Draft Regulations laid before Parliament under paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 for approval by resolution of each House of Parliament.

2019 No.

Exiting The European Union
Transport

The Cableway Installations (Amendment) (EU Exit) Regulations 2019

Made

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.

In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of these Regulations has been laid before Parliament and approved by resolution of each House of Parliament.

In accordance with paragraph 3 of Schedule 4 to the European Union (Withdrawal) Act 2018 these Regulations are made with the consent of the Treasury.

PART 1Introduction

Citation and commencement1

These Regulations may be cited as the Cableway Installations (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2Amendment of subordinate legislation

Amendments to the Cableway Installations Regulations 20182

The Cableway Installations Regulations 20182 are amended in accordance with regulations 3 to 11.

Amendment to regulation 33

In regulation 3—

a

after the definition of “Regulation 2016/424/EU” insert—

  • “approved body” means a conformity assessment body—

    1. a

      which has been approved by the Secretary of State under Article 22 of Regulation 2016/424/EU; or

    2. b

      which was a notified body under these Regulations immediately before exit day;

b

after the definition of “conformity assessment body” insert—

  • “declaration of conformity” means the declaration of conformity referred to in Article 19 of Regulation 2016/424/EU;

c

omit the definition of “EU declaration of conformity”;

d

omit the definition of “notified body”;

e

in the definition of “technical file” for “EU declaration” substitute “declaration”.

Amendment to Part 3 heading4

In the heading to Part 3, for “Notified” substitute “Approved”.

Omission of regulation 95

Omit regulation 9.

Amendment to regulation 106

In regulation 10—

a

in the heading, for “Notification” substitute “Approval”;

b

omit paragraph (1);

c

in paragraph (2), for “notification” substitute “approval”;

d

in paragraph (3), for “notified under Article 22 of Regulation 2016/424/EU” substitute “approved”;

e

in paragraph (5)—

i

for “notify” substitute “approve”,

ii

for “notification to the European Commission and the other member States” substitute “approval”, and

iii

for “a notified body” substitute “an approved body”;

f

in paragraph (6), for “a notified body”, in both places, substitute “an approved body”;

g

in paragraph (7)—

i

for “a notified body” substitute “an approved body”, and

ii

for “the notified body”, in each place, substitute “the approved body”;

h

in paragraph (8)—

i

for “a notified body”, in each place, substitute “an approved body”, and

ii

for “another notified body” substitute “another approved body”.

Amendment to regulation 117

In regulation 11(b), for “notified bodies, in accordance with Article 23(1)” substitute “approved bodies in relation to their compliance with the requirements of Chapter 4”.

Amendment to regulation 128

In regulation 12—

a

in paragraph (1), for “a notified body” substitute “an approved body”;

b

in paragraph (2), for “the notified body”, in both places, substitute “the approved body”.

Omission of regulations 17 to 199

Omit regulations 17 to 19.

Amendment to regulation 2010

In regulation 20, omit “Regulation 2016/424/EU and”.

Amendment to regulation 2311

In regulation 23, in paragraph (1) omit sub-paragraph (b) and the “or” which precedes it.

PART 3Amendment of retained direct EU legislation

Amendments to Regulation (EU) 2016/42412

Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC is amended in accordance with regulations 13 to 59.

Amendment to Article 213

In Article 2(2)—

a

in point (a) for “Directive 2014/33/EU” substitute “the Lifts Regulations 2016”3;

b

in point (b) for “by Member States” substitute “by the Cableway Installations Regulations 2018”.

Amendment to Article 314

In Article 3—

a

in paragraph (10), omit “Union”;

b

in paragraph (11), omit “Union”;

c

in paragraph (14), omit “established within the Union”;

d

in paragraph (15)—

i

for “established within the Union” substitute “established within the United Kingdom”, and

ii

for “Union market” substitute “market”;

e

omit paragraph (19);

f

omit paragraph (21);

g

omit paragraph (26);

h

omit paragraph (27);

i

at the end insert—

28

‘the EU Regulation’ means Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC4 as that Regulation has effect in EU law as amended from time to time;

29

‘the Executive’ means—

a

in Great Britain, the Health and Safety Executive5,

b

in Northern Ireland, the Health and Safety Executive for Northern Ireland6;

30

‘designated standard’ has the meaning given by article 3A;

31

‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/937;

32

‘UK marking’ means marking in the form published in accordance with Article 30(1) of RAMS.

Designated standards15

After Article 3 insert—

Article 3ADesignated Standards

1

For the purposes of this Regulation, a designated standard is a technical standard—

a

which is adopted by the British Standards Institution for repeated or continuous application; and

b

which has been designated by the Secretary of State by publishing its reference number in a manner the Secretary of State considers appropriate.

2

In this Article, a “technical standard” means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component and which lays down one or more of the following—

a

the characteristics required including—

i

levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

ii

requirements applicable as regards the name under which a product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;

b

production methods and processes where these have an effect on the characteristics of a product.

3

When considering whether the manner of publication of the reference number of a technical standard under paragraph 1(b) is appropriate, the Secretary of State must have regard to whether that manner will draw sufficient attention to the standard to all persons who may have an interest in it.

4

The Secretary of State may remove the reference number of a technical standard from publication and where such a reference number is removed, the technical standard is no longer a designated standard.

5

Harmonised standards, within the meaning of Article 3(19) of the EU Regulation, have effect as designated standards until the Secretary of State designates standards under this Regulation.

Substitution of Article 516

For Article 5 substitute—

Article 5Presumption of conformity of cableway installations

Cableway installations which are in conformity with designated standards, or parts thereof, are presumed to be in conformity with the essential requirements set out in Annex 2 covered by those standards or parts thereof.

Omission of Article 717

Omit Article 7.

Amendment to Article 818

In Article 8(1), omit “, determined by a Member State in accordance with national law,”.

Amendment to Article 919

In Article 9—

a

omit paragraph 1;

b

in paragraph 2—

i

omit “, determined by a Member State in accordance with national law,”, and

ii

for “EU declaration” substitute “declaration”;

c

in paragraph 3, for “Member State concerned” substitute “Secretary of State”;

d

omit paragraphs 4 and 5.

Omission of Article 1020

Omit Article 10.

Amendment to Article 1121

In Article 11—

a

for “the EU declaration of conformity”, in each place it occurs, substitute “the declaration of conformity”;

b

in paragraph 2—

i

for “an EU declaration of conformity” substitute “a declaration of conformity”, and

ii

for “CE marking” substitute “UK marking”;

c

in paragraph 6, for “a language easily understood by users and the market surveillance authorities” substitute “English”;

d

in paragraph 7, for the words from “a language” to “Member State concerned” substitute “English”;

e

in paragraph 8, for the words from “competent national authorities” to “available on the market” substitute “Executive”;

f

in paragraph 9—

i

for “a competent national authority” substitute “the Executive”, and

ii

for “a language which can be easily understood by that authority” substitute “English”.

Amendment to Article 1222

In Article 12(2)—

a

in point (a)—

i

for “EU declaration” substitute “declaration”, and

ii

for “national market surveillance authorities” substitute “the Executive”;

b

in point (b), for “a competent national authority” substitute “the Secretary of State”;

c

in point (c), for “competent national authorities, at their” substitute “Secretary of State, at the Secretary of State’s”.

Amendment to Article 1323

In Article 13—

a

in paragraph 2—

i

for “CE marking” substitute “UK marking”,

ii

for “EU declaration” substitute “declaration”, and

iii

for “market surveillance authorities” substitute “Executive”;

b

in paragraph 3, for “a language easily understood by users and market surveillance authorities” substitute “English”;

c

in paragraph 4, for the words from “in a language” to the end substitute “in English”;

d

in paragraph 7, for the words from “competent national authorities” to “available on the market” substitute “Secretary of State”;

e

in paragraph 8—

i

for “EU declaration” substitute “declaration”,

ii

for “market surveillance authorities” substitute “Executive”, and

iii

for “those authorities” substitute “the Executive”;

f

in paragraph 9—

i

for “a competent national authority, provide it” substitute “the Secretary of State, provide the Secretary of State”, and

ii

for “a language which can be easily understood by that authority” substitute “English”.

Amendment to Article 1424

In Article 14—

a

in paragraph 2—

i

for “CE marking” substitute “UK marking”,

ii

for “EU declaration” substitute “declaration”,

iii

for “in a language which can be easily understood by users as determined by the Member State concerned,”, substitute “in English”, and

iv

for “market surveillance authorities” substitute “Executive”;

b

in paragraph 4, for the words from “competent national authorities” to “on the market” substitute “Secretary of State”;

c

in paragraph 5—

i

for “a competent national authority, provide it” substitute “the Secretary of State, provide the Secretary of State”, and

ii

for “that authority, at its”, substitute “the Secretary of State, at the Secretary of State’s”.

Amendment to Article 1625

In Article 16, for “market surveillance authorities” substitute “Executive”.

Amendment to Article 1726

In Article 17, for the words from “harmonised standards” to “European Union” substitute “designated standards”.

Amendment to Article 1827

In Article 18—

a

in paragraph 2, in point (a), for “EU-type” substitute “Type”;

b

in paragraph 3, for the words from “an official language” to the end, substitute “English”.

Amendment to Article 1928

In Article 19—

a

in the heading, for “EU declaration” substitute “Declaration”;

b

in each other place it occurs, for “EU declaration” substitute “declaration”;

c

in paragraph 2, for the words from “and shall be translated” to the end, substitute “and be in English”;

d

for paragraph 3 substitute—

3

Where a subsystem or a safety component is subject to more than one enactment requiring a declaration of conformity, a single declaration of conformity must be drawn up in respect of all such enactments. That declaration must contain the identification of the enactments concerned.

Substitution of Article 2029

For Article 20 substitute—

Article 20Requirements of the UK marking

The UK marking is subject to the requirements set out in Article 30 of, and Annex 2 to, Regulation (EC) No 765/20088.

Amendment to Article 2130

In Article 21—

a

for “CE marking” in the heading, and in each place it occurs, substitute “UK marking”;

b

omit paragraph 5.

Substitution of Article 2231

For Article 22 substitute—

Article 22Approval

1

The Secretary of State may approve bodies to carry out third-party conformity assessment tasks under this Regulation.

2

The Secretary of State must—

a

assign an approved body identification number to each approved body;

b

compile and maintain a register of approved bodies containing in relation to each body—

i

the approved body identification number,

ii

details of the activities for which the body is approved, and

iii

any restrictions on the activities for which the body is approved.

3

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

Omission of Articles 23 to 2532

Omit Articles 23 to 25.

Amendment to Article 2633

In Article 26—

a

in the heading, for “notified” substitute “approved”;

b

in paragraph 1—

i

for “notification” substitute “approval”, and

ii

for “paragraphs 2 to 11” substitute “paragraphs 3 to 10”;

c

omit paragraph 2;

d

in paragraph 7, in point (c), for the words from “harmonised standards” to the end, substitute “designated standards and of the relevant provisions of this Regulation and of the Cableway Installations Regulations 2018”;

e

in paragraph 9, omit the words from “unless liability” to the end;

f

in paragraph 10—

i

omit “or any provision of national law giving effect to it”, and

ii

for “competent authorities of the Member State in which its activities are carried out” substitute “Secretary of State or the Executive”;

g

omit paragraph 11.

Amendment to Article 2734

In Article 27—

a

the existing text becomes paragraph 1;

b

after the newly numbered paragraph 1 insert—

2

In paragraph 1, expressions used are to be given the same meaning as in the EU Regulation.

Amendment to Article 2835

In Article 28—

a

in the heading, for “notified” substitute “approved”;

b

in paragraph 1—

i

for “a notified” substitute “an approved”, and

ii

for “notifying authority” substitute “Secretary of State”;

c

in paragraph 2, for “Notified” substitute “Approved”;

d

in paragraph 4—

i

for “Notified” substitute “Approved”, and

ii

for “notifying authority” substitute “Secretary of State”.

Amendment to Article 2936

In Article 29—

a

in the heading and in paragraph 1, for “notification” substitute “approval”;

b

in paragraph 1, for the words from “notifying authority” to the end, substitute “Secretary of State”;

c

in paragraph 2, for “a national accreditation body”, substitute “the United Kingdom Accreditation Service”9.

Omission of Articles 30 and 3137

Omit Articles 30 and 31.

Amendment to Article 3238

In Article 32—

a

in the heading, for “notifications” substitute “approvals”;

b

in paragraph 1—

i

for “a notifying authority” substitute “the Secretary of State”,

ii

for “a notified”, substitute “an approved”,

iii

for “the notifying authority” substitute “the Secretary of State”,

iv

for “notification” substitute “approval”, and

v

omit the second sentence;

c

in paragraph 2—

i

for “the notified” substitute “the approved”,

ii

for “notifying Member State” substitute “Secretary of State”,

iii

for “another notified” substitute “another approved”, and

iv

for “responsible notifying and market surveillance authorities” substitute “Secretary of State and the Executive”.

Omission of Article 3339

Omit Article 33.

Amendment to Article 3440

In Article 34—

a

in the heading, for “notified bodies” substitute “approved bodies”;

b

in paragraph 1, for “Notified bodies” substitute “Approved bodies”;

c

in paragraph 3—

i

for “a notified body” substitute “an approved body”, and

ii

for “corresponding harmonised standards” substitute “corresponding designated standards”;

d

in paragraph 4, for “a notified body” substitute “an approved body”;

e

in paragraph 5, for “the notified body” substitute “the approved body”.

Amendment to Article 3541

In Article 35—

a

in the heading, for “notified” substitute “approved”;

b

for “Notified” substitute “Approved”.

Amendment to Article 3642

In Article 36—

a

in the heading, for “notified bodies” substitute “approved bodies”;

b

in paragraph 1—

i

in the opening words—

aa

for “Notified bodies” substitute “Approved bodies”, and

bb

for “notifying authority” substitute “Secretary of State”,

ii

in point (b), for “notification” substitute “approval”,

iii

in point (c), for “market surveillance authorities” substitute “the Executive”, and

iv

in point (d), for “notification” substitute “approval”;

c

in paragraph 2—

i

for “Notified bodies” substitute “Approved bodies”, and

ii

for “notified under” substitute “approved under”.

Omission of Articles 37 and 3843

Omit Articles 37 and 38.

Amendment to Article 3944

1

In the Chapter heading before Article 39, and in the heading to that Article, omit “Union” in each place it occurs.

2

In Article 39, for “Articles 16 to 29” substitute “Articles 16 to 21”.

Amendment to Article 4045

1

In the heading to Article 40, omit “at national level”.

2

In Article 40—

a

in paragraph 1—

i

in the first subparagraph—

aa

in the first sentence, for “market surveillance authorities of one Member State have” substitute “Executive has”, and

bb

in the second sentence, for “market surveillance authorities” substitute “Executive”,

ii

in the second subparagraph—

aa

for “market surveillance authorities find” substitute “Executive finds”,

bb

for “they shall” substitute “it shall”, and

cc

for “they may” substitute “it may”, and

iii

in the third subparagraph—

aa

for “market surveillance authorities” substitute “Executive”, and

bb

for “notified body” substitute “approved body”;

b

omit paragraph 2;

c

in paragraph 3, omit “throughout the Union”;

d

omit paragraphs 4 to 8.

Omission of Article 4146

Omit Article 41.

Amendment to Article 4247

In Article 42—

a

in paragraph 1—

i

for “a Member State” substitute “the Executive”, and

ii

for “it shall require” substitute “the Executive must require”;

b

in paragraph 2, omit “throughout the Union”;

c

omit paragraphs 3 to 5.

Amendment to Article 4348

In Article 43—

a

in paragraph 1—

i

in the opening words, for “a Member State” substitute “the Executive”,

ii

in points (a) and (b), for “CE marking” in both places, substitute “UK marking”,

iii

in point (c), for “notified” substitute “approved”, and

iv

in points (d), (e) and (f), for “EU declaration” substitute “declaration”;

b

omit paragraph 2.

Omission of Articles 44 to 4649

Omit Articles 44 to 46.

Post-withdrawal continuity provision50

Before Article 47 insert—

Article 46APost-withdrawal continuity provision

1

Paragraph 2 applies where, at any time before any technical standard has been adopted and designated as a designated standard in accordance with Article 3A—

a

a subsystem or safety component has been assessed by a notified body in accordance with any of the EU conformity assessment procedures;

b

an EU declaration of conformity has been drawn up in accordance with the EU Regulation in respect of that subsystem or safety component; and

c

a CE marking has been affixed to that subsystem or safety component in accordance with the EU Regulation.

2

Where this paragraph applies—

a

a subsystem or safety component is to be treated as having been assessed in accordance with the equivalent conformity assessment procedure in Chapter 3 of this Regulation; and

b

the EU declaration of conformity and the CE marking are to be treated for the purposes of this Regulation and any other enactment relating to cableway installations as if they were respectively a declaration of conformity under this Regulation and a UK marking.

3

In this Article—

a

“CE marking” has the same meaning as in Article 3(27) of the EU Regulation;

b

“EU conformity assessment procedures” means the procedures provided for under Article 18(2) of the EU Regulation;

c

“EU declaration of conformity” has the same meaning as in the EU Regulation;

d

“notified body” means a body notified to the Commission under Article 22 of the EU Regulation.

Omission of applicability provision51

After Article 48, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

Amendment to Annex 252

In Annex 2, in point 7.1.1, for the words from “a language” to the end, substitute “English”.

Amendment to Annex 353

In Annex 3—

a

in the heading, for “EU-type”, substitute “type”;

b

in point 1—

i

for “EU-type” substitute “Type”, and

ii

for “a notified body” substitute “an approved body”;

c

in point 2, for “EU-Type” substitute “Type”;

d

in point 3—

i

in the first paragraph—

aa

for “EU-type” substitute “type”, and

bb

for “single notified body” substitute “single approved body”, and

ii

in the second paragraph—

aa

in subparagraph (b), for “other notified body” substitute “other approved body”, and

bb

in subparagraph (d), for “The notified body” substitute “The approved body”;

e

in point 4—

i

in the first paragraph, for “The notified body” substitute “The approved body”, and

ii

in points 4.2, 4.3 and 4.4, for “relevant harmonised standards” in each place, substitute “relevant designated standards”;

f

in point 5—

i

for “The notified body” substitute “The approved body”,

ii

for “the notifying authorities” substitute “the Secretary of State”, and

iii

for “the notified body” substitute “the approved body”;

g

in point 6—

i

in the first paragraph—

aa

for “the notified body” substitute “the approved body”, and

bb

for “an EU-type examination” substitute “a type examination”,

ii

in the second paragraph, for “The EU-type examination” substitute “The type examination”, and

iii

in the fourth paragraph—

aa

for “the notified body” substitute “the approved body”, and

bb

for “an EU-type examination” substitute “a type examination”;

h

in point 7—

i

in the first paragraph—

aa

for “The notified body” substitute “The approved body”, and

bb

for “the notified body” substitute “the approved body”,

ii

in the second paragraph—

aa

for “the notified body” substitute “the approved body”, and

bb

for “the EU-type” substitute “the type”, and

iii

in the third paragraph—

aa

for “The notified body” substitute “The approved body”,

bb

for “the EU-type examination” substitute “the type examination”,

cc

for “the notified body” substitute “the approved body”,

dd

for “the original EU-type” substitute “the original type”, and

ee

for “an EU-type” substitute “a type”;

i

in point 8—

i

in the first paragraph—

aa

for “Each notified body” substitute “Each approved body”,

bb

for “its notifying authority”, in both places, substitute “the Secretary of State”, and

cc

for “the EU-type” substitute “the type”,

ii

in the second paragraph—

aa

for “Each notified body” substitute “Each approved body”,

bb

for “the other notified bodies” substitute “the other approved bodies”, and

cc

for “the EU-type examination” substitute “the type examination”, and

iii

in the third paragraph—

aa

omit “Commission, the Member States and the”,

bb

for “other notified bodies” substitute “other approved bodies”,

cc

omit the words from “On request” to “carried out by the notified body”,

dd

for “The notified body” substitute “The approved body”, and

ee

for “the EU-type examination”, in both places, substitute “the type examination”;

j

in point 9—

i

for “the EU-type” substitute “the type”, and

ii

for “the national authorities” substitute “the Secretary of State”.

Amendment to Annex 454

In Annex 4—

a

in point 1, for “the EU-type examination” substitute “the type examination”;

b

in point 3—

i

in point 3.1, in the second paragraph—

aa

in subparagraph (b) for “other notified body” substitute “other approved body”, and

bb

in subparagraph (e) for “the EU-type examination” substitute “the type examination”,

ii

in point 3.2, for “the EU-type examination” substitute “the type examination”,

iii

in point 3.3—

aa

in the first paragraph, for “The notified body” substitute “The approved body”, and

bb

in the second paragraph, for “relevant harmonised standard” substitute “relevant designated standard”, and

iv

in point 3.5—

aa

in the first paragraph, for “the notified body” substitute “the approved body”, and

bb

in the second paragraph, for “The notified body” substitute “The approved body”;

c

in point 4—

i

in the heading, for “the notified body” substitute “the approved body”,

ii

in point 4.2, for “the notified body” substitute “the approved body”,

iii

in point 4.3, for “The notified body” substitute “The approved body”, and

iv

in point 4.4—

aa

for “the notified body”, in both places, substitute “the approved body”, and

bb

for “The notified body” substitute “The approved body”;

d

in point 5—

i

in the heading, for “CE marking and EU declaration” substitute “UK marking and declaration”,

ii

in point 5.1—

aa

for “CE marking” substitute “UK marking”,

bb

for “the notified body” substitute “the approved body”, and

cc

for “the EU-type examination” substitute “the type examination”, and

iii

in point 5.2—

aa

for “EU declaration of conformity”, in each place, substitute “declaration of conformity”, and

bb

for “national authorities” substitute “Secretary of State”;

e

in point 6—

i

for “national authorities” substitute “Secretary of State”, and

ii

for “notified body” substitute “approved body”;

f

in point 7—

i

in the first paragraph—

aa

for “Each notified body” substitute “Each approved body”, and

bb

for “its notifying authority”, in both places, substitute “the Secretary of State”,

ii

in the second paragraph—

aa

for “Each notified body” substitute “Each approved body”, and

bb

for “the other notified bodies” substitute “the other approved bodies”,

iii

omit the third paragraph, and

iv

in the fourth paragraph, for “The notified body” substitute “The approved body”.

Amendment to Annex 555

In Annex 5—

a

in point 1, for “the EU-type” substitute “the type”;

b

in point 2, for “the EU-type” substitute “the type”;

c

in point 3—

i

in point 3.1—

aa

in the first paragraph, for “the notified body” substitute “the approved body”,

bb

in the second paragraph, in subparagraph (b), for “other notified body” substitute “other approved body”, and

cc

in the second paragraph, in subparagraph (d), for “EU-type examination” substitute “type examination”, and

ii

in point 3.2—

aa

for “The notified body” substitute “The approved body”, and

bb

for “EU-type examination” substitute “type examination”;

d

in point 4—

i

in point 4.1, in the first paragraph—

aa

for “relevant harmonised standard(s) and/or equivalent tests set out in other relevant technical specifications” substitute “relevant designated standards”, and

bb

for “EU-type examination” substitute “type examination”,

ii

in point 4.1, in the second paragraph, for “a harmonised standard, the notified” substitute “a designated standard, the approved”, and

iii

in point 4.2—

aa

in the first paragraph, for “The notified body” substitute “The approved body”, and

bb

in the second paragraph, for “national authorities” substitute “Secretary of State”;

e

in point 5—

i

in point 5.2—

aa

for “relevant harmonised standard(s)” substitute “relevant designated standards”,

bb

for “EU-type examination” substitute “type examination”,

cc

for “harmonised standard” substitute “designated standard”, and

dd

for “notified body” substitute “approved body”,

ii

in point 5.3—

aa

in the second paragraph, for “The notified body” substitute “The approved body”, and

bb

in the third paragraph, for “national authorities” substitute “Secretary of State”, and

iii

in point 5.4—

aa

for “notified body”, in both places, substitute “approved body”, and

bb

for “competent authority” substitute “Secretary of State”;

f

in point 6—

i

in the heading, for “CE marking and EU declaration” substitute “UK marking and declaration”,

ii

in point 6.1—

aa

for “CE marking” substitute “UK marking”,

bb

for “notified body” substitute “approved body”, and

cc

for “the EU-type examination” substitute “the type examination”, and

iii

in point 6.2—

aa

for “EU declaration”, in both places, substitute “declaration”,

bb

for “national authorities” substitute “Secretary of State”,

cc

for “If the notified body” substitute “If the approved body”, and

dd

for “notified body’s” substitute “approved body’s”;

g

in point 7—

i

for “If the notified body” substitute “If the approved body”, and

ii

for “notified body’s” substitute “approved body’s”.

Amendment to Annex 656

In Annex 6—

a

in point 3—

i

in point 3.1—

aa

in the first paragraph, for “the notified body” substitute “the approved body”, and

bb

in the second paragraph, in subparagraph (b), for “other notified body” substitute “other approved body”, and

ii

in point 3.2—

aa

for “The notified body”, in both places, substitute “The approved body”,

bb

for “relevant harmonised standards and/or equivalent tests set out in other relevant technical specifications” substitute “relevant designated standards”,

cc

for “a harmonised standard” substitute “a designated standard”,

dd

for “the notified body”, in each place, substitute “the approved body”,

ee

for “same notified body” substitute “same approved body”,

ff

omit the words from “On request” to “certificate of conformity”, and

gg

for “national authorities” substitute “Secretary of State”;

b

in point 4—

i

in the heading, for “CE marking and EU declaration” substitute “UK marking and declaration”,

ii

in point 4.1—

aa

for “CE marking” substitute “UK marking”, and

bb

for “notified body” substitute “approved body”, and

iii

in point 4.2—

aa

for “EU declaration”, in both places in the first paragraph, substitute “declaration”,

bb

for “national authorities” substitute “Secretary of State”, and

cc

omit “A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.”.

Amendment to Annex 757

In Annex 7—

a

in point 3.1, in the first paragraph, and in the second paragraph in subparagraph (f), for “notified body” substitute “approved body”;

b

in point 3.2, in the third paragraph, in subparagraph (b), for “harmonised standards” substitute “designated standards”;

c

in point 3.3—

i

in the first paragraph—

aa

for “The notified body” substitute “The approved body”, and

bb

for “harmonised standard” substitute “designated standard”, and

ii

in the fifth paragraph, for “The notified body” substitute “The approved body”;

d

in point 3.5—

i

in the first paragraph, for “the notified body” substitute “the approved body”, and

ii

in the second paragraph, for “The notified body” substitute “The approved body”;

e

in point 3.6.1, for “notified body” substitute “approved body”;

f

in point 3.6.2, in the second paragraph, in subparagraph (b), for “other notified body” substitute “other approved body”;

g

in point 3.6.3—

i

in the first paragraph—

aa

for “The notified body” substitute “The approved body”, and

bb

for “an EU design examination” substitute “a design examination”, and

ii

in the third paragraph—

aa

for “the notified body” substitute “the approved body”, and

bb

for “an EU design examination” substitute “a design examination”;

h

in point 3.6.4—

i

in the first paragraph—

aa

for “The notified body” substitute “The approved body”, and

bb

for “the notified body” substitute “the approved body”, and

ii

in the second paragraph—

aa

for “the notified body”, in both places, substitute “the approved body”, and

bb

for “EU design examination”, in each place, substitute “design examination”;

i

in point 3.6.5—

i

in the first paragraph—

aa

for “Each notified body” substitute “Each approved body”,

bb

for “its notifying authority”, in both places, substitute “the Secretary of State”, and

cc

for “the EU design examination” substitute “the design examination”,

ii

in the second paragraph—

aa

for “Each notified body” substitute “Each approved body”,

bb

for “other notified bodies” substitute “other approved bodies”, and

cc

for “the EU design examination” substitute “the design examination”,

iii

for the third paragraph substitute—

The other approved bodies may, on request, obtain a copy of the design examination certificates and any additions thereto.

iv

in the fourth paragraph—

aa

for “The notified body” substitute “The approved body”, and

bb

for “the EU design examination” substitute “the design examination”;

j

in point 3.6.6—

i

for “the EU design examination” substitute “the design examination”, and

ii

for “national authorities” substitute “Secretary of State”;

k

in point 4—

i

in the heading, for “the notified body” substitute “the approved body”,

ii

in point 4.2, for “the notified body” substitute “the approved body”,

iii

in point 4.3, for “The notified body” substitute “The approved body”, and

iv

in point 4.4, for “the notified body”, in both places, substitute “the approved body”;

l

in point 5—

i

in the heading, for “CE marking and EU declaration” substitute “UK marking and declaration”,

ii

in point 5.1—

aa

for “CE marking” substitute “UK marking”, and

bb

for “the notified body” substitute “the approved body”, and

iii

in point 5.2—

aa

for “written EU declaration” substitute “written declaration”,

bb

for “national authorities” substitute “Secretary of State”,

cc

for “The EU declaration” substitute “The declaration”,

dd

for “the EU design examination” substitute “the design examination”, and

ee

for “A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.” substitute “A copy of the declaration of conformity must be made available to the Executive upon request.”;

m

in point 6—

i

in the opening words, for “national authorities” substitute “Secretary of State”, and

ii

in paragraph (d), for “the notified body”, substitute “the approved body”;

n

in point 7—

i

in the first paragraph—

aa

for “Each notified body” substitute “Each approved body”, and

bb

for “its notifying authority”, in both places, substitute “the Secretary of State”,

ii

in the second paragraph—

aa

for “Each notified body” substitute “Each approved body”, and

bb

for “other notified bodies” substitute “other approved bodies”,

iii

omit the third paragraph, and

iv

in the fourth paragraph, for “The notified body” substitute “The approved body”.

Amendment to Annex 858

In Annex 8, in point 2—

a

for paragraph (c) substitute—

c

a list of the designated standards referred to in Article 17 applied in full or in part, and where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of this Regulation including a list of other relevant technical specifications applied. In the event of partly applied designated standards, the technical documentation must specify the parts which have been applied;

b

in paragraph (f), for “EU declarations” substitute “declarations”.

Amendment to Annex 959

In Annex 9—

a

in the heading, for “EU declaration” substitute “Declaration”;

b

omit point 5;

c

in point 6, for “relevant harmonised standards” substitute “relevant designated standards”;

d

in point 7, for “notified body” substitute “approved body”.

We consent

Two of the Lords Commissioners of Her Majesty’s Treasury

Signed by authority of the Secretary of State

NameMinister of StateDepartment for Transport
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of cableway installations and, in particular, amend legislation relating to the construction and modification of cableway installations and the conformity assessment of subsystems and safety components of cableway installations.

Part 2 amends the Cableway Installations Regulations 2018. Part 3 amends Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.