The Telecommunications Terminal Equipment Regulations 1992

• Citation: S.I. 1992/2423
• Sections: 103

Section 1 Citation and commencement

These Regulations may be cited as the Telecommunications Terminal Equipment Regulations 1992 and shall come into force on 6th November 1992.

Section 2 Disapplication of legislation to telecommunications terminal equipment and consequential modification of approvals thereunder and of telecommunication system licences

(1) Sections 22 and 84 of the Telecommunications Act 1984 and approvals given under either of those sections shall cease to apply to applicable terminal equipment on 6th November 1992.

(2) The said sections 22 and 84 shall be modified in their application to exempt terminal equipment so that the power to vary an approval given thereunder to the extent that it relates to such equipment shall not, on and after 6th November 1992, include the power to vary such an approval so as to—

(a) permit the connection of the terminal equipment concerned to any additional public telecommunication system; or

(b) relax the conditions which must be complied with if the approval is to apply.

(3) On 6th November 1992, the orders listed in Schedule 1 hereto (being orders made under sections 28 and 29 of the said Act of 1984 imposing certain requirements relating to the marking, labelling and advertisement of telecommunication apparatus) shall cease to apply in respect of—

(a) applicable terminal equipment; and

(b) connection-capable equipment and radio connection-capable equipment.

(4) Where a licence granted under section 7 of the said Act of 1984 to run a telecommunication system or a licence granted, or regulations made, under section 1 of the Wireless Telegraphy Act 1949 contain provisions (howsoever expressed) which are framed by reference to apparatus for the time being approved under section 22 or section 84 as the case may be of the said Act of 1984, then, on and after 6th November 1992, such provisions shall have effect, in so far as they relate to applicable terminal equipment, as if a reference (howsoever expressed) to apparatus for the time being approved under the said section 22 or section 84 as the case may be were a reference to applicable terminal equipment which complies with the requirements of regulation 8 of these Regulations.

Section 3 Interpretation

(1) In these Regulations, the “TTE Directive” means Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity .

(2) In these Regulations—

“the 1984 Act” means the Telecommunications Act 1984;

“ additional approval ” means an additional approval issued by—

a United Kingdom notified body pursuant to regulation 21 below; or

a notified body appointed by a member State other than the United Kingdom pursuant to point 6 of Annex I of the TTE Directive;

“ applicable terminal equipment ” shall be construed in accordance with regulation 4(2) to (6) below;

“ approved product ” means a type, or any of the several versions thereof, in respect of which an EC type-examination certificate is in force;

“ authorised representative ” means a person established within the Community appointed by the manufacturer (whether or not established within the Community) to act on his behalf;

“ CE mark ” has the meaning given by regulation 10(5)(a) below;

“the Commission” means the Commission of the European Communities;

“the Community” means the European Economic Community;

“ conformity assessment requirements ” shall be construed in accordance with regulation 9 below;

“ conformity to type ” shall be construed in accordance with regulation 24 below;

“ connection-capable equipment ” has the meaning given by regulation 4(4) below;

“ connection marking requirements ” shall be construed in accordance with regulation 10 below;

“ connection symbol ” has the meaning given by regulation 10(5)(c) below;

“the Council” means the Council of the European Communities;

“Council Directive 86/361/EEC” means Council Directive 86/361/EEC on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment ;

“ designated test laboratory ” has the meaning given by regulation 57(b) below;

“ EC declaration of conformity ” means a written declaration that applicable terminal equipment satisfies the relevant requirements of the TTE Directive drawn up by a manufacturer who has chosen to comply with the conformity assessment requirements pursuant to the EC declaration of conformity procedure pursuant to point 1 of Annex IV to the TTE Directive;

“ EC declaration of conformity procedure ” shall be construed in accordance with regulations 9(b) and 38(2) below;

“ EC declaration of conformity to type ” means a written declaration that applicable terminal equipment conforms with a type or modification as the case may be drawn up by a manufacturer (or, in the case of (a) below, alternatively by his authorised representative) who has chosen to comply with the conformity assessment requirements pursuant to the EC type-examination procedure pursuant to—

point 1 of Annex II to the TTE Directive where he has carried out conformity to type; or

point 1 of Annex III to that Directive, where he has carried out production quality assurance;

“ EC type-examination certificate ” means an EC type-examination certificate issued in respect of a type by—

a United Kingdom notified body pursuant to regulation 18 below as varied, where applicable, pursuant to regulation 22 below; or

a notified body of a member State pursuant to point 5 of Annex I of the TTE Directive;

“ EC type-examination procedure ” shall be construed in accordance with regulations 9(a) and 14(1) below;

“ enforcement authority ” shall be construed in accordance with regulation 61 below;

“ exempt terminal equipment ” has the meaning given by regulation 6(3) below;

“ full quality assurance ” shall be construed in accordance with regulation 38(2) below;

“ full quality assurance approved quality system ” means a quality system for design, manufacture and final product inspection and testing which is for the time being approved by—

a United Kingdom notified body pursuant to regulation 43 below, as modified where applicable pursuant to regulation 45 or 47 below; or

a notified body of a member State other than the United Kingdom pursuant to point 3 of Annex IV of the TTE Directive, including, where applicable, as modified pursuant to point 3.4 of the said Annex,

for the purposes of the EC declaration of conformity procedure;

“ intended purpose declaration ” has the meaning given by regulation 12(4) below;

“the Low Voltage Directive” means Council Directive 73/23/EEC on the harmonization of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits ;

“ modification ” means a change to an approved product where the change may affect the conformity with the essential requirements or the prescribed conditions for use of the product;

“ non-connection symbol ” has the meaning given by regulation 12(1)(d)(ii) below;

“ notified body ” means a body for carrying out the certification, product checks and associated surveillance tasks pertaining to the procedures referred to in Article 9 of the TTE Directive which is—

for the time being a United Kingdom notified body pursuant to regulation 50 below; or

for the time being recognised, and notified to the Commission, as a notified body for the purposes of that Directive, by a member State other than the United Kingdom pursuant to Article 10.1 of that Directive;

“ notified body symbol ” has the meaning given by regulation 10(5)(b) below;

“ production quality assurance ” shall be construed in accordance with regulation 27 below;

“ production quality assurance approved quality system ” means a quality system for production, final product inspection and testing which is for the time being approved by—

a United Kingdom notified body pursuant to regulation 31 below, as modified where applicable pursuant to regulation 33 or 35 below; or

a notified body of a member State other than the United Kingdom pursuant to point 3 of Annex III of the TTE Directive, including, where applicable, as modified pursuant to point 3.4 of the said Annex,

for the purposes of the production quality assurance part of the type-examination procedure;

“ public telecommunications network ” means—

in the United Kingdom, all public telecommunication systems; and

in any member State other than the United Kingdom, the public telecommuni-cations infrastructure which permits the conveyance of signals between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means and which is recognised as a public telecommunications network in accordance with the laws of that member State;

“ public telecommunication system ” means any telecommunication system for the time being designated as a public telecommunication system by order made under section 9 of the 1984 Act;

“ radio ” means wireless telegraphy as defined in section 19(1) of the Wireless Telegraphy Act 1949;

“ radio connection-capable equipment ” has the meaning given by regulation 4(6) below;

“ radio frequency spectrum ” means that part of the electromagnetic spectrum at frequencies not exceeding 3,000 GHz;

“ recognised test laboratory ” has the meaning given by regulation 57(a) below;

“ responsible person ” means—

in relation to equipment manufactured in the United Kingdom, the manufacturer;

in relation to equipment manufactured outside the United Kingdom which is supplied or put into service, whichever is the earlier, without previously having been supplied or put into service in another member State, the manufacturer’s authorised representative established in the United Kingdom or the supplier or person who puts the equipment into service, as the case may be;

“ supply ” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly;

“ technical documentation ” means such documentation as is necessary to enable the conformity of a type (or all the versions thereof, where applicable) with the essential requirements to be assessed, and, without prejudice to the generality of the foregoing, so far as is relevant for such assessment, documentation covering the design, manufacture and operation of the product; and “ additional technical documentation ” in relation to a modification means such documentation, when taken together with the technical documentation in respect of the approved type from which the modification derives, as is necessary to enable the conformity of the modification with the essential requirements or the prescribed conditions for use to be assessed;

“ telecommunication apparatus ”, “ telecommunication service ” and “ telecommunication system ” have the meanings respectively given by section 4 of the 1984 Act;

“ third country relevant body ” has the meaning given by regulation 57(c) below; and

“ type ” means a specimen of applicable terminal equipment, representative of the production envisaged, and a type may cover several versions of the product provided that the differences between the versions do not affect the level of safety and the other requirements concerning the performance of the product, and “ version ” shall be construed accordingly.

(3) For the purposes of these Regulations, a common technical regulation is a measure adopted by the Commission in accordance with Article 6.2 of the TTE Directive, a reference of which has been published in the Official Journal of the European Communities, and which may be applied by any person from the date of such publication, and shall be applied from the date specified in it.

(4) For the purposes of these Regulations—

(a) a harmonized standard (except in regulations 31(2), 43(2), 51(3) and 58(10)) is a technical specification (European standard or harmonization document)—

(i) adopted for the purposes of Article 6.1 of the TTE Directive on the basis of a remit from the Commission in accordance with the provisions of Directive 83/189/EEC by one of the bodies competent to adopt harmonized standards, that is to say—

(aa) the European Committee for Standardization (CEN);

(bb) the European Committee for Electrotechnical Standardization (CENELEC); or

(cc) the European Telecommunications Standards Institute (ETSI); and

(ii) the reference number of which has been published in the Official Journal of the European Communities pursuant to that sub-article and which has not been withdrawn from the said Official Journal pursuant to Article 7 of the TTE Directive; and

(b) a relevant national standard is a standard—

(i) of a member State which implements a harmonized standard; and

(ii) in the case of a national standard of the United Kingdom, the reference number of which has been published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes in recognition of it as such and not withdrawn by means of a further such notice.

(5) For the purposes of these Regulations, terminal equipment shall be regarded as connected to a public telecommunications network, whether the system of connection may be by wire, radio, optical or other electromagnetic system, if—

(a) it is directly connected thereto, that is to say, it would be regarded as connected thereto for the purposes of the 1984 Act in accordance with section 4 thereof; or

(b) it is connected indirectly thereto, that is to say, it is not connected directly thereto but would be regarded as connected thereto for the purposes of the 1984 Act were section 4(6) omitted therefrom,

and “connected”, “connected directly” and “connected indirectly”, and expressions cognate to those expressions, shall be construed accordingly.

Section 4 Terminal equipment

(1) Subject to paragraphs (2) and (3) below, a reference to terminal equipment is a reference to connectable equipment, that is to say, equipment intended to be connected to the public telecommunications network, that is to say—

(a) to be connected directly to the termination of a public telecommunications network; or

(b) to interwork with a public telecommunications network being connected directly or indirectly to the termination of a public telecommunications network,

in order to send, process or receive information; and for purposes of these Regulations, equipment shall, subject to paragraphs (4) to (6) below, be taken to be intended for connection to a public telecommunications network if it is designed so as to be capable of such connection.

(2) Terminal equipment (other than equipment excluded from the scope of these Regulations by regulation 6(3) and (4) below) shall, subject to paragraphs (3), (4) and (6) of this regulation, be applicable terminal equipment.

(3) Terminal equipment in respect of which no common technical regulation is in force shall not be applicable terminal equipment; and for the purposes of these Regulations, a common technical regulation shall not be taken to be in force in respect of any terminal equipment, until the date specified in it from which it shall be applied.

(4) Terminal equipment other than equipment which makes use of a system of communication employing the radio frequency spectrum which would, except for the operation of this paragraph, be applicable terminal equipment, shall not be applicable terminal equipment if—

(a) the requirements of regulation 12 (relating to the intended purpose declaration) have been complied with; and

(b) the intended purpose of the equipment does not involve connection to a public telecommunications network, and for the purposes of this sub-paragraph, the intended purpose of the equipment shall be justified having regard to all the circumstances, and, without prejudice to the generality of the foregoing, in particular to—

(i) its relevant technical characteristics;

(ii) its functions; and

(iii) indications of the market segment it is intended for,

and equipment which is not applicable terminal equipment pursuant to this paragraph is referred to in these Regulations as “ connection-capable equipment ”.

(5) Subject to paragraph (6) below, terminal equipment which makes use of a system of communication employing the radio frequency spectrum shall for the purposes of these Regulations be taken to be intended for connection to a public telecommunications network and accordingly shall, save as provided by paragraph (3) of this regulation and regulation 6(3) and (4) below, be taken to be applicable terminal equipment.

(6) Where equipment employing the radio frequency spectrum is designed to be capable of connection to a public telecommunications network if an adjustment were made thereto or a blocking mechanism were unblocked, that equipment shall not be regarded as applicable terminal equipment pursuant to paragraph (5) above unless such adjustment is made or such mechanism is unblocked, as the case may be, and equipment which is not applicable terminal equipment pursuant to this paragraph is referred to in these Regulations as “ radio connection-capable equipment ”.

Section 5 Essential requirements

(1) Subject to paragraphs (2) and (3) below, in these Regulations a reference to the essential requirements is a reference to the following requirements—

(a) user safety, in so far as this requirement is not covered by the Low Voltage Directive;

(b) safety of employees of public telecommunications networks operators, in so far as this requirement is not covered by the Low Voltage Directive;

(c) electromagnetic compatibility requirements in so far as they are specific to applicable terminal equipment ;

(d) protection of the public telecommunications network from harm;

(e) effective use of the radio frequency spectrum, where appropriate;

(f) interworking of terminal equipment with public telecommunications network equipment for the purpose of establishing, modifying, charging for, holding and clearing real or virtual connection; and

(g) interworking of terminal equipment via the public telecommunications network, in justified cases.

(2) For the purposes of these Regulations, there shall be a presumption “the presumption of conformity”) that, unless the contrary is proved, applicable terminal equipment complies with the requirements referred to in sub-paragraphs (a) and (b) of paragraph (1) above if that equipment is in conformity with relevant national standards covering all of the relevant characteristics of the equipment.

(3) A reference to the requirements referred to in sub-paragraphs (c) to (g) of paragraph (1) above is a reference to those requirements as implemented in common technical regulations pursuant to the second indent of Article 6.2 of the TTE Directive.

(4) The essential requirements concerning interworking of applicable terminal equipment via the public telecommunications network in justified cases shall be the requirements provided for in measures adopted by the Commission pursuant to Article 4(g), and paragraph 3 or 4, as the case may be, of Article 14 of the TTE Directive.

(5) In this regulation, “ justified cases ” means the cases where terminal equipment supports—

(a) a reserved service according to Community law; or

(b) a service for which the Council has decided that there should be Community-wide availability.

Section 6 Application and transitional provisions

(1) These Regulations, except for regulation 12(1) and Schedules 4 and 5, apply to applicable terminal equipment which is not excluded from their application by paragraphs (3) and (4) below.

(2) Regulation 12(1) and Schedules 4 and 5 apply to connection-capable equipment and radio connection-capable equipment except where such equipment was first supplied or put into service within the Community before 6th November 1992.

(3) Save for regulations 2(2), 3(2) and 4 above and this paragraph, these Regulations do not apply to terminal equipment which is approved under an approval given before 6th November 1992 under section 22 or 84 of the 1984 Act in respect of terminal equipment which satisfies a specification which is a common type approval specification within the meaning of Article 2.14 of Council Directive 86/361/EEC (including a NET within the meaning of Article 2.15 thereof) where such approval is in force on the date on which the equipment is supplied or put into service, as the case may be (in these Regulations referred to as “ exempt terminal equipment ”).

(4) These Regulations do not apply to terminal equipment which the supplier believes (with reasonable cause) will not be put into service either in the United Kingdom or in another member State.

Section 7 General duty for applicable terminal equipment

No person shall—

(a) supply;

(b) connect, or permit to remain connected, to a public telecommunications network, or

(c) put into service;

applicable terminal equipment unless the requirements of regulation 8 below are complied with.

Section 8 Requirements for supply, putting into service and connection of applicable terminal equipment to a public telecommunications network

The requirements of this regulation are that—

(a) the applicable terminal equipment satisfies the essential requirements;

(b) the conformity assessment requirements have been complied with; and

(c) the connection marking requirements are complied with.

Section 9 Conformity assessment requirements

The conformity assessment requirements are that, according to the choice of the manufacturer or his authorised representative the requirements of either—

(a) Part III (in these Regulations referred to as “ the EC type-examination procedure ”); or

(b) Part IV (in these Regulations referred to as “ the EC declaration of conformity procedure ”),

are complied with.

Section 10 Connection marking requirements

(1) The connection marking requirements are that there shall be affixed to applicable terminal equipment—

(a) the following marks in the following order—

(i) the CE mark;

(ii) the notified body symbol; and

(iii) the connection symbol; and

(b) an inscription identifying the equipment—

(i) by means of—

(aa) type; and

(bb) batch or serial numbers or both; and

(ii) by the name of the manufacturer or supplier responsible for first supplying it in the Community.

(2) Where applicable terminal equipment is the subject of Community Directives other than the TTE Directive providing for the affixing of a mark consisting of or including the symbol “CE”, the CE mark may only be affixed thereto for the purposes of these Regulations if the equipment conforms with the relevant requirements of those other Directives.

(3) No person shall affix the CE mark, or the connection symbol, or any other inscription liable to be confused with either such mark, to applicable terminal equipment which does not comply with regulation 8(a) and (b) above.

(4) No person shall affix the CE mark, or any inscription liable to be confused therewith, in relation to any terminal equipment other than applicable terminal equipment; provided that nothing in this paragraph shall prohibit the affixing of the CE mark to any terminal equipment pursuant to any Community right or obligation other than the TTE Directive.

(5) In these Regulations—

(a) “ CE mark ” means a mark consisting of the symbol “CE” in the form shown in Schedule 2 hereto;

(b) “ notified body symbol ” means the identifying symbol of the notified body responsible, that is to say, the symbol notified to the Commission pursuant to Article 10.1 of the TTE Directive in respect of the notified body which has been chosen by the manufacturer to carry out the product check procedure, has approved the production quality assurance quality system, or approved the full quality assurance approved quality system, as the case may be, such symbol being affixed in the form shown in Schedule 3 hereto; and

(c) “ connection symbol ” means the symbol shown in the said Schedule 3 indicating that the equipment is intended and is suitable to be connected to the public telecommunications network.

Section 11 Retention of documentation

(1) Where applicable terminal equipment is—

(a) manufactured in the United Kingdom; or

(b) first supplied or put into service, whichever is the earlier, in the United Kingdom without previously having been supplied or put into service in the Community,

the respnosible person shall hold at the disposal of the Secretary of State for ten years beginning with the date on which the last item of applicable terminal equipment is manufactured, the following—

(i) where the manufacturer has complied with the conformity assessment requirements pursuant to the EC type-examination procedure—

(aa) the EC type-examination certificate, and, where applicable, the documentation evidencing additional approval;

(bb) the technical documentation;

(cc) the EC declaration of conformity to type; and

(dd) where the manufacturer has carried out production quality assurance—

(A) the documentation referred to in the second indent of point 3.1 of Annex III of the TTE Directive;

(B) the updating referred to in the second paragraph of point 3.4 of that Annex; and

(C) the decisions and reports from the notified body which are referred to in the final paragraphs of points 3.4, 4.3 and 4.4. of that Annex;

(ii) where the manufacturer has complied with the conformity assessment requirements pursuant to the EC declaration of conformity procedure—

(aa) the EC declaration of conformity;

(bb) the documentation referred to in the second indent of point 3.1 of Annex IV to the TTE Directive;

(cc) the updating referred to in the second paragraph of point 3.4 of that Annex; and

(dd) the decisions and reports from the notified body which are referred to in the final paragraphs of points 3.4, 4.3 and 4.4 of that Annex.

(2) Any documentation to be retained by the responsible person pursuant to the requirements of paragraph (1) above may be kept by recording the matters in question in a manner other than material form provided, however, adequate precautions shall be taken for guarding against falsification.

(3) The power conferred on a responsible person in paragraph (2) above includes power to keep the documentation by recording those matters otherwise than in legible form, so long as the recording is capable of being reproduced in a legible form.

(4) If the responsible person records the documentation in question otherwise than in a legible form, any duty imposed on him by these Regulations to allow inspection of, or to furnish a copy of, the documentation or any part of it is to be treated as a duty to allow inspection of, or to furnish, a reproduction of the document or the relevant part of it in legible form.

Section 12 General duty for terminal equipment not intended for connection

(1) No person shall supply or put into service connection-capable equipment or radio connection-capable equipment unless—

(a) the manufacturer or person who first supplies the equipment within the Community has made an intended purpose declaration;

(b) at the time when such equipment is first supplied in the Community (or, if it is put into service without being supplied in the Community, when it is so put into service) a copy of the intended purpose declaration is transmitted to a notified body;

(c) such equipment is accompanied by—

(i) a copy of the intended purpose declaration; and

(ii) the operating manual; and

(d) there is affixed to such equipment—

(i) the CE mark; and

(ii) the symbol shown in Schedule 4 (“the non-connection symbol”) hereto in such a way that it follows the CE mark and visually forms an integral part of the total marking.

(2) No person shall affix to connection-capable equipment or radio connection-capable equipment—

(a) the CE mark, unless—

(i) it is equipment to which paragraph (1) above applies; and

(ii) the requirements of that paragraph other than sub-paragraph (d)(i) are complied with: provided that nothing in this sub-paragraph shall prohibit the affixing of the CE mark to any such equipment pursuant to any Community right or obligation other than the TTE Directive; or

(b) the connection symbol.

(3) No person shall connect, or permit to remain connected, connection-capable equipment or radio connection-capable equipment to any public telecommunications network.

(4) In these Regulations “ intended purpose declaration ” means a declaration in English (or another language acceptable to the notified body) in the model provided for in Schedule 5 to these Regulations that equipment is not intended for connection to a public telecommunications network.

Section 13 Application of Part III

This Part shall have effect for providing for the manner in which the conformity assessment requirements may be complied with where the manufacturer or his authorised representative chooses the EC type-examination procedure.

Section 14 The EC type-examination procedure

(1) The EC type-examination procedure shall consist of two parts, as follows—

(a) EC type-examination;

(b) the EC declaration of conformity to type procedure.

(2) The EC declaration of conformity to type procedure shall consist of—

(a) either—

(i) conformity to type; or

(ii) production quality assurance; and

(b) the drawing up by the manufacturer of an EC declaration of conformity to type (which it is hereby declared for the avoidance of doubt may relate to any number of items of applicable terminal equipment).

Section 15 The conformity assessment requirements pursuant to the EC type-examination procedure

The conformity assessment requirements are complied with in relation to applicable terminal equipment pursuant to the EC type-examination procedure if—

(a) there is in force in respect of a type of that equipment an EC type-examination certificate issued by a notified body, or where the equipment is a modification, there is in force in respect thereof an additional approval issued by the notified body which issued the EC type-examination certificate in respect of the approved product from which the modification derives; and

(b) subject to regulation 36, the manufacturer has, having carried out conformity to type or production quality assurance, drawn up an EC declaration of conformity to type. EC type examination

Section 16 EC type-examination

Regulations 17 to 23 below shall have effect in relation to EC type-examination, that is to say, that part of the procedure provided for in Annex I of the TTE Directive whereby a notified body ascertains and attests that a type meets the provisions of that Directive that apply to it.

Section 17 Application for EC type-examination

(1) The manufacturer of applicable terminal equipment or his authorised representative may lodge an application for the EC type-examination with a notified body of his choice.

(2) An application for EC type-examination made to a United Kingdom notified body shall be in English (or another language acceptable to the notified body) and shall include—

(a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address in addition;

(b) a written declaration that the same application has not been lodged with any other notified body and that the applicable terminal equipment is intended for connection to the public telecommunications network; and

(c) the technical documentation,

and the applicant shall—

(i) place the type at the disposal of the United Kingdom notified body; and

(ii) comply with any request made by the United Kingdom notified body for further specimens if needed for carrying out the test programme.

Section 18 EC type-examination by a United Kingdom notified body

(1) In carrying out EC type-examination, a United Kingdom notified body shall—

(a) examine the technical documentation, verify that the type has been manufac-tured in conformity with it and identify the elements which have been designed in accordance with the relevant provisions of the harmonized national standards, as well as the components of those standards;

(b) perform, or have performed by a recognised test laboratory, the appropriate examinations and necessary tests to check whether the solutions adopted by the manufacturer meet the essential requirements referred to in sub-paragraphs (a) and (b) of regulation 5(1) above; and

(c) perform, or have performed by a recognised test laboratory, the appropriate examinations and necessary tests to check that the type meets the relevant common technical regulations.

(2) The United Kingdom notified body shall agree with the applicant on the location where the examinations and necessary tests referred to in paragraph (1) above which are to be conducted by or on behalf of that body are to be carried out.

(3) Where it appears to a United Kingdom notified body carrying out EC type-examination that the type does not meet the provisions of the TTE Directive, it shall, subject to regulation 54 below, refuse to grant the EC type-examination certificate.

Section 19 EC type-examination certificates issued by United Kingdom notified bodies

(1) Where it appears to a United Kingdom notified body carrying out EC type-examination that the type meets the provisions of the TTE Directive, it shall issue an EC type-examination certificate to the applicant.

(2) An EC type-examination certificate issued pursuant to paragraph (1) above shall contain—

(a) the name and address of the manufacturer;

(b) conditions for its validity and prescribed conditions for use of the product; and

(c) the necessary data for identification of the approved type,

and a list of the relevant parts of the technical documentation shall be annexed to the certificate.

Section 20 Modifications to the approved type

(1) An application for additional approval in respect of a modification to an approved product shall be made to the notified body that holds the technical documentation concerning the EC type-examination certificate for the approved product.

(2) An application for additional approval made to a United Kingdom body shall include—

(a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address in addition;

(b) identifying particulars of the approved product to which the modification relates and its EC type-examination certificate; and

(c) the additional technical documentation,

and the applicant shall—

(i) place a specimen of the modification at the disposal of the United Kingdom notified body; and

(ii) comply with any request made by the United Kingdom notified body for further specimens if needed for carrying out the test programme.

(3) Regulation 18 above shall apply to an application made to a United Kingdom notified body for an additional approval as if references to the type were references to the modification, and references to the EC type-examination certificate were references to the additional approval, provided that the United Kingdom notified body shall only be required to carry out the procedures referred to in paragraph (1) thereof to the extent that it appears necessary to that body to determine the application.

Section 21 Additional approvals issued by United Kingdom notified bodies

(1) Where it appears to a United Kingdom notified body to which an application for additional approval has been made that the modification meets the provisions of the TTE Directive, it shall issue an additional approval to the applicant.

(2) An additional approval issued pursuant to paragraph (1) above shall contain—

(a) the name and address of the manufacturer;

(b) conditions for its validity and prescribed conditions for use of the modification; and

(c) the necessary data for identification of the modification, and the approved type to which it relates and the EC type-examination certificate in respect thereof,

and a list of the relevant parts of the additional technical documentation shall be annexed to the approval.

Section 22 Variation of EC type-examination certificates and additional approvals issued by United Kingdom notified bodies

A United Kingdom notified body which issued an EC type-examination certificate or an additional approval—

(a) may, at the request of the holder; or

(b) shall, subject to regulation 54 below, where it appears to that body to be necessary to ensure that products manufactured in accordance therewith meet the provisions of the TTE Directive,

vary the conditions for its validity or the prescribed conditions for use of the approved product or modification as the case may be.

Section 23 Withdrawal of EC type-examination certificates and additional approvals

Subject to regulation 54 below, where a United Kingdom notified body is satisfied that a type or modification in respect of which it issued an EC type-examination certificate or an additional approval as the case may be does not comply with the provisions of the TTE Directive, it shall withdraw the certificate or approval.

Section 24 The conformity to type part of the procedure

Regulations 25 and 26 below shall have effect in relation to a manufacturer or his authorised representative who chooses to carry out the EC declaration of conformity to type procedure pursuant to the conformity to type part of the procedure, that is to say, that part of the procedure provided for in Annex II of the TTE Directive whereby the manufacturer, or his authorised representative ensures and declares pursuant to that Annex that the applicable terminal equipment concerned is in conformity with the type as described in the EC type-examination certificate, or with the modification described in the additional approval, as the case may be, and satisfies the requirements of the TTE Directive which apply to it.

Section 25 Manufacturer’s duty

In producing applicable terminal equipment to an approved type, the manufacturer shall take all measures necessary to ensure that the manufacturing process assures compliance of the manufactured products with the type as described in the EC type-examination certificate and additional approval where appropriate and with the requirements of the TTE Directive that apply to them.

Section 26 Product check procedure

(1) The manufacturer shall choose a notified body to carry out random product checks as provided for in the procedure set out in paragraph (2) below (“the product check procedure”), and shall permit that notified body to carry out that procedure, and without prejudice to the generality of the foregoing, he shall—

(a) allow the notified body access for the purpose of taking samples of the final products;

(b) provide the notified body with such access, information, facilities and assistance as it may reasonably require in carrying out that procedure.

(2) The conformity to type product check procedure shall consist of—

(a) the notified body carrying out, or having carried out by a recognised test laboratory, product checks at random intervals;

(b) the taking of an adequate sample of the final products, by the notified body or on its behalf, and the notified body carrying out or having carried out by a recognised test laboratory an examination and appropriate tests to check the conformity of products with the relevant requirements of the TTE Directive.

(3) Where it appears to a United Kingdom notified body acting pursuant to paragraph (1) above that one or more of the products checked do not fulfil the relevant conditions, it shall report the matter—

(a) to the notified body (if not itself) which issued the EC type-examination certificate or additional approval, as the case may be;

(b) where the products are manufactured, or the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been supplied or put into service or connected to the public telecommunications network in the United Kingdom, to the enforcement authority;

(c) where the products are manufactured, or the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been supplied or put into service or connected to a public telecommunications network in a member State other than the United Kingdom, to the appropriate authorities in that member State; or

(d) where the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been connected to a public telecommunications network in the United Kingdom or another member State, to the operator thereof.

(4) For the avoidance of doubt, it is hereby declared that the notified body referred to in paragraph (1) above need not be the same notified body as the one which granted the EC type-examination certificate or additional approval, as the case may be.

(5) If the manufacturer fails to comply with his obligations under paragraph (1)(a) and (b) above—

(a) where that United Kingdom notified body is the body which granted the EC type-examination certificate, it shall suspend the certificate; and

(b) where another notified body granted the EC type-examination certificate, it shall report the matter to that other body for appropriate action and, where that other body is a United Kingdom notified body, that other body shall suspend the certificate;

and a certificate suspended pursuant to this paragraph shall remain suspended until the manufacturer complies with the requirements of paragraph (1)(a) and (b) above.

Section 27 The production quality assurance part of the procedure

Regulations 28 to 35 below shall have effect in relation to a manufacturer who chooses to carry out the EC declaration of conformity to type procedure pursuant to the production quality assurance part of the procedure, that is to say, that part of the procedure provided for in Annex III of the TTE Directive whereby the manufacturer who operates a production quality assurance approved quality system ensures and declares pursuant to that Annex that the applicable terminal equipment concerned fulfils the relevant conditions.

Section 28 Manufacturer’s duty

The manufacturer shall operate a production quality assurance approved quality system.

Section 29 Application for approval of a production quality assurance quality system

(1) The manufacturer shall lodge an application for approval of his quality system with a notified body of his choice, for the products concerned.

(2) An application for approval of a quality system made to a United Kingdom notified body shall include—

(a) all relevant information for the product category envisaged;

(b) the documentation concerning the quality system; and

(c) if applicable, the technical documentation of the approved type and a copy of the EC type-examination certificate, and, where the application relates to the production of a modification, the additional technical documentation and the additional approval.

Section 30 Requirements for the approval of quality systems by a United Kingdom notified body

A United Kingdom notified body shall not approve a quality system unless—

(a) it ensures that products fulfil the relevant conditions;

(b) all the elements, requirements and provisions of the quality system are documented in a systematic and orderly manner in the form of written policies, procedures and instructions;

(c) the quality system documentation permits a consistent interpretation of the quality programmes, plans, manuals and records;

(d) the quality system documentation contains an adequate description of—

(i) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(ii) the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(iii) the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

(iv) the quality records; and

(v) the means to monitor the achievement of the required product quality and the effective operation of the quality system.

Section 31 Assessment of quality systems by a United Kingdom notified body

(1) A United Kingdom notified body with which an application has been lodged for the approval of a quality system shall assess the quality system to determine whether it satisfies the requirements of regulation 30 above, and the following provisions of this regulation shall have effect in relation to the conduct of the assessment.

(2) The United Kingdom notified body shall presume conformity with those requirements in respect of quality systems that implement a standard which is for the time being a relevant harmonized standard for the purposes of point 3.3 of Annex III of the TTE Directive .

(3) The auditing team shall have at least one member with experience of evaluation in the product technology concerned.

(4) The evaluation procedure shall include an inspection visit to the manufacturer’s premises concerned.

(5) Subject to regulation 54 below, the United Kingdom notified body shall inform the manufacturer by notice in writing of the decision on whether to approve the quality system, and such notice shall contain the conclusions of the examination and the reasoned assessment decision.

Section 32 Manufacturer’s undertaking

Where a United Kingdom notified body informs the manufacturer pursuant to regulation 31(5) above that it has decided to approve the quality system, the approval shall not have effect until the manufacturer has deposited with that body a written undertaking to fulfil the obligations arising out of the quality system as approved and to uphold it so that it remains adequate and effective.

Section 33 Modifications to quality systems

(1) Where a manufacturer intends to update a production quality assurance approved quality system approved by a United Kingdom notified body, the manufacturer or his authorised representative shall apply to that body for the approval of the quality system as modified in accordance with the proposed modifications.

(2) Subject to regulation 54 below, the United Kingdom notified body shall, on application made pursuant to paragraph (1) above, evaluate the proposed modifications and decide whether the amended quality system will satisfy the requirements of regulation 30 above or whether a re-assessment pursuant to regulation 31 would be required to evaluate the system as modified in accordance with the proposals.

(3) The United Kingdom notified body shall inform the manufacturer by notice in writing of the decision on whether to approve the proposed modifications to the quality system, and such notice shall contain the conclusions of the examination and the reasoned assessment decision.

(4) Where a United Kingdom notified body informs the manufacturer pursuant to paragraph (3) above that it has decided to approve the proposed modifications to an approved quality system—

(a) the approval of the quality system shall have effect as if the modifications were made; and

(b) the written undertaking referred to in regulation 32 shall have effect as if it were an undertaking to fulfil the obligations arising out of the quality system as approved as so modified and to uphold it as so modified so that it remains adequate and effective.

Section 34 Surveillance procedure

(1) The notified body shall carry out surveillance as provided for in the procedure set out in paragraph (2) below (“the production quality assurance surveillance procedure”) and the manufacturer shall permit that notified body to carry out that procedure, and, without prejudice to the generality of the foregoing, he shall—

(a) allow the notified body access for the purpose of inspection to the location of manufacture, inspection and testing, and storage;

(b) provide the notified body with such information (including the quality system documentation and the quality records), facilities and assistance as it may reasonably require in carrying out that procedure.

(2) The purpose of the production quality assurance surveillance procedure is to make sure that the manufacturer duly fulfils the obligations arising out of the production quality assurance approved quality system, and the procedure shall consist of—

(a) the carrying out by the notified body of audits at reasonable intervals to make sure that the manufacturer maintains and applies the approved quality system and the provision of an audit report to the manufacturer; and

(b) should the notified body consider it necessary, the paying of unexpected visits to the manufacturer, during which the notified body may carry out, or cause to be carried out, tests to verify that the quality system is functioning correctly, and, where such a visit has been paid, the provision of a visit report and a report upon any such tests.

(3) Where it appears to a United Kingdom notified body acting pursuant to paragraph (1) above that the manufacturer is not fulfilling his obligations under the production quality assurance approved quality system, it shall report the matter—

(a) to the notified body (if not itself) which issued the EC type-examination certificate or additional approval, as the case may be;

(b) where the products are manufactured, or the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been supplied or put into service or connected to the public telecommunications network in the United Kingdom, to the enforcement authority;

(c) where the products are manufactured, or the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been supplied or put into service or connected to a public telecommunications network in a member State other than the United Kingdom, to the appropriate authorities in that other member State;

(d) where the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been connected to a public telecommunications network in the United Kingdom or another member State, to the operator thereof.

(4) If the manufacturer fails to comply with his obligations under paragraph (1)(a) and (b) above—

(a) the notified body shall suspend the approval, and where it granted the EC type examination certificate, it shall suspend that certificate; and

(b) where another notified body granted the EC type-examination certificate, it shall report the matter to that other body for appropriate action and, where that other body is a United Kingdom notified body, that other body shall suspend the certificate;

and a certificate or approval suspended pursuant to this paragraph shall remain suspended until the manufacturer complies with the requirements of paragraph (1)(a) and (b) above.

Section 35 Withdrawal and compulsory modification of approved quality systems

Subject to regulation 54 below, where a United Kingdom notified body which approved a production quality assurance approved quality system is satisfied that—

(a) the manufacturer is not fulfilling his obligations under the system or that one or more products to which the system relates do not fulfil the relevant conditions, that body may withdraw the approval;

(b) the system does not ensure, when operated as intended, that products to which it relates fulfil the relevant conditions, that body shall withdraw the approval;

(c) in order for the system to ensure that products to which it relates fulfil the relevant conditions, it is necessary to modify the system, that body shall require the manufacturer to modify the system accordingly, and the approval of the system shall have effect in accordance with the modification.

Section 36 EC declaration of conformity to type where equipment submitted for approval in the United Kingdom

Where applicable terminal equipment is submitted for approval in accordance with a type or modification in the United Kingdom, the manufacturer shall draw up the EC declaration of conformity to type in English, or another language acceptable to the notified body concerned.

Section 37 Interpretation

In this Part—

“quality records” include inspection reports and test data, calibration data and qualification reports of the personnel concerned;

“relevant conditions” are that the products conform with the type or modification described in the EC type-examination certificate or additional approval as the case may be and with other relevant requirements of the TTE Directive; and

“ specimen ” in relation to a type or a modification means a specimen of the production envisaged in relation thereto.

Section 38 Application of Part IV

(1) This Part shall have effect for providing for the manner in which the conformity assessment requirements may be complied with where the manufacturer or his authorised representative chooses the EC declaration of conformity procedure.

(2) The EC declaration of conformity procedure shall consist of full quality assurance, that is to say, the procedure provided for in Annex IV of the TTE Directive whereby the manufacturer who operates a full quality assurance approved quality system ensures and declares pursuant to that Annex that the products concerned satisfy the requirements of the TTE Directive that apply to them.

Section 39 The conformity assessment requirements pursuant to the EC declaration of conformity procedure

The conformity assessment requirements are complied with in relation to applicable terminal equipment pursuant to the EC declaration of conformity procedure if the manufacturer has, having carried out full quality assurance, drawn up, subject to regulation 48, an EC declaration of conformity (which it is hereby declared for the avoidance of doubt may relate to any number of items of applicable terminal equipment).

Section 40 Manufacturer’s duty

The manufacturer shall operate a full quality assurance approved quality system.

Section 41 Application for approval of a quality system

(1) The manufacturer shall lodge an application for approval of his quality system with a notified body of his choice.

(2) An application for approval of a quality system made to a United Kingdom notified body shall include—

(a) all relevant information for the products envisaged; and

(b) the quality system’s documentation.

Section 42 Requirements for the approval of quality systems by a United Kingdom notified body

A United Kingdom notified body shall not approve a quality system unless—

(a) it ensures compliance of the products with the requirements of the TTE Directive that apply to them;

(b) all the elements, requirements and provisions of the quality system are documented in a systematic and orderly manner in the form of written policies, procedures and instructions;

(c) the quality system documentation ensures a common understanding of the quality policies and procedures;

(d) the quality system documentation contains an adequate description of—

(i) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality;

(ii) the technical specifications, including the harmonized standards and common technical regulations as well as relevant test specifications that will be applied and, where the harmonized standards will not be applied in full, the means which will be used to ensure that the essential requirements that apply to the products will be met;

(iii) the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the product category covered;

(iv) the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(v) the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out, as well as the results of the tests carried out before manufacture where appropriate;

(vi) the means by which it is ensured that the test and examination facilities respect the appropriate requirements for the performance of the necessary tests;

(vii) the design quality records and production quality records; and

(viii) the means to monitor the achievement of the required design and product quality and the effective operation of the quality system.

Section 43 Assessment of quality systems by a United Kingdom notified body

(1) Subject to regulation 54 below, a United Kingdom notified body with which an application has been lodged for the approval of a quality system shall assess the quality system to determine whether it satisfies the requirements of regulation 42 above, and the following provisions of this regulation shall have effect in relation to the conduct of the assessment.

(2) The United Kingdom notified body shall presume conformity with those requirements in respect of quality systems that implement a standard which is for the time being a relevant harmonized standard for the purposes of point 3.3 of Annex IV of the TTE Directive .

(3) The United Kingdom notified body shall assess in particular whether the quality control system ensures conformity of the products with the requirements of the TTE Directive in the light of the relevant documentation supplied pursuant to regulations 41(2) and 42 above including, where relevant, test results supplied by the manufacturer.

(4) The auditing team shall have at least one member experienced as an assessor in the product technology concerned.

(5) The evaluation procedure shall include an inspection visit to the manufacturer’s premises concerned.

(6) The United Kingdom notified body shall inform the manufacturer by notice in writing of the decision on whether to approve the quality system, and such notice shall contain the conclusions of the examination and the reasoned assessment decision.

Section 44 Manufacturer’s undertaking

Where a United Kingdom notified body informs the manufacturer pursuant to regulation 43(6) above that it has decided to approve the quality system, the approval shall not have effect until the manufacturer has deposited with that body a written undertaking to fulfil the obligations arising out of the quality system as approved and to uphold it so that it remains adequate and effective.

Section 45 Modifications to approved quality systems

(1) Where a manufacturer intends to update a full quality assurance approved quality system approved by a United Kingdom notified body, the manufacturer or his authorised representative shall apply to that body for the approval of the quality system as modified in accordance with the proposed modifications.

(2) Subject to regulation 54 below, the United Kingdom notified body shall, on application made pursuant to paragraph (1) above, evaluate the proposed modifications and decide whether the amended quality system will satisfy the requirements of regulation 42 above or whether a re-assessment pursuant to regulation 43 would be required to evaluate the system as modified in accordance with the proposals.

(3) The United Kingdom notified body shall inform the manufacturer by notice in writing of the decision on whether to approve the proposed modifications to the quality system, and such notice shall contain the conclusions of the examination and the reasoned assessment decision.

(4) Where a United Kingdom notified body informs the manufacturer pursuant to paragraph (3) above that it has decided to approve the proposed modifications to an approved quality system—

(a) the approval of the quality system shall have effect as if the modifications were made; and

(b) the written undertaking referred to in regulation 44 shall have effect as if it were an undertaking to fulfil the obligations arising out of the quality system as approved as so modified and to uphold it as so modified so that it remains adequate and effective.

Section 46 Surveillance procedure

(1) The notified body shall carry out surveillance as provided for in the procedure set out in paragraph (2) below (“the full quality assurance surveillance procedure”) and the manufacturer shall permit that notified body to carry out that procedure, and, without prejudice to the generality of the foregoing, he shall—

(a) allow the notified body access for the purpose of inspection to the location of design, manufacture, inspection and testing, and storage;

(b) provide the notified body with such information (including the quality system documentation, the design quality records and the production quality records), facilities and assistance as it may reasonably require in carrying out that procedure.

(2) The purpose of the full quality assurance surveillance procedure is to make sure that the manufacturer duly fulfils the obligations arising out of the full quality assurance approved quality system, and the procedure shall consist of—

(a) the carrying out by the notified body of audits at reasonable intervals to make sure that the manufacturer maintains and applies the approved quality system and the provision of an audit report to the manufacturer; and

(b) should the notified body consider it necessary, the paying of unexpected visits to the manufacturer, during which the notified body may carry out, or cause to be carried out, tests to check the proper functioning of the quality system, and, where such a visit has been paid, the provision of a visit report and a report upon any such tests.

(3) Where it appears to the United Kingdom notified body acting pursuant to paragraph (1) above that one or more of the products checked do not conform with the relevant requirements of the TTE Directive, it shall report the matter—

(a) where the products concerned are to be or have been supplied or put into service or connected to the public telecommunications network in the United Kingdom, to the enforcement authority;

(b) where the products concerned are to be or have been supplied or put into service or connected to a public telecommunications network in a member State other than the United Kingdom, to the appropriate authorities in that other member State; or

(c) where the body is aware that the products concerned are to be or have been connected to a public telecommunications network in the United Kingdom or another member State, to the operator thereof.

(4) If the manufacturer fails to comply with his obligations under paragraph (1)(a) and (b) above the notified body shall suspend the approval of the quality system; and an approval suspended pursuant to this paragraph shall remain suspended until the manufacturer complies with the requirements of paragraph (1)(a) and (b) above.

Section 47 Withdrawal and compulsory modification of approved quality systems

Subject to regulation 54 below, where a United Kingdom notified body which approved a full quality assurance approved quality system is satisfied that—

(a) the manufacturer is not fulfilling his obligations under the system or that one or more products to which the system relates do not conform with the relevant requirements of the TTE Directive, that body may withdraw the approval;

(b) the system does not ensure, when operated as intended, that products to which it relates so conform, that body shall withdraw the approval;

(c) in order for the system to ensure that products to which it relates so conform, it is necessary to modify the system, that body shall require the manufacturer to modify the system accordingly, and the approval of the system shall have effect in accordance with the modification.

Section 48 EC declaration of conformity to type where quality system approved by a United Kingdom notified body

Where the quality system is approved by a United Kingdom notified body, the manufacturer shall draw up the EC declaration of conformity in English, or in another language acceptable to the notified body.

Section 49 Interpretation

In this Part—

“ design quality records ” includes the result of analyses, calculations and tests;

“ production quality records ” includes inspection reports and test data, calibration data and qualification reports of the personnel concerned; and

“quality policies and procedures” include quality programmes, plans, manuals and records.

Section 50 Appointment

(1) Subject to regulation 51 below, the Secretary of State may appoint a body as a United Kingdom notified body in accordance with the following provisions of this regulation.

(2) An appointment under this regulation shall be in writing and shall, subject to paragraph (7) of this regulation and regulations 51(4) and 53(3) below, be subject to such conditions as the Secretary of State may impose for the time being, and such conditions may include conditions which are to apply on or following the termination or expiry of the appointment.

(3) Subject to regulation 51(2), an appointment under this regulation shall have effect in respect of such descriptions of applicable terminal equipment as the Secretary of State may for the time being authorise, and in these Regulations, “authorised” and cognate expressions shall be construed accordingly.

(4) An appointment under this regulation shall have effect in respect of such of the functions as are exercisable by a United Kingdom notified body pursuant to Part III or Part IV of these Regulations as the Secretary of State may for the time being authorise.

(5) In exercising the power conferred by paragraph (1) above, the Secretary of State may (in addition to the matters of which he is required to satisfy himself pursuant to regulation 51(2)) have regard to any matter appearing to him to be relevant, and, without prejudice to the generality of the foregoing, he may have regard to any standards relating to the accreditation of laboratories or certification bodies appearing to him to be appropriate.

(6) Subject to regulation 52, an appointment under this regulation may be for—

(a) the time being; or

(b) such period as may be specified in the appointment.

(7) Where the Commission informs the Secretary of State pursuant to Article 10.4 of the TTE Directive that, in the opinion of the Committee referred to in Article 13 thereof, changes are necessary in the conditions to which an appointment of a United Kingdom notified body is subject or in the authorised descriptions of applicable terminal equipment in respect of which the appointment has effect if that body is to retain its recognised status, the Secretary of State shall vary the conditions or authorised descriptions, as the case may require, to give effect to such changes.

(8) The Secretary of State shall from time to time publish lists of United Kingdom notified bodies indicating the descriptions of applicable terminal equipment in respect of which each body is authorised, and the functions which each body is entitled to exercise, for the time being; and such lists may include information concerning any condition to which the appointment of any body is for the time being subject.