(a)carry out sample testing of radio equipment manufactured by it which has been made available on the market. The technical documentation shall make it possible to assess the radio equipment’s conformity with the applicable requirements of these Regulations and must include an adequate analysis and assessment of the risk(s). (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. another element which allows the radio equipment to be identified. A notified 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). (3) A person aggrieved by an order made by a magistrates’ court in England and Wales or Northern Ireland pursuant to an application under regulation 73, or by a decision of such a court not to make such an order, may appeal against that order or decision—. 59.—(1) Where a market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority must carry out an evaluation in relation to the radio equipment covering the relevant requirements of Part 2 applying in respect of that radio equipment. “(4A) A court may infer for the purposes of this section that any goods present a risk, if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”, (v)in subsection (6), the words “Subject to subsection (7) below,” were omitted, and. (a)in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980(17). a person appointed by the Secretary of State who is authorised in writing by the Secretary of State to act as an enforcement officer for the purposes of this Part. any objections that the Secretary of State may have to any measure taken by the Member State initiating the procedure. . (a)the data necessary for the identification of the radio equipment concerned. EU-type examination must be carried out by assessment of the adequacy of the technical design of the radio equipment through examination of the technical documentation and supporting evidence referred to in paragraph 3, without examination of a specimen (design type). the email address of a partner or person having that control or management. Access essential accompanying documents and information for this legislation item from this tab. other action which it may require under these Regulations would not suffice to address the non-compliance. (b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance, (c)the enforcing authority has given not less than 10 days’ notice to the relevant economic operator of its intention to serve such a notice, and. Without adequate planning and management, radio signals from different users and services would interfere with each other and radio could become useless as a means of communication. (b)regulation 60 (enforcement action in respect of radio equipment which is not in conformity and which presents a risk). . A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities. for information under paragraph (1)(a), 10 years beginning on the day on which E was supplied with the radio equipment. (a)may only be made during the period of 10 years beginning on the day that the importer places the radio equipment on the market, and, (4) An importer must, at the request of the enforcing authority or the competent national authority, cooperate with the authority on any action taken to—. (4) Where the Secretary of State receives notification under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, the Secretary of State must inform the European Commission and the other Member States of—. the quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel, etc. A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities. the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator. in the title of the regulation, for “place a product” substitute “make a product available”. ....Previous MatchNext Match, . “notice” means any notice served in accordance with Schedule 10. the court in which proceedings have been brought in relation to the radio equipment for an offence under regulation. (a)the court in which proceedings have been brought in relation to the radio equipment for an offence under regulation 65 (offences). (5) If a person to be served with a document has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept service, that address must also be treated as that person’s proper address. (2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately. Where applicable, the notified body    (name, number)    performed    (description of intervention)    and issued the EU-type examination certificate: 8. a general description of the radio equipment including—. prohibit or restrict the radio equipment being made available on the market in the United Kingdom, withdraw the radio equipment from the United Kingdom market, or. Access essential accompanying documents and information for this legislation item from this tab. (3) Subject to paragraph (4), in Northern Ireland summary proceedings for an offence under regulation 65 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor. refuse to issue an EU-type examination certificate, refuse to grant a quality system approval, or. (2) Nothing in these Regulations prevents the application of additional requirements for the putting into service or use of radio equipment in the United Kingdom for reasons related to—. (5) Where the market surveillance authority is not the Secretary of State and the market surveillance authority has taken action under paragraph (3) or (4), it must inform the Secretary of State. Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 2, 3 and 4 and ensures and declares on his sole responsibility that the radio equipment concerned satisfies the essential requirements. (a)state that the fulfilment of the essential requirements has been demonstrated in respect of that radio equipment. (2) Each notified body must inform the other notified bodies concerning the EU-type examination certificates and/or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates and/or additions thereto which it has issued. (ii)regulation 12 (identification of the radio equipment and manufacturer). Paragraph 15 does not prevent the personnel from providing information to the Secretary of State or an enforcing authority. (b)any change in a harmonised standard or in another technical specification by reference to which the EU declaration of conformity was drawn up. the name and address of the manufacturer. Regulation 66 sets out the penalties that are to apply for offences under these Regulations. (3) In relation to the assessment of compliance with regulation 6(1)(a), the conformity assessment must also take into account all reasonably foreseeable conditions. A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment and facilities to perform these activities. (b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both. set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a). They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. (b)for information under paragraph (1)(b), 10 years beginning on the day on which E supplied the radio equipment. (3) When a market surveillance authority carries out market surveillance under these Regulations, Part 2 of Schedule 10 (notices which may be served by enforcing authorities) has effect. 61.—(1) Where another Member State has initiated the procedure under Article 40 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—, (a)any measure taken by the enforcing authority in respect of the radio equipment, and. 13. within its area in Great Britain, the weights and measures authority, and. The Secretary of State may authorise the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) to carry out the following activities on behalf of the Secretary of State—. (4) Where the size or nature of the radio equipment prohibits a manufacturer from complying with the requirement in paragraph (1) or paragraph (2), the manufacturer must provide the required information either on the radio equipment’s packaging or in a document which accompanies the radio equipment. (a)a relevant conformity assessment has been carried out by the manufacturer. regulation 8 (construction must allow operation in at least one Member State), the importer has complied with the requirements set out in regulation, the manufacturer or, where appropriate, the importer, and. (a)ensure that the radio equipment, when placed on the market, no longer presents a risk, (b)withdraw the radio equipment within a prescribed period, or. (b)whether the issue of a recall notice would be proportionate. ICAO Annex 10 Aeronautical Telecommunications Volume V - Aeronautical Radio Frequency Spectrum Utilisation. For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2—. The use of flying models is also subject to regulation by the Civil Aviation … (a)perform the manufacturer’s obligations under regulation 11 (retention of technical documentation and EU declaration of conformity). (2) A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of radio equipment which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered to satisfy sub-paragraph (1). “regulation 56(1)(a)(ii) or (b)(ii) or (2) of the Radio Equipment Regulations 2017 (S.I. (k)section 35 (recovery of expenses of enforcement). (i)in subsection (1), after “a contravention in relation to the goods of a safety provision”, there were inserted “or that such goods present a risk”, (ii)for subsection 2(b) there were substituted—. the data necessary for the identification of the radio equipment which is not in conformity with Part 2. the nature of the lack of conformity alleged and the risk involved. Part 3 sets out provisions concerning the conformity assessment procedures, declarations of conformity and CE marking for radio equipment. 2. omit the entry “paragraph 1(1)(b) or (2)(b) or 2 of Schedule 9 to the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (, in paragraph (1), omit the definition of “notified body”, and, In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedules 5 (requirements for notified bodies) and 6 (operational obligations of notified bodies)), “notified body” means—, a notified body within the meaning set out in regulation 43 (notified bodies), or, for the definition of “authorised representative” substitute—, omit the definition of “notified body”, and, In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedules 4 (notified body requirements) and 6 (operational obligations of notified bodies, recognised third party organisations and user inspectorates)), “notified body” means—, a notified body within the meaning set out in regulation 51 (notified bodies), or. (ii)documentary evidence which attests to the conformity assessment body’s competence, and to the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to meet the notified body requirements. the email address of the secretary or clerk of that body, in the case of a partnership, a partner or person having control or management of the partnership business—, the principal office of the partnership, or. The technical documentation must contain, wherever applicable, the elements set out in Schedule 5 (contents of technical documentation); (d)the supporting evidence for the adequacy of the technical design solution. (b)in any other case, a magistrates’ court. (b)investigate complaints that radio equipment manufactured by it is not in conformity with Part 2. in subsection 2(b), after “a safety provision has been contravened in relation to the goods”, there were inserted “or that such goods present a risk”, in subsection (2)(c), “under section 15 below” were omitted, and. . the enforcing authority has taken account of any advice obtained under sub-paragraph (6). the technical documentation is either not available or not complete, the following information that is required to be included is absent, false or incomplete—. “(7A) The sheriff may infer for the purposes of this section that any goods present a risk, if the sheriff is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”; (e)in section 18, subsections (3) and (4) were omitted; (i)in subsection 4(a), after “any contravention of any safety provision in relation to the goods”, there were inserted “or whether the goods present a risk”; and. 25. 58. inform the Secretary of State accordingly. Radio Frequency Spectrum Regulations and an explanatory document, GG No: 34172 2011-03-31: 34172: Radio Frequency Spectrum Regulations 2015 2015-03-31: 38641: Amendment to the Radio Frequency Spectrum Regulations - 2016 2016-06-28: 40436: Regulations on the use of Television White Spaces 2018 2018-03-23: 41512 (2) An economic operator must not affix to radio equipment a marking other than the CE marking which purports to attest that the radio equipment is in conformity with the essential requirements. (i)the conformity assessment activities that the body intends to carry out, (ii)the conformity assessment module or modules for which the body claims to be competent, and, (iii)the radio equipment for which the body claims to be competent, and. An economic operator (“A”) who would, but for this regulation, be considered an importer or distributor, is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under Part 2, where A—, (a)places radio equipment on the market under A’s own name or trademark, or. 43341. (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 body must—, (a)as directed by the Secretary of State, 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. review the technical documentation referred to in paragraph 3(1)(b) to verify the manufacturer’s ability to identify the applicable requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the radio equipment with those requirements. take appropriate corrective actions to bring the radio equipment into conformity with those requirements, the respect in which the radio equipment is not in conformity with Part 2, and. 1. the information specified in regulation 13(1), (2) or (3) (instructions and information to be included with the radio equipment) is absent. ....Previous MatchNext Match, Article 3.. . is not in conformity with Part 2 or RAMS (in its application to radio equipment). (2) The Secretary of State may restrict, suspend or withdraw the notified body’s status as a notified body under regulation 46—, (a)with the consent of a notified body, or. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of the radio equipment it assesses nor represent parties engaged in those activities. (3) In paragraph (1)(a)(ii), “required documents” means any documents that are required to be provided pursuant to regulations 12(4), 14 and 23(3). ““safety regulations” means the 2017 Regulations;”, (l)in section 46(1), there were omitted from “and, in relation to gas or water” to the end; and, (i)for “unsafe”, on each occasion that it appears, there were substituted “non-compliant”, and.

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