The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

3.—(1) The Supply of Machinery (Safety) Regulations 2008(1) are amended as follows.

(2) In regulation 2(2) after the definition of “safety component” insert—

““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;”.

(3) After regulation 7(2) insert—

“(2A) Where a UK notified body carries out the functions of notified bodies specified in Annexes IX and X the CE marking must be accompanied by the UK(NI) indication affixed in accordance with paragraph (2B).

(2B) The UK(NI) indication must be affixed—

(a) in a visible, legible and indelible form to the machinery; and

(b) before the machinery is placed on the market in Northern Ireland.

(2C) Where paragraph (2A) applies, the reference to the identification number of the notified body in Schedule 2, Part 3 Annex III, is a reference to the identification number assigned to the UK notified body by the Secretary of State pursuant to regulation 19A.”.

(4) After regulation 19 insert—

“Register of UK notified bodies

19A.— (1) The Secretary of State must ensure that—

(a) each UK notified body is assigned an identification number; and

(b) there is a register of—

(i) UK notified bodies;

(ii) their notified body identification number;

(iii) the activities for which they have been notified;

(iv) any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).”.

(5) In regulation 21(1)(b)—

(a) in paragraph (iii) omit “or”;

(b) after paragraph (iii) insert—

“(iiia) the UK(NI) indication does not accompany the CE marking in contravention of regulation 7(2A); or

(iiib) the UK(NI) indication is affixed other than in accordance with regulation 7(2B); or”

(c) in paragraph (iv) after “CE marking” insert “or the UK(NI) indication”.

(6) In regulation 22(3)(a) for “or (f)” substitute “, (f), (2A) or (2B)”.

(1)

S.I. 2008/1597, amended by S.I. 2011/1043, S.I. 2011/2157; amendments extending only to Great Britain are also made prospectively with effect from IP completion day, by S.I. 2019/696; the instrument was saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018 (c.16).