The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024
Jurisdiction | UK Non-devolved |
Year | 2024 |
Citation | SI 2024/504 |
2024 No. 504
BUILDING AND BUILDINGS
CIVIL AVIATION
CONSTRUCTION
CONSUMER PROTECTION
ELECTROMAGNETIC COMPATIBILITY
ENERGY CONSERVATION
HEALTH AND SAFETY
MERCHANT SHIPPING
TELECOMMUNICATIONS
TRADE
TRANSPORT
WEIGHTS AND MEASURES
The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024
Made 7th April 2024
Laid before Parliament 15th April 2024
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(1) and (2) of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 20241.
Part 1
Preliminary
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024.
(2) These Regulations come into force immediately after the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 comes into force in accordance with section 7(1) of that Act, ignoring the different provision in section 7(2).
(3) These Regulations extend to England and Wales and Scotland only.
Part 2
Amendment to subordinate legislation
Amendment to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003
2.—(1) The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 20032are amended as follows.
(2) In regulation 2(2) (interpretation)—
(a)
(a) for the definition of “competent laboratory” substitute—
“
“competent laboratory” means a laboratory which—
(a) is accredited by the United Kingdom Accreditation Service under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation;
(b) is based in the United Kingdom or in the territory of a party to the CPTPP; and
(c) has sufficient equipment, facilities and expertise to conduct a detonation resistance test and is independent from any person having an interest in the outcome of such test;
”;
(b)
(b) after the definition of “competent laboratory” insert—
“
“the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024;
”;
(c)
(c) omit “and” at the end of the definition of “unique numbered copy”; and
(d)
(d) after the definition of “unique numbered copy” insert—
“
“United Kingdom Accreditation Service” means a company limited by guarantee incorporated in England and Wales under number 03076190; and
(3) In regulation 13(2) (transitional provision) after “were a reference to the United Kingdom or the European Union” insert “, and as if words “from the United Kingdom Accreditation Service” were omitted for laboratories based in the European Union”.
Amendment to the Ecodesign for Energy-Related Products Regulations 2010
3. In paragraph 10 (UK national accreditation body) of Schedule 1B (conformity assessment bodies) to the Ecodesign for Energy-Related Products Regulations 20103—
(a) for sub-paragraph (1) substitute—
“
1 A conformity assessment body must have legal personality and must be established in—
(a) Great Britain; or
(b) the territory of a party to the CPTPP.
”; and
(b) after sub-paragraph (1) insert—
“
1A In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Toys (Safety) Regulations 2011
4. For paragraph 1 of Schedule 7 (approved body requirements) to the Toys (Safety) Regulations 20114substitute—
“
1.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Explosives Regulations 2014
5. For paragraph 1 of Schedule 15 (approved body requirements) to the Explosives Regulations 20145substitute—
“
1.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Merchant Shipping (Marine Equipment) Regulations 2016
6. For paragraph 2 of Schedule 3 (requirements to be met by conformity assessment bodies in order to become approved bodies) to the Merchant Shipping (Marine Equipment) Regulations 20166substitute—
“
2.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Electromagnetic Compatibility Regulations 2016
7. For paragraph 1 of Schedule 5 (requirements for approved bodies) to the Electromagnetic Compatibility Regulations 20167substitute—
“
1.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Simple Pressure Vessels (Safety) Regulations 2016
8. For paragraph 1 of Schedule 4 (approved bodies) to the Simple Pressure Vessels (Safety) Regulations 20168substitute—
“
1.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Lifts Regulations 2016
9. For paragraph 1 of Schedule 4 (approved body requirements) to the Lifts Regulations 20169substitute—
“
1.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Pressure Equipment (Safety) Regulations 2016
10.—(1) The Pressure Equipment (Safety) Regulations 201610are amended as follows.
(2) In regulation 2(1) (interpretation), after the definition of “conformity assessment procedure” insert—
“
“the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024;
(3) In paragraph 31 (materials) of Schedule 2 (essential safety requirements), for sub-paragraph (8) substitute—
“
8 Certificates issued by a material manufacturer are presumed to certify conformity with the relevant requirements of this paragraph where the manufacturer has an appropriate quality-assurance system that—
(a) is certified by a competent body established in—
(i) the United Kingdom;
(ii) the territory of an EEA state; or
(iii) the territory of a party to the CPTPP; and
(b) has undergone a specific assessment for materials.
(4) For paragraph 2 of Schedule 4 (approved body requirements) substitute—
“
2 A conformity assessment body must have legal personality and must be established in—
(a) the United Kingdom; or
(b) the territory of a party to the CPTPP.
Amendment to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
11. For paragraph 1 of Schedule 2 (approved body requirements) to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 201611substitute—
“
1.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Amendment to the Non-automatic Weighing Instruments Regulations 2016
12. For paragraph 1 of Schedule 3 (approved body requirements) to the Non-automatic Weighing Instruments Regulations 201612substitute—
“
1.—(1) A conformity assessment body must have legal personality and must be established in—
(a)
(a) the United Kingdom; or
(b)
(b) the territory of a party to the CPTPP.
(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
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