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Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020
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PART 22

Construction Products - Market Surveillance Authority

Construction products - market surveillance

132. In this Part—

“administrative area” has the meaning assigned to it by the Local Government Act 2001 ;

“building control authority” has the meaning given to it by section 2 of the Building Control Act 1990 ;

“competent authority” means a person prescribed by the Minister under this Part and may include a local authority;

“Construction Products Regulation” means Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 201124 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC;

“local authority” has the meaning assigned to it by the Local Government Act 2001 ;

“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) a building control authority under Regulation 10(1)(a) of the Regulations of 2013,

(b) a competent authority under Regulation 10(1)(b) of the Regulations of 2013, and

(c) the Minister under Regulation 10(1)(d) of the Regulations of 2013,

which are responsible for carrying out market surveillance in the State;

“Market Surveillance Regulation” means Regulation (EU) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 25 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93;

“Minister” means the Minister for Housing, Local Government and Heritage;

“prescribe” means prescribe by regulations made by the Minister under section 133;

“Regulations of 2013” means the European Union (Construction Products) Regulations 2013 (S.I. No. 225 of 2013).

24 OJ No. L 88, 4.4.2011, p.5

25 OJ No. L 218, 13.8.2008, p.30