The Accreditation Regulations 2009

2009 No. 3155

Market StandardsAccreditation Of Services

The Accreditation Regulations 2009

Made 30th November 2009

Laid before Parliament 3rd December 2009

Coming into force 1st January 2010

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to accreditation of conformity assessment bodies2.

The Secretary of State in exercise of the powers conferred on him by section 2(2) of that Act makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Accreditation Regulations 2009 and shall come into force on 1st January 2010.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations:

“the EC Regulation” means Regulation (EC) No 765/2008of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/933; and

“UKAS” means the United Kingdom Accreditation Service, a company limited by guarantee incorporated in England and Wales under number 3076190.

(2) Any expression used in the EC Regulation which is used in these Regulations has the same meaning in these Regulations as it has in the EC Regulation.

S-3 Appointment of UKAS as national accreditation body

Appointment of UKAS as national accreditation body

3. UKAS is appointed for the purposes of Article 4(1) of the EC Regulation as the national accreditation body.

S-4 Fees

Fees

4.—(1) UKAS may charge such fees in connection with or incidental to, carrying out its functions under the EC Regulation as it may determine provided that such fees shall not exceed the sum of the following:

(a)

(a) the costs incurred or to be incurred by UKAS in performing the relevant function; and

(b)

(b) an amount on account of other expenditure of UKAS which is fair and reasonable in the circumstances having regard to the character and extent of the work done by it.

(2) The power in paragraph (1) includes the power to require payment of fees or a reasonable estimate thereof in advance.

S-5 Appeals

Appeals

5. The Schedule to these Regulations has effect in relation to appeals in relation to accreditation decisions by UKAS pursuant to Chapter II of the EC Regulation.

S-6 Provision of information to the Secretary of State

Provision of information to the Secretary of State

6. UKAS shall provide to the Secretary of State such information as he may in writing request in relation to its functions under Chapter II of the EC Regulation.

Drayson

Minister for Science and Innovation

Department for Business, Innovation and Skills

30th November 2009

SCHEDULE

Regulation 5

APPEALS

SCH-1.1

1. Appeals – general

(1) — Any person who makes an application for accreditation or is accredited by UKAS and is dissatisfied with a decision of UKAS in the exercise of its functions under the EC Regulation (“the appellant”) may by notice in writing served on UKAS appeal against that decision.

(2) A notice served pursuant to sub-paragraph (1) must specify the decision which is subject to the appeal and the grounds of the appeal.

(3) Any appeal must be made within one month of the notification in writing of the decision in question to the appellant.

(4) UKAS shall consider the appeal and inform the appellant in writing of the outcome within one month of the receipt of notice of the appeal.

(5) If, following consideration of the appeal by UKAS, the appellant is still dissatisfied with the decision he may request that the matter be referred to an appeal review panel constituted in accordance...

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