The Supply of Machinery (Safety) Regulations 1992

• Where the machinery is intended to carry out several different operations with the manual removal of the piece between each operation (combined machinery), it must be designed and constructed in such a way as to enable each element to be used separately without the other elements constituting a danger or risk for the exposed person.

• For this purpose, it must be possible to start and stop separately any elements that are not protected.

• (1.3.6) Risks relating to variations in the rotational speed of tools

• When the machine is designed to perform operations under different conditions of use (eg different speeds or energy supply), it must be designed and constructed in such a way that selection and adjustment of these conditions can be carried out safely and reliably.

• (1.3.7) Prevention of risks related to moving parts

• The moving parts of machinery must be designed, built and laid out to avoid hazards or, where hazards persist, fixed with guards or protective devices in such a way as to prevent all risk of contact which could lead to accidents.

• All necessary steps must be taken to prevent accidental blockage of moving parts involved in the work. In cases where, despite the precautions taken, a blockage is likely to occur, specific protection devices or tools, the instruction handbook and possibly a sign on the machinery should be provided by the manufacturer to enable the equipment to be safely unblocked.

• (1.3.8) Choice of protection against risks related to moving parts

• Guards or protection devices used to protect against the risks related to moving parts must be selected on the basis of the type of risk. The following guidelines must be used to help make the choice. Moving transmission parts Guards designed to protect exposed persons against the risks associated with moving transmission parts (such as pulleys, belts, gears, rack and pinions, shafts, etc) must be: either fixed, complying with requirements 1.4.1 and 1.4.2.1; or movable, complying with requirements 1.4.1 and 1.4.2.2.A. Movable guards should be used where frequent access is foreseen. Moving parts directly involved in the process Guards or protection devices designed to protect exposed persons against the risks associated with moving parts contributing to the work (such as cutting tools, moving parts of presses, cylinders, parts in the process of being machined, etc) must be: wherever possible fixed guards complying with requirements 1.4.1 and 1.4.2.1; otherwise, movable guards complying with requirements 1.4.1 and 1.4.2.2.B or protection devices such as sensing devices (eg non-material barriers, sensor mats), remote-hold protection devices (eg two-hand controls), or protection devices intended automatically to prevent all or part of the operator’s body from encroaching on the danger zone in accordance with requirements 1.4.1 and 1.4.3. However, when certain moving parts directly involved in the process cannot be made completely or partially inaccessible during operation owing to operations requiring nearby operator intervention, where technically possible such parts must be fitted with: fixed guards, complying with requirements 1.4.1 and 1.4.2.1 preventing access to those sections of the parts that are not used in the work; adjustable guards, complying with requirements 1.4.1 and 1.4.2.3 restricting access to those sections of the moving parts that are strictly for the work.

• (1.4) Required characteristics of guards and protection devices

• (1.4.1) General requirement

• Guards and protection devices must: be of robust construction; not give rise to any additional risk; not be easy to by-pass or render non-operational; be located at an adequate distance from the danger zone; cause minimum obstruction to the view of the production process; enable essential work to be carried out on installation and/or replacement of tools and also for maintenance by restricting access only to the area where the work has to be done, if possible without the guard or protection device having to be dismantled.

• (1.4.2) Special requirements for guards

• (1.4.2.1) Fixed guards Fixed guards must be securely held in place.

• They must be fixed by systems that can be opened only with tools.

• Where possible, guards must be unable to remain in place without their fixings.

• (1.4.2.2) Movable guards

• (A) Type A movable guards must:

• as far as possible remain fixed to the machinery when open;

• be associated with a locking device to prevent moving parts starting up as long as these parts can be accessed and to give a stop command whenever they are no longer closed.

• (B) Type B movable guards must be designed and incorporated into the control system so that:

• moving parts cannot start up while they are within the operator’s reach;

• the exposed person cannot reach moving parts once they have started up;

• they can be adjusted only by means of an intentional action, such as the use of a tool, key, etc;

• the absence or failure of one of their components prevents starting or stops the moving parts;

• protection against any risk of ejection is proved by means of an appropriate barrier.

• (1.4.2.3) Adjustable guards restricting access

• Adjustable guards restraining access to those areas of the moving parts strictly necessary for the work must: be adjustable manually or automatically according to the type of work involved; be readily adjustable without the use of tools; reduce as far as possible the risk of ejection.

• (1.4.3) Special requirements for protection devices

• Protection devices must be designed and incorporated into the control system so that: moving parts cannot start up while they are within the operator’s reach; the exposed person cannot reach moving parts once they have started up; they can be adjusted only by means of an intentional action, such as the use of a tool, key, etc; the absence or failure of one of their components prevents starting or stops the moving parts.

• (1.5) Protection against other hazards

• (1.5.1) Electricity supply

• Where machinery has an electricity supply it must be designed, constructed and equipped so that all hazards of an electrical nature are or can be prevented.

• The specific rules in force relating to electrical equipment designed for use within certain voltage limits must apply to machinery which is subject to those limits.

• (1.5.2) Static electricity

• Machinery must be so designed and constructed as to prevent or limit the build-up of potentially dangerous electrostatic charges and/or be fitted with a discharging system.

• (1.5.3) Energy supply other than electricity

• Where machinery is powered by an energy other than electricity (eg hydraulic, pneumatic or thermal energy, etc), it must be so designed, constructed and equipped as to avoid all potential hazards associated with these types of energy.

• (1.5.4) Errors of fitting

• Errors likely to be made when fitting or refitting certain parts which could be a source of risk must be made impossible by the design of such parts or, failing this, by information given on the parts themselves and/or the housings. The same information must be given on moving parts and/or their housings where the direction of movement must be known to avoid a risk. Any further information that may be necessary must be given in the instructions.

• Where a faulty connection can be the source of risk, incorrect fluid connections, including electrical conductors, must be made impossible by the design or, failing this, by information given on the pipes, cables, etc and/or connector blocks.

• (1.5.5) Extreme temperatures

• Steps must be taken to eliminate any risk of injury caused by contact with or proximity to machinery parts or materials at high or very low temperatures.

• The risk of hot or very cold material being ejected should be assessed. Where this risk exists, the necessary steps must be taken to prevent it or, if this is not technically possible, to render it non-dangerous.

• (1.5.6) Fire

• Machinery must be designed and constructed to avoid all risk of fire or overheating posed by the machinery itself or by gases, liquids, dusts, vapours or other substances produced or used by the machinery.

• (1.5.7) Explosion

• Machinery must be designed and constructed to avoid any risk of explosion posed by the machinery itself or by gases, liquids, dusts, vapours or other substances produced or used by the machinery.

• To that end the manufacturer must take steps to: avoid a dangerous concentration of products; prevent combustion of the potentially explosive atmosphere; minimise any explosion which may occur so that it does not endanger the surroundings.

• The same precautions must be taken if the manufacturer foresees the use of the machinery in a potentially explosive atmosphere.

• Electrical equipment forming part of the machinery must conform, as far as the risk from explosion is concerned, to the provision of the specific Directives in force.

• (1.5.8) Noise

• Machinery must be so designed and constructed that risks resulting from the emission of airborne noise are reduced to the lowest level taking account of technical progress and the availability of means of reducing noise, in particular at source.

• (1.5.9) Vibration

• Machinery must be so designed and constructed that risks resulting from vibrations produced by the machinery are reduced to the lowest level, taking account of technical progress and the availability of means of reducing vibration, in particular at source.

• (1.5.10) Radiation

• Machinery must be so designed and constructed that any emission of radiation is limited to the extent necessary for its operation and that the effects on exposed persons are nonexistent or reduced to non-dangerous proportions.

• (1.5.11) External radiation

• Machinery must be so designed and constructed that external radiation does not interfere with its operation.

• (1.5.12) Laser equipment

• Where laser equipment is used, the following provisions should be taken into account: laser equipment on machinery must be designed and constructed so as to prevent any accidental radiation; laser equipment on machinery must be protected so that effective radiation, radiation produced by reflection or diffusion and secondary radiation do not damage health; optical equipment for the observation or adjustment of laser equipment on machinery must be such that no health risk is created by the laser rays.

• (1.5.13) Emissions of dust, gases, etc

• Machinery must be so designed, constructed and/or equipped that risks due to gases, liquids, dust, vapours and other waste materials which it produces can be avoided.

• Where a hazard exists, the machinery must be so equipped that the said substances can be contained and/or evacuated.

• Where machinery is not enclosed during normal operation, the devices for containment and/or evacuation must be situated as close as possible to the source of the emission.

• (1.6) Maintenance

• (1.6.1) Machinery maintenance

• Adjustment, lubrication and maintenance points must be located outside danger zones. It must be possible to carry out adjustment, maintenance, repair, cleaning and servicing operations while machinery is at a standstill.

• If one or more of the above conditions cannot be satisfied for technical reasons, these operations must be possible without risk (see 1.2.5).

• In the case of automated machinery and, where necessary, other machinery, the manufacturer must make provision for a connecting device for mounting diagnostic fault-finding equipment.

• Automated machine components which have to be changed frequently, in particular for a change in manufacture or where they are liable to wear or likely to deteriorate following an accident, must be capable of being removed and replaced easily and in safety. Access to the components must enable these tasks to be carried out with the necessary technical means (tools, measuring instruments, etc) in accordance with an operating method specified by the manufacturer.

• (1.6.2) Access to operating position and servicing points

• The manufacturer must provide means of access (stairs, ladders, catwalks, etc) to allow access in safety to all areas used for production, adjustment and maintenance operations.

• Parts of the machinery where persons are liable to move about or stand must be designed and constructed to avoid falls.

• (1.6.3) Isolation of energy sources

• All machinery must be fitted with means to isolate it from all energy sources. Such isolators must be clearly identified. They must be capable of being locked if reconnection could endanger exposed persons. In the case of machinery supplied with electricity through a plug capable of being plugged into a circuit, separation of the plug is sufficient.

• The isolator must be capable of being locked also where an operator is unable, from any of the points to which he has access, to check that the energy is still cut off.

• After the energy is cut off, it must be possible to dissipate normally any energy remaining or stored in the circuits of the machinery without risk to exposed persons.

• As an exception to the above requirements, certain circuits may remain connected to their energy sources in order, for example, to hold parts, protect information, light interiors, etc. In this case, special steps must be taken to ensure operator safety.

• (1.6.4) Operator intervention

• Machinery must be so designed, constructed and equipped that the need for operator intervention is limited.

• If operator intervention cannot be avoided, it must be possible to carry it out easily and in safety.

• (1.6.5) Cleaning of internal parts

• The machinery must be designed and constructed in such a way that it is possible to clean internal parts which have contained dangerous substances or preparations without entering them; any necessary unblocking must also be possible from the outside. If it is absolutely impossible to avoid entering the machinery, the manufacturer must take steps during its construction to allow cleaning to take place with the minimum of danger.

• (1.7) Indicators

• (1.7.0) Information devices

• The information needed to control machinery must be unambiguous and easily understood.

• It must not be excessive to the extent of overloading the operator.

• Where the health and safety of exposed persons may be endangered by a fault in the operation of unsupervised machinery, the machinery must be equipped to give an appropriate acoustic or light signal as a warning.

• (1.7.1) Warning devices

• Where machinery is equipped with warning devices (such as signals, etc), these must be unambiguous and easily perceived.

• The operator must have facilities to check the operation of such warning devices at all times.

• The requirements of the specific Directives concerning colours and safety signals must be complied with.

• (1.7.2) Warning of residual risks

• Where risks remain despite all the measures adopted or in the case of potential risks which are not evident (eg electrical cabinets, radioactive sources, bleeding of a hydraulic circuit, hazard in an unseen area, etc), the manufacturer must provide warnings.

• Such warnings should preferably use readily understandable pictograms and/or be drawn up in one of the languages of the country in which the machinery is to be used, accompanied, on request, by the languages understood by the operators.

• (1.7.3) Marking

• All machinery must be marked legibly and indelibly with the following minimum particulars: name and address of the manufacturer; CE mark, which includes the year of construction; designation of series or type; serial number, if any.

• Furthermore, where the manufacturer constructs machinery intended for use in a potentially explosive atmosphere, this must be indicated on the machinery.

• Machinery must also bear full information relevant to its type and essential to its safe use (eg maximum speed of certain rotating parts, maximum diameter of tools to be fitted, mass, etc).

• Where a machine part must be handled during use with lifting equipment, its mass must be indicated legibly, indelibly and unambiguously.

• Interchangeable equipment must bear the same information.

• (1.7.4) Instructions

• (a) All machinery must be accompanied by instructions including at least the following:

• a repeat of the information with which the machinery is marked (see 1.7.3), together with any appropriate additional information to facilitate maintenance (eg addresses of the importer, repairers, etc);

• foreseen use of the machinery within the meaning of 1.1.2(c);

• workstation(s) likely to be occupied by operators;

• instructions for safe: putting into service; use; handling, giving the mass of the machinery and in various parts where they are regularly to be transported separately; assembly, dismantling; adjustment; maintenance (servicing and repair); where necessary, training instructions; where necessary, the essential characteristics of tools which may be fitted to the machinery.

Where necessary, the instructions should draw attention to ways in which the machinery should not be used.

• (b) The instructions must be drawn up by the manufacturer or his authorised representative established in the Community in one of the languages of the country in which the machinery is to be used and should preferably be accompanied by the same instructions drawn up in another Community language, such as that of the country in which the manufacturer or his authorised representative is established. By way of derogation from this requirement, the maintenance instructions for use by the specialised personnel frequently employed by the manufacturer or his authorised representative may be drawn up in only one of the official Community languages.

• (c) The instructions must contain the drawings and diagrams necessary for putting into service, maintenance, inspection, checking of correct operation and, where appropriate, repair of the machinery, and all useful instructions in particular with regard to safety.

• (d) Any sales literature describing the machinery must not contradict the instructions as regards safety aspects; it must give information regarding the airborne noise emissions referred to in (f) and, in the case of hand-held and/or hand-guided machinery, information regarding vibration as referred to in 2.2.

• (e) Where necessary, the instructions must give the requirements relating to installation and assembly for reducing noise or vibration (eg use of dampers, type and mass of foundation block, etc).

• (f) The instructions must give the following information concerning airborne noise emissions by the machinery, either the actual value or a value established on the basis of measurements made on identical machinery;

• equivalent continuous A-weighted sound pressure level at workstations, where this exceeds 70 dB(A); where this level does not exceed 70 dB(A), this fact must be indicated;

• peak C-weighted instantaneous sound pressure value at workstations, where this exceeds 63 Pa (130 dB in relation to 20 μPa);

• sound power level emitted by the machinery where the equivalent continuous A-weighted sound pressure level at workstations exceeds 85 dB(A).

In the case of very large machinery, instead of the sound power level, the equivalent continuous sound pressure levels at specified positions around the machinery may be indicated.

Where the harmonized standards are not applied, sound levels must be measured using the most appropriate method for the machinery.

The manufacturer must indicate the operating conditions of the machinery during measurement and what methods have been used for the measurement.

Where the workstation(s) are undefined or cannot be defined, sound pressure levels must be measured at a distance of 1 metre from the surface of the machinery and at height of 1.60 metres from the floor or access platform. The position and value of the maximum sound pressure must be indicated.

• (g) If the manufacturer foresees that the machinery will be used in a potentially explosive atmosphere, the instructions must give all the necessary information.

• (h) In the case of machinery which may also be intended for use by non-professional operators, the wording and layout of the instructions for use, whilst respecting the other essential requirements mentioned above, must take into account the level of general education and acumen that can reasonably be expected from such operators.

2

ADDITIONAL ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY

• (2.1) Agri-foodstuffs machinery

• In addition to the essential health and safety requirements set out in 1 above, where machinery is intended to prepare and process foodstuffs (eg cooking, refrigeration, thawing, washing, handling, packaging, storage, transport or distribution), it must be so designed and constructed as to avoid any risk of infection, sickness or contagion and the following hygiene rules must be observed: materials in contact, or intended to come into contact, with the foodstuffs must satisfy the conditions set down in the relevant Directives. The machinery must be so designed and constructed that these materials can be cleaned before each use; all surfaces including their joinings must be smooth, and must have neither ridges nor crevices which could harbour organic materials; assemblies must be designed in such a way as to reduce projections, edges and recesses to a minimum. They should preferably be made by welding or continuous bonding. Screws, screwheads and rivets may not be used except where technically unavoidable; all surfaces in contact with foodstuffs must be easily cleaned and disinfected, where possible after removing easily dismantled parts. The inside surfaces must have curves of a radius sufficient to allow thorough cleaning; liquid deriving from foodstuffs as well as cleaning, disinfecting and rinsing fluids should be able to be discharged from the machine without impediment (possibly in a “clean” position); machinery must be so designed and constructed as to prevent any liquids or living creatures, in particular insects, entering, or any organic matter accumulating in areas that cannot be cleaned (eg for machinery not mounted on feet or casters, by placing a seal between the machinery and its base, by the use of sealed units, etc); machinery must be so designed and constructed that no ancillary substances (eg lubricants, etc) can come into contact with foodstuffs. Where necessary, machinery must be designed and constructed so that continuing compliance with this requirement can be checked.

• Instructions

• In addition to the information required in section 1, the instructions must indicate recommended products and methods for cleaning, disinfecting and rinsing (not only for easily accessible areas but also where areas to which access is impossible or unadvisable, such as piping, have to be cleaned in situ).

• (2.2) Portable hand-held and/or hand-guided machinery

• In addition to the essential health and safety requirements set out in 1 above, portable hand-held and/or hand-guided machinery must conform to the following essential health and safety requirements: according to the type of machinery, it must have a supporting surface of sufficient size and have a sufficient number of handles and supports of an appropriate size and arranged to ensure the stability of the machinery under the operating conditions foreseen by the manufacturer; except where technically impossible or where there is an independent control, in the case of handles which cannot be released on complete safety, it must be fitted with start and stop controls arranged in such a way that the operator can operate them without releasing the handles; it must be designed, constructed or equipped to eliminate the risks of accidental starting and/or continued operation after the operator has released the handles. Equivalent steps must be taken if this requirement is not technically feasible; portable hand-held machinery must be designed and constructed to allow, where necessary, a visual check of the contact of the tool with the material being processed.

• Instructions The instructions must give the following information concerning vibrations transmitted by hand-held and hand-guided machinery; the weighted root mean square acceleration value to which the arms are subjected, if it exceeds 2.5m/s² as determined by the appropriate test code. Where the acceleration does not exceed 2.5m/s², this must be mentioned. If there is no applicable test code, the manufacturer must indicate the measurement methods and conditions under which measurements were made.

• (2.3) Machinery for working wood and analogous materials

• In addition to the essential and safety requirements set out in 1 above, machinery for working wood and machinery for working materials with physical and technological characteristics similar to those of wood, such as cork, bone, hardened rubber, hardened plastic material and other similar stiff material must conform to the following essential health and safety requirements: the machinery must be designed, constructed or equipped so that the piece being machined can be placed and guided in safety; where the piece is hand-held on a work-bench the latter must be sufficiently stable during the work and must not impede the movement of the piece; where the machinery is likely to be used in conditions involving the risk of ejection of pieces of wood, it must be designed, constructed or equipped to eliminate this ejection, or, if this is not the case, so that the ejection does not engender risks for the operator and/or exposed persons; the machinery must be equipped with an automatic brake that stops the tool in a sufficiently short time if there is a risk of contact with the tool whilst it runs down; where the tool is incorporated into a non-fully automated machine, the latter must be so designed and constructed as to eliminate or reduce the risk of serious accidental injury, for example by using cylindrical cutter blocks, restricting depth of cut, etc.

3

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO THE MOBILITY OF MACHINERY

4

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO A LIFTING OPERATION

5

ESSENTIAL SAFETY AND HEALTH REQUIREMENTS FOR MACHINERY INTENDED SOLELY FOR UNDERGROUND WORK

SCHEDULE 4 — MACHINERY POSING SPECIAL HAZARDS

(Annex IV of the Machinery Directive)

1

Circular saws (single or multi-blade) for working with wood and meat.

• (1.1) Sawing machines with fixed tool operation, having a fixed bed with manual feed of the workpiece or with a demountable power feed.

• (1.2) Sawing machines with fixed tool during operation, having a manually operated reciprocating saw-bench or carriage.

• (1.3) Sawing machines with fixed tool during operation, having a built-in mechanical feed device for the workpieces, with manual loading and/or unloading.

• (1.4) Sawing machines with movable tool during operation, with a mechanical feed device and manual loading and/or unloading.

2

Hand-fed surface planing machines for woodworking.

3

Thicknessers for one-side dressing with manual loading and/or unloading for woodworking.

4

Band-saws with a mobile bed or carriage and manual loading and/or unloading for working with wood and meat.

5

Combined machines of the types referred to in 1 to 4 and 7 for woodworking.

6

Hand-fed tenoning machines with several tool holders for woodworking.

7

Hand-fed vertical spindle moulding machines.

8

Portable chain saws for woodworking.

9

Presses, including press-brakes, for the cold working of metals, with manual loading and/or unloading, whose movable working parts may have a travel exceeding 6 mm and a speed exceeding 30 mm/s.

10

Injection or compression plastics-moulding machines with manual loading or unloading.

11

Injection or compression rubber-moulding machines with manual loading or unloading.

12

Machinery for underground working of the following types:

• machinery on rails: locomotives and brake-vans.

• hydraulic-powered roof supports.

• internal combustion engines to be fitted to machinery for underground working.

13

Manually-loaded trucks for the collection of household refuse incorporating a compression mechanism.

14

Guards and detachable transmission shafts with universal joints as described in section 3.4.7[^f00053].

15

Vehicles servicing lifts.

SCHEDULE 5 — EXCLUDED MACHINERY

• Lifting equipment designed and constructed for raising and/or moving persons with or without loads, except for industrial trucks with elevating operator position.

• Machinery whose only power source is directly applied manual effort unless it is a machine used for lifting or lowering loads.

• Machinery for medical use used in direct contact with patients.

• Special equipment for use in fairgrounds and/or amusement parks.

• Steam boilers, tanks and pressure vessels.

• Machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity.

• Radioactive sources forming part of a machine.

• Firearms.

• Storage tanks and pipelines for petrol, diesel fuel, inflammable liquids and dangerous substances.

• Means of transport, that is vehicles and their trailers intended solely for transporting passengers by air or on road, rail or water networks, as well as means of transport in so far as such means are designed for transporting goods by air, on public road or rail networks or on water. Vehicles used in the mineral extraction industry shall not be excluded.

• Seagoing vessels and mobile offshore units together with equipment on board such vessels or units.

• Cableways for the public or private transportation of persons.

• Agricultural and forestry tractors, as defined in Article 1(1) of Council Directive 74/150/EEC of 4th March 1974 on the approximation of the laws of the member States relating to the typeapproval of wheeled agricultural or forestry tractors[^f00054], as last amended by Directive 88/297/ EEC[^f00055].

• Machines specially designed and constructed for military or police purposes.

SCHEDULE 6 — ENFORCEMENT

Enforcement in Great Britain in relation to relevant machinery for use at work

1

In Great Britain, in relation to relevant machinery for use at work—

• (a) it shall be the duty of the Executive to make adequate arrangements for the enforcement of these Regulations, and accordingly a reference in the provisions applied to these Regulations by sub-paragraph (b) below to an “enforcing authority” shall be construed as a reference to the Executive;

• (b) sections 19 to 28[^f00056], 33 to 35[^f00057], 38, 39, 41 and 42 of the 1974 Act shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if—

• (i) references to relevant statutory provisions were references to those sections as applied by this paragraph and to these Regulations;

• (ii) references to articles, substances, articles and substances, or plant, were references to relevant machinery;

• (iii) references to the field of responsibility of an enforcing authority, however expressed, were omitted;

• (iv) in section 20, subsection (3) were omitted;

• (v) in section 23, subsections (3), (4) and (6) were omitted;

• (vi) in section 33—

• (aa) in subsection (1) the whole of paragraphs (a) to (d) were omitted;

• (bb) subsection (1A) were omitted;

• (cc) in subsection (2), the reference to paragraph (d) of subsection (1) were omitted;

• (dd) subsection (2A) were omitted;

• (ee) for subsection (3) there were substituted the following:—

(3) A person guilty of an offence under any paragraph of subsection (1) above not mentioned in subsection (2) above or of an offence under subsection (1)(e) above not falling within that subsection shall be liable— (a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or (b) on conviction on indictment— (i) in the case of an offence under subsection (1)(g) or of an offence under subsection (1)(j), to imprisonment for a term not exceeding two years, or a fine, or both; or (ii) in all other cases, to a fine.

; and

• (ff) subsection (4) were omitted;

• (vii) in section 34—

• (aa) paragraphs (a) and (b) were omitted from subsection (1); and

• (bb) in subsection (3) for “six months” there were substituted “twelve months”; and

• (viii) in section 42, subsections (4) and (5) were omitted; and

• (c) sections 36(1) and (2) and 37 shall apply in relation to offences under section 33 as applied to these Regulations and as modified by sub-paragraph (b)(vi) above.

Enforcement in Northern Ireland in relation to relevant machinery for use at work

2

• (1) In Northern Ireland—

• (a) subject to head (b) below, it shall be the duty of the Department of Economic Development to make adequate arrangements for the enforcement of these Regulations in relation to relevant machinery for use at work; and

• (b) it shall be the duty of the Department of Agriculture to make adequate arrangements for the enforcement of these Regulations in relation to relevant machinery for use at work which is wholly or mainly agricultural,

and a reference in the provisions applied to these Regulations by sub-paragraph (2) below to an “enforcing authority” or to its “field of responsibility” (however expressed) or to “the Department concerned” shall be construed accordingly.

• (2)

• (a) For the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof, Articles 21 to 33[^f00058], 35, 36, 38 and 39 of the Order shall apply as if—

• (i) references to relevant statutory provisions were references to those Articles as applied by this paragraph and to these Regulations;

• (ii) references to articles, substances, articles and substances, or plant, were references to relevant machinery;

• (iii) in Article 22, paragraph (3) were omitted;

• (iv) in Article 25, paragraphs (3), (4) and (5) were omitted;

• (v) in Article 31—

• (aa) in paragraph (1), the whole of sub-paragraphs (a) to (d) were omitted;

• (bb) paragraph (1A) were omitted;

• (cc) in paragraph (2), the reference to sub-paragraph (d) of paragraph (1) were omitted;

• (dd) paragraph (2A) were omitted;

• (ee) paragraph (3) were omitted;

• (ff) for paragraph (4) there were substituted the following:—

(4) A person guilty of an offence under any sub-paragraph of paragraph (1) not mentioned in paragraph (2) or of an offence under paragraph (1)(e) not falling within paragraph (2) shall be liable— (a) on summary conviction, to a fine not exceeding £2000; or (b) on conviction on indictment— (i) in the case of an offence under paragraph (1)(g) or of an offence under paragraph (1)(j), to imprisonment for a term not exceeding two years, or a fine, or both; or (ii) in all other cases, to a fine.

; and

• (gg) paragraph (5) were omitted;

• (vi) in Article 32—

• (aa) sub-paragraphs (a) and (b) were omitted from paragraph (1); and

• (bb) in paragraph (3), for “six months” there were substituted “twelve months”; and

• (vii) in Article 39, paragraphs (4) and (5) were omitted; and

• (b) Articles 34(1) and (2) shall apply in relation to offences under Article 31 as applied to these Regulations and as modified by sub-paragraph (2)(a)(v) above.

Enforcement in relation to relevant machinery as goods for private use or consumption

3

In relation to relevant machinery as goods for private use or consumption—

• (a) it shall be the duty of—

• (i) every weights and measures authority in Great Britain; and

• (ii) every district council in Northern Ireland,

to enforce these Regulations within their area;

• (b) a reference in the provisions applied to these Regulations by sub-paragraph (c) below to an “enforcement authority” shall be construed as a reference to each of the following authorities—

• (i) the bodies mentioned in sub-paragraph (a) above; and

• (ii) the Secretary of State;

• (c) sections 14, 15, 28 to 35, 37, 38, 44 and 47 of the 1987 Act shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if—

• (i) references to safety provisions were references to these Regulations;

• (ii) references to goods were references to relevant machinery or items of relevant machinery as the context may require;

• (iii) in section 14, in subsection (6), for “six months” there were substituted “three months”;

• (iv) in sections 28, 29, 30, 33, 34 and 35, the words “or any provision made by or under Part III of this Act”, on each occasion that they occur, were omitted;

• (v) in section 28, subsections (3), (4) and (5) were omitted;

• (vi) in section 29, subsection (4) were omitted;

• (vii) in section 30, subsections (7) and (8) were omitted; and

• (viii) in section 38(1), paragraphs (a) to (c) were omitted;

• (d) sections 39 and 40 shall apply to offences under section 32 as it is applied to these Regulations by sub-paragraph (c) above; and

• (e) in relation to proceedings for an offence under these Regulations—

• (i) in Great Britain, section 34 of the 1974 Act shall apply as if—

• (aa) paragraphs (a) and (b) of subsection (1) were omitted;

• (bb) references to an “enforcing authority” were references to each of the authorities referred to in sub-paragraph (a)(i) and (b)(ii) of this paragraph, and “responsible enforcing authority” were construed accordingly;

• (cc) references to “relevant statutory provisions” were references to these Regulations; and

• (dd) in subsection (3), for “six months” there were substituted “twelve months”; and

• (ii) in Northern Ireland, Article 32 of the Order shall apply as if—

• (aa) sub-paragraphs (a) and (b) of paragraph (1) were omitted;

• (bb) references to an “enforcing authority” were references to each of the authorities referred to in sub-paragraph (a)(ii) and (b)(ii) of this paragraph, and “responsible enforcing authority” were construed accordingly;

• (cc) references to “relevant statutory provisions” were references to these Regulations; and

• (dd) in paragraph (3), for “six months” there were substituted “twelve months”.

Forfeiture: England and Wales and Northern Ireland

4

• (1) An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any relevant machinery on the grounds that there has been a contravention in relation thereto of regulation 11.

• (2) An application under this paragraph may be made—

• (a) where proceedings have been brought in a magistrates' court in respect of an offence in relation to some or all of the relevant machinery under regulation 29(a) or (b) to that court;

• (b) where an application with respect to some or all of the relevant machinery has been made to a magistrates' court under section 15 or 33 of the 1987 Act as applied for the purposes of the enforcement of these Regulations by paragraph 3(c) above, to that court; and

• (c) where no application for the forfeiture of the relevant machinery has been made under sub-paragraph (a) or (b) above, by way of complaint to a magistrates' court.

• (3) On an application under this paragraph the court shall make an order for the forfeiture of the relevant machinery only if it is satisfied that there has been a contravention in relation thereto of regulation 11.

• (4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any relevant machinery of regulation 11 if it is satisfied that that regulation has been contravened in relation to an item of relevant machinery which is representative of that relevant machinery (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• (5) Any person aggrieved by an order made under this paragraph by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision—

• (a) in England and Wales, to the Crown Court;

• (b) in Northern Ireland, to the county court,

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980[^f00059], or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981[^f00060] (statement of case)).

• (6) Subject to sub-paragraph (7) below, where any relevant machinery is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.

• (7) On making an order under this paragraph a magistrates' court may, if it considers it appropriate to do so, direct that the relevant machinery to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—

• (a) does not supply the relevant machinery to any person otherwise than—

• (i) to a person who carries on a business of buying relevant machinery of the same description as the first mentioned machinery and repairing or reconditioning it; or

• (ii) as scrap (that is to say, for the value of materials included in the relevant machinery rather than for the value of the relevant machinery itself); and

• (b) complies with any order to pay costs or expenses (including any order under section 35 of the 1987 Act as applied for the purposes of the enforcement of these Regulations by paragraph 3(c) above) which has been made against that person in the proceedings for the order for forfeiture.

Forfeiture: Scotland

5

• (1) In Scotland a sheriff may make an order for forfeiture of any relevant machinery in relation to which there has been a contravention of any provision of regulation 11—

• (a) on an application by the procurator-fiscal made in the manner specified in section 310 of the Criminal Procedure (Scotland) Act 1975[^f00061]; or

• (b) where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.

• (2) The procurator-fiscal making an application under sub-paragraph (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, relevant machinery to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the relevant machinery should not be forfeited.

• (3) Service under sub-paragraph (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1975.

• (4) Any person upon whom a notice is served under sub-paragraph (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, the relevant machinery to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the relevant machinery as the case may be should not be forfeited.

• (5) The sheriff shall not make an order following an application under sub-paragraph (1)(a) above—

• (a) if any person on whom notice is served under sub-paragraph (2) above does not appear, unless service of the notice on that person is proved; or

• (b) if no notice under sub-paragraph (2) above has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

• (6) The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the relevant machinery of regulation 11.

• (7) For the avoidance of doubt it is declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any relevant machinery of regulation 11 if he is satisfied that regulation 11 has been contravened in relation to an item of relevant machinery which is representative of that relevant machinery (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• (8) Where an order for the forfeiture of any relevant machinery is made following an application by the procurator-fiscal under sub-paragraph (1)(a) above, any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 452(4)(a) to (e) of the Criminal Procedure (Scotland) Act 1975[^f00062] shall apply to an appeal under this sub-paragraph as it applies to a stated case under Part II of that Act.

• (9) An order following an application under sub-paragraph (1)(a) above shall not take effect—

• (a) until the end of the period of twenty-one days beginning with the day after the day on which the order is made; or

• (b) if an appeal is made under sub-paragraph (8) above within that period, until the appeal is determined or abandoned.

• (10) An order under sub-paragraph (1)(b) shall not take effect—

• (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1975; or

• (b) if an appeal is made within that period, until the appeal is determined or abandoned.

• (11) Subject to sub-paragraph (12) below, relevant machinery forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.

• (12) If he thinks fit, the sheriff may direct the relevant machinery to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than—

• (a) to a person who carries on a business of buying relevant machinery of the same description as the first-mentioned relevant machinery and repairing or reconditioning it; or

• (b) as scrap (that is to say, for the value of materials included in the relevant machinery rather than for the value of the relevant machinery itself).

Duty of enforcement authority to inform Secretary of State of action taken

6

An enforcement authority shall, where action has been taken by it to prohibit or restrict the supply or putting into service (whether under these Regulations or otherwise) of any relevant machinery which bears the EC mark forthwith inform the Secretary of State of the action taken, and the reasons for it, with a view to this information being passed by him to the Commission.

Savings

7

Nothing in these Regulations shall be construed as preventing the taking of any action in respect of any relevant machinery under the provisions of the 1974 Act, the Order or the 1987 Act.

8

Nothing in these Regulations shall authorise an enforcement authority to bring proceedings in Scotland for an offence.

Interpretation

9

In this Schedule—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974[^f00063];

• “the 1987 Act” means the Consumer Protection Act 1987[^f00064];

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, forestry, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the preparation of land for agricultural use;

• “the Executive” means the Health and Safety Executive established under section 10 of the 1974 Act;

• “the Order” means the Health and Safety at Work (Northern Ireland) Order 1978[^f00065]; and

• “machinery for use at work” means machinery— designed for use or operation, whether exclusively or not, by persons at work; or designed for use or operation, otherwise than at work, in non-domestic premises made available to persons at a place where they may use the machinery provided for their use there, and a reference to relevant machinery for use at work shall be construed accordingly.

SCHEDULE 7 — MINING DISAPPLICATIONS

PART I — MADE UNDER THE MINES AND QUARRIES ACT 1954

(1)	(2)	(3)
Title	Reference	Extent of disapplication
The Loch Aline Mine (Diesel Vehicles) Special Regulations 1958	S.I. 1958/1678	Regulations 4 to 6
The Middleton-by-Wirksworth Limestone Mine (Diesel Vehicles) Special Regulations 1959	S.I. 1959/1520	Regulations 4 to 6
The Woodside Nos 2 and 3 Mine (Diesel Vehicles) Special Regulations 1960	S.I. 1960/1291	Regulations 4 to 6
The Grimethorpe Mine (Diesel Vehicles) Special Regulations 1961	S.I. 1961/2444	Regulations 4 to 6
The Lynemouth Mine (Diesel Vehicles and Storage Battery Vehicles) Special Regulations 1961	S.I. 1961/2445	Regulations 4 to 7
The Calverton Mine (Diesel Vehicles) Special Regulations 1962	S.I. 1962/931	Regulations 4 to 6
The Brightling Mine (Diesel Vehicles) Special Regulations 1962	S.I. 1962/1094	Regulations 5 to 7
The Easington Mine (Diesel Vehicles) Special Regulations 1962	S.I. 1962/1676	Regulations 4 to 6
The Rufford Mine (Diesel Vehicles) Special Regulations 1962	S.I. 1962/2059	Regulations 4 to 6
The Trelewis Drift Mine (Diesel Vehicles) Special Regulations 1962	S.I. 1962/2114	Regulations 4 to 6
The Wharncliffe Woodmoor 4 and 5 Mine (Diesel Vehicles) Special Regulations 1962	S.I. 1962/2193	Regulations 4 to 6
The Seaham Mine (Diesel Vehicles) Special Regulations 1962	S.I. 1962/2512	Regulations 4 to 6
The Dawdon Mine (Diesel Vehicles) Special Regulations 1963	S.I. 1963/118	Regulations 4 to 6
The Thoresby Mine (Diesel Vehicles) Special Regulations 1963	S.I. 1963/825	Regulations 4 to 6
The Westoe Mine (Diesel Vehicles) Special Regulations 1963	S.I. 1963/1096	Regulations 4 to 6
The Silverwood Mine (Diesel Vehicles) Special Regulations 1963	S.I. 1963/1618	Regulations 4 to 6
The Prince of Wales Mine (Diesel Vehicles) Special Regulations 1964	S.I. 1964/539	Regulations 4 to 6
The Newbiggin Mine (Diesel Vehicles) Special Regulations 1964	S.I. 1964/899	Regulations 5 to 7
The Cwmgwili Mine (Diesel Vehicles) Special Regulations 1964	S.I. 1964/1225	Regulations 4 to 6
The Wearmouth Mine (Diesel Vehicles) Special Regulations 1964	S.I. 1964/1476	Regulations 4 to 6
The South Crofty Mine (Locomotives) Special Regulations 1965	S.I. 1965/759	Regulations 4 to 6
The Bevercotes Mine (Diesel Vehicles) Special Regulations 1965	S.I. 1965/1194	Regulations 4 to 6
The Sallet Hole Mine (Storage Battery Locomotives) Special Regulations 1966	S.I. 1966/1325	Regulations 4 to 8
The Ellington Mine (Diesel Vehicles and Storage Battery Vehicles) Special Regulations 1967	S.I. 1967/956	Regulations 4 to 7
The Groverake Mine (Storage Battery Locomotives) Special Regulations 1967	S.I. 1967/1545	Regulations 4 to 8
The Fauld Mine (Diesel Vehicles) Special Regulations 1968	S.I. 1968/1295	Regulations 5 to 7
The Prince of Wales Mine (Captive Rail Diesel Locomotives) Special Regulations 1969	S.I. 1969/1377	Regulation 4
The Winsford Rock Salt Mine (Diesel Vehicles and Storage Battery Vehicles) Special Regulations 1971	S.I. 1971/50	Regulations 4 to 7
The Boulby Mine (Storage Battery Locomotives) Special Regulations 1972	S.I. 1972/472	Regulations 4 to 8
The Marblaegis Mine (Diesel Vehicles) Special Regulations 1972	S.I. 1972/984	Regulations 5 to 7
The Longriggs Mine (Diesel Vehicles) Special Regulations 1973	S.I. 1973/371	Regulations 5 to 7
The Elsecar Main Mine (Diesel Vehicles) Special Regulations 1974	S.I. 1974/710	Regulations 4 to 6

PART II — (MADE UNDER THE MINES AND QUARRIES ACT 1954 AND THE HEALTH AND SAFETY AT WORK ETC. ACT 1974)

(1)	(2)	(3)
Title	Reference	Extent of disapplication
The Rixey Park Mine (Storage Battery Locomotives) Special Regulations 1974	S.I. 1974/1866	Regulations 4 to 8

PART III — (MADE UNDER THE HEALTH AND SAFETY AT WORK ETC. ACT 1974)

(1)	(2)	(3)
Title	Reference	Extent of disapplication
The Markham Mine (Diesel Vehicles) Regulations 1976	S.I. 1976/1734	Regulations 4 to 6
The Bentinck Mine (Diesel Engined Stone Dusting Machine) Regulations 1976	S.I. 1976/2046	Regulations 4 to 7
The Thoresby Mine (Cable Reel LoadHaul-Dump Vehicles) Regulations 1978	S.I. 1978/119	Regulations 4 to 6
The Sallet Hole Nos 1 and 2 Mines (Diesel Vehicles) Regulations 1978	S.I. 1978/761	Regulations 5 to 7
The Trelewis Drift Mine (Diesel Vehicles) Regulations 1978	S.I. 1978/1376	Regulations 4 to 6
The Boulby Mine (Diesel Vehicles) Regulations 1979	S.I. 1979/1532	Regulations 5 to 8
The Sallet Hole No. 2 Mine (Storage Battery Locomotives) Special Regulations 1980	S.I. 1980/1203	Regulations 4 to 9
The Harworth Mine (Cable Reel LoadHaul-Dump Vehicles) Regulations 1980	S.I. 1980/1474	Regulations 4 to 6
The Point of Ayr Mine (Diesel Vehicles) Regulations 1980	S.I. 1980/1705	Regulations 4 to 6

Signed

E. Leigh — Parliamentary Under-Secretary of State for Technology, — Department of Trade and Industry — 30th November 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations implement Council Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery, as amended by Council Directive 91/368/EEC (the Machinery Directive).

Part II provides for the application of the Regulations. They apply to “relevant machinery” (regulation 3) which is machinery as defined in regulation 4, other than machinery excepted by regulations 5 to 10.

The Regulations do not apply to specified types of machinery (regulation 5 and Schedule 5) or machinery exported for use outside the Community (regulation 6). Regulations 7 and 8 set out transitional arrangements whereby the Regulations do not apply to machinery first supplied or put into service in the Community before 1st January 1993 or machinery first supplied or put into service in the Community on or before 31st December 1994 if it complies with the health and safety provisions in force in the relevant Member State at 31st December 1992. The Regulations do not apply before 1st July 1995 to certain specified machinery covered by other Directives (regulation 9). Further, they do not apply to machinery in respect of which the health and safety risks covered by the Machinery Directive are wholly covered by other Directives applicable to that machinery nor to machinery which is electrical equipment where the safety risks are mainly of electrical origin (regulation 10).

Part III sets out the general requirements of the Regulations. Regulations 11 and 12 provide that relevant machinery cannot be supplied (and this includes putting into service in the course of business by the manufacturer himself or by the importer of relevant machinery from outside the Community) unless it satisfies the relevant essential health and safety requirements and the appropriate conformity assessment procedure has been carried out. In addition, either an EC declaration of conformity (indicating that the machinery does satisfy the relevant essential health and safety requirements) must have been issued in respect of the machinery by the responsible person and the EC mark affixed to it by that person or, in the case of machinery intended for incorporation in other machinery, a declaration of incorporation must have been issued by the responsible person. The relevant machinery must also be safe. These requirements do not apply in respect of the supply of relevant machinery which has previously been used in the Community (regulation 11(3)).

The essential health and safety requirements (Annex I of the Machinery Directive) are set out in Schedule 3. Regulation 2 defines “responsible person” and “relevant essential health and safety requirements”. Regulations 13 to 15 describe the different conformity assessment procedures, which apply, as appropriate, to relevant machinery in general, relevant machinery posing special hazards (listed in Schedule 4) and relevant machinery manufactured in accordance with transposed harmonized standards. All the conformity assessment procedures require the responsible person to draw up a technical file and where the relevant machinery is machinery posing special hazards either to send the technical file to an approved body for retention or verification or to have an example of the machinery EC type-examined.

Regulation 18 provides for the appointment of United Kingdom approved bodies and specifies their functions. Regulation 19 provides for these bodies to charge fees.

Regulation 20 provides for certificates of adequacy (verification) in respect of technical files and regulation 21 sets out the procedures in respect of EC type-examination. Regulation 22 specifies the procedure whereby a responsible person issues EC declarations of conformity (including the contents of such a declaration). Regulation 23 provides for declarations of incorporation by a responsible person. Regulation 24 requires the retention, by the responsible person, of the technical file (or a copy of the file submitted to an approved body) for ten years following the supply of the last unit of the machinery to which it relates.

Regulation 25 contains the requirements which must be satisfied before an EC mark may be properly affixed, prohibits the affixing of the EC mark to machinery unless it is safe and enables enforcement authorities to require information from the supplier of relevant machinery without an EC mark. Regulation 26 sets out the conditions for relevant machinery being taken to satisfy the relevant essential health and safety requirements. Regulation 27 requires the notification of judicial remedies to persons aggrieved by a decision of a United Kingdom approved body.

Part IV and Schedule 6 make provision for the enforcement of the Regulations by the Health & Safety Executive in Great Britain, the Department of Economic Development and the Department of Agriculture in Northern Ireland, in relation to relevant machinery for use at work; and the weights and measures authorities in Great Britain and district councils in Northern Ireland in relation to relevant machinery for private use. In Scotland, proceedings are brought by the procurator-fiscal or Lord Advocate.

Regulations 29 and 30 provide for the offences and penalties for breach of the Regulations. There are also provisions relating to the defence of due diligence (regulation 31) and liability of persons other than the principal offender (regulation 32).

Consequential disapplications of United Kingdom law are set out in regulations 33 and 34. Mine regulations, which are disapplied, are specified in Schedule 7.

Schedule 1 sets out Regulations which are revoked from 1st January 1996. Schedule 2 sets out the form of the EC mark.

Footnotes

[^f00001]: S.I. 1992/707.

[^f00002]: 1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, with section 32(7) and (9) of the Magistrates' Courts Act 1980 (c. 43), S.I. 1984/447 and section 17(2) of the Criminal Justice Act 1991 (c. 53), as regards Scotland, with section 289B(4) and (6) of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c. 45) and amended by section 55(2) of the Criminal Justice Act 1982 (c. 48), S.I. 1984/526 and the said section 17(2) of the Criminal Justice Act 1991 and as regards Northern Ireland, with S.I. 1984/703 (N.I. 3) and S.R. (N.I.) 1984 No. 253.

[^f00003]: OJ No. L183, 29.6.89, p.9; the second sub-paragraph of Article 8.4 was corrected in the Corrigendum to the Council Directive OJ No. L296, 14.10.89, p.40.

[^f00004]: OJ No. L198, 22.7.91, p.16.

[^f00005]: 1974 c. 37.

[^f00006]: OJ No. L109, 26.4.83, p.8. Council Directive 83/189/EEC was amended by Council Directive 88/182/EEC (OJ No. L81, 26.3.88, p.75).

[^f00007]: 1987 c. 43.

[^f00008]: OJ No. L186, 8.7.86, p.1.

[^f00009]: OJ No. L186, 8.7.86, p.10.

[^f00010]: OJ No. L384, 31.12.86, p.12. Council Directive 86/663/EEC was adapted to technical progress by Commission Directive 89/240/EEC (OJ No. L100, 12.4.89, p.1).

[^f00011]: S.I. 1988/363.

[^f00012]: S.I. 1988/362.

[^f00013]: S.I. 1988/1736.

[^f00014]: S.I. 1989/1035.

[^f00015]: S.R. 1990 No. 172.

[^f00016]: OJ No. L77, 26.3.73, p.29.

[^f00017]: A body or laboratory meeting the assessment criteria laid down in the relevant harmonised standards is presumed to be competent for the purposes of this regulation.

[^f00018]: Approved bodies meeting the assessment criteria laid down in the relevant harmonised standards are presumed to meet the minimum criteria.

[^f00019]: 1973 c. 51.

[^f00020]: 1978 c. 23.

[^f00021]: 1961 c. 34.

[^f00022]: 1965 c. 20 (N.I.).

[^f00023]: S.I. 1961/1580, to which there are amendments not relevant to these Regulations.

[^f00024]: S.R. & O. (N.I.) 1963 No. 87.

[^f00025]: S.I. 1961/1581, amended by S.I. 1984/1593.

[^f00026]: S.R. & O. (N.I.) 1963 No. 86.

[^f00027]: S.I. 1960/1932.

[^f00028]: S.R. & O. (N.I.) 1971 No. 372.

[^f00029]: 1954 c. 70.

[^f00030]: 1969 c. 6 (N.I.).

[^f00031]: S.I. 1956/1771.

[^f00032]: S.I. 1966/881.

[^f00033]: S.I. 1956/1778.

[^f00034]: S.I. 1956/1780.

[^f00035]: S.I. 1970/168.

[^f00036]: S.I. 1960/1199; relevant amending instrument is S.I. 1981/1414.

[^f00037]: 1956 c. 49.

[^f00038]: S.I. 1960/1015.

[^f00039]: S.I. 1988/1655.

[^f00040]: 1974 c. 37.

[^f00041]: S.R. 1989 No. 320.

[^f00042]: S.I. 1978/1039 (N.I. 9).

[^f00043]: S.I. 1989/635.

[^f00044]: S.R. 1991 No. 13.

[^f00045]: S.I. 1989/728.

[^f00046]: OJ No. L77, 26.3.73, p.29.

[^f00047]: S.I. 1988/363.

[^f00048]: S.I. 1988/362.

[^f00049]: S.I. 1988/1736.

[^f00050]: S.I. 1989/1035.

[^f00051]: S.R./1990 No. 172.

[^f00052]: The recitals to the Machinery Directive indicate that the essential health and safety requirements must be applied with discernment to take account of the state of the art at the time of construction and of technical and economic requirements.

[^f00053]: This is a reference to section 3.4.7 of the essential health and safety requirements set out in Schedule 3 to these Regulations.

[^f00054]: OJ No. L84, 28.3.74, p.10.

[^f00055]: OJ No. L126, 20.5.88, p.52.

[^f00056]: In section 22, subsections (1) and (2) were amended and subsection (4) was added by paragraph 2, of Schedule 3 to, and section 36 of, 1987 c. 43. There is a modification of the application of section 24 not relevant to these Regulations. Sections 25A and 27A were inserted by paragraphs 3 and 4 respectively, and section 28(1)(a) was amended by paragraph 5, of Schedule 3 to, and section 36 of, 1987 c. 43; section 27 was amended by the repeal of subsection (2)(b) and the word “or” immediately preceding it by section 29(3) and (4) of, and paragraph 10(1) and (2) of Schedule 6 and Schedule 7 to, the Employment Act 1989 (c. 37), and in subsection (3) by section 33(1) of, and paragraph 7(a) of Part II of Schedule 3 to, the Employment Act 1988 (c. 19) and section 29(3) of, and paragraph 10(3) of Schedule 6 to, 1989 c. 37; and in section 28, subsections (3)(c) and (5)(b) were amended by section 190 of, and paragraph 46 of Schedule 25 to, the Water Act 1989 (c. 15), a new subsection (6) was substituted by section 84 of, and paragraph 52 of Part II of Schedule 14 to, the Local Government Act 1985 (c. 51), and new subsections (9) and (10) were added by section 116 of, and paragraph 9 of Schedule 15 to, the Employment Protection Act 1975 (c. 71) and section 21 of, and paragraph 13 of Schedule 6 to, the Norfolk and Suffolk Broads Act 1988 (c. 4) respectively.