Commentaries: Art. 38

OFCOM shall arrange for a body under Article 17 to test a telecommunications installation if:
1. the tests carried out by OFCOM suggest that the installation does not meet the requirements of Articles 7 and 9; and
2. the request is made by the person responsible for making the installation available on the market.
Before it arranges for an installation to be tested by a body under Article 17, it shall consult the person responsible for making it available on the market, in particular in relation to the chosen body, the extent of the tests and their estimated costs.
The costs of the tests by the body shall be paid by the person responsible for making the installation available on the market if the tests show that the installation does not meet the requirements.
OFCOM may arrange for the tests to be carried out by a body if it is unable to carry out the tests itself. In this case, the person responsible for making an installation available on the market that does not meet the essential requirements, or the owner of the fixed installation that does not meet these requirements shall be charged the same costs as would have applied if OFCOM had carried out the test itself. Paragraphs 2 and 3 do not apply.