Obligations of Authorised Representatives
Manufacturers are able by written mandate to appoint Authorised Representatives to
perform certain tasks on their behalf.
Mandated Authorised Representatives for the GB market can be based in GB or Northern
Ireland but after 1 January 2021 cannot be based outside the UK. A manufacturer can only
mandate an Authorised Representative established in the UK, under the 2016 Regulations
as they apply in GB.
No GB-based Authorised Representatives are recognised under EU law. This means that
GB based Authorised Representatives cannot carry out tasks on the manufacturer’s behalf
for products being placed on the Northern Ireland or EEA markets. Therefore, a GB
manufacturer selling pressure equipment or assemblies to the EEA or into Northern
Ireland, who wishes to appoint an Authorised Representative to carry out tasks for them in
respect of the product, must appoint an Authorised Representative based in Northern
Ireland or the EEA.
An Authorised Representative must comply with all the duties imposed on the manufacturer
under the 2016 Regulations that they are appointed by the manufacturer to perform. There
are some duties that a manufacturer cannot mandate an Authorised Representative to
perform (e.g. conformity assessment) and some that must form part of the Authorised
Representatives mandate (e.g. retention of technical documentation).
A manufacturer remains responsible for the proper performance of any obligations the
Authorised Representative performs on their behalf.
Any references in the 2016 Regulations to the manufacturer are to be taken to include a
reference to the authorised representative including in relation to penalties for failure to
comply with those duties.