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Link to original content: http://www.legislation.gov.uk/id/uksi/2018/430/regulation/15
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15. After regulation 20 insert—
20A.—(1) Any person intending to manufacture or import a consumer product for which the intended use is likely to belong to a new class or type of practice must, prior to commencing manufacture or import, make an application to the Justifying Authority under regulation 9 in respect of the intended use of the consumer product and provide to the Justifying Authority the information listed in paragraph 1 of Schedule A1.
(2) In making a justification decision in respect of a new class or type of practice involving the use of a consumer product, the Justifying Authority must take into account the information provided under paragraph (1) and must assess the factors listed in paragraph 2 of Schedule A1.
(3) A person must not sell or make available to the public a consumer product where—
(a)its intended use would constitute a contravention of regulation 4(5) or 5(3); or
(b)its intended use would constitute a practice and that practice would not satisfy the criteria described in any of the categories listed in paragraph 1 of Schedule 1 to the Ionising Radiations Regulations 2017(1).
20B. A class or type of practice involving activation of material resulting in an increase in activity in a consumer product, which at the time of placing that consumer product on the market cannot be disregarded from a radiation protection point of view, is “new” for the purposes of these Regulations if that class or type of practice has not been found to be justified.”
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