An approved body must carry out conformity assessments in accordance with the relevant conformity assessment procedures in Schedule 3 (conformity assessment concerning EU-type examination) or Schedule 4 (conformity assessment concerning quality system approval).
An approved body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.
A conformity assessment body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the radio equipment technology in question and the mass or serial nature of the production process.
A conformity assessment body must respect the degree of rigour and the level of protection required to ensure that the radio equipment is in conformity with the requirements of these Regulations.
Where an approved body finds that the essential requirements or the corresponding designated standards have not been met by the manufacturer, that body must require that manufacturer to take appropriate corrective measures and must not issue a Type examination certificate or quality system approval until the appropriate corrective measures have been taken.
Where, in the course of the monitoring of conformity following the issue of a Type examination certificate or a quality system approval, an approved body finds that the radio equipment is no longer in conformity with the essential requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the Type examination certificate or quality system approval (if necessary).
Where the approved body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the approved body must restrict, suspend or withdraw any Type examination certificates or quality system approvals as appropriate.
Paragraph 9 applies where an approved body is minded to— (a) refuse to issue a Type examination certificate, (b) refuse to grant a quality system approval, or (c) restrict, suspend or withdraw a Type examination certificate or quality system approval.
Where this paragraph applies, the approved body must— (a) give the person applying for the Type examination certificate or quality system approval, or the person to whom the Type examination certificate or quality system approval was given— (i) a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect, and (ii) an opportunity to make representations within a reasonable period from the date of the notice, and (b) take account of any representations made under sub-paragraph (a)(ii) before taking its decision.
An approved body must inform the Secretary of State of— (a) any refusal, restriction, suspension or withdrawal of a Type examination certificate or quality system approval in accordance with the requirements of Schedule 3 or Schedule 4 as appropriate, (b) any circumstances affecting the scope of, or conditions for, approval under regulation 47 ( approval of conformity assessment bodies ), (c) any request for information which it has received from an enforcing authority ... regarding conformity assessment activities, and (d) on request, conformity assessment activities performed within the scope of its notification under regulation 47 and any other activity performed, including cross-border activities and subcontracting.
An approved body must make provision in its contracts with its clients enabling such clients to appeal against a decision— (a) to refuse to issue a Type examination certificate or quality system approval decision, or (b) to restrict, suspend or withdraw a Type examination certificate or quality system approval decision.
An approved body must, in accordance with the requirements in Schedule 3 and Schedule 4, provide other bodies approved under these Regulations carrying out similar conformity assessment activities covering the same type of radio equipment with relevant information on issues relating to negative and, on request, positive conformity assessment results.
An 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.
An approved body must fulfil any information obligations under Schedules 3 and 4.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).