Hazardous Substances and New Organisms Act 1996

82 Issue of test certificates by test certifiers

• (1) Where—

  • (a) Any regulations made under this Act; or

  • (aa) any approval granted by the Authority under this Act; or

  • (b) Any requirements imposed in accordance with Schedule 3 to this Act,—

  require any person to obtain a test certificate, that person shall obtain the test certificate from a test certifier who has been approved to issue such a test certificate in accordance with sections 83 and 84 of this Act.

  (2) A test certifier may, if he or she is authorised to issue a test certificate for any prescribed requirement and is satisfied on reasonable grounds that the prescribed requirement has been met, issue a test certificate.

  (3) A test certifier shall not issue any test certificate in respect of any matter if the test certifier is or has been responsible for, or has a financial interest in, the design, planning or construction of anything relating to the matter.

  (4) Where any test certifier considers, on reasonable grounds that any matter does not comply with the relevant requirement, he or she shall—

  • (a) Refuse to issue a test certificate; and

  • (b) Notify the applicant, in writing, with reasons, of the refusal; and

  • (c) Notify the appropriate enforcement agency unless the test certifier is satisfied that any potential adverse effect from failure to comply with the relevant requirements has been satisfactorily avoided.

  (5) A test certifier must, as soon as practicable after issuing a test certificate under this section, forward a copy of that test certificate to the Authority.

  Subsection (1)(aa) was inserted, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

  Subsection (5) was inserted, as from 22 December 2005, by section 20 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).