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

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Amendment of Regulations of 2013

134. The Regulations of 2013 are amended—

(a) in Regulation 3(1) —

(i) by the insertion of the following definitions:

“ ‘Act of 2020’ means the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020;

‘competent authority’ means a competent authority prescribed by the Minister by regulations under section 133 of the Act of 2020;”,

and

(ii) by the substitution of the following definitions for the definitions of “market surveillance” and “market surveillance authority”:

“ ‘market surveillance’ means the activities carried out and measures taken by a market surveillance authority to ensure that construction products comply with the requirements set out in the Construction Products Regulation and do not endanger health, safety or any other aspect of public interest protection;

‘market surveillance authority’ means—

(a) each of following, which are responsible for carrying out market surveillance in the State:

(i) a building control authority under Regulation 10(1)(a);

(ii) a competent authority under Regulation 10(1)(b);

(iii) the Minister under Regulation 10(1)(d),

and

(b) an authority of a Member State responsible for carrying out market surveillance on its territory;”,

(b) in Regulation 10—

(i) in paragraph (1) —

(I) by the substitution of the following subparagraph for subparagraph (b):

“(b) a competent authority, and”,

and

(II) by the deletion of subparagraph (c),

(ii) in paragraph (2) —

(I) by the substitution of the following subparagraph for subparagraph (b):

“(b) which is a competent authority, shall be responsible for the market surveillance of construction products, or such construction products as the Minister may prescribe under section 133 of the Act of 2020, placed on the market, or as the case may be, made available on the market, in the State and shall take such steps as are necessary for this purpose.”,

and

(II) by the deletion of subparagraph (c),

(c) in Regulation 11(1) —

(i) by the substitution of the following subparagraph for subparagraph (b):

“(b) a competent authority shall, other than where the competent authority is an individual, appoint officers to be authorised officers, and where the competent authority is an individual that person shall be an authorised officer, for the purposes of these Regulations.”,

and

(ii) by the deletion of subparagraph (c),

(d) by the substitution of the following Regulation for Regulation 19:

“19. An offence under these Regulations may be prosecuted by a market surveillance authority specified in paragraph (1)(a), (1)(b) or (1)(d) of Regulation 10.”,

and

(e) in Regulation 20(6), by the substitution of “specified in paragraph (1)(a), (1)(b) or (1)(d) of Regulation 10” for “specified under and in accordance with Regulation 10 of these Regulations”.