The Supply of Machinery (Safety) Regulations 2008

Publication Date:January 01, 2008
 
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2008No. 1597

HEALTH AND SAFETY

The Supply of Machinery (Safety) Regulations 2008

19thJune2008

23rdJune2008

29thDecember2009

CONTENTS

PART 1

Preliminary

1. Citation, commencement and revocation

2. Interpretation

3. Placing on the market and putting into service; supplies outside the EEA and showing at trade fairs not covered

PART 2

Application

4. Products to which Regulations apply; definition of "machinery"

5. Disapplication where more specific Community safety rules apply

6. Partly completed machinery

PART 3

General prohibitions and obligations

7. Supply of machinery: general obligations and prohibition

8. Supply of partly completed machinery: general obligations and prohibition

9. Putting machinery into service

Conformity assessment procedures

10. Machinery not referred to in Annex IV

11. Annex IV machinery manufactured fully in accordance with published harmonised standards and fully covered by such standards

12. Annex IV machinery not manufactured fully in accordance with published harmonised standards or not fully covered by such standards

PART 4

CE Marking

13. CE-marked machinery to be taken to comply with Regulations

14. Machinery covered by more than one Directive

15. Protection of CE marking

PART 5

Notified bodies

16. Designation and monitoring of UK notified bodies

17. Duration, variation and termination of designations

18. Functions of UK notified bodies

19. Fees

PART 6

Enforcement

20. General duties and powers of enforcement authorities

21. Non-compliance with CE marking requirements

22. Offences and penalties

23. Defence of due diligence

24. Liability of persons other than the principal offender

PART 7

Miscellaneous

25. Amendment of the Lifts Regulations 1997

26. Other amendments

27. Consequential disapplication of domestic health and safety law

28. Time-limited derogation for impact machinery

SCHEDULE 1-

REGULATIONS REVOKED

SCHEDULE 2-

ANNEXES TO THE DIRECTIVE

PART 1-

Annex I: Essential health and safety requirements relating to the design and construction of machinery

PART 2-

Annex II: Declarations

PART 3-

Annex III: CE marking

PART 4-

Annex IV: Categories of machinery to which one of the procedures referred to in regulation 11 or 12 must be applied

PART 5-

Annex V: Indicative list of safety components

PART 6-

Annex VI: Assembly instructions for partly completed machinery

PART 7-

Annex VII: Technical files

PART 8-

Annex VIII: Assessment of conformity with internal checks on the manufacture of machinery

PART 9-

Annex IX: EC type-examination

PART 10-

Annex X: Full quality assurance

PART 11-

Annex XI: Minimum criteria to be taken into account by Member States for the notification of bodies

SCHEDULE 3-

PRODUCTS TO WHICH THE REGULATIONS DO NOT APPLY

SCHEDULE 4-

APPEALS AGAINST NOTIFIED BODY DECISIONS

SCHEDULE 5-

ENFORCEMENT

SCHEDULE 6-

AMENDMENTS TO THE LIFTS REGULATIONS 1997

SCHEDULE 7-

OTHER AMENDMENTS

The Secretary of State is a Minister designated 1 for the purposes of section 2(2) of the European Communities Act 1972 2 in relation to machinery, including component parts of machines, components or equipment to be attached to or used with machines, and sub-assemblies to be incorporated into or assembled with machines, and in relation to measures relating to lifts and the safety components for use in lifts.

The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.

PART 1

Preliminary

Citation, commencement and revocation

1.-

(1) These Regulations may be cited as the Supply of Machinery (Safety) Regulations 2008 and shall come into force on 29th December 2009.

(2) The Regulations listed in the first column of the table in Schedule 1 are revoked to the extent specified in the third column of that table.

Interpretation

2.-

(1) In these Regulations-

(a) references to "the Directive" are references to Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC 3; and(b) Annexes I to XI to the Directive are reproduced in Schedule 2 (with minor changes reflecting the Directive's application to the EEA 4, and certain details of the Directive's implementation in these Regulations - in particular, the use of certain defined terms and the adoption of gender neutral drafting), so that each Annex is a separate Part of that Schedule; accordingly, where reference is made to an Annex designated by a Roman numeral, the reference is to the Part of Schedule 2 designated by the corresponding Arabic numeral and reproducing the text of the Annex to the Directive designated by that Roman numeral in the Directive.

(2) In these Regulations-

"the 1974 Act" means the Health and Safety at Work etc Act 1974 5;

"the 1978 Order" means the Health and Safety at Work (Northern Ireland) Order 1978 6;

"the 1987 Act" means the Consumer Protection Act 1987 7;

"the 1992 Regulations" means the Supply of Machinery (Safety) Regulations 1992 8;

"applicable" means, in relation to the application of essential health and safety requirements to any machine, those essential health and safety requirements which are expressed in Annex I (Part 1 of Schedule 2) as applying either to all machinery or to machinery of a category to which that machine belongs or which has a characteristic that it shares;

"authorised representative" means a person established in an EEA state who has received a written mandate from the manufacturer to perform, on the manufacturer's behalf, all or part of the obligations and formalities imposed on manufacturers (either as "manufacturers" or "responsible persons") by these Regulations or otherwise in connection with the Directive;

"CE marking" means a mark consisting of the symbol "CE" set out in the form shown in Annex III (Part 3 of Schedule 2);

"chains, ropes and webbing" has the meaning given in regulation 4(2)(e);

"Commission" means Commission of the European Communities;

"conformity assessment" means the assessment, in accordance with Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), of whether machinery, or a representative model of machinery, satisfies the applicable requirements of these Regulations, and "conformity assessment procedure" means the procedures specified in any of those Annexes;

"enforcement authority" means-

(a) in Great Britain, subject to sub-paragraph (b)-(i) in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive; and(ii) in relation to any other machinery or partly completed machinery-(aa) within each local weights and measures authority's area, that authority; or(bb) the Secretary of State;(b) the Office of Rail Regulation where, in Great Britain, the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 9 make it the enforcing authority, within the meaning of section 18(7) of the 1974 Act, in relation to machinery for use in the operation of a railway, tramway or any other system of guided transport, as defined in those Regulations; and(c) in Northern Ireland-(i) in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive for Northern Ireland; and(ii) in relation to any other machinery or partly completed machinery-(aa) within each district council's area, that council; or(bb) the Secretary of State;

"essential health and safety requirements" means the requirements set out in Annex I (Part 1 of Schedule 2), sections 1 to 6, read in the light of the General Principles set out at the start of that Annex;

"follow", in relation to a responsible person and a conformity assessment procedure, means the responsible person complying with the requirements which the conformity assessment procedure, as expressed in Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), imposes on responsible persons;

"harmonised standard" means a non-binding technical specification adopted by the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI), on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services 10;

"the Health and Safety Executive" (except where express reference is made to the Health and Safety Executive for Northern Ireland) means the Health and Safety Executive established under section 10 of the 1974 Act;

"the Health and Safety Executive for Northern Ireland" means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;

"interchangeable equipment" has the meaning given in regulation 4(2)(b);

"lifting accessory" has the meaning given in regulation 4(2)(d);

"machine" means an item of machinery;

"machinery" has the meaning given in regulation 4(3);

"manufacturer" means, in relation to machinery or partly completed machinery-

(a) a person who designs or manufactures that machinery or partly completed machinery-(i) with a view to its being placed on the market under that person's own name or trademark; or(ii) for that person's own use in an EEA state; or(b) if there is no such person, the person who places that machinery or partly completed machinery on the market or puts it into service;

"notified body" means-

(a) a UK notified body;(b) a person designated as a notified body for the purposes of the Directive by another EEA state and notified by that state to the Commission and the other EEA states under Article 14(1) of the Directive; or(c) a person recognised for the purpose of carrying out the functions of a notified body under the Directive under or by virtue of-(i) a mutual recognition agreement relating to the Directive; or(ii) a similar agreement...

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