Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020

Prescribing competent authority for purposes of Regulations of 2013

133. (1) The Minister may, where he or she considers it appropriate for the purposes of giving further effect to the Construction Products Regulation or the Market Surveillance Regulation, prescribe—

(a) a person to be a competent authority for the purposes of carrying out the functions of a market surveillance authority under the Regulations of 2013, in respect of construction products to which the Construction Products Regulation applies, or such of those construction products as the Minister may prescribe under paragraph (b), placed on the market or, as the case may be, made available on the market in the State, and

(b) one or more than one of the construction products referred to in paragraph (a) to be construction products in respect of which a competent authority prescribed under paragraph (a) shall carry out the functions referred to in that paragraph of a market surveillance authority.

(2) The Minister shall, before prescribing one or more than one competent authority under subsection (1)(a), be satisfied—

(a) that the person has or has available to it, or where the person is an individual has, appropriate experience, expertise and knowledge of the rules, including the Construction Products Regulation and the Market Surveillance Regulation, for the marketing of, performance of, and harmonised technical specifications relating to, construction products to which the Construction Products Regulation applies or such of those construction products as the Minister may prescribe under subsection (1)(b), in respect of which the person is to be prescribed as a competent authority, and

(b) that the person would carry out the functions of a market surveillance authority independently and impartially.

(3) Where a competent authority prescribed by the Minister is a local authority, then notwithstanding section 11 (6) of the Local Government Act 2001 , the competent authority shall have jurisdiction throughout the administrative areas of all local authorities for the purposes of carrying out its functions with respect to market surveillance under the Regulations of 2013.

(4) Where a competent authority prescribed by the Minister is a local authority, the competent authority may make and carry out an agreement with one or more building control authorities for sharing the cost of the performance by the competent authority of all or any of the functions of those building control authorities with respect to market surveillance that are otherwise performable by those authorities under the Regulations of 2013 and, where an agreement has been made under this subsection, that competent authority and the building control authority or authorities concerned may terminate such agreement at any time, if they so agree.