http://www.legislation.gov.uk/uksi/2016/1092/regulation/51/madeThe Simple Pressure Vessels (Safety) Regulations 2016enKing's Printer of Acts of Parliament2020-06-25HEALTH AND SAFETYCONSUMER PROTECTIONThese Regulations transpose Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of member States relating to the making available on the market of simple pressure vessels (recast) (OJ L 96, 29.3.2014, p.45) (“the Directive”).PART 4Notification of Conformity Assessment BodiesChanges to notifications51.(1)

Where the Secretary of State determines that a notified body—

(a)

no longer meets a notified body requirement, or

(b)

is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 46(6)(b),

the Secretary of State must restrict, suspend or withdraw the body’s status as a notified body under regulation 45 (notified bodies).

(2)

Where the Secretary of State determines that a notified body no longer meets a condition referred to in regulation 46(6)(b), the Secretary of State may restrict, suspend or withdraw the body’s status as a notified body under regulation 45.

(3)

In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4)

Before taking action under paragraph (1) or (2), the Secretary of State must—

(a)

give notice in writing to the notified body of the proposed action and the reasons for it;

(b)

give the notified body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(c)

consider any such representations made by the notified body.

(5)

Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other Member States.

(6)

Where the Secretary of State has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the notified body must, at the request of the Secretary of State—

(a)

transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Secretary of State; or

(b)

keep its files relating to the activities it has undertaken as a notified body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.