Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019

Equivalent certification relating to companies

12. (1) (a) A company which, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 8 of Commission Regulation (EC) No 304/2008 of 2 April 20086 in respect of an activity referred to in Article 2(2) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

(b) A company which, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 6 of Commission Implementing Regulation (EU) 2015/2067 of 17 November 20157 in respect of an activity referred to in Article 2(2) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

(2) A company which holds an equivalent certificate may carry out the activity to which the equivalent certificate relates until the date that is 6 months from the relevant date or the date on which a certificate is issued by the Minister under subsection (3), whichever is earlier.

(3) A company which holds an equivalent certificate shall apply to the Minister not later than 4 months after the relevant date for the issue by the Minister of a certificate in respect of the activity to which the equivalent certificate relates and such certificate shall, subject to subsection (4), be issued by the Minister not later than 6 months after the relevant date.

(4) The Minister shall issue a certificate where an application is made in accordance with the procedures established by the Minister in that behalf.

(5) A certificate issued by the Minister under this section shall be valid until the end of the calendar year in which it is issued.

6 O.J. No. L. 92, 3.4.2008, p. 12

7 O.J. No. L. 301, 18.11.2015, p. 28