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The Radio Equipment Regulations 2017

Type Statutory-Instrument

Publication 2017-12-04

Last updated 2026-01-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

Made: 4th December 2017

Laid before Parliament: 5th December 2017

Coming into force: 26th December 2017

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to radio equipment.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

PART 1 — Preliminary

Citation and commencement

1

These Regulations may be cited as the Radio Equipment Regulations 2017 and come into force on 26th December 2017.

Interpretation and application

2

(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987 ;

“approved body” has the meaning given to it in regulation 46 (approved bodies);

“authorised representative” means a person appointed in accordance with regulation 19;

“commencement date” means the date these regulations come into force;

“conformity assessment” means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled;

“conformity assessment body” means a body that performs conformity assessment activities;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) ( declaration of conformity);

“designated standard” has the meaning given to it in regulation 2A;

“distributor” means any person in the supply chain, other than the manufacturer, authorised representative or the importer, who makes radio equipment available on the market;

“the Directive” means Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment;

“economic operator” means a manufacturer, authorised representative, importer or distributor;

“electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

“enforcing authority” means any person enforcing these Regulations under regulation 56 (enforcement);

“essential requirements” means the requirements set out in regulation 6;

“harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, European Community or national regulations;

“the Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1354 specifying how to present the information provided for in Article 10(10) of Directive 2014/53/EU of the European Parliament and of the Council;

“importer” means a person who— is established in the United Kingdom and places radio equipment from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places radio equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

“make available on the market” means any supply for distribution, consumption or use of radio equipment on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“manufacturer” means a person who—manufactures radio equipment or has radio equipment designed or manufactured; andmarkets that radio equipment under that person's name or trade mark;

“market surveillance authority” has the meaning set out in regulation 55 (designation of market surveillance authorities”);

“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 ;

“place on the market” means the first making available on the market of Great Britain of radio equipment, and related expressions must be construed accordingly;

“put into service” means the first use of radio equipment in Great Britain by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;

“radiodetermination” means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves;

“radio communication” means communication by means of radio waves;

“radio equipment” means—an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, oran electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination;

“radio waves” means electromagnetic waves of frequencies lower than 3,000 GHz, propagated in space without artificial guide;

“RAMS” means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;

“recall” means taking any measure aimed at achieving the return of radio equipment that has already been made available to the end-user and related expressions must be construed accordingly;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 41 (conformity assessment procedures);

“relevant economic operator” means, in relation to radio equipment, an economic operator with obligations in respect of that radio equipment under Part 2;

“technical documentation” has the meaning set out in regulation 45 (technical documentation);

“technical specification” means a document that prescribes technical requirements to be fulfilled by radio equipment;

“UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ;

“withdraw” means taking any measure aimed at preventing radio equipment in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) In these Regulations, a reference to radio equipment being “in conformity with Part 2” means that—

(a) the radio equipment is in conformity with the essential requirements, and

(b) each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the radio equipment available on the market.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In regulations 18 and 26 (monitoring in relation to manufacturers and importers respectively) “risk” means a risk which could arise from lawful and readily predictable human behaviour.

(5) In the other provisions of these Regulations, “risk” means a risk—

(a) which could arise from lawful and readily predictable human behaviour, or

(b) of non-conformity with the essential requirements.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scope

3

(1) These Regulations apply to radio equipment.

(2) These Regulations do not apply to—

(a) radio equipment which has been placed on the market before the commencement date,

(b) equipment listed in Schedule 1 (radio equipment outside the scope of these Regulations), or

(c) radio equipment exclusively used for activities concerning public security, defence, State security (including the economic well-being of the State) or the activities of the State in the area of criminal law.

(3) Save as provided for in regulation 6(1)(a), radio equipment falling within the scope of these Regulations are not subject to ... the Electrical Equipment (Safety) Regulations 2016 .

(4) Save as provided for in regulation 6(1)(b), radio equipment falling within the scope of these Regulations are not subject to ... the Electromagnetic Compatibility Regulations 2016 .

Exception for trade fairs and exhibitions

4

(1) Nothing in these Regulations prevents the display, of radio equipment which does not comply with these Regulations, at a trade fair, exhibition or similar event provided that a visible sign clearly indicates that the radio equipment—

(a) is not in conformity with Part 2, and

(b) may not be made available on the market or put into service until it has been brought into conformity with Part 2.

(2) Nothing in these Regulations prevents the demonstration, of radio equipment which does not comply with these Regulations, at a trade fair, exhibition or similar event provided that all reasonable measures have been taken to avoid harmful interference, electromagnetic disturbances and risk to health and safety of persons, domestic animals or property.

Putting into service and use

5

(1) Nothing in these Regulations prevents the putting into service and use of radio equipment in the United Kingdom which is in conformity with these Regulations when the radio equipment is properly installed, maintained and used for its intended purpose.

(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—

(a) the effective and efficient use of the radio spectrum,

(b) the avoidance of harmful interference,

(d) public health.

PART 2 — Obligations of economic operators

CHAPTER 1 — General

Essential requirements

6

(1) Radio equipment must be constructed so as to ensure—

(a) the protection of health and safety of persons and of domestic animals and the protection of property, including the objectives with respect to safety requirements set out in the Electrical Equipment (Safety) Regulations 2016 ...,

(b) an adequate level of electromagnetic compatibility as set out in the Electromagnetic Compatibility Regulations 2016 ....

(2) Radio equipment must be constructed so that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.

CHAPTER 2 — Manufacturers

Design and manufacture in accordance with essential requirements

7

Before placing radio equipment on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements.

Construction must allow operation in at least one Member State

8

Before placing radio equipment on the market, a manufacturer must ensure it has been constructed so that the radio equipment can be operated ... without causing an infringement of the applicable requirements on the use of the radio spectrum ....

Technical documentation and conformity assessment

9

Before placing radio equipment on the market, a manufacturer must—

(a) draw up the relevant technical documentation in accordance with regulation 45 (technical documentation), and

(b) ensure the relevant conformity assessment procedure is carried out.

EU declaration of conformity and CE marking

10

(1) Where the compliance of radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the radio equipment on the market—

(a) draw up a declaration of conformity in accordance with regulation 42 (declaration of conformity), and

(b) affix the UK marking in accordance with regulation 44 (UK marking).

(2) The manufacturer must keep the ... declaration of conformity up to date.

(3) Where radio equipment is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

Retention of technical documentation and ... declaration of conformity

11

A manufacturer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, keep and, upon request, make available to an enforcing authority the following in relation to radio equipment—

(a) a copy of the ... declaration of conformity, and

(b) the technical documentation.

Identification of the radio equipment and manufacturer

12

(1) Before placing radio equipment on the market, a manufacturer must ensure that the radio equipment bears—

(a) a type, batch or serial number, or

(b) another element which allows the radio equipment to be identified.

(2) Before placing radio equipment on the market, a manufacturer must indicate on the radio equipment—

(a) the name, registered trade name or registered trade mark of the manufacturer,

(b) a postal address at which the manufacturer can be contacted.

(3) The information specified in paragraph (2) must be in a language which can be easily understood by end-users and the enforcing authority.

(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.

(5) The manufacturer's postal address must indicate a single point at which the manufacturer can be contacted.

Instructions and information to be included with the radio equipment

13

(1) When placing radio equipment on the market, a manufacturer must ensure that radio equipment is accompanied with instructions and safety information which—

(a) are clear, legible and in easily understandable English,

(b) include information required to use the radio equipment in accordance with its intended use, and

(c) include a description of accessories and components, including software, which allow the radio equipment to operate as intended .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the case of radio equipment which can intentionally emit radio waves, the manufacturer must also include information about—

(a) the frequency band or bands in which the radio equipment can operate, and

(b) the maximum radio-frequency power transmitted in the frequency band or bands in which the radio equipment operates.

(3) When placing radio equipment on the market, a manufacturer must ensure that each item of radio equipment is accompanied by either a copy of the ... declaration of conformity or a simplified ... declaration of conformity drawn up in accordance with regulation 43 (simplified ... declaration of conformity).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information to be included where there are restrictions on putting into service or requirements for authorisation of use

14

(1) Where there are restrictions on putting into service or requirements for authorisation of use in the United Kingdom in respect of the radio equipment, a manufacturer must present information which identifies the types of restrictions on putting into service or requirements for authorisation of use that apply.

(2) The information referred to in paragraph (1) must—

(a) be completed in the instructions required by regulation 13,

(b) ... be presented in the manner and form specified in the Implementing Regulation ....

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity

15

(1) A manufacturer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2, if appropriate, must immediately take the corrective measures necessary to—

(a) bring the radio equipment into conformity,

(b) withdraw the radio equipment, or

(2) Where the radio equipment presents a risk, the manufacturer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b) any corrective measures taken and the results of those measures.

Provision of information and cooperation

16

(1) Following a request from the enforcing authority, the manufacturer must, within such reasonable period as the authority may specify, provide the authority concerned with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a) is one that was made during the period of 10 years beginning on the day that the manufacturer places the radio equipment on the market, and

(b) must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a) may be provided in electronic form, and

(b) must be in a language which can be easily understood by the authority concerned.

(4) A manufacturer must, at the request of the authority concerned, cooperate with that authority on any action taken to—

(a) evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

(b) eliminate the risks posed by radio equipment which the manufacturer has placed on the market.

Compliance procedures for series production

17

(1) A manufacturer must ensure, before placing radio equipment on the market, that procedures are in place to ensure that series production remains in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a) any change in radio equipment design or characteristics, and

(b) any change in a designated standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Monitoring

18

(1) When appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, a manufacturer must—

(a) carry out sample testing of radio equipment manufactured by it which has been made available on the market,

(b) investigate complaints that radio equipment manufactured by it is not in conformity with Part 2,

(i) complaints that radio equipment is not in conformity with Part 2,

(ii) radio equipment which is not in conformity with Part 2, and

(iii) radio equipment recalls, and

(d) keep distributors informed of any monitoring carried out under this regulation.

(2) A manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Authorised representatives

19

(1) A manufacturer may, by written mandate, appoint a person established in the United Kingdom as their authorised representative to perform specified tasks on that manufacturer's behalf.

(2) The authorised representative must perform the tasks specified in the mandate.

(3) The mandate must allow the authorised representative to do at least the following—

(a) perform the manufacturer's obligations under regulation 11 (retention of technical documentation and ... declaration of conformity),

(b) perform the manufacturer's obligations under regulation 16 (provision of information and cooperation).

(4) The mandate must not include the obligations contained in—

(a) regulation 7 (design and manufacture in accordance with essential requirements),

(b) regulation 9 (technical documentation and conformity assessment), or

(5) An authorised representative must comply with all the obligations imposed on the manufacturer by these Regulations which relate to the tasks that the authorised representative is appointed by the manufacturer to perform and, accordingly—

(a) as far as those obligations are concerned, references in these Regulations to the manufacturer are to be taken as including a reference to the authorised representative, and

(b) if the authorised representative contravenes or fails to comply with any of those obligations, the authorised representative may be proceeded against as though the authorised representative was the manufacturer.

(6) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, an obligation under these Regulations remains responsible for the proper performance of that obligation.

CHAPTER 3 — Importers

Prohibition on placing on the market radio equipment which is not in conformity

20

An importer must not place radio equipment on the market unless it is in conformity with the essential requirements.

Requirements which must be satisfied before an importer places radio equipment on the market

21

Before placing radio equipment on the market, an importer must ensure that—

(a) a relevant conformity assessment has been carried out by the manufacturer,

(b) that the radio equipment has been constructed so that it can be operated ... without causing an infringement of the applicable requirements on the use of the radio spectrum...,

(d) the radio equipment—

(i) bears the UK marking, and

(ii) is accompanied by the information and documents referred to in regulations 13 (instructions and information to be included with the radio equipment) and 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use),

(e) the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer).

Prohibition on placing on the market radio equipment considered not to be in conformity with the essential requirements

22

(1) Where an importer considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the importer must not place the radio equipment on the market.

(2) Where the radio equipment presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importer

23

(1) Before placing radio equipment on the market, an importer must indicate on the radio equipment—

(a) the name, registered trade name or registered trade mark of the importer, and

(b) a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the enforcement authority.

(3) Paragraph (1) does not apply where—

(a) either—

(i) it is not possible to set out the information referred to in paragraph (1) on the radio equipment, or

(ii) the importer has imported the radio equipment from an EEA state or Switzerland and places it on the market within the period of seven years beginning with IP completion day, and

(b) before placing the radio equipment on the market, the importer sets out the information referred to in paragraph (1)-

(i) on the packaging; or

(ii) in a document accompanying the radio equipment.

Instructions and safety information

24

(1) When placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Storage and transport

25

Where an importer has responsibility for radio equipment, the importer must ensure that the conditions under which the radio equipment is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements.

Monitoring

26

(1) When appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, an importer must—

(a) carry out sample testing of radio equipment made available by the importer on the market,

(b) investigate complaints that radio equipment made available on the market by the importer is not in conformity with Part 2,

(i) complaints that radio equipment is not in conformity with Part 2,

(ii) radio equipment which is not in conformity with Part 2, and

(iii) radio equipment recalls, and

(d) keep distributors informed of any monitoring carried out under this regulation.

(2) An importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity

27

(1) An importer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring the radio equipment into conformity,

(b) withdraw the radio equipment, or

(2) Where the radio equipment presents a risk, the importer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b) any corrective measures taken.

Retention of technical documentation and ... declaration of conformity

28

An importer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, upon request, make available to an enforcing authority the following in relation to radio equipment—

(a) a copy of the ... declaration of conformity, and

(b) the technical documentation.

Provision of information and cooperation

29

(1) Further to a reasoned request from an enforcing authority ..., an importer, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(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

(b) must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a) may be provided in electronic form, and

(b) must be in a language which can be easily understood by the enforcing authority.

(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—

(a) evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

(b) eliminate the risks posed by radio equipment which the importer has placed on the market.

CHAPTER 4 — Distributors

Duty to act with due care

30

When making radio equipment available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Requirements which must be satisfied before a distributor makes radio equipment available on the market

31

(1) Before making radio equipment available on the market, the distributor must verify that—

(a) the radio equipment—

(i) bears the UK marking,

(ii) is accompanied by the required documents,

(iii) is accompanied by instructions and safety information which are clear, legible and in easily understandable English,

(b) the manufacturer has complied with the requirements set out in—

(i) regulation 8 (construction must allow operation without infringement of requirements),

(ii) regulation 12 (identification of the radio equipment and manufacturer),

(iii) regulation 13 (instructions and information to be included with the radio equipment),

(iv) regulation 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use), and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Prohibition on making available on the market where radio equipment not considered to be in conformity with the essential requirements

32

(1) Where a distributor considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the distributor must not make the radio equipment available on the market.

(2) Where the radio equipment presents a risk, the distributor must inform the following persons of the risk—

(a) the manufacturer or, where appropriate, the importer, and

(b) the market surveillance authority.

Storage and transport

33

Where a distributor has responsibility for radio equipment, the distributor must ensure that the conditions under which it is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements.

Duty to take action in respect of radio equipment made available on the market which is not in conformity

34

(1) A distributor who considers, or has reason to believe, that radio equipment which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken to—

(a) bring that radio equipment into conformity,

(b) withdraw the radio equipment, or

(2) Where the radio equipment presents a risk, the distributor must immediately inform the market surveillance authority ... of that risk, giving details of—

(a) the respect in which the radio equipment is considered not to be in conformity with Part 2, and

(b) any corrective measures taken.

Provision of information and cooperation

35

(1) Further to a reasoned request from an enforcing authority ..., a distributor, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a) may only be made during the period of 10 years beginning on the day on which the radio equipment was made available on the market, and

(b) must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a) may be provided in electronic form, and

(b) must be in a language which can be easily understood by the enforcing authority.

(4) A distributor must, at the request of the enforcing authority or ..., cooperate with the authority on any action taken to—

(a) evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and

(b) eliminate the risks posed by radio equipment which the distributor has made available on the market.

CHAPTER 5 — Importers and distributors

Cases in which obligations of manufacturers apply to importers and distributors

36

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

(b) modifies radio equipment already placed on the market in such a way that it may affect whether the radio equipment is in conformity with Part 2.

CHAPTER 6 — All economic operators

Translation of declaration of conformity

37

(1) Before placing radio equipment on the market or making radio equipment available on the market, an economic operator must ensure that the EU declaration of conformity and, where appropriate, the simplified EU declaration of conformity is prepared in, or translated into, the language required by the relevant state in which it is to be placed on the market or made available on the market.

(2) Where the radio equipment is to be placed on the market or made available on the market in Northern Ireland, the language required is English.

Identification of economic operators

38

(1) An economic operator (“E”), who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a) any economic operator who has supplied E with radio equipment, and

(b) any economic operator to whom E has supplied radio equipment.

(2) The relevant period is—

(a) for information under paragraph (1)(a), 10 years beginning on the day on which E was supplied with the radio equipment,

(b) for information under paragraph (1)(b), 10 years beginning on the day on which E supplied the radio equipment.

Prohibition on improper use of CE marking

39

(1) An economic operator must not affix the UK marking to radio equipment unless—

(a) that economic operator is the manufacturer, and

(b) the conformity of the radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix to radio equipment a marking other than the UK marking which purports to attest that the radio equipment is in conformity with the essential requirements.

(3) An economic operator must not affix to radio equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.

(4) An economic operator must not affix to radio equipment any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.

PART 3 — Conformity assessment

Presumption of conformity

40

(1) Radio equipment which is in conformity with a designated standard (or part of such a standard), ... must be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Conformity assessment procedures

41

(1) The manufacturer must perform a conformity assessment of the radio equipment, in all its possible configurations, with a view to meeting the essential requirements.

(2) The conformity assessment must take into account all intended operating conditions.

(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.

(4) In relation to the assessment of compliance with regulation 6(1)(a) or (b), one of the following procedures must be used—

(a) internal production control set out in Schedule 2 (conformity assessment module A),

(b) ...type examination that is followed by the conformity to type based on internal production control set out in Schedule 3 (conformity assessment modules B and C),

(5) In relation to the assessment of compliance with regulation 6(2), where the manufacturer has applied designated standards, ... the manufacturer must use one of the procedures in paragraph (4) for the conformity assessment.

(6) In relation to the assessment of compliance with regulation 6(2), where the manufacturer has not applied or has only partly applied designated standards, ... or where designated standards do not exist, the manufacturer must use the procedure in either paragraph (4)(b) or paragraph (4)(c).

EU declaration of conformity

42

The ... declaration of conformity for radio equipment must—

(a) state that the fulfilment of the essential requirements has been demonstrated in respect of that radio equipment,

(b) contain the elements specified and have the model structure set out in Schedule 6 (... declaration of conformity) for the relevant conformity assessment procedure followed in respect of that radio equipment.

Simplified EU declaration of conformity

43

(1) Where only a simplified ... declaration of conformity is provided pursuant to regulation 13(3), it must contain the elements specified and have the model structure set out in Schedule 7 (simplified ... declaration of conformity).

(2) The full text of the ... declaration of conformity must be made available at the internet address referred to in the simplified ... declaration of conformity.

CE marking

44

(1) The UK marking must be affixed visibly, legibly and indelibly—

(a) to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the radio equipment; or

(b) where paragraph (1A) applies—

(i) to a label affixed to the radio equipment or its data plate; or

(ii) to a document accompanying the radio equipment.

(1A) For a period of seven years beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the radio equipment or its data plate; or

(b) a document accompanying the radio equipment.

(2) The UK marking must be affixed visibly and legibly—

(a) to the radio equipment packaging; or

(b) where paragraph (2A) applies—

(i) to a label affixed to the radio equipment packaging; or

(ii) a document accompanying the radio equipment packaging.

(2A) For a period of seven years beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the radio equipment packaging; or

(b) a document accompanying the radio equipment packaging.

(3) On account of the nature of the radio equipment, the height of the UK marking affixed to radio equipment may be lower than 5 mm, provided that the marking remains visible and legible.

(4) When the conformity assessment procedure in Schedule 4 (conformity assessment module H) has been applied, the UK marking must be followed by the identification number of the approved body which carried out the relevant conformity assessment procedure for the radio equipment.

(5) The identification number in paragraph (4) must have the same height as the UK marking and be affixed—

(a) by the approved body itself, or

(b) under the instructions of the approved body, by the manufacturer or the manufacturer's authorised representative.

Technical documentation

45

(1) The technical documentation produced by the manufacturer for the radio equipment must contain all the relevant data or details of the means used by the manufacturer to ensure that the radio equipment complies with the essential requirements.

(2) The technical documentation in paragraph (1) must—

(a) contain, at least, the elements set out in Schedule 5 (contents of technical documentation),

(b) be drawn up before the radio equipment is placed on the market, and

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the technical documentation does not comply with the requirements in paragraphs (1) and (2) and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements.

PART 4 — Notification of conformity assessment bodies Approval of conformity assessment bodies

Notified bodies

46

(1) An approved body is a conformity assessment body which—

(a) has been approved by the Secretary of State pursuant to the procedure set out in regulation 47 (approval of conformity assessment bodies); or

(b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulations 52(1) or (2), as they had effect immediately before IP completion day, to suspend or withdraw the body's status as a notified body.

(2) Paragraph (1) has effect subject to regulation 50 (restriction, suspension or withdrawal of approval).

(3) In this Part—

“notified body” means a body—which the Secretary of State had before IP completion day notified to the European Commission and the Member States of the European Union, in accordance with Article 22 of the Directive; andin respect of which no objections had been raised, as referred to in regulation 46(1)(b) as it had effect immediately before IP completion day;

“approved body requirements” means the requirements set out in Schedule 8.

Notification

47

(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by—

(a) a description of—

(i) the conformity assessment activities that the conformity assessment body intends to carry out;

(ii) the conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

(iii) the radio equipment in respect of which the conformity assessment body claims to be competent; and

(b) either—

(i) an accreditation certificate; or

(ii) the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

(6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may—

(a) have regard to any other matter which appears to the Secretary of State to be relevant; and

(b) set conditions that the conformity assessment body must meet.

(7) For the purposes of this regulation “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.

Presumption of conformity of notified bodies

48

(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Contents of notification

49

The Secretary of State must monitor each approved body with a view to verifying that the body—

(a) continues to meet the approved body requirements;

(b) meets any conditions set—

(i) in accordance with regulation 47(6)(b); or

(ii) in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 47(6)(b), as it applied immediately before IP completion day; and

Monitoring

50

(1) Where the Secretary of State determines that an approved body—

(a) no longer meets an approved body requirement, or

(b) is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 49(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 46 (approved bodies).

(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 49(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 46.

(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 approved body of the proposed action and the reasons for it;

(b) give the approved 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

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

(a) transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

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

(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.

United Kingdom Accreditation Service

51

(1) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures—

(a) in respect of which the body's approval was given under regulation 47; or

(b) in respect of which body's notification as a notified body was made.

(2) Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Schedule 9.

(3) An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved body—

(a) to issue a Type-examination certificate referred to in Schedule 3; or

(b) to affix, or cause to be affixed, the body's identification number pursuant to regulation 44(5) (UK marking).

Changes to notifications

52

(1) An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

(a) the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

(b) the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c) the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

(a) the assessment of the qualifications of the subcontractor or the subsidiary; and

(b) the conformity assessment activity carried out by the subcontractor or subsidiary.

(4) In this regulation, “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.

Operational obligations of notified bodies

53

(1) The Secretary of State must—

(a) assign an approved body identification number to each approved body; and

(b) compile and maintain a register of—

(i) approved bodies;

(ii) their approved body identification numbers;

(iii) the activities for which they have been approved; and

(iv) any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.

Subsidiaries and contractors

54

The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

(a) assessing whether a conformity assessment body meets the approved body requirements;

(b) monitoring approved bodies in accordance with regulation 49; and

PART 5 — Market surveillance and enforcement

Designation of market surveillance authorities

55

(1) The market surveillance authority is—

(a) within its area in Great Britain, the weights and measures authority, and

(b) within its area in Northern Ireland, the district council.

(2) The market surveillance authority must make adequate arrangements for market surveillance under these Regulations and RAMS (in its application to 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.

Designation of enforcing authorities

56

(1) It is the duty of the following authorities to enforce these Regulations and RAMS (in its application to radio equipment)—

(a) in Great Britain—

(i) OFCOM, insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum,

(ii) within their area, the weights and measures authorities.

(b) in Northern Ireland—

(i) OFCOM, insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum,

(ii) within their area, the district councils.

(2) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to radio equipment).

(3) In Scotland, only the Lord Advocate may commence proceedings for an offence.

Enforcement powers

57

(1) For the purposes of enforcing these Regulations, Schedule 10 (enforcement and investigatory powers) applies.

(2) Where the enforcing authority has reasonable grounds to suspect that the UK marking has been affixed to radio equipment which does not satisfy the essential requirements, it may serve a compliance notice on—

(a) the manufacturer, if the manufacturer is established in the United Kingdom,

(b) the manufacturer's authorised representative in the United Kingdom, or

(3) Where a compliance notice is served in accordance with paragraph (2), no other notice as referred to in Part 2 of Schedule 10 can be issued and no proceedings pursuant to regulation 63 (enforcement action in respect of formal non-compliance) can be brought, until the person on whom that notice has been served has failed to comply with its requirements.

(4) A compliance notice must—

(a) state that the enforcing authority suspects that the UK marking has been affixed pursuant to regulation 44 (UK marking) in circumstances where that radio equipment does not comply with the requirements of these Regulations,

(b) state the reasons for that suspicion,

(d) specify a date by which any necessary action to remedy non-compliance must have been taken,

(e) require the person on whom the notice is served to—

(i) take the necessary action to ensure that the radio equipment to which the notice relates conforms with the requirements of these Regulations and RAMS concerning the UK marking and to end the infringement by the date specified in the notice, or

(ii) to provide evidence, by the date specified in the notice, that demonstrates to the satisfaction of the enforcement authority that all provisions of these Regulations which apply to the radio equipment have been complied with, and

(f) warn the person on whom the notice is served that if the radio equipment does not comply with the requirements of these Regulations by the date specified in the notice, further enforcement action may be taken under these Regulations in respect of the radio equipment referred to in the notice or any radio equipment of the same type placed on the market by that person.

(5) A compliance notice may include directions as to the measures to be taken by the person upon whom it is served in order to ensure that the radio equipment complies with the requirements of these Regulations which apply to it, by the date specified in the notice.

(6) In this regulation, “enforcement officer” means—

(a) an officer of an enforcing authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this Part,

(b) 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.

Exercise of enforcement powers

58

When enforcing these Regulations, the enforcing authority must exercise its powers in a manner which is consistent with—

(a) regulation 59 (evaluation of radio equipment presenting a risk),

(b) regulation 60 (enforcement action in respect of radio equipment which is not in conformity and which presents a risk),

(d) regulation 62 (enforcement action in respect of radio equipment which is in conformity, but presents a risk),

(e) regulation 63 (enforcement action in respect of formal non-compliance),

(f) regulation 64 (restrictive measures).

Evaluation of radio equipment presenting a risk

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.

(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority may carry out an evaluation in relation to the radio equipment covering the relevant requirements of Part 2 applying in respect of that radio equipment.

Enforcement action in respect of radio equipment which is not in conformity and which presents a risk

60

(1) Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—

(a) take appropriate corrective actions to bring the radio equipment into conformity with those requirements,

(b) withdraw the radio equipment, or

within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment.

(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of—

(a) the respect in which the radio equipment is not in conformity with Part 2, and

(b) the actions which the enforcing authority has required the economic operator to take.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a) prohibit or restrict the radio equipment being made available on the market in the United Kingdom,

(b) withdraw the radio equipment from the United Kingdom market, or

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The notification under paragraph (6) must include details about the radio equipment and, in particular—

(a) the data necessary for the identification of the radio equipment which is not in conformity with Part 2,

(b) the origin of the radio equipment,

(d) the nature and duration of the measures taken,

(e) the arguments put forward by the relevant economic operator, and

(f) whether the lack of conformity is due to either of the following—

(i) failure of the radio equipment to meet the essential requirements, or

(ii) shortcomings in the designated standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.

EU safeguard procedure

61

(1) Where another relevant 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

(b) any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the radio equipment.

(2) Where another relevant state has initiated the procedure under Article 40 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other relevant states of—

(a) any measure taken by an enforcing authority in Northern Ireland in respect of the radio equipment,

(b) any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the radio equipment.

(3) Where a measure taken by another relevant state in respect of radio equipment is deemed justified under Article 40(7) of the Directive (as amended from time to time) (no objections raised by Member States or the European Commission in respect of a provisional measure taken by an enforcing authority), the market surveillance authority must ensure that appropriate measures, such as withdrawal or recall, are taken in Northern Ireland in respect of the radio equipment without delay.

(4) Where a measure taken by another relevant state in respect of radio equipment is considered justified by the European Commission under Article 41(1) of the Directive (as amended from time to time) (consideration by the European Commission of objections raised by a Member State about, or compatibility with EU law of, measures taken by an economic operator, or a provisional measure taken by an enforcing authority), the market surveillance authority must take the necessary measures to ensure that the radio equipment is withdrawn or recalled from market in Northern Ireland.

(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.

(6) Where the Secretary of State receives notification under paragraph (5) or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken in respect of Northern Ireland.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement action in respect of radio equipment which is in conformity, but presents a risk

62

(1) Where, having carried out an evaluation under regulation 59 (evaluation of radio equipment presenting a risk), an enforcing authority finds that although the radio equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—

(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

(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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The notification referred to in paragraph (2) must include details about the radio equipment and, in particular—

(a) the data necessary for the identification of the radio equipment concerned,

(b) the origin and the supply chain of the radio equipment,

(d) the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which is—

(a) prescribed by the enforcing authority, and

(b) reasonable and commensurate with the nature of the risk presented by the radio equipment.

Enforcement action in respect of formal non-compliance

63

(1) Where an enforcing authority makes one of the following findings relating to radio equipment, it must require a relevant economic operator to put an end to the non-compliance within such reasonable period as the authority specifies—

(a) the UK marking—

(i) has not been affixed, or

(ii) has been affixed otherwise than in accordance with regulations 39 (prohibition on improper use of UK marking) and 44 (UK marking),

(b) where the conformity assessment procedure set out in Schedule 4 (full quality assurance) is applied, the identification number of the approved body—

(i) has not been affixed, or

(ii) has been affixed otherwise than in accordance with regulation 44 (UK marking),

(i) has not been drawn up, or

(ii) has been drawn up otherwise than in accordance with regulations 10 (... declaration of conformity and UK marking) and 42 (... declaration of conformity),

(d) the technical documentation is either not available or not complete,

(e) the following information that is required to be included is absent, false or incomplete—

(i) the information specified in regulation 12(1) or (2) (identification of the radio equipment and manufacturer), or

(ii) the information specified in regulation 23(1) (information identifying importer),

(f) the information specified in regulation 13(1), (2) or (3) (instructions and information to be included with the radio equipment) is absent,

(g) the requirements set out in regulation 38 (identification of economic operators) on the identification of economic operators have not been met.

(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance referred to in paragraph (1).

(3) Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcing authority must take appropriate measures to—

(a) restrict or prohibit corresponding radio equipment being made available on the market,

(b) ensure that the radio equipment is withdrawn, or

(4) This regulation does not apply where radio equipment presents a risk.

Restrictive measures

64

When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS (as amended from time to time) in relation to any measure to—

(a) prohibit or restrict radio equipment being made available on the market,

(b) withdraw radio equipment, or

Offences

65

(1) It is an offence for a person to contravene or fail to comply with any requirement of regulations 7 to 15, 16(4), 17 and 18, 20 to 28, 29(4), 30 to 34, 35(4) or 39A.

(2) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

Penalties

66

(1) Subject to paragraph (2), a person guilty of an offence under regulation 65 is liable on summary conviction—

(a) in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both,

(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.

(2) A person guilty of an offence under regulations 11, 16, 28, 29 and 35 is liable on summary conviction—

(a) in England and Wales, to a fine,

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Defence of due diligence

67

(1) Subject to paragraphs (2) and (4), in proceedings for an offence under regulation 65 (offences), it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a) served a notice in accordance with paragraph (3), or

(b) obtained the leave of the court.

(3) The notice must—

(a) give any information in P's possession which identifies or assists in identifying the person who—

(i) committed the act or default, or

(ii) supplied the information on which P relied.

(b) be served on the person bringing the proceedings not less than 7 clear days before—

(i) in England, Wales and Northern Ireland, the hearing of the proceedings,

(ii) in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a) to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information, and

(b) to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a) to the act or default of another person, or

(b) to reliance on information supplied by another person.

Liability of persons other than principal offender

68

(1) Where the commission of an offence by one person (“A”) under regulation 65 (offences) is due to anything which another person (“B”) did or failed to do in the course of business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.

(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed—

(a) with the consent or connivance of the relevant person, or

(b) as a result of the negligence of the relevant person.

(3) In paragraph (2), “relevant person” means—

(a) a director, manager, secretary or other similar officer of the body corporate,

(b) in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions,

(d) a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Time limit for prosecution of offences

69

(1) Subject to paragraph (4), in England and Wales an information relating to an offence under regulation 65 (offences) that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) Subject to paragraph (4), in Scotland—

(a) summary proceedings for an offence under regulation 65 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge,

(b) section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(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.

(4) No proceedings may be brought more than 3 years after the commission of the offence.

(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to in paragraphs (1), (2) or (3) came to light, is conclusive evidence.

Service of documents

70

(1) Any document required or authorised by these Regulations to be served on a person may be served by—

(a) delivering it to that person in person,

(b) leaving it at that person's proper address, or

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, “proper address” means—

(a) in the case of a body corporate or its director—

(i) the registered or principal office of that body, or

(ii) the email address of the secretary or clerk of that body,

(b) in the case of a partnership, a partner or person having control or management of the partnership business—

(i) the principal office of the partnership, or

(ii) the email address of a partner or person having that control or management,

(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.

(6) In this regulation, “partnership” includes a Scottish partnership.

Recovery of expenses of enforcement

71

(1) This regulation applies where a person commits an offence under regulation 65 (offences).

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.

Action by enforcing authority

72

(1) An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—

(a) the enforcing authority has been unable to identify any economic operator on whom to serve such a notice, or

(b) the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily—

(a) in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 ,

(b) in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981 .

Appeals against notices

73

(1) An application for an order to vary or set aside the terms of a notice served under these Regulations may be made—

(a) by the economic operator on whom the notice has been served,

(b) by a person having an interest in the radio equipment in respect of which the notice has been served, unless the notice is a recall notice.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—

(a) that the requirements of these Regulations and of RAMS (in its application to radio equipment) have been complied with in respect of the radio equipment to which the notice relates, or

(b) that the enforcing authority failed to comply with regulation 58 (exercise of enforcement powers) when serving the notice.

(4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this regulation—

(a) the “appropriate court” is to be determined in accordance with regulation 74 (appropriate court for appeals against notices),

(b) “notice” means any notice served in accordance with Schedule 10.

Appropriate court for appeals against notices

74

(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 73 (appeals against notices) is—

(a) the court in which proceedings have been brought in relation to the radio equipment for an offence under regulation 65 (offences),

(b) in any other case, a magistrates' court.

(2) In Scotland, the appropriate court for the purposes of regulation 73 is the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office.

(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—

(a) in England and Wales, to the Crown Court,

(b) in Northern Ireland, to the county court.

Compensation

75

(1) Where an enforcing authority serves a relevant notice in respect of radio equipment, the enforcing authority is liable to pay compensation to a person having an interest in the radio equipment for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a) the radio equipment in respect of which the relevant notice was served neither—

(i) presents a risk, nor

(ii) contravenes any requirements of these Regulations, and

(b) the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.

(3) In this regulation, “relevant notice” means a suspension, withdrawal or recall notice served in accordance with these Regulations.

PART 6 — Miscellaneous

Review

76

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of 5 years beginning with the commencement date.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),

(b) assess the extent to which those objectives are achieved,

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Transitional provision

77

Nothing in these Regulations prevents the making available on the market of radio equipment which—

(a) is in conformity with the requirements of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000, and

(b) is placed on the market on or before the commencement date.

Revocations and savings

78

(1) Subject to paragraph (2), the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 are revoked.

(2) The Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to any equipment placed on the market in accordance with those Regulations before the commencement date, subject to the modifications made in paragraph (2A).

(2A) The modifications referred to in paragraph (2) are as follows—

(a) references to the Community are to be read as including the United Kingdom;

(b) except where “Member State” first appears in regulation 14 (notified bodies), references to Member State are to be read as including the United Kingdom;

(d) regulation 18A (duty of enforcement authority to inform Secretary of State of action taken), is to be read without the words “, with a view to this information being passed by her to the Commission.”;

(e) Schedule 5 applies as if paragraph 6 were omitted.

(3) In relation to radio equipment placed on the market before the commencement date, the amendments in regulations 79 and 80 do not apply.

Consequential and other amendments

79

(1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 is amended as follows.

(2) In Schedule 1, for “Radio Equipment and Telecommunications Terminal Equipment Regulations 2000” substitute “ Radio Equipment Regulations 2017 ”.

80

(1) The Consumer Rights Act 2015 is amended as follows.

(2) In paragraph 10 of Schedule 5—

(a) 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 (SI 2000/730)”, and

(b) at the appropriate place insert—

regulation 56(1)(a)(ii) or (b)(ii) or (2) of the Radio Equipment Regulations 2017 (S.I. 2017/1206)

81

(1) The Electromagnetic Compatibility Regulations 2016 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), omit the definition of “notified body”, and

(b) after paragraph (4), insert—

(5) 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) a notified body within the meaning set out in regulation 43 (notified bodies), or (b) a notified body under the laws of any other Member State which implements the Directive.

(3) In regulation 52 (designation of enforcing authorities) omit paragraph (4).

82

(1) The Pressure Equipment (Safety) Regulations 2016 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) for the definition of “authorised representative” substitute—

“authorised representative” means a person established within the EU appointed in accordance with regulation 19(1) (manufacturer's authorised representative);

(ii) omit the definition of “notified body”, and

(b) after paragraph (6), insert—

(7) 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) a notified body within the meaning set out in regulation 51 (notified bodies), or (b) a notified body under the laws of any other Member State which implement the Directive.

83

(1) The Simple Pressure Vessels (Safety) Regulations 2016 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (4), omit the definition of “notified body”, and

(b) after paragraph (6), insert—

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