UK Statutory Instrument SI 2017 United Kingdom

Radio Equipment Regulations 2017

These Regulations transpose Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p.62) (“the Directive”).

Enforced by
OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 10 of 123 obligations carry imprisonment (3 months). 3 carry different penalties and 110 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer51 Conformity Assessment Body27 Any Person11 Operator7 Distributor5 Director or Officer1

Plus 21 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Distributor — also bound by 182 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Preliminary

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.002 Interpretation and application
s.designated standard Designated standard
Part 2

Obligations of economic operators

34 of 42 sections shown
s.006 Essential requirements (opens in a new tab) Regulated
  • Ensure radio equipment meets safety and interference standardsManufacturer
s.007 Design and manufacture in accordance with essential requirements Regulated
  • Ensure radio equipment meets essential requirements before placing on marketManufacturer
s.008 Construction must allow operation without infringement of requirements Regulated
  • Design radio equipment to avoid illegal spectrum useManufacturer
s.009 Technical documentation and conformity assessment Regulated
  • Prepare technical documentation and carry out conformity assessment before selling radio equipmentManufacturer
s.010 Declaration of conformity and UK marking (opens in a new tab) Regulated
  • Create a declaration of conformity and apply UK marking to radio equipmentManufacturer
s.011 Retention of technical documentation and ... declaration of conformity (opens in a new tab) Regulated
  • Keep radio equipment technical records and declarations for 10 yearsManufacturer
s.012 Identification of the radio equipment and manufacturer (opens in a new tab) Regulated
  • Label radio equipment with identification and manufacturer detailsManufacturer
s.013 Instructions and information to be included with the radio equipment (opens in a new tab) Regulated
  • Include instructions, safety data, and technical info with radio equipmentManufacturer
s.016 Provision of information and cooperation (opens in a new tab) Regulated
  • Provide information and cooperate with OPSS to demonstrate radio equipment conformityManufacturer
s.017 Compliance procedures for series production (opens in a new tab) Imprisonment
  • Maintain compliance procedures for mass-produced radio equipmentManufacturer
s.018 Monitoring (opens in a new tab) Regulated
  • Monitor radio equipment risks and maintain a complaints registerManufacturer
s.019 Authorised representatives (opens in a new tab) Regulated
  • Appoint an authorised representative in writingManufacturer
s.020 Prohibition on placing on the market radio equipment which is not in conformity (opens in a new tab) Imprisonment
  • Place non‑conforming radio equipment on the marketAny Person
s.021 Requirements which must be satisfied before an importer places radio equipment on the market (opens in a new tab) Regulated
  • Verify compliance before importing radio equipmentManufacturer
s.023 Information identifying importer (opens in a new tab) Regulated
  • Mark radio equipment with importer name and contact addressManufacturer
s.024 Instructions and safety information (opens in a new tab) Regulated
  • Provide clear English instructions and safety info with radio equipmentManufacturer
s.025 Storage and transport (opens in a new tab) Regulated
  • Protect radio equipment during storage and transportManufacturer
s.026 Monitoring (opens in a new tab) Regulated
  • Monitor the safety and compliance of imported radio equipmentManufacturer
s.028 Retention of technical documentation and ... declaration of conformity (opens in a new tab) Regulated
  • Keep technical and compliance records for radio equipment for 10 yearsManufacturer
s.029 Provision of information and cooperation (opens in a new tab) Regulated
  • Provide information and cooperate with enforcement authoritiesManufacturer
s.030 Duty to act with due care (opens in a new tab) Regulated
  • Ensure radio equipment meets safety and technical standardsDistributor
s.033 Storage and transport (opens in a new tab) Imprisonment
  • Maintain safe storage and transport for radio equipmentDistributor
s.034 Duty to take action in respect of radio equipment made available on the market which is not in conformity (opens in a new tab) Regulated
  • Fix, withdraw, or recall non-compliant radio equipmentDistributor
s.035 Provision of information and cooperation (opens in a new tab) Regulated
  • Provide information and cooperate with the enforcing authorityDistributor
s.037 Translation of declaration of conformity (opens in a new tab) Regulated
  • Translate the declaration of conformity into the local languageOperator
s.038 Identification of economic operators (opens in a new tab) Regulated
  • Identify your suppliers and customers when asked by the regulatorOperator
s.039 Requirement to offer common charger radio equipment without a charging device Regulated
  • Offer radio equipment without a charging device and use correct pictogramsOperator
s.039 Prohibition on improper use of UK marking (opens in a new tab) Imprisonment
  • Affix improper UK marking on radio equipmentAny Person
8 other sections in this Part — procedural and definitional
s.further use of uk marking Further use of UK marking
s.obligations which are met by complying with obliga Obligations which are met by complying with obligations in the Directive
s.power to amend r14(2)(b) and specify how informati Power to amend R14(2)(b) and specify how information is to be presented
s.power to require registration of radio equipment Power to require registration of radio equipment
s.power to specify additional essential requirements Power to specify additional essential requirements
s.provision of information on compliance of combinat Provision of information on compliance of combinations of radio equipment and software
s.qualifying northern ireland goods Qualifying Northern Ireland Goods
Part 3

Conformity assessment

7 of 8 sections shown
s.041 Conformity assessment procedures (opens in a new tab) Regulated
  • Perform a conformity assessment of radio equipmentManufacturer
s.042 Declaration of conformity (opens in a new tab) Imprisonment
  • Prepare and provide a formal Declaration of Conformity for radio equipmentManufacturer
s.043 Simplified ... declaration of conformity (opens in a new tab) Regulated
  • Ensure simplified declarations of conformity meet legal structuresManufacturer
s.044 UK(NI) indication Regulated
  • Affix the UK(NI) indication to radio equipment for Northern IrelandManufacturer
s.044 Register of notified bodies established in the United Kingdom Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a register of UK notified bodiesCrown / Minister / Government department
s.044 UK marking (opens in a new tab) Regulated
  • Affix the UK marking to radio equipmentManufacturer
s.045 Technical documentation (opens in a new tab) Regulated
  • Create and maintain technical documentation for radio equipmentManufacturer
1 other section in this Part — procedural and definitional
Part 4

Approval of conformity assessment bodies

5 of 9 sections shown
s.049 Monitoring (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must monitor approved bodiesCrown / Minister / Government department
s.050 Restriction, suspension or withdrawal of approval (opens in a new tab) Regulated
  • Approved bodies must transfer or retain files if approval is withdrawnConformity Assessment Body
s.051 Operational matters in relation to approved bodies (opens in a new tab) Regulated
  • Approved bodies must follow assessment procedures and offer an appeals processConformity Assessment Body
s.052 Subsidiaries and contractors (opens in a new tab) Regulated
  • Manage subcontracting of conformity assessments and keep records for 10 yearsConformity Assessment Body
s.053 Register of approved bodies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a public register of approved bodiesCrown / Minister / Government department
4 other sections in this Part — procedural and definitional
Part 5

Market surveillance and enforcement

12 of 21 sections shown
s.055 Designation of market surveillance authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must conduct market surveillance on radio equipmentLocal authority
s.056 Designation of enforcing authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom, Local Authorities, and the Secretary of State must enforce radio rulesStatutory regulator
s.058 Exercise of enforcement powers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • OPSS must follow specific procedures when enforcing radio equipment rulesStatutory regulator
s.059 Evaluation of radio equipment presenting a risk (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • OPSS must evaluate radio equipment suspected of presenting a riskStatutory regulator
s.060 Enforcement action in respect of radio equipment which is not in conformity and which presents a risk (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • OPSS must order corrective action for non-compliant radio equipmentStatutory regulator
s.061 EU safeguard procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • OPSS must ensure faulty radio equipment is recalled or withdrawn in NIStatutory regulator
s.062 Enforcement action in respect of radio equipment which is in conformity, but presents a risk (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • OPSS must require safety measures even if radio equipment meets standardsStatutory regulator
s.064 Restrictive measures (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • OPSS must follow specific procedures when taking restrictive enforcement actionStatutory regulator
s.065 Offences (opens in a new tab) Imprisonment
  • Fail to comply with radio equipment regulations or recall noticeAny Person
s.066 Penalties (opens in a new tab) Imprisonment
  • Breach of radio equipment regulation 65Any Person
s.068 Liability of persons other than principal offender (opens in a new tab) Imprisonment
  • Be liable for another's radio equipment offenceDirector or Officer
s.073 Appeals against notices (opens in a new tab) Regulated
  • Appeal against an enforcement notice relating to radio equipmentOperator
9 other sections in this Part — procedural and definitional
Part 6

Miscellaneous

0 of 12 sections shown
Schedules

Schedules

65 of 106 shown
s.007 Simplified EU declaration of conformity (opens in a new tab) Regulated
  • Include a simplified declaration of conformity with radio equipmentManufacturer
s.008 Notified Approved body requirements (opens in a new tab) Regulated
  • Meet requirements for approval as a radio equipment assessment bodyConformity Assessment Body
s.009 Operational obligations of notified approved bodies (opens in a new tab) Regulated
  • Approved bodies must assess radio equipment and monitor manufacturersConformity Assessment Body
s.sch001a Information in relation to charging capabilities and compatible charging devices Regulated
  • Provide charging capability information for radio equipmentManufacturer
s.sch001a For all common charger radio equipment, the information set out... Regulated
  • Include charging information with certain radio equipmentAny Person
s.sch001a For common charger radio equipment that is capable of being... Regulated
  • Include fast-charging information for qualifying radio equipmentManufacturer
s.sch001b Label in relation to charging capabilities and compatible charging devices. Regulated
  • Label radio equipment with charging power and protocol detailsOperator
s.sch001b Subject to paragraphs 2 to 6, an economic operator who... Regulated
  • Label common charger radio equipment with charging capabilitiesOperator
s.sch001b The abbreviation “ USB PD ” (USB Power Delivery) must... Regulated
  • Display 'USB PD' on radio equipment that supports USB Power DeliveryManufacturer
s.sch001b If the label is reduced or enlarged, the proportions set... Regulated
  • Keep label proportions and minimum size when scalingAny Person
s.sch001c Pictograms indicating whether a charging device is or is not included with the common charger radio equipment Regulated
  • Use correct pictograms for radio equipment charging statusManufacturer
s.sch001c If the pictogram is reduced or enlarged, the proportions set... Regulated
  • Maintain pictogram proportions and minimum size when resizingAny Person
s.sch001c The pictogram must be printed onto the packaging or affixed... Regulated
  • Print the common charger pictogram on product packagingManufacturer
s.sch001c Where the common charger radio equipment is made available by... Regulated
  • Position common charger pictogram near price indication for distance salesAny Person
s.sch002 Technical documentation Regulated
  • Prepare technical documentation for radio equipmentManufacturer
s.sch002 Manufacturing Regulated
  • Ensure manufacturing process and monitoring comply with technical documentation and essential requirementsManufacturer
s.sch002 UK marking and ... declaration of conformity Regulated
  • Affix UK marking and keep declaration of conformity for radio equipmentManufacturer
s.sch003 Manufacturing Regulated
  • Ensure your manufacturing process matches the approved radio typeManufacturer
s.sch003 UK marking and ... declaration of conformity Regulated
  • Affix UK marking and maintain declaration of conformityManufacturer
s.sch003 (1) The manufacturer must lodge an application for Type examination... Regulated
  • Lodge a Type examination application with a single approved bodyManufacturer
s.sch003 The approved body must examine the technical documentation and supporting... Regulated
Other duties (1) — Crown / regulator
  • Approved body must examine technical documentation for type examinationStatutory regulator
s.sch003 The approved body must draw up an evaluation report that... Regulated
Other duties (1) — Crown / regulator
  • Approved body must keep evaluation report confidential without manufacturer's consentStatutory regulator
s.sch003 (1) Where the type meets the requirements of these Regulations... Regulated
Other duties (1) — Crown / regulator
  • Approved body must issue Type examination certificate or refuse with reasonsStatutory regulator
s.sch003 (1) The approved body must keep itself appraised of any... Regulated
  • Notify approved body of changes to your radio equipment designManufacturer
s.sch003 (1) Each approved body must inform the Secretary of State... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must report on Type examination certificates and keep recordsStatutory regulator
s.sch003 The manufacturer must keep a copy of the Type examination... Regulated
  • Keep type examination certificates and technical documentation for 10 yearsManufacturer
s.sch004 Manufacturing Regulated
  • Operate an approved quality system for radio equipmentManufacturer
s.sch004 Quality system Regulated
  • Apply for and maintain an approved quality system for radio equipmentManufacturer
s.sch004 Surveillance under the responsibility of the approved body Regulated
  • Allow the approved body to access your sites and records for surveillanceManufacturer
s.sch004 UK marking and ... declaration of conformity Regulated
  • Affix UK marking and keep declaration of conformityManufacturer
s.sch004 The manufacturer must, for a period ending 10 years after... Regulated
  • Keep technical and quality documentation for 10 years after placing on marketManufacturer
s.sch004 (1) Each approved body must inform the Secretary of State... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must report quality system approvals to the Secretary of State and other bodiesStatutory regulator
s.sch005 The technical documentation must, wherever applicable, contain at least the... Regulated
  • Prepare and maintain technical documentation for radio equipmentManufacturer
s.sch006 References to the relevant designated standards used or references to... Regulated
  • List standards and technical specifications in declaration of conformityManufacturer
s.sch007 The simplified EU declaration of conformity referred to in regulation... Regulated
  • Provide simplified EU declaration of conformity with radio equipmentManufacturer
s.sch008 (1) A conformity assessment body must have legal personality and... Regulated
  • Conformity assessment bodies must be legal entities established in the UK or CPTPP territoryConformity Assessment Body
s.sch008 A conformity assessment body must have the means necessary to... Regulated
  • Conformity assessment body must have necessary resources for assessmentsConformity Assessment Body
s.sch008 The personnel responsible for carrying out the conformity assessment activities... Regulated
  • Ensure staff doing conformity assessments are properly qualifiedAny Person
s.sch008 A conformity assessment body must be able to demonstrate the... Regulated
  • Demonstrate impartiality of management and assessment staffConformity Assessment Body
s.sch008 The remuneration of the top level management and the personnel... Regulated
  • Do not link remuneration to number or results of conformity assessmentsConformity Assessment Body
s.sch008 A conformity assessment body must have, and must satisfy the... Regulated
  • Maintain adequate civil liability insurance as a conformity assessment bodyConformity Assessment Body
s.sch008 A conformity assessment body must ensure that its personnel observe... Regulated
  • Ensure personnel observe professional secrecy and protect proprietary rightsConformity Assessment Body
s.sch008 A conformity assessment body must participate in, or ensure that... Regulated
  • Participate in standardisation activities and apply coordination group guidanceConformity Assessment Body
s.sch008 (1) A conformity assessment body must be a third-party body... Regulated
  • Conformity assessment bodies must be independent of the radio equipment they assessConformity Assessment Body
s.sch008 (1) A conformity assessment body, its top level management and... Regulated
  • Conformity assessment bodies must remain independent of the equipment they assessConformity Assessment Body
s.sch008 A conformity assessment body, its top level management and the... Regulated
  • Conformity assessment bodies must not be involved in the design, manufacture, marketing, installation, use or maintenance of assessed radio equipmentConformity Assessment Body
s.sch008 A conformity assessment body, its top level management and the... Regulated
  • Do not engage in activities that conflict with assessment independenceConformity Assessment Body
s.sch008 A conformity assessment body must ensure that the activities of... Regulated
  • Ensure subsidiaries and subcontractors don't compromise your impartialityConformity Assessment Body
s.sch008 A conformity assessment body and its personnel must carry out... Regulated
  • Perform conformity assessments with integrity and competenceConformity Assessment Body
s.sch008 A conformity assessment body must be capable of carrying out... Regulated
  • Ensure your conformity assessment body can perform all approved activitiesConformity Assessment Body
s.sch008 A conformity assessment body must have at its disposal— Regulated
  • Maintain competent personnel, documented procedures, and clear policies for conformity assessmentConformity Assessment Body
s.sch009 An approved body must carry out conformity assessments in accordance... Regulated
  • Approved and notified bodies must follow prescribed conformity assessment proceduresConformity Assessment Body
s.sch009 An approved body must inform the Secretary of State of—... Regulated
  • Approved and notified bodies must report certain events to the Secretary of StateConformity Assessment Body
s.sch009 An approved body must make provision in its contracts with... Regulated
  • Include appeal rights in contracts for Type examination or quality decisionsConformity Assessment Body
s.sch009 An approved body must, in accordance with the requirements in... Regulated
  • Share conformity assessment results with other approved bodiesConformity Assessment Body
s.sch009 An approved body must participate in the work of any... Regulated
  • Approved bodies must participate in coordination groupsConformity Assessment Body
s.sch009 An approved body must fulfil any information obligations under Schedules... Regulated
  • Approved and notified bodies must provide information under Schedules 3 and 4Conformity Assessment Body
s.sch009 An approved body must carry out conformity assessments in a... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must assess fairly without overburdening youStatutory regulator
s.sch009 A conformity assessment body must perform its activities taking due... Regulated
Other duties (1) — Crown / regulator
  • Conformity assessment bodies must consider your business size and production natureStatutory regulator
s.sch009 A conformity assessment body must respect the degree of rigour... Regulated
  • Conformity assessment bodies must ensure radio equipment meets required standardsConformity Assessment Body
s.sch009 Where an approved body finds that the essential requirements or... Regulated
  • Take corrective measures when required by an approved bodyManufacturer
s.sch009 Where, in the course of the monitoring of conformity following... Regulated
Other duties (1) — Crown / regulator
  • Approved body must demand corrective action and may suspend or withdraw certificatesStatutory regulator
s.sch009 Where the approved body has required a manufacturer to take... Regulated
Other duties (1) — Crown / regulator
  • Approved body must restrict, suspend or withdraw certificates when manufacturer fails corrective measuresStatutory regulator
s.sch009 Where this paragraph applies, the approved body must— Regulated
Other duties (1) — Crown / regulator
  • Approved body must give notice and right to make representations before refusing or restricting certificationStatutory regulator
s.sch010 Recall notice Regulated
  • Comply with a recall notice for non-compliant radio equipmentOperator
41 other schedules
s.sch001 (1) Radio equipment used by radio amateurs within the meaning...
s.sch001 Marine equipment falling within the Merchant Shipping (Marine Equipment) Regulations...
s.sch001 Airborne products, parts and appliances falling within the scope of...
s.sch001 Custom-built evaluation kits destined for professionals to be used solely...
s.sch001a The information referred to in paragraph 1 consists of a...
s.sch001a The information referred to in paragraph 3 consists of a...
s.sch001a The information referred to at paragraphs 1, 2, 3 and...
s.sch001b The letters “XX” must be replaced by the figure corresponding...
s.sch001b The letters “YY” must be replaced by the figure corresponding...
s.sch001b The label may vary in appearance (for example as to...
s.sch001c The pictogram to be used where a charging device is...
s.sch001c The pictogram to be used where a charging device is...
s.sch001c The pictogram may vary in appearance (for example as to...
s.sch002 Internal production control is the conformity assessment procedure whereby the...
s.sch002 Authorised representatives
s.sch003 Type examination
s.sch003 The manufacturer's authorised representative may lodge the application referred to...
s.sch003 Conformity to type based on internal production control
s.sch003 Authorised representative
s.sch003 Type examination must be carried out by assessment of the...
s.sch004 Conformity based on full quality assurance
s.sch004 Authorised representative
s.sch006 Radio equipment (product, type, batch or serial number):
s.sch006 Name and address of the manufacturer or his authorised representative:...
s.sch006 This declaration of conformity is issued under the sole responsibility...
s.sch006 Object of the declaration (identification of the radio equipment allowing...
s.sch006 The object of the declaration described above is in conformity...
s.sch006 Where applicable, the approved body  (name, number)  performed  (description of intervention)  and issued the...
s.sch006 Where applicable, description of accessories and components, including software, which...
s.sch007 Hereby, [Name of manufacturer] declares that the radio equipment type...
s.sch007 The full text of the EU declaration of conformity is...
s.sch008 Paragraph 15 does not prevent the personnel from providing information...
s.sch009 Paragraph 9 applies where an approved body is minded to—...
s.sch010 Enforcement powers under the 1987 Act
s.sch010 Modifications to the 1987 Act
s.sch010 Application of Schedule 5 to the Consumer Rights Act 2015
s.sch010 Compliance notice
s.sch010 Withdrawal notice
s.sch010 Interpretation
s.schedule/3/part/1/paragraph/wrapper1n2 When reference is made to this Schedule, the conformity assessment...

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