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STATUTORY INSTRUMENTS


2005 No. 281

ELECTROMAGNETIC COMPATIBILITY

The Electromagnetic Compatibility Regulations 2005

  Made 2nd February 2005 
  Laid before Parliament 11th February 2005 
  Coming into force 7th March 2005 


ARRANGEMENT OF REGULATIONS


PART 1

PRELIMINARY
1. Citation and commencement
2. Repeal and disapplication
3. Interpretation
4. Electromagnetic disturbance
5. Protection requirements

PART II

APPLICATION
General Application
6. Relevant apparatus
7. General conditions of application
Modified application
8. Education and training equipment
9. Test apparatus
Exclusions
10. Apparatus supplied or taken into service before 28th October 1992
11. Apparatus for export to a third country outside the Community
12. Excluded installations
13. Spare parts
14. Supply to the authorised representative
15. Second-hand apparatus
16. Electromagnetically benign apparatus
17. Apparatus for use in a sealed electromagnetic environment
18. Radio amateur apparatus
19. Military equipment
Apparatus covered by other Directives
20. Active implantable medical devices
21. In vitro medical devices
22. Medical devices
23. Vehicles, components and separate technical units
24. Agricultural or forestry tractors
25. Two and three-wheel motor vehicles
26. Marine Equipment
27. Electrical Energy Meters
28. Non-automatic weighing instruments
29. Radio equipment and telecommunications terminal equipment

PART III

GENERAL REQUIREMENTS
30. General duty for supply
31. General duty for taking into service
32. Requirements for supply
33. Conformity assessment requirements - the three routes to compliance
34. Presumption of conformity
35. The CE marking
36. EC declaration of conformity
37. Retention of documentation

PART IV

THE STANDARDS ROUTE TO COMPLIANCE
38. Application of Part IV
39. The standards route to compliance
40. Applicable EMC standards
41. Publication of reference numbers of standards
42. EC declaration of conformity pursuant to the standards route to compliance

PART V

THE TECHNICAL CONSTRUCTION FILE ROUTE TO COMPLIANCE
General
43. Application of Part V
44. Applicability of the technical construction file route to compliance
45. Technical construction files
46. The technical construction file route to compliance
47. Competent bodies
United Kingdom competent bodies
48. Appointment
49. Eligibility and verification
50. Termination of appointment and transfer of functions
51. Power of competent body other than the Secretary of State to charge fees
52. Applications for technical reports and technical certificates
53. Limitations on duty to exercise functions
54. Contractors etc.
55. Form of technical reports and technical certificates
56. Conditions of technical reports or technical certificates
57. Withdrawal of technical reports or technical certificates
58. Procedure where United Kingdom competent body is minded to make an unfavourable decision
EC declaration of conformity
59. EC declaration of conformity where conformity assessment requirements are complied with by reference to a technical construction file
Final provisions
60. Interpretation of Part V

PART VI

THE EC TYPE-EXAMINATION ROUTE TO COMPLIANCE FOR RADIOCOMMUNICATION TRANSMISSION APPARATUS
General
61. Application of Part VI
62. The EC type-examination route to compliance
63. Notified bodies
64. Bodies and scope of authority
65. Power of CAA and OFCOM to charge fees
66. Applications for EC type-examination certificates
67. Limitations on duty to exercise functions
68. Contractors etc.
69. Conditions of EC type-examination certificates
70. Withdrawal of EC type-examination certificates
71. Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant
EC declaration of conformity
72. EC declaration of conformity for radiocommunication transmission apparatus
Final provisions
73. Savings
74. Interpretation of Part VI

PART VII

ENFORCEMENT
Enforcement authorities and powers
75. Enforcement authorities
76. Test purchases
77. Powers of search etc.
78. Provisions supplemental to regulation 77
79. Appeals against detention of apparatus
80. Compliance notices
81. Prohibition notices
82. Suspension notices
83. Appeals against suspension notices
84. Power to require production of documents and information etc.
Offences
85. Supplying or taking into service apparatus in contravention of regulation 30 or 31
86. Contravention of prohibition notice or suspension notice
87. False or misleading information
88. Misuse of the CE marking etc.
89. Obstruction etc. of officers of enforcement authorities etc.
90. Failure to retain documentation
91. Defence of due diligence
92. Liability of persons other than the principal offender
93. Extension of time for bringing summary proceedings
94. Inference of condition of apparatus at time of supply or taking into service
Powers of the court
95. Penalties
96. Power of the court to require matter to be remedied
97. Forfeiture: England and Wales and Northern Ireland
98. Forfeiture: Scotland
99. Recovery of expenses of enforcement

PART VIII

MISCELLANEOUS AND SUPPLEMENTAL
100. Service of documents etc.
101. Duty of enforcement authority to inform the Secretary of State of action taken
102. Savings for certain privileges
103. Savings for action taken under other enactments
Consequential amendments
104. The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
105. Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

SCHEDULES

  Schedule 1. Regulations under Section 10 of the Wireless Telegraphy Act 1949

  Schedule 2. Phenomena and effects which may be regarded as electromagnetic disturbance

  Schedule 3. Descriptions of apparatus the operation of which must not be hindered by relevant apparatus

  Schedule 4. The CE Marking

  Schedule 5. Minimum criteria for the assessment of United Kingdom competent bodies

  Schedule 6. Descriptions of apparatus for which United Kingdom notified bodies are authorised

  Schedule 7. Prohibition Notices

The Secretary of State, being a Minister designated [
1] for the purposes of section 2(2) of the European Communities Act 1972 [2] in relation to measures relating to apparatus which is liable to cause electromagnetic disturbance and to apparatus the performance of which is liable to be affected by such disturbance, in exercise of the powers conferred upon her by that section, hereby makes the following Regulations:



PART 1

PRELIMINARY

Citation and commencement
     1. These Regulations may be cited as the Electromagnetic Compatibility Regulations 2005, and shall come into force on 7th March 2005.

Repeal and disapplication
    
2.  - (1) The following Regulations are hereby revoked - 

    (2) The regulations made under section 10 of the Wireless Telegraphy Act 1949 [6] listed in Schedule 1, to the extent that they impose electromagnetic compatibility requirements which must be complied with if relevant apparatus is - 

shall cease to have effect, but nothing in these Regulations shall affect the said regulations to the extent that they impose requirements for radio frequency spectrum planning or for the prevention of undue interference to wireless telegraphy from relevant apparatus in use.

Interpretation
     3.  - (1) In these Regulations,

but does not include repair or the assembly of relevant apparatus from a kit;

and includes a kit but excludes any such equipment containing a medical device;

    (2) For the purpose of these Regulations - 

    (3) In these Regulations, with respect to matters arising on and after 1st January 1994, a reference to the Community includes a reference to the EEA States, and for the purposes of this paragraph an EEA state means a member State, Norway, Iceland or Liechtenstein [13].

Electromagnetic disturbance
     4. In these Regulations, "electromagnetic disturbance" means, subject to paragraphs (2) to (6) below, any electromagnetic phenomenon which is liable to degrade the performance of relevant apparatus.

    (1) Without prejudice to the generality of paragraph (1) above, the following phenomena shall be regarded as electromagnetic disturbance (being phenomena expressly stated to be such in Article 1.2 of the EMC Directive): - 

    (2) Without prejudice to the generality of paragraph (1) above and in addition to the phenomena regarded as electromagnetic disturbance pursuant to paragraph (2) above, the phenomena and effects listed in Schedule 2 hereto may be regarded as electromagnetic disturbance.

    (3) A signal or emission which is a necessary function, or consequence of the operation, of relevant apparatus shall not be taken to be electromagnetic disturbance if, in relation to that apparatus, that signal or emission is permitted, and does not exceed the limits specified, by - 

    (4) A nuclear electromagnetic pulse ("NEMP") shall not be regarded as electromagnetic disturbance.

    (5) Without prejudice to the generality of the foregoing provisions of this regulation, the performance of relevant apparatus shall be taken to be degraded if any of the following types of interference with its function occur - 

Protection requirements
     5.  - (1) A reference to "protection requirements" in relation to relevant apparatus is a reference to the requirements set out in the following provisions of this regulation.

    (2) Subject to paragraphs (3) to (5) below, relevant apparatus shall be so constructed that - 

    (3) Nothing in paragraph (2) above shall be taken to require relevant apparatus, not being apparatus specifically designed for use at a given location, to be constructed in such a manner as to - 

other relevant apparatus which would not reasonably be expected to be present in its usual electromagnetic environment.

    (4) Without prejudice to the generality of paragraph (2)(a), the electromagnetic disturbance generated by relevant apparatus shall - 

    (5) Without prejudice to the generality of paragraph (2)(b) - 

    (6) The information required to enable use in accordance with the intended purpose of the relevant apparatus must be contained in the manufacturer's instructions accompanying the apparatus.



PART II

APPLICATION

General Application

Relevant apparatus
    
6.  - (1) Subject to paragraph (2) below, this Part shall have effect for the purposes of providing for the application of these Regulations, and apparatus to which these Regulations apply shall be relevant apparatus.

    (2) In addition to applying to relevant apparatus, the following provisions of these Regulations apply as follows: - 

General conditions of application
    
7.  - (1) Subject to regulations 8 and 9 below, these Regulations apply to electrical apparatus unless, pursuant to regulations 10 to 29 below, it falls outside the scope of these Regulations.

    (2) For the purposes of these Regulations, electrical apparatus consists of a product  - 

Education and training equipment
    
8.  - (1) This regulation applies to education and training equipment which would not, except for the provisions of this regulation, conform with the protection requirements under normal conditions of use in its usual electromagnetic environment.

    (2) Education and training equipment to which this regulation applies shall be deemed to conform with the protection requirements if it satisfies the following conditions - 

Test apparatus
    
9. In the application of these Regulations to test apparatus, a reference to the protection requirements - 

Apparatus supplied or taken into service before 28th October 1992
    
10. These Regulations do not apply to an item of electrical apparatus supplied or taken into service in the Community before 28th October 1992.

Apparatus for export to a third country outside the Community
    
11.  - (1) Subject to paragraph (2) below, these Regulations do not apply to any apparatus which the supplier believes (with reasonable cause) will not be used either in the United Kingdom or elsewhere in the Community.

    (2) Paragraph (1) above shall not apply if the CE mark or any inscription liable to be confused therewith is affixed to the apparatus.

Excluded installations
    
12.  - (1) These Regulations do not apply to excluded installations; but the extent to which any apparatus or system comprised or to be comprised therein is relevant apparatus shall be determined in accordance with the provisions of this Part.

    (2) In this regulation "excluded installation" means two or more combined items of relevant apparatus or systems put together at a given place (whether or not in combination with any other item) to fulfil a specific objective but not designed by the manufacturer (or manufacturers, where the items are made by different manufacturers) for supply as a single functional unit.

Spare parts
    
13.  - (1) Subject to paragraph (2), these Regulations do not apply to spare parts.

    (2) Nothing in this regulation shall be taken to affect the application of these Regulations to apparatus into which a spare part has been incorporated.

    (3) In this regulation, "spare part" means a component or combination of components intended for use in replacing parts of electrical apparatus.

Supply to the authorised representative
    
14. These Regulations do not apply to the supply of apparatus by the manufacturer thereof to his authorised representative.

Second-hand apparatus
    
15.  - (1) Subject to paragraph (2) below, these Regulations do not apply to second-hand apparatus.

    (2) Nothing in paragraph (1) above shall be taken to disapply these Regulations to - 

    (3) In this regulation, "second-hand apparatus" means apparatus which has previously been used by an end user.

Electromagnetically benign apparatus
    
16. These Regulations do not apply to apparatus the inherent qualities of which are such that neither is it liable to cause, nor is its performance liable to be degraded by, electromagnetic disturbance.

Apparatus for use in a sealed electromagnetic environment
    
17. These Regulations do not apply to - 

Radio amateur apparatus
    
18.  - (1) These Regulations do not apply to radio amateur apparatus which is not available commercially.

    (2) In this regulation, "available commercially" means manufactured in the course of a business of manufacture of relevant apparatus.

Military equipment
    
19.  - (1) These Regulations do not apply to military equipment.

    (2) In this regulation, "military equipment" means apparatus which is designed for use as arms, munitions or war material within the meaning of Article 223.1(b) of the Treaty establishing the European Community (notwithstanding that it may be capable of other applications), but does not include apparatus which is designed both for such use and for other applications.

Apparatus covered by other Directives

Active implantable medical devices
    
20.  - (1) These Regulations do not apply to active implantable medical devices.

    (2) In this regulation "active implantable medical device" has the meaning given by Article 1.2(c) of Council Directive 90/385/EEC [
14] on the approximation of laws of the member States relating to active implantable medical devices.

In vitro medical devices
     21.  - (1) These Regulations do not apply to in vitro medical devices and their accessories.

    (2) In this regulation "in vitro medical device" has the meaning given by Article 1.2(b) of Directive 98/79/EC[
15] concerning in vitro medical devices and "accessory" has the meaning given in Article 1. 2(c) of that Directive.

Medical devices
     22.  - (1) These Regulations do not apply to medical devices.

    (2) Insofar as the Wireless Telegraphy (Control of Interference from Electro Medical Apparatus) Regulations 1963 [
16] impose electromagnetic compatibility requirements which must be complied with if a relevant medical device is to be supplied, used or taken into service, those Regulations shall cease to apply except where the manufacturer elects to comply with the Wireless Telegraphy (Control of Interference from Electro Medical Apparatus) Regulations 1963 if applicable.

    (3) In this regulation "medical device" has the meaning given by Article 1.2(a) of Directive 93/42/EEC[17] concerning medical devices.

Vehicles, components and separate technical units
     23.  - (1) These Regulations do not apply to vehicles, components or separate technical units.

    (2) In this regulation, in accordance with Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles [
18] as adapted to technical progress and amended by Commission Directive 95/54/EC [19], "vehicle", "component" and "separate technical unit" have the meanings respectively given to them by Article 2 of Council Directive 70/156/EEC on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers [20], as amended by Council Directive 92/53/EEC[21].

Agricultural or forestry tractors
     24.  - (1) These Regulations do not apply to agricultural or forestry tractors insofar as the electromagnetic disturbance generated by them is liable to cause radio interference.

    (2) In this regulation, "agricultural or forestry tractor" has the meaning given to "vehicle" in Article 1 of Council Directive 75/322/EEC on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility) [
22] as amended by Commission Directive 2000/2/EC of 14 January 2000 [23].

Two and three-wheel motor vehicles
     25.  - (1) These Regulations do not apply to two and three-wheel motor vehicles.

    (2) In this regulation, in accordance with Directive 97/24/EC on certain components and characteristics of two and three-wheel motor vehicles [
24], "two and three-wheel motor vehicles" has the meaning given to two or three-wheel motor vehicles referred to in Article 1 of Directive 2002/24/EC [25] relating to the type approval of two and three-wheel vehicles.

Marine Equipment
     26.  - (1) These Regulations do not apply to marine equipment.

    (2) In this regulation, "marine equipment" has the meaning given to "equipment", as defined in Article 2 (b) of Directive 96/98/EC [
26] on marine equipment, for use on board as provided for in Article 3 of that Directive.

Electrical Energy Meters
     27.  - (1) These Regulations do not apply to electrical energy meters as regards the immunity thereof.

    (2) In this regulation, "electrical energy meter" means any new directly connected induction meter, with single or multiple tariffs, designed to measure active energy single-phase or polyphase current at 53 Hz frequency mentioned or referred to in Article 2 of Council Directive 76/891/EEC on the approximation of the laws of the member States relating to electrical energy meters [
27].

Non-automatic weighing instruments
     28.  - (1) These Regulations do not apply to non-automatic weighing instruments as regards the immunity thereof.

    (2) In this regulation, "non-automatic weighing instrument" has the meaning given by the second indent of Article 1.1 read in conjunction with Article 1.2(a) of Council Directive 90/384/EEC on the harmonisation of the laws of the member States relating to non-automatic weighing instruments [
28].

Radio equipment and telecommunications terminal equipment
     29. These Regulations do not apply to telecommunications terminal equipment and radio equipment as defined in regulation 2(1) of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000[29].



PART III

GENERAL REQUIREMENTS

General duty for supply
     30. No person shall supply relevant apparatus unless the requirements of regulation 32 below are complied with in relation to such apparatus.

General duty for taking into service
    
31. No person shall take into service relevant apparatus unless that apparatus conforms with the protection requirements.

Requirements for supply
    
32. The requirements of this regulation are that - 

Conformity assessment requirements - the three routes to compliance
    
33. The conformity assessment requirements are that - 

Presumption of conformity
    
34. Where in relation to any relevant apparatus - 

there shall be a presumption ("the presumption of conformity") that, until the contrary is proved, that relevant apparatus complies with the protection requirements.

The CE marking
    
35.  - (1) For the purposes of these Regulations, the CE marking shall be regarded as properly affixed in relation to relevant apparatus if the requirements of this regulation are complied with.

    (2) The CE marking shall be affixed in relation to any relevant apparatus by being affixed to one of the following - 

    (3) Subject to paragraph (4) below, where the apparatus is the subject of other Community Directives covering other aspects and which also provide for the CE conformity marking, the latter shall indicate that the apparatus is also presumed to conform to those other Directives.

    (4) Where one or more of the other Directives referred to in paragraph (3) above allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the Directives and accompanying such apparatus.

    (5) No person shall affix to relevant apparatus, its packaging, the instructions for use or the guarantee certificate any marking which is likely to deceive third parties as to the meaning and form of the CE marking. Any other marking may be affixed to the apparatus, its packaging, the instructions for use or the guarantee certificate provided that the visibility and legibility of the CE marking are not thereby reduced.

    (6) No person shall affix the CE marking, or any other inscription liable to be confused with it, in relation to any relevant apparatus, unless - 

    (7) Except as provided in paragraph (3) above, no person shall affix the CE marking, or any other inscription liable to be confused with it, to any electrical apparatus other than relevant apparatus.

    (8) The CE marking shall comply with the form requirements set out in Schedule 4 to these Regulations.

    (9) In these Regulations, "CE marking" means the CE conformity marking, being a mark - 

EC declaration of conformity
    
36.  - (1) For the purposes of these Regulations, an EC declaration of conformity is a declaration which indicates that apparatus conforms with the protection requirements of the EMC Directive (howsoever expressed).

    (2) For the purposes of these Regulations, an EC declaration of conformity shall be regarded as properly issued in relation to relevant apparatus if the following requirements are complied with - 

    (3) No person shall (in the United Kingdom) issue an EC declaration of conformity in relation to relevant apparatus unless - 

    (4) No person shall (in the United Kingdom) issue an EC declaration of conformity in relation to any electrical apparatus other than relevant apparatus.

Retention of documentation
    
37.  - (1) A responsible person shall hold an EC declaration of conformity in relation to relevant apparatus at the disposal of the Secretary of State for ten years beginning with the date on which the latest item of relevant apparatus to be supplied in the Community to which the declaration relates was so supplied.

    (2) Where the EC declaration of conformity is made pursuant to Part V or VI of these Regulations, the responsible person shall hold the technical construction file, or EC type-examination certificate, as the case may be, at the disposal of the Secretary of State for ten years beginning with the date on which the latest item of relevant apparatus to be supplied in the Community to which the technical construction file or EC type-examination certificate relates was so supplied.

    (3) Any documentation to be retained by the responsible person pursuant to the requirements of paragraphs (1) and (2) above may be kept by recording the matters in question in any form, provided that adequate precautions shall be taken for guarding against falsification.

    (4) The power conferred on a responsible person in paragraph (3) above includes power to keep the documentation by recording those matters otherwise than in legible form, so long as the recording is capable of being reproduced in a legible form.

    (5) If the responsible person records the documentation in question otherwise than in a legible form, any duty imposed on him by these Regulations to allow inspection of, or to furnish a copy of, the documentation or any part of it is to be treated as a duty to allow inspection of, or to furnish, a reproduction of the document or of the relevant part of it in legible form.



PART IV

THE STANDARDS ROUTE TO COMPLIANCE

Application of Part IV
    
38.  - (1) Subject to paragraph (2) below, this Part shall have effect for the purposes of providing for the manner in which the conformity assessment requirements may be complied with where the manufacturer has chosen the standards route to compliance.

    (2) This Part does not, save for regulation 40, apply to radiocommunication transmission apparatus.

The standards route to compliance
    
39. The conformity assessment requirements are complied with pursuant to the standards route to compliance if the manufacturer has applied an applicable EMC standard which makes, or all applicable EMC standards which make, complete provision in respect of the apparatus.

Applicable EMC standards
    
40.  - (1) This regulation shall have effect for the purpose of making provision in respect of the standards which are to be recognised for the purposes of Article 7 of the EMC Directive.

    (2) Except for regulation 49(4) below, a harmonised standard is a technical specification (European standard or harmonisation document) - 

    (3) A transposed harmonised standard is a national standard of a Member State - 

    (4) A recognised national standard is a standard of a member State - 

    (5) In relation to any description of relevant apparatus, an applicable EMC standard is either a transposed harmonised standard or a recognised national standard within the scope of which that description of relevant apparatus falls.

Publication of reference numbers of standards
     41.  - (1) The Secretary of State shall from time to time publish pursuant to this paragraph, lists of the reference numbers of standards which are to be regarded as the transposed harmonised standards of the United Kingdom for the time being for the purposes of Article 7.1(a) of the EMC Directive.

    (2) The Secretary of State shall from time to time publish pursuant to this paragraph lists of the reference numbers of standards which are to be regarded as the recognised national standards of the United Kingdom for the time being for the purposes of Article 7.1(b) of the EMC Directive.

    (3) The Secretary of State shall from time to time publish lists of the reference numbers of standards which are for the time being transposed harmonised standards and recognised national standards of the member States other than the United Kingdom.

EC declaration of conformity pursuant to the standards route to compliance
    
42.  - (1) This regulation shall have effect for prescribing the form of an EC declaration of conformity issued in the United Kingdom in respect of relevant apparatus in relation to which the conformity assessment requirements have been complied with pursuant to the standards route to compliance.

    (2) An EC declaration of conformity to which this regulation applies shall - 



PART V

THE TECHNICAL CONSTRUCTION FILE ROUTE TO COMPLIANCE

General

Application of Part V
    
43. This Part shall have effect for the purposes of providing for - 

Applicability of the technical construction file route to compliance
    
44.  - (1) Subject to paragraph (2) below, the conformity assessment requirements may be complied with pursuant to the technical construction file route to compliance where - 

    (2) The technical construction file route to compliance shall not apply in respect of radiocommunication transmission apparatus.

Technical construction files
    
45.  - (1) A technical construction file is a file which - 

    (2) A technical construction file may be composed in relation to - 

    (3) Without prejudice to the generality of paragraph (1) above, a technical construction file composed in the United Kingdom shall - 

The technical construction file route to compliance
    
46. The conformity assessment requirements are complied with in relation to relevant apparatus pursuant to the technical construction file route to compliance if the manufacturer or his authorised representative has composed a technical construction file in respect of the apparatus.

Competent bodies
    
47. For the purposes of these Regulations, a competent body is a body responsible for issuing technical reports and technical certificates pursuant to Article 10.2 of the EMC Directive either for all descriptions of relevant apparatus (other than radiocommunication transmission apparatus) or for specific descriptions thereof, and which is for the time being - 

Appointment
    
48.  - (1) Subject to regulation 49 below, the Secretary of State may appoint a person as a United Kingdom competent body in accordance with the following provisions of this regulation.

    (2) An appointment under this regulation shall be in writing and shall, subject to regulations 50(5) and 51(3) below, be subject to such conditions as the Secretary of State may impose for the time being, and such conditions may include conditions which are to apply on or following the termination or expiry of the appointment.

    (3) Subject to regulation 49(2) below, an appointment under this regulation shall have effect in respect of such descriptions of relevant apparatus as the Secretary of State may for the time being authorise, and in this Part, "authorised" shall be construed accordingly.

    (4) In exercising the power conferred by paragraph (1) above, the Secretary of State may (in addition to the matters of which she is required to satisfy herself pursuant to regulation 49(2) below) have regard to any matter appearing to her to be relevant, and, without prejudice to the generality of the foregoing, she may have regard to any standards relating to the accreditation of laboratories or certification bodies appearing to her to be appropriate.

    (5) Subject to regulation 50 below, an appointment under this regulation may be for - 

    (6) The Secretary of State shall from time to time publish lists of United Kingdom competent bodies indicating the descriptions of relevant apparatus in respect of which each body is authorised; and such lists may include information concerning any condition to which the appointment of any competent body is for the time being subject.

Eligibility and verification
    
49.  - (1) Subject to paragraph (2) below, the following persons shall be eligible for appointment as United Kingdom competent bodies - 

    (2) The criteria listed in Schedule 5 hereto (being the criteria for the assessment of the bodies to be notified listed in Annex II of the EMC Directive and the criteria which competent bodies are required by Article 1.5 of that Directive to meet) ("the minimum criteria") must be satisfied in relation to any person if that person is to be appointed or remain a United Kingdom competent body, and accordingly the Secretary of State shall not - 

    (3) The Secretary of State shall from time to time verify that each United Kingdom competent body meets the minimum criteria listed in paragraphs 1 and 2 of Schedule 5 hereto.

    (4) A person who complies with the assessment criteria fixed by a standard which is a relevant harmonised standard within the meaning of Article 10.6 of the EMC Directive shall be presumed to meet the minimum criteria.

    (5) An appointment under regulation 48 above may be subject to the condition that only a defined part of the undertaking of the appointed person may exercise the functions of a competent body, and where an appointment is, or is to be, subject to such a condition - 

    (6) Upon the expiry of an appointment under regulation 48 above, the United Kingdom competent body shall be eligible for re-appointment.

Termination of appointment and transfer of functions
    
50.  - (1) The Secretary of State, by notice in writing (a "notice of termination") - 

    (2) Where the Secretary of State exercises the power conferred by paragraph (1) above - 

    (3) Where the Secretary of State - 

she may give such directions (either to the body the subject of the withdrawal or termination, as the case may be, or to another authorised United Kingdom competent body) for the purposes of making such arrangements for the determination of outstanding applications as she considers appropriate.

    (4) Without prejudice to the generality of the power conferred by paragraph (3) above, such directions may include the manner in which fees already received pursuant to regulation 51 below in respect of outstanding applications by the body the subject of the withdrawal or termination, as the case may be, are to be disposed of, having regard to the work already done on such applications by that body.

    (5) The Secretary of State shall, where she takes an action referred to in paragraph (3)(a) or (b) above in relation to a United Kingdom competent body, give such directions as she considers appropriate to provide for the exercise by another United Kingdom competent body or herself of the powers conferred by regulations 56(3) and 57 below exercisable by the first mentioned United Kingdom competent body, and where such directions have been given, a reference in those provisions to the United Kingdom competent body which issued a technical certificate or technical report shall be construed as a reference to that other United Kingdom competent body or to the Secretary of State, as the case may be.

Power of competent body other than the Secretary of State to charge fees
    
51.  - (1) Without prejudice to the power of the Secretary of State, where she is a United Kingdom competent body, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 [33] and subject to paragraphs (2) and (3) below, a United Kingdom competent body other than the Secretary of State may charge applicants for technical reports or technical certificates such fees in connection with or incidental to the consideration of applications therefor as the body may determine; and such fees may include an amount on account of profit which is reasonable in the circumstances having regard to - 

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

    (3) Without prejudice to the generality of regulation 48(2) above, the conditions to which an appointment under regulation 48(1) may be subject may include a requirement to publish from time to time the scale of fees which the United Kingdom competent body charges pursuant to this regulation, or such information about the basis of calculation thereof as may be specified in the condition.

Applications for technical reports and technical certificates
     52.  - (1) Subject to regulation 53 below, a United Kingdom competent body shall determine applications made thereto for the issue of technical reports and technical certificates in respect of relevant apparatus of authorised descriptions.

    (2) In determining such applications, the United Kingdom competent body - 

    (3) Where in the opinion of the United Kingdom competent body the apparatus to which an application relates conforms with the protection requirements, it shall issue a technical report or technical certificate, as the case may be, which complies with the requirements of regulation 55 below.

    (4) Subject to regulation 58 below, where in the opinion of the United Kingdom competent body the apparatus to which the application relates does not conform with the protection requirements, it shall refuse to issue a technical report or technical certificate, as the case may be, giving written reasons for the refusal.

Limitations on duty to exercise functions
    
53.  - (1) A United Kingdom competent body shall not accept any application for a technical report or technical certificate in respect of any apparatus unless the application - 

    (2) A United Kingdom competent body shall not be required to - 

Contractors etc.
    
54.  - (1) Subject to paragraphs (2) and (3) below, a United Kingdom competent body may, in exercising its functions - 

    (2) Nothing in paragraph (1) above authorises a United Kingdom competent body to rely on the opinion of another person with regard to whether any relevant apparatus conforms with the protection requirements.

    (3) Nothing in these Regulations shall preclude a person referred to in paragraph (1)(a) or (b) above from charging any fee in respect of any work undertaken by him in pursuance of those sub-paragraphs.

Form of technical reports and technical certificates
    
55. A technical report or technical certificate issued by a United Kingdom competent body shall be in writing and shall - 

Conditions of technical reports or technical certificates
    
56.  - (1) Subject to regulation 58 below and paragraphs (2) and (3) of this regulation, a technical report or technical certificate issued by a United Kingdom competent body may be unconditional or subject to such conditions, which must be complied with if the report or certificate as the case may be is to apply, as the body considers appropriate.

    (2) Without prejudice to the generality of paragraph (1) above, such conditions may include - 

    (3) The conditions imposed pursuant to paragraph (1) above may be varied by the United Kingdom competent body which issued the technical report or technical certificate, and a variation under this paragraph may include the imposition of new conditions or the removal of conditions.

Withdrawal of technical reports or technical certificates
    
57.  - (1) Subject to regulation 58 below and paragraph (2) of this regulation, the United Kingdom competent body which issued a technical report or technical certificate shall withdraw that report or certificate as the case may be if it appears that the apparatus to which it relates does not conform with the protection requirements.

    (2) A withdrawal of a technical report or technical certificate shall be by notice in writing stating the reasons for the withdrawal.

Procedure where United Kingdom competent body is minded to make an unfavourable decision
    
58. Before making an unfavourable decision in respect of an applicant, that is to say - 

the United Kingdom competent body shall - 

EC declaration of conformity where conformity assessment requirements are complied with by reference to a technical construction file
    
59.  - (1) This regulation shall have effect for prescribing the form of an EC declaration of conformity issued in the United Kingdom in respect of relevant apparatus in relation to which the conformity assessment requirements have been complied with pursuant to the technical construction file route to compliance.

    (2) An EC declaration of conformity to which this regulation applies shall - 

Interpretation of Part V
    
60.  - (1) In this Part - 



PART VI

THE EC TYPE-EXAMINATION ROUTE TO COMPLIANCE FOR RADIOCOMMUNICATION TRANSMISSION APPARATUS

General

Application of Part VI
    
61.  - (1) This Part shall have effect for the purposes of providing for - 

    (2) For the purposes of these Regulations, "radiocommunication transmission apparatus" is wireless telegraphy apparatus for - 

The EC type-examination route to compliance
    
62. The conformity assessment requirements are complied with in relation to radiocommunication transmission apparatus pursuant to the EC type-examination route to compliance if there is in force an EC type-examination certificate obtained by the responsible person from a notified body in respect of the applicable EM characteristics of the apparatus.

Notified bodies
    
63. For the purposes of these Regulations, a notified body is a body responsible for issuing EC type-examination certificates pursuant to Article 10.5 of the EMC Directive either for all descriptions of radiocommunication transmission apparatus or for specific descriptions thereof, and which is - 

Bodies and scope of authority
    
64. The following shall be United Kingdom notified bodies in relation to the descriptions ("authorised descriptions") of radiocommunication transmission apparatus referred to in relation thereto in Schedule 6 - 

Power of CAA and OFCOM to charge fees
    
65.  - (1) Subject to paragraph (2) below, the CAA and OFCOM may charge applicants for EC type-examination certificates such fees as they may determine provided that such fees shall not exceed the sum of the following -

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

    (3) The CAA and OFCOM shall each publish from time to time the scale of fees charged by it, or such information about the basis of calculation thereof as the Secretary of State may direct.

Applications for EC type-examination certificates
    
66.  - (1) It shall be the function of a United Kingdom notified body to determine applications made to it in writing for the issue of EC type-examination certificates from the manufacturer or his authorised representative in respect of authorised descriptions of radiocommunication transmission apparatus.

    (2) Subject to regulation 67, a United Kingdom notified body shall, following receipt of an application in respect of an authorised description of apparatus - 

    (3) Following examination and testing pursuant to paragraph (2) above, the United Kingdom notified body shall determine whether or not the apparatus to which the application relates conforms with the protection requirements.

    (4) Where in the opinion of the United Kingdom notified body the apparatus to which an application relates conforms with the protection requirements, it shall issue an EC type-examination certificate in respect thereof.

    (5) Subject to regulation 71 below, where in the opinion of the United Kingdom notified body the apparatus to which the application relates does not conform with the protection requirements, it shall refuse to issue the EC type-examination certificate, giving written reasons for the refusal.

    (6) An EC type-examination certificate may relate to - 

Limitations on duty to exercise functions
    
67.  - (1) Nothing in these Regulations shall require a United Kingdom notified body to determine a relevant application - 

    (2) Nothing in these Regulations shall require a United Kingdom notified body to - 

unless the applicant has paid the fees charged pursuant to regulation 65 above.

Contractors etc.
    
68.  - (1) Subject to paragraphs (2) and (3) below, a United Kingdom notified body may, in exercising its functions - 

    (2) Nothing in paragraph (1) above authorises a United Kingdom notified body to rely on the opinion of another person with regard to whether any radiocommunication transmission apparatus conforms with the protection requirements.

    (3) Nothing in these Regulations shall preclude a person referred to in sub-paragraph (1)(a) or (b) above from charging any fee in respect of any work undertaken by him in pursuance of those sub-paragraphs.

Conditions of EC type-examination certificates
    
69.  - (1) Subject to regulation 71 below and paragraphs (2) and (3) of this regulation, an EC type-examination certificate issued by a United Kingdom notified body may be unconditional or subject to such conditions, which must be complied with if the certificate is to apply, as the body considers appropriate.

    (2) Without prejudice to the generality of paragraph (1) above, such conditions may include - 

    (3) The conditions imposed pursuant to paragraph (1) above may be varied by the United Kingdom notified body which issued the EC type-examination certificate, and a variation under this paragraph may include the imposition of new conditions or the withdrawal of conditions.

Withdrawal of EC type-examination certificates
    
70.  - (1) Subject to regulation 71 below and paragraph (2) of this regulation, the United Kingdom notified body which issued an EC type-examination certificate shall withdraw that certificate if it appears that the apparatus to which it relates does not conform with the protection requirements.

    (2) A withdrawal of an EC type-examination certificate shall be by notice in writing stating the reasons for the withdrawal.

Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant
    
71. Before making an unfavourable decision in respect of an applicant, that is to say - 

the United Kingdom notified body shall - 

EC declaration of conformity for radiocommunication transmission apparatus
    
72.  - (1) This regulation shall have effect for prescribing the form of an EC declaration of conformity issued in the United Kingdom in respect of radiocommunication transmission apparatus.

    (2) An EC declaration of conformity to which this regulation applies shall - 

Savings
    
73.  - (1) For the avoidance of doubt, it is hereby declared that nothing in this Part shall be construed as dispensing with any requirement - 

    (2) Nothing in this Part shall affect the validity of an EC-type examination certificate lawfully issued by a notified body pursuant to regulation 60 of the Electromagnetic Compatibility Regulations 1992.

Interpretation of Part VI
     74. In this Part - 



PART VII

ENFORCEMENT

Enforcement authorities and powers

Enforcement authorities
    
75.  - (1) Except in relation to the descriptions of apparatus mentioned in paragraph (3) below, it shall be the duty of the following authorities to enforce these Regulations - 

    (2) Except in relation to the descriptions of apparatus mentioned in paragraph (3) below, the Secretary of State may enforce these Regulations.

    (3) These Regulations may be enforced - 

    (4) Nothing in this regulation shall authorise any enforcement authority to bring proceedings in Scotland for an offence.

Test purchases
     76.  - (1) An enforcement authority shall have power, for the purpose of ascertaining whether any relevant apparatus complies with the requirements of regulation 32 above to make, or to authorise an officer of the authority to make, any purchase of electrical apparatus.

    (2) Where - 

the authority shall allow the person from whom the apparatus was purchased or any person who is a party to the proceedings or has an interest in any apparatus to which the notice relates to have the apparatus tested.

Powers of search etc.
    
77.  - (1) Subject to regulation 78 below, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this regulation.

    (2) The officer may, for the purpose of ascertaining whether there has been a contravention of any of the requirements of Part III of these Regulations - 

    (3) If the officer has reasonable grounds for suspecting that there has been a contravention of any of the requirements of Part III of these Regulations, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain any electrical apparatus.

    (4) The officer may seize and detain - 

    (5) The officer may, for the purpose of the exercise of his powers under paragraphs (3) or (4) above to seize any electrical apparatus, any document or record or any other thing - 

Provisions supplemental to regulation 77
    
78.  - (1) An officer seizing any electrical apparatus, records, documents, information or other thing under regulation 77 above shall inform the person from whom they are seized that such apparatus, records or other thing have been so seized.

    (2) If a justice of the peace - 

    (3) An officer entering any premises by virtue of regulation 77 above or a warrant under paragraph (2) of this regulation may take with him such other persons and such equipment as may appear to him necessary.

    (4) On leaving any premises which a person is authorised to enter by a warrant under paragraph (2) of this regulation, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.

    (5) Where any apparatus seized by an officer under regulation 77 above is submitted to a test, the officer shall inform the persons mentioned in paragraph (1) of this regulation of the result of the test and, if - 

the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the relevant apparatus to which the notice relates to have the relevant apparatus tested.

    (6) In the application of this regulation to Scotland, the reference in paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.

    (7) In the application of this regulation to Northern Ireland, the references in paragraph (2) above to any information on oath shall be construed as references to any complaint on oath.

Appeals against detention of apparatus
    
79.  - (1) Any person having an interest in any apparatus, document, record, information or other thing which is for the time being detained under any provision of this Part by an enforcement authority or by an officer of such an authority may apply for an order requiring the apparatus to be released to him or to another person.

    (2) An application under this regulation may be made - 

    (3) On an application under this regulation to a magistrates' court or to the sheriff, an order requiring apparatus to be released shall be made only if the court or sheriff is satisfied - 

    (4) Any person aggrieved by an order made under this regulation by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision - 

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 [38] or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981[39] (statement of case)).

Compliance notices
     80.  - (1) Subject to paragraph (4) below, in the relevant circumstances, no notice may be served pursuant to regulation 81 or 82 below, and no proceedings may be commenced pursuant to regulation 85, 88, 97 or 98 below, unless the requirements of this regulation are satisfied.

    (2) The relevant circumstances are that it is established that the CE mark or CE marking has been affixed unduly to electrical apparatus.

    (3) The requirements of this regulation are that - 

    (4) Without prejudice to paragraph 3(a) and (b), a notice served pursuant to paragraph (1) above shall include, but not by way of limitation,

    (5) This regulation does not apply where it is found that apparatus bearing the CE mark or CE marking does not comply with the protection requirements.

Prohibition notices
    
81.  - (1) The Secretary of State may serve on - 

a notice ("a prohibition notice") prohibiting that manufacturer, supplier or user from manufacturing, supplying, taking into service or using that apparatus as the case may be, except with the consent of the Secretary of State.

    (2) Schedule 7 hereto shall have effect with respect to prohibition notices.

    (3) A consent given by the Secretary of State for the purposes of a prohibition notice may impose such conditions on the doing of anything for which the consent is required as the Secretary of State considers appropriate.

Suspension notices
    
82.  - (1) Where an enforcement authority has reasonable grounds for suspecting that regulation 30, 31 or 36(4) above has been, is being or is likely to be contravened, the authority may serve a notice ("a suspension notice") - 

without the consent of that authority.

    (2) A suspension notice served by an enforcement authority in respect of any apparatus or excluded installation shall - 

    (3) A consent given by an enforcement authority for the purposes of a suspension notice may impose such conditions on the doing of anything for which the consent is required as that authority considers appropriate.

    (4) A suspension notice may require the person on whom it is served to keep the enforcement authority which served the notice informed of the whereabouts throughout the period during which the notice has effect of any of the apparatus, or the excluded installation, in which that person has an interest.

    (5) Where a suspension notice has been served on any person in respect of any apparatus or excluded installation, no further such notice shall be served on that person in respect of the same apparatus unless - 

are pending at the end of the period specified in the first-mentioned notice.

Appeals against suspension notices
    
83.  - (1) Any person having an interest in any apparatus or excluded installation in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.

    (2) An application under this regulation may be made - 

    (3) On an application under this regulation to a magistrates' court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the apparatus, or any item of relevant apparatus or system included in the excluded installation, of regulation 30, 31 or 36(4) above as the case may be.

    (4) On an application under this regulation to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order - 

have not been brought or, having been brought, have been concluded.

    (5) Any person aggrieved by an order made under this regulation by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision - 

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

Power to require production of documents and information etc.
    
84. An officer of an enforcement authority may, for the purposes of exercising his functions under this Part, require - 

and such officer may inspect any thing which he may require to be produced under this regulation, and take a copy thereof or of any part thereof.

Offences

Supplying or taking into service apparatus in contravention of regulation 30 or 31
    
85. Any person who supplies or takes into service relevant apparatus in contravention of regulation 30 or 31 above shall be guilty of an offence.

Contravention of prohibition notice or suspension notice
    
86. Any person who contravenes a prohibition notice or a suspension notice shall be guilty of an offence.

False or misleading information
    
87. Any person who, in giving any information which he is required to give under regulation 84(c) or (d) above - 

shall be guilty of an offence.

Misuse of the CE marking etc.
    
88.  - (1) Any person who, in relation to any relevant apparatus, or any electrical apparatus other than relevant apparatus, affixes the CE marking or any other inscription or marking in contravention of regulation 35(5), (6) or (7) above, shall be guilty of an offence.

    (2) Any person who issues an EC declaration of conformity in relation to - 

shall be guilty of an offence.

Obstruction etc. of officers of enforcement authorities etc.
    
89.  - (1) Any person who - 

shall be guilty of an offence.

    (2) Any person who falsely pretends to be an officer of an enforcement authority shall be guilty of an offence.

Failure to retain documentation
    
90. Any person who contravenes regulation 37 above shall be guilty of an offence.

Defence of due diligence
    
91.  - (1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 85 or 88 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

    (2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due - 

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland the trial diet), he has served a notice under paragraph (3) below on the person bringing the proceedings.

    (3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

    (4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular - 

Liability of persons other than the principal offender
    
92.  - (1) Where the commission by any person of an offence under any of regulations 85 to 90 above is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

    (2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (3) Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (4) In this regulation, references to a "body corporate" include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

Extension of time for bringing summary proceedings
    
93. Notwithstanding section 127 of the Magistrates' Courts Act 1980 and section 136 of the Criminal Procedure (Scotland) Act 1995[40], proceedings for an offence under regulations 85 to 90 above may be commenced at any time within three years from the date of the offence, or one year from the date on which there comes to the knowledge of the prosecutor evidence sufficient to justify a prosecution for that offence, whichever is the earlier; and for the purposes of this regulation - 

Inference of condition of apparatus at time of supply or taking into service
     94. In any proceedings in which it is in issue whether any relevant apparatus complied with the protection requirements or the requirements of regulation 32 above as the case may be at the time when it was supplied or taken into service as the case may be, a court may infer that such apparatus did not so comply at that time if - 

Penalties
    
95.  - (1) A person guilty of an offence under regulation 86, 87 or 89(2) above shall be liable on summary conviction - 

or to both.

    (2) A person guilty of an offence under regulation 85, 88, 89(1) or 90 above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Power of the court to require matter to be remedied
    
96.  - (1) Where a person is convicted of an offence under regulation 85 or 88 above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.

    (2) The time fixed by an order under paragraph (1) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.

    (3) Where a person is ordered under paragraph (1) above to remedy any matters, that person shall not be guilty of an offence under regulation 85 or 88 above as the case may be in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2) above.

Forfeiture: England and Wales and Northern Ireland
    
97.  - (1) An enforcement authority in England and Wales or Northern Ireland may apply under this regulation for an order for the forfeiture of any - 

    (2) An application under this regulation may be made - 

    (3) On an application under this regulation the court shall make an order for the forfeiture of the apparatus only if it is satisfied that there has been a contravention in relation thereto of regulation 30, 31 or 35(6) above as the case may be.

    (4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this regulation that there has been a contravention in relation to any apparatus of regulation 30, 31 or 35(6) above as the case may be if it is satisfied that that provision has been contravened in relation to apparatus which is representative of that apparatus (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

    (5) Any person aggrieved by an order made under this regulation by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision - 

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

    (6) Subject to paragraph (7) below, where any apparatus is forfeited under this regulation it shall be destroyed in accordance with such directions as the court may give.

    (7) On making an order under this regulation a magistrates' court may, if it considers it appropriate to do so, direct that the apparatus to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person - 

Forfeiture: Scotland
    
98.  - (1) In Scotland an order for forfeiture of any - 

may be made by the sheriff - 

    (2) The procurator-fiscal making an application under paragraph (1)(i) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the apparatus to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the apparatus should not be forfeited.

    (3) Service under paragraph (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.

    (4) Any person upon whom a notice is served under paragraph (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, the apparatus to which an application under this regulation relates shall be entitled to appear at the hearing of the application to show cause why the apparatus should not be forfeited.

    (5) The sheriff shall not make an order following an application under paragraph (1)(i) above - 

    (6) The sheriff shall make an order under this regulation only if he is satisfied that there has been a contravention in relation to the apparatus of regulation 30, 31 or 35(6) above as the case may be.

    (7) For the avoidance of doubt it is hereby declared that the sheriff may infer for the purposes of this regulation that there has been a contravention in relation to any apparatus of regulation 30, 31 or 35(6) above if he is satisfied that that provision has been contravened in relation to apparatus which is representative of that apparatus (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

    (8) Where an order for the forfeiture of any apparatus is made following an application by the procurator-fiscal under paragraph (1)(i) above, any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this paragraph as it applies to a stated case under Part X of that Act.

    (9) An order following an application under paragraph (1)(i) above shall not take effect - 

    (10) An order under paragraph (1)(ii) shall not take effect - 

    (11) Subject to paragraph (12) below, apparatus forfeited under this regulation shall be destroyed in accordance with such directions as the sheriff may give.

    (12) If he thinks fit, the sheriff may direct the apparatus to be (instead of being destroyed) released to such person as he may specify, on condition that that person does not supply it to any person otherwise than - 

Recovery of expenses of enforcement
    
99.  - (1) This regulation applies where a court - 

    (2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the apparatus the subject of the order for forfeiture, to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority - 



PART VIII

MISCELLANEOUS AND SUPPLEMENTAL

Service of documents etc.
    
100.  - (1) Any document required or authorised by these Regulations to be served on a person may be so served - 

    (2) For the purposes of paragraph (1) above, and for the purposes of section 7 of the Interpretation Act 1978[41] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that - 

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Duty of enforcement authority to inform the Secretary of State of action taken
     101. An enforcement authority shall, where action has been taken by it to prohibit or restrict the supply or taking into service (whether under these Regulations or otherwise) of any relevant apparatus, forthwith inform the Secretary of State of the action taken, and the reasons for it, with a view to this information being passed by her to the Commission.

Savings for certain privileges
    
102.  - (1) Nothing in these Regulations shall be taken as requiring any person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.

    (2) Nothing in these Regulations shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person's spouse.

Savings for action taken under other enactments
    
103. Nothing in these Regulations shall be construed as preventing the taking of any action in respect of any relevant apparatus under the provisions of any other enactment.

Consequential amendments

The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
    
104. In regulation 1(3) of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000, the words "the Electromagnetic Compatibility Regulations 1992, except for regulations 2(2) and (3), 5 and 31," shall be deleted.

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
    
105. In Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 [42] for the reference to the Electromagnetic Compatibility Regulations 1992 there shall be substituted the words "The Electromagnetic Compatibility Regulations 2005".


Lord Sainsbury of Turville
Parliamentary Under Secretary of State For Science and Innovation Department of Trade and Industry

2nd February 2005



SCHEDULE 1
Regulation 2(2)


REGULATIONS UNDER SECTION 10 OF THE WIRELESS TELEGRAPHY ACT 1949


     1. The Wireless Telegraphy (Control of Interference from Ignition Apparatus) Regulations 1952[
43];

     2. The Wireless Telegraphy (Control of Interference from Electro Medical Apparatus) Regulations 1966[44];

     3. The Wireless Telegraphy (Control of Interference from Radio Frequency Heating Apparatus) Regulations 1971[45];

     4. The Wireless Telegraphy (Control of Interference from Household Appliances, Portable Tools, etc) Regulations 1978[46];

     5. The Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) Regulations 1978[47]; and

     6. The Wireless Telegraphy (Control of Interference from Citizens' Band Radio Apparatus) Regulations 1982[48].



SCHEDULE 2
Regulation 4(3)


PHENOMENA AND EFFECTS WHICH MAY BE REGARDED AS ELECTROMAGNETIC DISTURBANCE


     1. Conducted low-frequency phenomena

     2. Radiated low-frequency phenomena - 

     3. Conducted high-frequency phenomena - 

     4. Radiated high frequency phenomena - 

     5. Electrostatic discharge phenomena (ESD).



SCHEDULE 3
Regulation 5(4)(b)


DESCRIPTIONS OF APPARATUS THE OPERATION OF WHICH MUST NOT BE HINDERED BY RELEVANT APPARATUS


     1. domestic radio and television receivers;

     2. industrial manufacturing equipment;

     3. mobile radio equipment;

     4. mobile radio and commercial radiotelephone equipment;

     5. medical and scientific apparatus;

     6. information technology equipment;

     7. domestic appliances and household electronic equipment;

     8. aeronautical and marine radio apparatus;

     9. subject to regulation 8, educational electronic equipment;

     10. telecommunications networks and apparatus;

     11. radio and television broadcast transmitters; and

     12. lights and fluorescent lamps.



SCHEDULE 4
Regulation 35


THE CE MARKING


     1. In the CE marking, the initials CE shall take the following form - 





The grid providing the background in the above graduated drawing is not part of the CE marking.

     2. If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

     3. The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 millimmetres.



SCHEDULE 5
Regulation 49


MINIMUM CRITERIA FOR THE ASSESSMENT OF UNITED KINGDOM COMPETENT BODIES


     1. availability of personnel and of the necessary means and equipment;

     2. technical competence and professional integrity of personnel;

     3. independence, in carrying out the tests, preparing the reports, issuing the certificates and performing the verification function provided for in the EMC Directive, of staff and technical personnel in relation to all circles, groups or persons directly or indirectly concerned with the product in question;

     4. maintenance of professional secrecy by personnel; and

     5. possession of civil liability insurance unless such liability is covered by the government of the United Kingdom.



SCHEDULE 6
Regulations 64, 75(3)(a)


DESCRIPTIONS OF APPARATUS FOR WHICH UNITED KINGDOM NOTIFIED BODIES ARE AUTHORISED


     1. The CAA is authorised (as a United Kingdom notified body for radiocommunication transmission apparatus and as an enforcement authority for wireless telegraphy apparatus) in relation to aeronautical apparatus of the following descriptions - 

     2. OFCOM is authorised (as a United Kingdom notified body) in relation to every description of radiocommunication transmission apparatus not provided for in paragraph 1 above.



SCHEDULE 7
Regulation 81(2)


PROHIBITION NOTICES


     1. A prohibition notice in respect of any relevant apparatus shall - 

     2.  - (1) If representations in writing about a prohibition notice are made by the manufacturer, supplier or user to the Secretary of State, it shall be the duty of the Secretary of State to consider whether to revoke the notice and - 

    (2) Where the Secretary of State has appointed a person to consider representations about a prohibition notice, she shall serve a notification on the notified person which - 

    (3) The time specified in a notification served under sub-paragraph (2) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the notified person otherwise agrees.

    (4) A person on whom a notification has been served under sub-paragraph (2) above or his representative may, at the place and time specified in the notification - 

     3.  - (1) Where representations in writing about a prohibition notice are made by the notified person to the Secretary of State at any time after a person has been appointed to consider representations about that notice, then, whether or not the appointed person has made a report to the Secretary of State, the following provisions of this paragraph shall apply instead of paragraph 2 above.

    (2) The Secretary of State shall, before the end of the period of one month beginning with the day on which she receives the representations, serve a notification on the notified person which states - 

    (3) The time specified in a notification served for the purposes of sub-paragraph (2)(b) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the notified person otherwise agrees or the time is the time already specified for the purposes of paragraph 2(2)(b) above.

    (4) A person on whom a notification has been served for the purposes of sub-paragraph (2)(b) above or his representative may, at the place and time specified in the notification - 

     4.  - (1) Where a person is appointed to consider representations about a prohibition notice, it shall be his duty to consider - 

and, after considering any matters under this paragraph, to make a report (including recommendations) to the Secretary of State about the matters considered by her and the notice.

    (2) It shall be the duty of the Secretary of State to consider any report made to her under sub-paragraph (1) above and, after considering the report, to inform the notified person of her decision with respect to the prohibition notice to which the report relates.

     5.  - (1) The Secretary of State may revoke or vary a prohibition notice by serving on the notified person a notification stating that the notice is revoked or, as the case may be, is varied as specified in the notification.

    (2) The Secretary of State shall not vary a prohibition notice so as to make the effect of the notice more restrictive for the notified person.

    (3) The service of a notification under sub-paragraph (l) above shall be sufficient to satisfy the requirement of paragraph 4(2) above that the notified person shall be informed of the Secretary of State's decision.

     6.  - (1) Where in a notification served on any person under this Schedule the Secretary of State has appointed a time for the making of oral representations or the examination of witnesses, she may, by giving that person such notification as the Secretary of State considers appropriate, change that time to a later time or appoint further times at which further representations may be made or the examination of witnesses may be continued; and paragraphs 2(4) and 3(4) above shall have effect accordingly.

    (2) For the purposes of this Schedule the Secretary of State may appoint a person (instead of the appointed person) to consider any representations or statements, if the person originally appointed, or last appointed under this sub-paragraph, to consider those representations or statements has died or appears to the Secretary of State to be otherwise unable to act.

     7. In this Schedule - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and replace The Electromagnetic Compatibility Regulations 1992 (SI 1992/2372) ("the 1992 Regulations") which implement Council Directive 89/336/EEC on the approximation of laws of the member States relating to electromagnetic compatibility as amended by Council Directives 92/31/EEC and 93/68/EEC ("the EMC Directive").

These Regulations impose requirements concerning the electromagnetic compability (EMC) of most types of electrical and electronic apparatus which must be complied with if such apparatus is to be supplied or taken into service. The Regulations do not apply to any item of apparatus supplied or taken into service in the EEC before 28th October 1992 (regulation 10). These Regulations provide for a new enforcement authority, OFCOM, to act in place of the Radiocommunications Agency, consolidate the amendments to SI 1992/3272 and incorporate disapplications of the EMC Directive by product specific Directives pursuant to Article 2.2 of the EMC Directive.

These Regulations replace the regulations made under section 10 of the Wireless Telegraphy Act 1949 ("the 1949 Act") listed in Schedule 1 to the extent that these Regulations impose electromagnetic compatibility requirements (excluding radio frequency planning requirements) which must be complied with if apparatus to which these regulations apply is to be supplied or taken into service and used for the purpose for which it was intended.

The meaning of electromagnetic disturbance is set out in regulation 4 and Schedule 2. Protection requirements for both immunity and emissions are set out in regulation 5.

Part II provides for the application of the Regulations, and apparatus to which they apply is referred to as relevant apparatus (regulation 6). They apply to all electrical and electronic appliances, and equipment and installations containing electrical or electronic components or both (regulation 7), other than apparatus excepted by regulations 10 to 29. These Regulations apply with certain modifications to educational electronic equipment (regulation 8) and test apparatus (regulation 9). The specific nature and intended function of an item of electrical apparatus will determine whether that apparatus comes within the scope or is outside the scope, of these Regulations.

Regulations 20 to 29 provide the complete or partial exclusions for certain types of apparatus specifically covered by other Directives.

Part III sets out the general requirements of the Regulations. Regulation 30 provides that relevant apparatus may not be supplied unless the requirements of regulation 32 are complied with, which are -

Regulation 31 provides that relevant apparatus may not be taken into service unless it conforms with the protection requirements. (The protection requirements are found in regulation 5).

Regulation 37 requires that the responsible person must retain the EC declaration of conformity and, where applicable, the technical construction file or EC type-examination certificate, for ten years following the date on which the latest item of apparatus to which those documents apply is supplied. The responsible person may be required to produce such documentation (regulation 37 and 84).

The conformity assessment requirements are satisfied by one of three routes:

Standards will prescribe the technical specifications that relevant apparatus is required to meet in respect of its EMC characteristics (regulation 39).

The standards and technical construction file routes to compliance are applicable (regulations 38 and 43) for all descriptions of relevant apparatus (including radio receivers) except radiocommunication transmission apparatus ( that is, transmitters and transceivers), for which the EC type examination route is the only route (regulation 61).

The Regulations make provision for the charging of fees (which may include a reasonable profit) by the United Kingdom competent bodies (other than government departments) (regulation 51) and the Civil Aviation Authority and OFCOM in their capacities as United Kingdom notified bodies (regulation 65). Where a United Kingdom competent body is a government department, provision is made for its fees in separate regulations made under section 56 of the Finance Act 1973 (c.51).

Regulation 73 provides a saving for the requirements of regulations, orders, licences and continuation notices under the 1949 Act, the Telecommunications 1984 Act (c.12), the Broadcasting Act 1990 (c.42), the Broadcasting Act 1996 (c.55), the Wireless Telegraphy Act 1967 (c.72) and the Communications Act 2003 (c.21). It also provides that EC type-examination certificates issued by notified bodies pursuant to regulation 60 of the 1992 Regulations continue to be valid. This is in reference to certificates issued by the Defence Research Agency of the Ministry of Defence, the British Approvals Board for Telecommunications and the Radiocommunications Agency in relation to equipment which, as at 8th April 2000, came within the scope of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730) ("the RTTE Regulations."). These bodies ceased to operate as notified bodies under the 1992 Regulations.

Part VII makes provision for the enforcement of the Regulations. Regulation 75 provides for enforcement authorities. Generally the weights and measures authorities (the Department for Enterprise, Trade and Investment[
b] in Northern Ireland) have the duty to enforce the Regulations. Under the 1992 Regulations certain functions relating to enforcement were carried out by the Secretary of State at the Radiocommunications Agency. Those functions are now to be carried out by OFCOM (regulation 75(1)(a)(i)). The Secretary of State may also enforce them (regulation 75(2), save in respect of certain specialised descriptions of apparatus. The Civil Aviation Authority is the enforcement authority for aeronautical apparatus, and the Northern Ireland Authority for Energy Regulation, in Northern Ireland, is authorised in respect of electricity meters other than those which operate by radiocommunications (regulation 75).

Regulations 76 to 84 make provision in respect of the powers of enforcement authorities, these include powers to make test purchases, to search, to seize and detain apparatus. Regulation 79 makes provision for appeals against detention of apparatus. Schedule 7 makes provision in respect of appeals against prohibition notices served under regulation 81 and regulation 83 makes provision in respect of appeals against suspension notices.

Enforcement authorities, in exercising their functions under these Regulations, may exercise those functions in relation to electrical apparatus which is in the possession of a user for the purpose of ascertaining whether any relevant apparatus does not conform to the requirements of these Regulations.

Regulations 85 to 90 provide that certain actions are to be offences -

The court may order relevant apparatus which does not comply with these Regulations, and other electrical apparatus in certain circumstances, to be forfeited (regulations 97 and 98). Forfeiture may be ordered on the application of an enforcement authority, or on conviction of an offence under the Regulations.

Part VIII makes provision in respect of certain miscellaneous and supplemental matters including consequential amendments to the RTTE Regulations to reflect the scope of application in accordance with Regulation 29. The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 is also amended to replace the reference to the 1992 Regulations with the reference to these Regulations in Schedule 1 of that Order.

A full regulatory impact assessment has not been produced for this instrument as it has no new impact on the costs of business. As this instrument consolidates previous Regulations, no transposition note has been prepared.


Notes:

[1] S.I. 1989/2393.back

[2] 1972 c.68.back

[3] S.I. 1992/2372.back

[4] S.I. 1994/3080.back

[5] S.I. 1995/3180.back

[6] 1949 c.54.back

[7] 1984 c.12.back

[8] OJ No. L139, 23.5.89, p.19.back

[9] OJ No. L126, 12.5.92, p11.back

[10] OJ No. L220, 30.8.93, p.1.back

[11] 2002 c.11back

[12] The International Telecommunication Constitution was adopted by the International Telecommunications Union at Nairobi on 6th November 1982 and was ratified by the United Kingdom on 15th November 1984.back

[13] The application of the EMC Directive was extended in 1994 to the European Economic Area by Decision 94/1/ECSC, EC (OJ No. L1, 3.1.94, p.291).back

[14] OJ No. L189, 20.7.90, p.17.back

[15] OJ No. L331, 7.12.98, p.1.back

[16] S.I. 1963/1895.back

[17] OJ No. L169, 12.7.93, p.1.back

[18] OJ No. L152, 6.7.72, p.15.back

[19] OJ No. L266, 8.11.95, p.1.back

[20] OJ No L42, 23.2.70, p.1back

[21] OJ No. L225, 10.8.92, p.1. Council Directive 92/53/EEC replaced Article 2 of Council Directive 70/156/EEC. Council Directive 72/245/EEC (as amended by Commission Directive 95/54/EC) is a separate Directive for the purposes of the definitions of component and separate technical unit.back

[22] OJ No. L147, 9.6.75, p.28.back

[23] OJ No. L21, 26.1.2000, p.23.back

[24] OJ No. L226, 18.8.97, p.1..back

[25] OJ No. 124, 9.5.2002, p.1. This Directive replaced Directive 92/61/EC (OJ No. L225, 10.8.92, p.72).back

[26] OJ No. L46, 17.2.97, p.25.back

[27] OJ No. L336, 4.12.76, p.30.back

[28] OJ No. L189, 20.7.90, p.1 amended by Directive 93/68/EEC of 22.11.93 (OJ No. L220, 30.8.93, p.1).back

[29] S.I. 2000/730.back

[30] OJ No. L109, 26.4.83, p.8.back

[31] Directive 98/34/EC (OJ No L204, 21.7.1998, p.37) replaced Directive 83/189/EEC.back

[32] OJ No. L217, 5.8.98, p.18.back

[33] 1973 c.51.back

[34] 1990 c.42.back

[35] 1996 c.55.back

[36] 1967 c.72.back

[37] 2003 c.21.back

[38] 1980 c.43.back

[39] S.I. 1981/1675 (N.I.26).back

[40] 1995 c.46.back

[41] 1978 c.30.back

[42] S.I. 2004/693.back

[43] S.I. 1952/2023.back

[44] S.I. 1963/1895.back

[45] S.I. 1971/1675.back

[46] S.I. 1978/1267.back

[47] S.I. 1978/1268.back

[48] S.I. 1982/635.back


[a] Amended by Correction Slip. Page 33, regulation 75(1)(b)(ii); "the Department of Enterprise, Trade and Development" should read "the Department of Enterprise, Trade and Investment"; back

[b] Amended by Correction Slip. Page 53, in the Explanatory Note, last line of paragraph beginning "Part VII makes provision…"; "the Department of Enterprise, Trade and Development" should read "the Department of Enterprise, Trade and Investment". back




ISBN 0 11 072247 7


 © Crown copyright 2005

Prepared 22 February 2005


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