (technical documentation and conformity assessment); “technical specification” means a document that prescribes the technical requirements to be fulfilled by a product;“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK (NI) Indication) (EU Exit) Regulations 2020; “watercraft” means any recreational craft or personal watercraft;“watercraft built for own use” means any watercraft predominantly built by its future user for that user’s own use; and“withdrawal” means any measure aimed at preventing a watercraft in the supply chain from being made available on the market and related expressions must be construed accordingly.2In these Regulations, a reference to a product being “in conformity with Part 2” means that—athe product is in conformity with the essential requirements;beach economic operator has complied with the obligations imposed on them by Part 2 of these Regulations which must be satisfied at or before the time at which the product is made available on the market.3In these Regulations, except regulation 34 (monitoring) and Schedule 1, “risk” means a risk to—ahuman health;bthe safety of consumers; orcthe environment.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5In these Regulations (except in Part 4 (notification of conformity assessment bodies) and Schedule 11 (notified body requirements) and 12 (obligations of notified bodies)), “notified body” means—aa notified body within the meaning set out in regulation 55 (notified body); orba notified body under the laws of any other relevant state which implement the Directive.Making available and putting into service71Nothing in these Regulations prevents a person making available in Northern Ireland or putting into service in Northern Ireland—aany watercraft in conformity with Part 2;bany component which is in conformity with Part 2 and which is intended to be incorporated into any watercraft in accordance with the declaration completed by a manufacturer or importer in accordance with Schedule 3;cany of the following propulsion engines—iengines, whether or not installed in watercraft, that are in conformity with Part 2;iiengines installed in watercraft and type-approved in accordance with Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, which comply with—aastage III A or stage III B or stage IV emission limits for C1 engines, used in other applications than the propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2 of Annex I of Directive 97/68/EC; andbbthese Regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule 1;iiiengines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC complying with these Regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule 1.2Where an engine is adapted for installation in a watercraft, a person who so adapts that engine must—amake a declaration, in accordance with Schedule 3, that the adapted engine will continue to meet the emission requirements of either Directive 97/68/EC or Regulation 595/2009, when installed in accordance with the installation instructions the adaptor has provided; andbtake full account of the data and other information available from the manufacturer, so that, when the adapted engine is installed in accordance with the installation instructions the adaptor provides, the adapted engine continues to meet the exhaust emission requirements in either the Directive or the Regulation referred to in paragraph (a), whichever is referred to in the declaration submitted in accordance with Schedule 3.3Nothing in these Regulations prevents the making available in Northern Ireland of any partly completed watercraft where the manufacturer or the importer has declared, in accordance with Schedule 3, that the craft complies with the essential requirements at this stage in its construction and that the craft will be completed by others in full compliance with these Regulations.EU declaration of conformity and CE marking101Where the conformity of a product with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the product on the market—adraw up the EU declaration of conformity in accordance with regulation 53 (EU declaration of conformity); andbaffix the CE marking to the product in accordance with regulation 54 (CE marking).2The EU declaration of conformity must follow the format set out in Schedule 4 (EU Declaration of conformity), and be translated into a language required by the relevant state where the product will be made available or put into service, unless paragraph (3) applies.3If an EU declaration of conformity relates to a partly completed watercraft, that declaration must follow the format set out in Schedule 3 and be translated into a language required by the relevant state where the partly completed watercraft will be made available or put into service.4The manufacturer must keep the EU declaration of conformity up-to-date.5Where a product is subject to more than one NI Protocol obligation requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, which—aidentifies all of the applicable EU instruments; andbincludes references to the publication of those EU instruments in the Official Journal of the European UnionCompliance procedures for series production121The manufacturer of a product which is manufactured by series production must ensure that, before placing the product on the market, procedures are in place to ensure that any product so manufactured will be in conformity with the manufacturer’s obligations under Part 2.2In doing so, the manufacturer must take adequate account of—aany changes in the design or characteristics of a product; andbany changes in the harmonised standard or in another technical specification by reference to which the EU declaration of conformity of the product was drawn up.Instructions and safety information151When placing a product on the market, a manufacturer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the relevant state in which the product is to be made available.2When the product is being made available to consumers and other end-users in Northern Ireland, that language which can be easily understood is English.Duty to take action in respect of product placed on the market which is considered not to be in conformity161A manufacturer who considers or has reason to believe that a product that it has placed on the market is not in conformity Part 2, must immediately take the corrective measures necessary to—abring the product into conformity;bwithdraw the product from the market; orcrecall it.2Where the product presents a risk, the manufacturer must immediately inform the market surveillance authority and the competent national authorities in any relevant state in which the manufacturer has made the product available on the market of the risk, giving details of—athe reason why the product is not considered to be in conformity; andbany corrective measures taken.Requirements that must be satisfied before an importer places a product on the market191Before placing a product on the market an importer must ensure that—aa relevant conformity assessment has been carried out by the manufacturer;bthe manufacturer has drawn up the technical documentation;cthe product—ibears the CE marking; andiiis accompanied by the required documents; and;dthe manufacturer has complied with the requirements of regulations 13 (duty of manufacturers to ensure products are labelled) and 14 (duty to provide information).2In paragraph (1)(c)(ii) “required documents” means—athe EU declaration of conformity; andbthe owner’s manual referred to in Schedule 1.Duty of importer to ensure products are labelled211Before placing a product on the market, an importer must indicate on the product—athe importer’s name, registered trade name or registered trade mark; andbthe address at which they can be contacted.2Where, in the case of components, it is not possible to indicate the information on the component, the importer must indicate the information specified in paragraph (1)—aon the packaging; orbin a document accompanying the component.Instructions and safety information221When placing a product on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the relevant state in which the product is to be made available.2When the product is being made available to consumers and other end-users in Northern Ireland, the language which can be easily understood by consumers and other end-users is English.Duty to take action in respect of product placed on the market which is considered not to be in conformity241An importer who considers or has reason to believe that a product which the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—abring the product into conformity;bto withdraw the product from the market; orcrecall it, if appropriate.2Where the product presents a risk, the importer must immediately inform the market surveillance authority and the competent national authorities of any other relevant state in which the importer has made the product available on the market of the risk, giving details of—athe reason or reasons why the product is not considered to be in conformity with Part 2; andbany corrective measures taken.Making available on the market281Before making a product available on the market, a distributor must verify that—athe product—ibears the CE marking;iiis accompanied by the required documents;iiiis accompanied by the instructions and safety information in a language that can be easily understood by consumers and other end-users in the relevant state in which the product is to be made available on the market; andbthe manufacturer has complied with the requirements of—iregulation 13 (duty of manufacturers to ensure products are labelled); andiiregulation 14 (duty to provide information); andcthe importer has complied with the requirements of regulation 21 (duty of importers to ensure products are labelled).2For the purposes of this regulation “required documents” has the same meaning as in regulation 19(2) (requirements that must be satisfied before an importer places a product on the market).Duty not to <Addition ChangeId="V_NI_040c6a0c-222c-305a-1eec-e49d142a48c5-61b9792f08e40" CommentaryRef="V_NI_040c6a0c-222c-305a-1eec-e49d142a48c5">make a product available</Addition> on the market where a distributor suspects that it is not in conformity291Where a distributor considers or has reason to believe that a product is not in conformity with the essential requirements, the distributor must not make the product available on the market.2Where a product presents a risk, the distributor must inform the manufacturer or importer, and the market surveillance authority and the competent national authorities of other relevant states in which the distributor has made the product available on the market of that risk.Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity311A distributor who considers or has reason to believe that a product that the distributor has made available on the market is not in conformity with Part 2 must ensure that corrective measures necessary are taken to—abring the product into conformity;bto withdraw the product from the market; orcrecall it.2Where the product presents a risk, the distributor must immediately inform the market surveillance authority and the competent national authorities of any other relevant state in which the distributor has made the product available on the market of the risk, giving details of—athe reason or reasons why the product is not considered to be in conformity; andbany corrective measures taken.Private importers361If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—athe product has been designed and manufactured in accordance with the essential requirements; andbthe obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—iregulation 9 (technical documentation and conformity assessment);iiregulation 10 (EU declaration of conformity and CE marking);iiiregulation 11 (duty of manufacturers to retain technical documentation and EU declaration of conformity); andivregulation 22 (instructions and safety information).2A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).3Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.4The private importer must ensure that the name and postal address of the notified body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.Authorised representatives391A manufacturer may by written mandate, appoint a person established in a relevant state as their authorised representative to perform specified tasks on their behalf.2A manufacturer who has appointed an authorised representative to perform, on the manufacturer’s behalf, a task under these Regulations remains responsible for the proper performance of the task.3The mandate must allow the authorised representative to do at least the following in relation to a product covered by the mandate—akeep a copy of—ithe EU declaration of conformity; andiithe technical documentation referred to in regulation 9 (technical documentation and conformity assessment)at the disposal of the enforcing authority and competent national authorities, for a period of 10 years beginning on the day on which the product is placed on the market;bprovide, following a reasoned request from an enforcing authority, all of the information and documentation necessary to demonstrate the conformity of a the product with the essential requirements; andcco-operate with the competent national authorities, upon their request, on any action to eliminate the risks posed by a product covered by their mandate.4The obligations in regulation 8 (duty to ensure watercraft comply with essential requirements) and regulation 9 (technical documentation and conformity assessment) must not form part of an authorised representative’s mandate.5An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly—aas far as those duties are concerned, as well as the penalties for failure to comply with those duties, a reference in these Regulations to the manufacturer (except in this regulation) is to be taken as including a reference to the authorised representative; andbif the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.Prohibition on improper use of CE marking401An economic operator must not affix the CE marking to a product unless—athe economic operator is the manufacturer; andbthe conformity of the product with the essential requirements has been demonstrated by the relevant conformity assessment procedure.2An economic operator must not affix to a product a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.3An economic operator must not affix to a product any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.Presumption of conformity411A product which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal of the European Union is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).2The presumption in paragraph (1) is rebuttable.Applicable conformity assessment procedures42Before placing a product on the market the manufacturer must apply the conformity assessment procedures set out in the modules set out in Annex II of Decision 768/2008 and referred to in regulations 44 (design and construction) to 47 (noise emissions: personal watercraft).Design and construction441With regard to the design and construction of recreational craft, the following conformity assessment procedures set out in Annex II to Decision 768/2008/EC apply—afor design categories A and B referred to in paragraph 1 of Part A of Schedule 1—ifor recreational craft of hull length from 2.5 metres to less than 12 metres, any of the following modules—aaModule A1 (internal production control plus supervised product testing);bbModule B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);ccModule G (conformity based on unit verification);ddModule H (conformity based on full quality assurance);iifor recreational craft of hull length from 12 metres to less than 24 metres, any of the following modules—aaModule B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);bbModule G (conformity based on unit verification);ccModule H (conformity based on full quality assurance);bfor design category C referred to in paragraph 1 of Part A of Schedule 1—ifor recreational craft of hull length from 2.5 metres to less than 12 metres where the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are complied with, any of the following modules—aaModule A (internal production control);bbModule A1 (internal production control plus supervised product testing);ccModule B (EU type-examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);ddModule G (conformity based on unit verification);eeModule H (conformity based on full quality assurance);iifor recreational craft of hull length from 2.5 metres to less than 12 metres where the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are not complied with, any of the following modules—aaModule A1 (internal production control plus supervised testing);bbModule B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;ccModule G (conformity based on unit verification);ddModule H (conformity based on full quality assurance);iiifor recreational craft of hull length from 12 metres to 24 metres, any of the following modules—aaModule B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;bbModule G (conformity based on unit verification);ccModule H (conformity based on full quality assurance);cfor design category D referred to in paragraph 1 of Part A of Schedule 1 for recreational craft of hull length of 2.5 metres to 24 metres, any of the following modules—iModule A (internal production control);iiModule A1 (internal production control plus supervised testing);iiiModule B (EU- type examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);ivModule G (conformity based on unit verification);vModule H (conformity based on full quality assurance).2With regard to the design and construction of personal watercraft, any of the following procedures set out in Annex II to Decision 768/2008/EC apply—aModule A (internal production control);bModule A1 (internal production control plus supervised testing);cModule B (EU type-examination together with Module C conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);dModule G (conformity based on unit verification);eModule H (conformity based on full quality assurance).3With regard to the design and construction of components any of the following procedures set out in Annex II to Decision 768/2008/EC apply—aModule B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance).Exhaust emissions45With regard to exhaust emissions, for products referred to in regulation 3(1)(d) and (e), the engine manufacturer must apply the following procedures set out in Annex II to Decision 768/2008/EC—awhere the tests are conducted using the harmonised standard, any of the following modules—iModule B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);iiModule G (conformity based on unit verification);iiiModule H (conformity based on full quality assurance);bwhere the tests are conducted without using the harmonised standard, either of the following modules—iModule B (the EU- type examination) together with Module C1 (conformity to type based on internal production control plus supervised product testing);iiModule G (conformity based on unit verification).Noise emissions: recreational craft461The manufacturer must apply the relevant procedures in paragraphs (2) to (4) as set out in Annex II to Decision 768/2008/EC with regard to the noise emissions for recreational craft with—astern drive propulsion engines without integral exhausts or inboard propulsion engine installations; andbstern drive propulsion engines without integral exhausts or inboard propulsion engine installations which are subject to major craft conversion and are subsequently placed on the market within the period of 5 years from the day on which that conversion was completed.2Where tests are conducted using the harmonised standard for noise measurement, any of the following modules apply—aModule A1 (internal production plus supervised product testing);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance).3Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification) applies.4Where the Froude number of power displacement ratio method is used for assessment, any of the following modules apply—aModule A (internal production control);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance).Noise emissions: personal watercraft471The personal watercraft or engine manufacturer must apply the relevant procedure in paragraphs (2) or (3) as set out in Annex II to Decision 768/2008/EC, with regard to noise emissions for—apersonal watercraft and outboard propulsion engines; andbstern drive propulsion engines with integral exhausts intended for installation on recreational craft.2Where the tests are conducted using the harmonised standard for noise measurement, any of the following modules apply—aModule A1 (internal production control plus supervised product testing);bModule G (conformity based on unit verification);cModule H (conformity based on full quality assurance).3Where the tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification) applies.Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)501Where an economic operator has a conformity assessment carried out on a product under Module A1 (internal production control plus supervised product testing) of Annex II to Decision 768/2008/EC—athe product checks must be carried out on at least one watercraft that is representative of the watercraft that is to be or has been produced by the manufacturer; andbthe requirements set out in Schedule 6 apply.2The possibility, referred to in Modules A1 and C1 of Annex II of Decision 768/2008, of using an accredited in-house body to perform a conformity assessment under those modules is not applicable in relation to watercraft.Conformity assessments carried out under Module F (conformity to type based on product verification)51Where an economic operator has a conformity assessment carried out on a product under Module F (conformity to type based on product verification) of Annex II to Decision 768/2008/EC, the procedure set out in Schedule 7 applies.Conformity assessments carried out under Module C (conformity to type based on internal production control)521This regulation applies where—aan economic operator has a conformity assessment carried out on a watercraft under Module C (conformity to type based on internal production control) of Annex II of Decision 768/2008/EC;bModule C is used to assess the conformity of the product with the exhaust emission requirements of these Regulations; andcthe manufacturer is not working under a relevant quality system as described in Module H of Annex II to Decision 768/2008/EC.2A notified body chosen by the manufacturer must carry out product checks as required by Module C or have them carried out at random intervals to be determined by the notified body, in order to verify the quality of the internal checks on the product carried out under the manufacturer’s own checking measures.3When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Schedule 8 applies.EU declaration of conformity53The EU declaration of conformity for a product must—astate that the product complies with the essential requirements;bcontain the elements specified in regulations 44 to 47 for the relevant conformity assessment in respect of the product; andcbe set out in accordance with the model structure set out in Schedule 4.CE marking541The CE marking must be affixed visibly, legibly and indelibly to the product.2Where it is not possible or warranted, on account of the nature of a component to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—athe packaging; andbthe accompanying documents.3Where the product referred to in paragraph (1)—ais a watercraft, the CE marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; orbis a propulsion engine, the CE marking must be affixed on the engine.4The CE marking must be followed by the identification number of the notified body where—athat body is involved in the production control phase of the conformity assessment under Modules A (internal production control), A1 (internal production control plus supervised product testing) or C (conformity to type based on internal production control) set out in Annex II of Decision 768/2008; orbwhere a post construction assessment set out in Schedule 5 of these Regulations is being used.5The identification number of the notified body must be affixed—aby the notified body itself; orbunder the instructions of the notified body by the manufacturer.Notified bodies55For the purposes of this Part, a notified body is a conformity assessment body—awhich has been notified by the Secretary of State, to the European Commission and to the other relevant states—iunder regulation 56 (notification); oriibefore the date these Regulations come into force, in accordance with Article 26 of the Directive; andbin respect of which no objections , other than an immaterial objection, were raised by the European Commission or other relevant states—iwithin 2 weeks of the date of notification, where notification is accompanied by an accreditation certificate; oriiwithin 2 months of the date of notification, where the notification is not accompanied by an accreditation certificate;cin sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—ithe conformity assessment body is established in the United Kingdom; oriithe accreditation certificate was issued by the United Kingdom Accreditation Service.Notification561The Secretary of State may notify to the European Commission and the other relevant states only those conformity assessment bodies that qualify for notification.2A conformity assessment body qualifies for notification if the first and second conditions below are met.3The first condition is that the conformity assessment body has applied to the Secretary of State to become a notified body and the application is accompanied by—aa description of—ithe conformity assessment activities that the conformity assessment body intends to carry out;iithe conformity assessment module or modules in respect of which the conformity body claims to be competent; andiiithe product for which the conformity assessment body claims to be competent; and either—ban accreditation certificate; orcthe documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body’s compliance with the notified body requirements.4The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.5For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph 3(b), as sufficient evidence that the conformity assessment body meets the notified body requirements.6When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other relevant states, the Secretary of State may—ahave regard to any other matter which appears to the Secretary of State to be relevant; andbset conditions that the conformity assessment body must meet.7The Secretary of State must inform the European Commission of the United Kingdom’s procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures.Contents of notification57A notification under regulation 56 (notification) must include—athe details of—ithe conformity assessment activities in respect of which the conformity assessment body has made its application for notification;iithe conformity assessment module or modules in respect of which the conformity assessment body has made its application for notification;iiithe product in respect of which the conformity assessment body has made its application for notification; and eitherban accreditation certificate; orcdocumentary evidence which attests to—ithe conformity assessment body’s competence; andiithe arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to satisfy the notified body requirements.Presumption of conformity of notified bodies581Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the Official Journal of the European Union, the Secretary of State is to presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard).2The presumption in paragraph (1) is rebuttable.Monitoring of notified bodies591The Secretary of State must monitor each notified body with a view to verifying that the notified body—acontinues to meet the notified body requirements;bcomplies with any condition set in accordance with regulation 56(6)(b); andccarries out its functions in accordance with these Regulations.2The Secretary of State must inform the European Commission of the United Kingdom’s procedures for the monitoring of notified bodies, and any changes to those procedures.Authorisation of the United Kingdom Accreditation Service60The Secretary of State may authorise the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) to carry out the following activities on behalf of the Secretary of State—aassessing applications for designation as a notified body made under regulation 56 (application for designation as a notified body); andbmonitoring notified bodies required by regulation 59 (monitoring of notified bodies).Changes to notifications611Where the Secretary of State determines that a notified body no longer meets a notified body requirements or that it is failing to fulfil its obligations under these Regulations other than a condition set in accordance with regulation 56(6)(b), the Secretary of State must restrict, suspend or withdraw the body’s status as a notified body under regulation 55.2With the consent of the notified body, or where the Secretary of State determines that a notified body no longer meets a condition set in accordance with regulation 56(6)(b), the Secretary of State may restrict, suspend or withdraw the body’s status as a notified body under regulation 55.3In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.4Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other relevant states.5Where the Secretary of State has taken action under paragraph (1) or (2), or where the notified body has ceased its activity, the notified body must—aat the request of the Secretary of State, transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Secretary of State; orbin the absence of a request under sub-paragraph (a), keep its files relating to the activities it has undertaken as a notified body available for inspection by the Secretary of State and the market surveillance authorities for a period of 10 years from the date they were created.Operational requirements of notified bodies62When a notified body carries out a relevant conformity assessment procedure, Schedule 12 (operational requirements of notified bodies) has effect.Subsidiaries and contractors631Where a notified body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the tasks are only to be treated as having been carried out by a notified body for the purposes of regulations 44 to 47 where the conditions in paragraphs (2) and (3) are satisfied.2The notified body must—aensure that the subcontractor or subsidiary meets the notified body requirements; andbinform the Secretary of State accordingly.3The notified body must have obtained the agreement of the client economic operator to the use of a subcontractor or subsidiary.4Where a notified body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the notified body must, for a period of 10 years beginning on the day on which the tasks are carried out, keep at the disposal of the Secretary of State the documentation concerning—athe assessment of the qualifications of the subcontractor or the subsidiary; andbthe conformity assessment activities carried out by the subcontractor or subsidiary.5When monitoring a notified body in accordance with regulation 59 (monitoring of notified bodies), 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.Appeal against a change to a notification641Where the Secretary of State intends to restrict, suspend or withdraw a notification in accordance with regulation 61 (changes to notifications) the Secretary of State must give notice in writing to the notified body concerned that its notification will be restricted, suspended or withdrawn.2A written notice provided in accordance with paragraph (1) must—astate the date on which the notice is issued;bstate of the reasons why the notification is being restricted, suspended or withdrawn;cstate the date on which the restriction, suspension or withdrawal of the notification is to take effect;dwhere a notification has been restricted or suspended, state what the effect of that restriction or suspension is upon the notified body;einform the notified body of its right to make representations to the Secretary of State, in writing, within 14 days of the date on the notice, against this decision.3Where a notified body submits written representations to the Secretary of State, the Secretary of State must respond to those representations within 21 days of the date on which those representations are received, stating whether, having considered those representations, the notice issued under paragraph (1) will be modified or withdrawn.Enforcement action in respect of products that are not in conformity and which present a risk691Where in the course of the evaluation referred to in regulation 68 (evaluation of product presenting a risk), an enforcing authority finds that the product is not in conformity with Part 2 of these Regulations it must, without delay, require a relevant economic operator to—atake the appropriate corrective action to bring the product into conformity with those requirements within a prescribed period; bwithdraw the product from Northern Ireland within a prescribed period; orcrecall the product from Northern Ireland within a prescribed period.2The enforcing authority must inform the notified body that carried out the conformity assessment in relation to the product of—athe respect in which the product is not in conformity with Part 2 ; andbthe actions which the market surveillance authority requires the relevant economic operator to take to bring the product into conformity with Part 2.3Where the enforcing authority is not the Secretary of State and it considers that the non-conformity referred to in paragraph (1) is not restricted to products that have been placed or made available on the market in Northern Ireland, it must notify the Secretary of State of—athe results of the evaluation; andbthe actions which it has required the economic operator to take.4Subject to paragraph (4A), where the Secretary of State receives notice from an enforcing authority under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to Northern Ireland, the Secretary of State must inform the European Commission and the other relevant states of—athe results of the evaluation; andbthe actions which the enforcing authority has required the economic operator to take.4AParagraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.5Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—aprohibit or restrict the product being made available on the market in Northern Ireland;bwithdraw the product from the market in Northern Ireland; orcrecall the product.6Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.7Where the Secretary of State receives a notice under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other relevant states without delay.8The notices referred to in paragraphs (6) and (7) must include details about the product and, in particular—athe information necessary to identify the product that is not in conformity;bthe origin of the product;cthe nature of the alleged lack of conformity and the risk involved;dthe nature and duration of the measures taken;ethe arguments put forward by the economic operator; andfwhether the failure of the product to conform with the requirements of Part 2 is due to—ithe failure of the product to meet the requirements of that Part and Schedule 1 relating to risk; oriishortcomings in a harmonised standards referred to in regulation 41 (presumption of conformity) which confer a presumption of conformity.9In this regulation, “prescribed period” means a period which is—aprescribed by the enforcing authority; andbreasonable and commensurate with the nature of the risk presented by the product.Enforcement action in respect of formal non-compliance711Where an enforcing authority makes one of the following findings relating to a product, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—athe CE marking—ihas not been affixed; oriihas been affixed in violation of regulation 40 (prohibition on improper use of CE marking) or regulation 54 (CE marking);aathe UK(NI) indication—ihas not been affixed, in contravention of regulation 54A; oriihas been affixed other than in accordance with regulation 54A;bthe EU declaration of conformity or the declaration referred to in Schedule 3—ihas not been drawn up; oriihas not been drawn up correctly;cthe technical documentation is either not available or is incomplete;dthe information set out in regulation 14 (duty to provide information) and regulation 21 (duty of importer to ensure products are labelled) is absent, false or incomplete;ethat there has been non-compliance with any other requirement referred to—iin the case of the manufacturer or their authorised representative in regulations 8 to 17;iiin the case of the importer in regulations 18 to 26;iiiin the case of a distributor in regulations 27 to 32; andivin the case of a private importer in regulations 36 to 38.2The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.3Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—arestrict or prohibit the product being made available on the market;bensure that the product is recalled or withdrawn from the market; orcin the case of a product imported by a private importer for their own use, that that product is prohibited or restricted.4This regulation does not apply where the product presents a risk.Review881The Secretary of State must from time to time—acarry out a review of the regulatory provisions contained in these Regulations; andbpublish a report setting out the conclusions of the review.2The first report must be published before the end of the period of 5 years beginning on the commencement date.3Subsequent reports must be published at intervals not exceeding 5 years.4Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other relevant states.5Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulations must, in particular—aset out the objectives intended to be achieved by the regulatory provisions referred to in paragraph 1(a);bassess the extent to which those objectives are achieved;cassess whether those objectives remain appropriate; anddif those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.6In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
7A conformity assessment body must not engage in any activity, including consultancy services, that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified.10A conformity assessment body must be capable of carrying out the conformity assessment tasks assigned to it by regulations 42 (applicable conformity assessment procedures) to 52 (conformity assessments carried out under module C (conformity to type based on internal production control)) and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.11At all times and for each conformity assessment procedure and each kind or category of products in relation to which it has been notified, a conformity assessment body must have at its disposal, the necessary—apersonnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;bdescriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures;cpolicies and procedures in place to distinguish between tasks that it carries out as a notified body and other activities;dprocedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the technology of the watercraft in question and the mass or serial nature of the production process; andemeans to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to all necessary equipment and facilities to perform these activities.12The personnel responsible for carrying out the conformity assessment activities must have—asound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;bsatisfactory knowledge of the requirements of the assessments that they carry out and adequate authority to carry out those assessments.1Notified bodies must carry out conformity assessments in accordance with the conformity assessment procedures provided for in regulations 42 (applicable conformity assessment procedures) to 52 (conformity assessments carried out under module C (conformity to type based on internal production control)).3Conformity assessment bodies must respect the degree of rigour and level of protection required for the compliance of the watercraft with the Directive.4Where a notified body finds that the requirements of regulation 6 (essential requirements) and Schedule 1 or the corresponding harmonised standards have not been met by the manufacturer or a private importer, that body must require that the manufacturer or private importer takes appropriate corrective measures and must not issue a conformity assessment certificate until the appropriate corrective measures have been taken.5Where, in the course of the monitoring of the conformity of the watercraft following the issue of a conformity assessment certificate, a notified body finds that a watercraft is no longer in compliance, it will require the manufacturer to take appropriate corrective measures and must suspend or withdraw the conformity assessment certificate if necessary.6Where corrective measures are not taken or do not have the required corrective effect, the notified body must restrict, suspend or withdraw any conformity assessment certificates as appropriate.71A notified body must inform the Secretary of State in writing of—aany refusal, restriction, suspension or withdrawal of a conformity assessment certificate;bany circumstances affecting the scope of and conditions for notification; andcany request for information which the notified body has received from a market surveillance authority regarding conformity assessment activities.2A notified body must, following a request from the Secretary of State, inform the Secretary of State in writing of any conformity assessment activities performed within the scope of its notification provided under regulation 56 and any other activity performed, including cross-border activities and subcontracting.8A notified body must make provision in its contracts with its clients enabling such clients to appeal against a decision—ato refuse to issue a certificate of conformity or grant approval; andbto restrict, suspend or withdraw a certificate of conformity or approval.9A notified body must provide other bodies notified under these Regulations carrying on similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.10A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.Reg. 1 in force at 3.8.2017, see reg. 1Reg. 2 in force at 3.8.2017, see reg. 1Reg. 3 in force at 3.8.2017, see reg. 1Reg. 4 in force at 3.8.2017, see reg. 1Reg. 5 in force at 3.8.2017, see reg. 1Reg. 6 in force at 3.8.2017, see reg. 1Reg. 7 in force at 3.8.2017, see reg. 1Reg. 8 in force at 3.8.2017, see reg. 1Reg. 9 in force at 3.8.2017, see reg. 1Reg. 11 in force at 3.8.2017, see reg. 1Reg. 12 in force at 3.8.2017, see reg. 1Reg. 13 in force at 3.8.2017, see reg. 1Reg. 14 in force at 3.8.2017, see reg. 1Reg. 15 in force at 3.8.2017, see reg. 1Reg. 16 in force at 3.8.2017, see reg. 1Reg. 17 in force at 3.8.2017, see reg. 1Reg. 18 in force at 3.8.2017, see reg. 1Reg. 19 in force at 3.8.2017, see reg. 1Reg. 20 in force at 3.8.2017, see reg. 1Reg. 21 in force at 3.8.2017, see reg. 1Reg. 22 in force at 3.8.2017, see reg. 1Reg. 23 in force at 3.8.2017, see reg. 1Reg. 24 in force at 3.8.2017, see reg. 1Reg. 25 in force at 3.8.2017, see reg. 1Reg. 26 in force at 3.8.2017, see reg. 1Reg. 27 in force at 3.8.2017, see reg. 1Reg. 28 in force at 3.8.2017, see reg. 1Reg. 29 in force at 3.8.2017, see reg. 1Reg. 30 in force at 3.8.2017, see reg. 1Reg. 31 in force at 3.8.2017, see reg. 1Reg. 32 in force at 3.8.2017, see reg. 1Reg. 33 in force at 3.8.2017, see reg. 1Reg. 34 in force at 3.8.2017, see reg. 1Reg. 36 in force at 3.8.2017, see reg. 1Reg. 37 in force at 3.8.2017, see reg. 1Reg. 38 in force at 3.8.2017, see reg. 1Reg. 39 in force at 3.8.2017, see reg. 1Reg. 40 in force at 3.8.2017, see reg. 1Reg. 41 in force at 3.8.2017, see reg. 1Reg. 42 in force at 3.8.2017, see reg. 1Reg. 43 in force at 3.8.2017, see reg. 1Reg. 44 in force at 3.8.2017, see reg. 1Reg. 45 in force at 3.8.2017, see reg. 1Reg. 46 in force at 3.8.2017, see reg. 1Reg. 47 in force at 3.8.2017, see reg. 1Reg. 48 in force at 3.8.2017, see reg. 1Reg. 49 in force at 3.8.2017, see reg. 1Reg. 50 in force at 3.8.2017, see reg. 1Reg. 51 in force at 3.8.2017, see reg. 1Reg. 52 in force at 3.8.2017, see reg. 1Reg. 53 in force at 3.8.2017, see reg. 1Reg. 54 in force at 3.8.2017, see reg. 1Reg. 65 in force at 3.8.2017, see reg. 1Reg. 66 in force at 3.8.2017, see reg. 1Reg. 67 in force at 3.8.2017, see reg. 1Reg. 68 in force at 3.8.2017, see reg. 1Reg. 69 in force at 3.8.2017, see reg. 1Reg. 70 in force at 3.8.2017, see reg. 1Reg. 71 in force at 3.8.2017, see reg. 1Reg. 72 in force at 3.8.2017, see reg. 1Reg. 73 in force at 3.8.2017, see reg. 1Reg. 74 in force at 3.8.2017, see reg. 1Reg. 75 in force at 3.8.2017, see reg. 1Reg. 76 in force at 3.8.2017, see reg. 1Reg. 77 in force at 3.8.2017, see reg. 1Reg. 78 in force at 3.8.2017, see reg. 1Reg. 79 in force at 3.8.2017, see reg. 1Reg. 80 in force at 3.8.2017, see reg. 1Reg. 81 in force at 3.8.2017, see reg. 1Reg. 82 in force at 3.8.2017, see reg. 1Reg. 83 in force at 3.8.2017, see reg. 1Reg. 84 in force at 3.8.2017, see reg. 1Reg. 85 in force at 3.8.2017, see reg. 1Reg. 86 in force at 3.8.2017, see reg. 1Reg. 87 in force at 3.8.2017, see reg. 1Reg. 88 in force at 3.8.2017, see reg. 1Reg. 89 in force at 3.8.2017, see reg. 1Reg. 90 in force at 3.8.2017, see reg. 1Sch. 10 para. 1 in force at 3.8.2017, see reg. 1Sch. 10 para. 2 in force at 3.8.2017, see reg. 1Sch. 10 para. 3 in force at 3.8.2017, see reg. 1Sch. 10 para. 4 in force at 3.8.2017, see reg. 1Sch. 11 para. 2 in force at 3.8.2017, see reg. 1Sch. 11 para. 3 in force at 3.8.2017, see reg. 1Sch. 11 para. 4 in force at 3.8.2017, see reg. 1Sch. 11 para. 5 in force at 3.8.2017, see reg. 1Sch. 11 para. 6 in force at 3.8.2017, see reg. 1Sch. 11 para. 7 in force at 3.8.2017, see reg. 1Sch. 11 para. 8 in force at 3.8.2017, see reg. 1Sch. 11 para. 9 in force at 3.8.2017, see reg. 1Sch. 11 para. 10 in force at 3.8.2017, see reg. 1Sch. 11 para. 11 in force at 3.8.2017, see reg. 1Sch. 11 para. 12 in force at 3.8.2017, see reg. 1Sch. 12 para. 1 in force at 3.8.2017, see reg. 1Sch. 12 para. 2 in force at 3.8.2017, see reg. 1Sch. 12 para. 3 in force at 3.8.2017, see reg. 1Sch. 12 para. 4 in force at 3.8.2017, see reg. 1Sch. 12 para. 5 in force at 3.8.2017, see reg. 1Sch. 12 para. 6 in force at 3.8.2017, see reg. 1Sch. 12 para. 7 in force at 3.8.2017, see reg. 1Sch. 12 para. 8 in force at 3.8.2017, see reg. 1Sch. 12 para. 9 in force at 3.8.2017, see reg. 1Sch. 12 para. 10 in force at 3.8.2017, see reg. 1Sch. 13 para. 1 in force at 3.8.2017, see reg. 1Sch. 13 para. 2 in force at 3.8.2017, see reg. 1Sch. 14 para. 1 in force at 3.8.2017, see reg. 1Sch. 14 para. 2 in force at 3.8.2017, see reg. 1Sch. 14 para. 3 in force at 3.8.2017, see reg. 1Sch. 14 para. 4 in force at 3.8.2017, see reg. 1Sch. 14 para. 5 in force at 3.8.2017, see reg. 1Sch. 14 para. 6 in force at 3.8.2017, see reg. 1Sch. 14 para. 7 in force at 3.8.2017, see reg. 1Sch. 14 para. 8 in force at 3.8.2017, see reg. 1Sch. 14 para. 9 in force at 3.8.2017, see reg. 1Sch. 14 para. 10 in force at 3.8.2017, see reg. 1Sch. 14 para. 11 in force at 3.8.2017, see reg. 1Sch. 14 para. 12 in force at 3.8.2017, see reg. 1Sch. 14 para. 13 in force at 3.8.2017, see reg. 1Sch. 14 para. 14 in force at 3.8.2017, see reg. 1Sch. 14 para. 15 in force at 3.8.2017, see reg. 1Sch. 14 para. 16 in force at 3.8.2017, see reg. 1Sch. 14 para. 17 in force at 3.8.2017, see reg. 1Sch. 14 para. 18 in force at 3.8.2017, see reg. 1Sch. 14 para. 19 in force at 3.8.2017, see reg. 1Sch. 14 para. 20 in force at 3.8.2017, see reg. 1Sch. 14 para. 21 in force at 3.8.2017, see reg. 1Sch. 14 para. 22 in force at 3.8.2017, see reg. 1Sch. 14 para. 23 in force at 3.8.2017, see reg. 1Sch. 14 para. 24 in force at 3.8.2017, see reg. 1Sch. 14 para. 25 in force at 3.8.2017, see reg. 1Sch. 1 in force at 3.8.2017, see reg. 1Sch. 2 in force at 3.8.2017, see reg. 1Sch. 3 in force at 3.8.2017, see reg. 1Sch. 4 in force at 3.8.2017, see reg. 1Sch. 5 in force at 3.8.2017, see reg. 1Sch. 6 in force at 3.8.2017, see reg. 1Sch. 7 in force at 3.8.2017, see reg. 1Sch. 8 in force at 3.8.2017, see reg. 1Sch. 9 in force at 3.8.2017, see reg. 1Reg. 14(2) substituted (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 11(2) (with reg. 2)Words in reg. 29 heading substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 85(2)(a) (with regs. 3-5, 77); and corresponding amendment expressed to be made (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 11(3)(a) (with reg. 2)Words in reg. 29(1) substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 85(2)(b) (with regs. 3-5, 77); and corresponding amendment expressed to be made (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 11(3)(b) (with reg. 2)Word in reg. 32(3) omitted (21.4.2018) by virtue of The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 11(4) (with reg. 2)Reg. 73(1)(d) substituted (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 11(5) (with reg. 2)Reg. 2 in force at 3.8.2017, see reg. 1Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) inserted (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. 28 para. 2(2)(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(e) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(f) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) inserted (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. 28 para. 2(2)(h) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(k) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(l) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 2(1) 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. 28 para. 2(2)(m) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) 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. 28 para. 2(2)(n) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(2)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(p) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(2)(q) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) 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. 28 para. 2(2)(s) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) inserted (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. 28 para. 2(2)(u) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 2(4)(5) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 2(3) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) 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. 28 para. 2(2)(r) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/676, regs. 1(1), 4(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) 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. 28 para. 2(2)(o) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/676, regs. 1(1), 4(16)(a)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) 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. 28 para. 2(2)(t) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/676, regs. 1(1), 4(16)(c)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(a)(i)Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(a)(ii)Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(b)(i)Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(b)(ii)Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(c)Word in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(d)(i)Word in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(d)(ii)Word in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(d)(iii)Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(e)(i)Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(e)(ii)Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(1)(f)Reg. 2(4) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(2)Words in reg. 2(5)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 2(3)This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyReg. 2A inserted (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. 28 para. 3 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 13(2)Reg. 2A(3A) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 17(b); S.I. 2020/1662, reg. 2(ee)Words in reg. 2A(1)(a) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 17(a); S.I. 2020/1662, reg. 2(ee)Word in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 17(c)(i); S.I. 2020/1662, reg. 2(ee)Words in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 17(c)(ii); S.I. 2020/1662, reg. 2(ee)Word in reg. 4(1)(g) omitted (E.W.S) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 4 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(3)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 7 in force at 3.8.2017, see reg. 1Words in reg. 7 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(1)Reg. 7(1)(c)(ii) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 5(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 7(2)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 5(b)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 7(2)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 5(b)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyReg. 10 in force at 3.8.2017, see reg. 1Reg. 10 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. 28 para. 6 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(4)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 10 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(2)(a)Words in reg. 10 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(2)(b)This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyWord in reg. 11 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 7 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 11 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 7 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 12 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWord in reg. 12(2)(b) 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. 28 para. 8(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 12(2)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 8(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 15 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 15 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(3)(a)Words in reg. 15 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(3)(b)Word in reg. 15(1) 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. 28 para. 9(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 15(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 9(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 16 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 16(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 10 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 16(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(4)Reg. 19 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWord in reg. 19(1)(a) inserted (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. 28 para. 11(a)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 19(1)(c)(i) 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. 28 para. 11(a)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 19(2)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 11(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 21 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyReg. 21(2) 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. 28 para. 12 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(q)(iii); S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(l)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 22 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 22 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(5)(a)Words in reg. 22 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(5)(b)Word in reg. 22(1) 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. 28 para. 13(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 22(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 13(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 24 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 24 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(6)Words in reg. 24(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 14 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 25 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 15 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 25 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 15 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 28 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 28 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(6)Word in reg. 28(1)(a)(i) 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. 28 para. 16(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 28(1)(a)(iii) 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. 28 para. 16(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 29 heading substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 85(2)(a) (with regs. 3-5, 77); and corresponding amendment expressed to be made (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 11(3)(a) (with reg. 2)Words in reg. 29(1) substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 85(2)(b) (with regs. 3-5, 77); and corresponding amendment expressed to be made (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 11(3)(b) (with reg. 2)Reg. 29 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 29 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(7)Words in reg. 29(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 17 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 31 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 31 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(6)Words in reg. 31(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 18 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 35 in force at 3.8.2017, see reg. 1Reg. 35 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 19 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 35 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(8)Reg. 36 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 36(1)(b)(ii) 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. 28 para. 20(a)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 36(1)(b)(iii) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 20(a)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 36(4) 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. 28 para. 20(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 39 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 39(1) 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. 28 para. 21(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 39(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 3(9)Word in reg. 39(3)(a)(i) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 21(b)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 39(3)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 21(b)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 39(3)(c) 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. 28 para. 21(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 40 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWord in reg. 40 heading 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. 28 para. 22 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 40 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. 28 para. 22 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Regs. 40A-40D inserted (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. 28 para. 23 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(5)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 41 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWord in reg. 41(1) 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. 28 para. 24(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 41(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 24(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 42 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 42 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. 28 para. 25 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 44 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 44(1) 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. 28 para. 26(2)(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 44(1)(a) 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. 28 para. 26(2)(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 44(1)(b) 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. 28 para. 26(2)(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 44(1)(b) 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. 28 para. 26(2)(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 44(1)(c)(iii) 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. 28 para. 26(2)(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 44(2) 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. 28 para. 26(3) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 44(3) 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. 28 para. 26(3) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 44(2)(c) 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. 28 para. 26(4) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 44(3)(a) 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. 28 para. 26(5) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 45 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 45 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. 28 para. 27(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 45(a) 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. 28 para. 27(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 45(b) 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. 28 para. 27(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 45(a)(i) 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. 28 para. 27(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 45(b)(i) 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. 28 para. 27(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 46 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 46(1) 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. 28 para. 28(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 46(2) 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. 28 para. 28(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 46(3) 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. 28 para. 28(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 47 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 47(1) 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. 28 para. 29(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 47(2) 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. 28 para. 29(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 47(3) 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. 28 para. 29(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 49 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 30 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 50 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 50(1) 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. 28 para. 31(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 50(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 31(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 51 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 51 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. 28 para. 32 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 52 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 52(1)(a) 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. 28 para. 33(a)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 52(1)(c) 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. 28 para. 33(a)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 52(2) 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. 28 para. 33(b)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 52(2) 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. 28 para. 33(b)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 53 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWord in reg. 53 heading 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. 28 para. 34(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 53 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 34(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 53(b) inserted (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. 28 para. 34(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 54 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 54 heading 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. 28 para. 35(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 54(4)(a) 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. 28 para. 35(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 54(4) 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. 28 para. 35(ba) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2019/1246, regs. 1(3), 16(a)); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 54(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. 28 para. 35(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 54(1) 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. 28 para. 35(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 54(1A) inserted (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. 28 para. 35(bb) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 54(2) inserted (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. 28 para. 35(bc)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 54(2) 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. 28 para. 35(bc)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 54(2) 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. 28 para. 35(bc)(iii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 54(3) inserted (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. 28 para. 35(bd)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 54(3) 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. 28 para. 35(bd)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 54(3A) inserted (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. 28 para. 35(be) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 54(4) 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. 28 para. 35(bf) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)Pt. 4 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. 28 para. 36 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(q)(v)(vi)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 55 in force at 3.8.2017, see reg. 1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyReg. 55(c) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 4(1)(c)Words in reg. 55(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 4(1)(a)Words in reg. 55(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 4(1)(b)(i)Words in reg. 55(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 4(1)(b)(ii)Word in reg. 55(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 4(1)(b)(iii)Reg. 56 in force at 3.8.2017, see reg. 1Reg. 57 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 56 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 4(2)Reg. 58 in force at 3.8.2017, see reg. 1Reg. 59 in force at 3.8.2017, see reg. 1Reg. 60 in force at 3.8.2017, see reg. 1Reg. 61 in force at 3.8.2017, see reg. 1Reg. 62 in force at 3.8.2017, see reg. 1Reg. 63 in force at 3.8.2017, see reg. 1Reg. 64 in force at 3.8.2017, see reg. 1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWords in reg. 61(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 4(3)Reg. 69 in force at 3.8.2017, see reg. 1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyReg. 69(4A) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(d)Words in reg. 69(2) 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. 28 para. 37(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 69(4) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 37(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 69(4) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(c)(i)Words in reg. 69(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(c)(ii)Words in reg. 69(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(c)(iii)Reg. 69(7) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 37(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 69(7) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(f)Words in reg. 69(8) 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. 28 para. 37(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 69(8)(f)(ii) 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. 28 para. 37(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 69(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(a)(i)Words in reg. 69(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(b)Words in reg. 69(5)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(e)(i)Words in reg. 69(5)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(e)(ii)Words in reg. 69(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(1)(a)(ii)Reg. 70 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 38 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 70(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(a)Words in reg. 70(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(b)(i)Words in reg. 70(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(b)(ii)Words in reg. 70(2)(a) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(b)(iii)Word in reg. 70(2)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(b)(iv)Reg. 70(2)(c) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(b)(v)Words in reg. 70(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(c)(i)Words in reg. 70(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(c)(ii)Words in reg. 70(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(d)(i)Words in reg. 70(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(d)(ii)Words in reg. 70(6) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(e)Words in reg. 70(7) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 5(2)(e)Reg. 71 in force at 3.8.2017, see reg. 1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyWord in reg. 71(1)(a) 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. 28 para. 39(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 71(1)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 39(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 71(1)(aa) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 13(4)Words in reg. 74 inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 13(5)Regs. 54A, 54B inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 13(3)Reg. 74A inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 13(6)Pt. 5A inserted (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. 28 para. 40 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 88 in force at 3.8.2017, see reg. 1Words in reg. 88(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 6Reg. 89A inserted (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. 28 para. 41 (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(q)(vi)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 90(1A) inserted (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. 28 para. 42(2) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 90(3) inserted (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. 28 para. 42(3) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Sch. 10 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 51 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Sch. 11 heading 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. 28 para. 52(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Sch. 11 para. 7 in force at 3.8.2017, see reg. 1Sch. 11 para. 10 in force at 3.8.2017, see reg. 1Sch. 11 para. 11 in force at 3.8.2017, see reg. 1Sch. 11 para. 12 in force at 3.8.2017, see reg. 1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyWord in Sch. 11 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. 28 para. 52(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyWord in Sch. 11 para. 11(c) 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. 28 para. 52(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Sch. 12 heading 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. 28 para. 53(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Sch. 12 para. 1 in force at 3.8.2017, see reg. 1Sch. 12 para. 3 in force at 3.8.2017, see reg. 1Sch. 12 para. 4 in force at 3.8.2017, see reg. 1Sch. 12 para. 5 in force at 3.8.2017, see reg. 1Sch. 12 para. 6 in force at 3.8.2017, see reg. 1Sch. 12 para. 7 in force at 3.8.2017, see reg. 1Sch. 12 para. 8 in force at 3.8.2017, see reg. 1Sch. 12 para. 9 in force at 3.8.2017, see reg. 1Sch. 12 para. 10 in force at 3.8.2017, see reg. 1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyThis version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland onlyThis version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyWords in Sch. 12 para. 7(1) 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 7(2) 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 12 para. 1 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. 28 para. 53(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 3 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. 28 para. 53(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 4 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. 28 para. 53(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 12 para. 4 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. 28 para. 53(e) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 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. 28 para. 53(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 12 para. 6 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. 28 para. 53(f) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 12 para. 9 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. 28 para. 53(f) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 12 para. 7 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. 28 para. 53(h)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 7 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. 28 para. 53(h)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 8 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 10 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 10 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. 28 para. 53(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 12 para. 9 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. 28 para. 53(g) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Sch. 15 inserted (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. 28 para. 54 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. A 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. 28 para. 43(2)(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 1 Pt. A para. 2.1 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. 28 para. 43(2)(b)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. A para. 2.1 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. 28 para. 43(2)(b)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 1 Pt. A para. 2.2 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. 28 para. 43(2)(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 1 Pt. A para. 2.5 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. 28 para. 43(2)(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. A para. 2.2 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. 28 para. 43(2)(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 1 Pt. B para. 1.1 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. 28 para. 43(3)(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. B para. 2.3 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. 28 para. 43(3)(b)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. B para. 2.3 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. 28 para. 43(3)(b)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. B para. 4 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. 28 para. 43(3)(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. B para. 2.5 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. 28 para. 43(3)(b)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. B para. 2.5 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. 28 para. 43(3)(b)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 1 Pt. B para. 4 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. 28 para. 43(3)(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 1 Pt. A para. 2.1 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 7(a)(i)Words in Sch. 1 Pt. B para. 4 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 7(a)(ii)Words in Sch. 3 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. 28 para. 44(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 3 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. 28 para. 44(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 3 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. 28 para. 44(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 3 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. 28 para. 44(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 4 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 45(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 4 para. 3 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. 28 para. 45(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 4 para. 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. 28 para. 45(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 4 para. 6 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. 28 para. 45(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 4 para. 7 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. 28 para. 45(e) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 4 para. 9 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 45(f)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 4 para. 9 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. 28 para. 45(f)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 4 para. 9 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. 28 para. 45(f)(iii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 4 para. 9 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 45(f)(iv) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 4 para. 9 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. 28 para. 45(f)(v) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 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. 28 para. 46(2) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 1 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. 28 para. 46(3) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 2 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. 28 para. 46(4)(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 2 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. 28 para. 46(4)(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 2 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. 28 para. 46(4)(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 5 para. 3 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. 28 para. 46(5)(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 3 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. 28 para. 46(5)(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 5 para. 3 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. 28 para. 46(5)(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 3 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. 28 para. 46(5)(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 3 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. 28 para. 46(5)(e) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 4 heading 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. 28 para. 46(6)(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 4.1 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. 28 para. 46(6)(b)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 5 para. 4.1 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. 28 para. 46(6)(b)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 5 para. 4.2 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. 28 para. 46(6)(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 4.2 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. 28 para. 46(6)(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 5 para. 4.2 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. 28 para. 46(6)(c)(iii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 4.2 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. 28 para. 46(6)(c)(iv) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 4.3 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. 28 para. 46(6)(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 5 para. 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. 28 para. 46(7) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 5 para. 3 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 7(b)Words in Sch. 6 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. 28 para. 47(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 6 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. 28 para. 47(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 6 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. 28 para. 47(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Word in Sch. 7 para. 1 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. 28 para. 48 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 8 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. 28 para. 49(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 8 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. 28 para. 49(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 8 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. 28 para. 49(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 8 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. 28 para. 49(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 9 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 50(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 9 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. 28 para. 50(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Words in Sch. 9 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. 28 para. 50(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 10Words in reg. 21(2)(a)(ii) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3Words in reg. 54(1A) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2Sch. 11 para. 1 substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), regs. 1(2), 14Words in reg. 2(1) omitted (E.W.S.) (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(2) (with reg. 23)Words in reg. 40A(8) substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(3) (with reg. 23)Reg. 40C substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(4) (with reg. 23)Reg. 89A(4)-(8) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(5) (with reg. 23)