PART 2Provisions in respect of MRAs
Designation of UK bodies6.
(1)
The Secretary of State may designate for the purpose of an MRA a conformity assessment body to perform conformity assessment procedures against the legislative, regulatory and administrative requirements of the other Party that are set out in or relate to products specified in an annex or appendix to an MRA listed in Schedule 2 (referred to in this regulation as a “designated body”) and any such designation must include the scope of the activities for which the body is designated.
(2)
A body may be designated under paragraph (1) only if the Secretary of State considers that the body is capable of fulfilling the functions of and meets the requirements for a designated body arising out of the MRA (referred to in this regulation as having “designated capability”).
(3)
For the purposes of paragraph (2), subject to paragraph (4), the Secretary of State may accept a certificate or schedule, issued by the United Kingdom Accreditation Service, attesting that a conformity assessment body has designated capability, as sufficient evidence that the conformity assessment body has designated capability.
(4)
In relation to designation under the Canadian MRA, for the purposes of paragraph (2), where the United Kingdom Accreditation Service has not been recognised by Canada under the Canadian MRA as competent to provide the certificate or schedule referred to in paragraph (3), the Secretary of State may accept an attestation that a conformity assessment body has designated capability issued by another accreditation body as sufficient evidence that the conformity assessment body has designated capability, provided that other accreditation body has been duly recognised by Canada as competent to issue such attestation.
(5)
The Secretary of State must monitor each designated body with a view to verifying that the designated body continues to have designated capability.
(6)
The Secretary of State may vary the scope of the activities for which the designated body has been designated.
(7)
The Secretary of State may restrict, suspend or withdraw any designation of a body under paragraph (1) if—
(a)
the body so requests;
(b)
the Secretary of State considers that the body no longer has designated capability; or
(c)
the Secretary of State is required to do so under the MRA.
(8)
Before—
(a)
effecting a variation under paragraph (6); or
(b)
restricting, suspending or withdrawing a designation under paragraph (7), otherwise than at the designated body’s request or when required to do so under the MRA,
the Secretary of State must notify and give to the designated body an opportunity to make representations within a reasonable period from the date of the notice and consider any such representations made by the designated body.
(9)
The Secretary of State may compile and maintain a register of designated bodies and the activities for which they have been designated.
(10)
The Secretary of State may authorise the United Kingdom Accreditation Service to carry out the following activities under this regulation on behalf of the Secretary of State—
(a)
assessing whether a conformity assessment body has designated capability;
(b)
monitoring designated bodies in accordance with paragraph (5); or
(c)
compiling and maintaining the register of designated bodies in accordance with paragraph (9); and
(d)
verifying that the accreditation body referred to in paragraph (4) has been duly recognised by Canada.