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The Supply of Machinery (Safety) Regulations 2008

Type Statutory-Instrument

Publication 2008-06-19

Last updated 2024-10-01

State In force

Department King's Printer of Acts of Parliament

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(iii) information technology equipment,

(iv) ordinary office machinery,

(v) low-voltage switchgear and control gear,

(vi) electric motors; and

(l) the following types of high-voltage electrical equipment—

(i) switch gear and control gear, and

(ii) transformers.

2

The following products are subject to these Regulations—

(a) machinery mounted on vehicles of the kinds specified in paragraph 1(e)(i) to (iii);

(b) products which—

(i) but for regulations 4(1)(a)(iii) and 6(2)(b) and paragraph 1(e)(ii), would be machinery or partly completed machinery;

(ii) fall within one of the categories specified in Article 2(3)(a) to (c) or 2(4)(b) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; and

(iii) are not excluded from these Regulations by paragraph 1(g)); and

SCHEDULE 4 — APPEALS AGAINST NOTIFIED APPROVED BODY DECISIONS

1

Where a manufacturer or authorised representative (“the appellant”) is aggrieved by one of the kinds of decision of an approved body specified in regulation 18(7) (“the decision”), the grounds on which such an appeal may be made are that, in reaching the decision, the approved body (“the respondent”) made a material error of law or fact.

2

Any appeal made under paragraph 1 (“an appeal”) shall be—

(a) made to the Secretary of State; and

(b) heard by a person appointed by the Secretary of State, on such terms as the Secretary of State sees fit, to hear one or more appeals (an “Appeal Officer”).

In this Schedule, “the Appeal Officer” means the person who hears a particular appeal.

3

No person shall be appointed as an Appeal Officer unless the Secretary of State considers that that person has sufficient knowledge and experience, or sufficiently ready access to independent sources of technical or legal expertise, to be able to reach independent, impartial and properly informed decisions on the appeals which that person is appointed to hear.

4

An appeal must be made by giving a notice of appeal in writing to the Secretary of State so as to be received by the Secretary of State within one month of the date upon which the decision was notified to the appellant.

5

On receiving the notice of appeal, the Secretary of State must—

(a) send a copy of the notice, endorsed with the date of receipt, to the respondent;

(b) send an acknowledgement of its receipt to the appellant;

(d) notify the appellant and the respondent of the arrangements for communicating with the Appeal Officer.

6

The notice of appeal must—

(a) state the name and address of the appellant and an address for service;

(b) concisely state the grounds for the appeal and the arguments supporting each ground;

(d) be accompanied by a copy of the decision and, as far as practicable, every other document on which the appellant relies;

(e) be signed and dated by the appellant, or on the appellant's behalf by the appellant's duly authorised officer or legal representative.

7

The respondent may make a written response to the notice of appeal. Any such written response must be sent to the Appeal Officer so as to be received by the Appeal Officer within one month of the date on which the Secretary of State received the notice of appeal or such further time as the Appeal Officer may allow.

8

The Appeal Officer must send a copy of the written response to the appellant.

9

The Appeal Officer may—

(a) give the appellant and the respondent the opportunity to make further written or oral representations; and

(b) specify the time and manner in which such further representations are to be made.

10

The Appeal Officer may—

(a) make enquiries of any person;

(b) receive representations from any person;

(d) subject to this Schedule, follow such practice and procedure,

as the Appeal Officer thinks fit, having regard to the just, expeditious and economical conduct of the appeal.

11

The Appeal Officer may specify the time and place at which any meeting or hearing is to be held.

12

In determining an appeal, the Appeal Officer must—

(a) dismiss the appeal;

(b) allow the appeal; or

13

Where a decision is remitted the respondent must reconsider it in accordance with any rulings of law and findings of fact made by the Appeal Officer.

14

The Appeal Officer may dismiss an appeal at any stage if satisfied that—

(a) the notice of appeal discloses no valid ground of appeal;

(b) the notice of appeal fails to comply with the requirements of paragraph 6; or

15

If satisfied that the appeal was not brought within the time limit imposed by paragraph 4, the Appeal Officer must dismiss an appeal, unless satisfied that the circumstances are exceptional.

16

The Appeal Officer may dismiss an appeal at any stage at the request of the appellant.

17

The Appeal Officer must give the appellant and the respondent reasons for any decision to—

(a) dismiss an appeal;

(b) allow an appeal; or

SCHEDULE 5 — ENFORCEMENT

General duties of enforcement authorities

1

Except as specified in paragraphs 3 and 3A, it shall be the duty of the Health and Safety Executive to make adequate arrangements for the enforcement of these Regulations in Great Britain in relation to machinery and partly completed machinery for use at work.

2

Except as specified in paragraphs 3 and 3A, it shall be the duty of every local weights and measures authority in Great Britain to enforce these Regulations within its area in relation to machinery or partly completed machinery which is not for use at work.

3

It shall be the duty of the Office of Rail and Road to make adequate arrangements for the enforcement of these Regulations in Great Britain where the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 make it the enforcing authority, within the meaning of section 18(7) of the 1974 Act, in relation to machinery or partly completed machinery for use in the operation of a railway, tramway or any other system of guided transport, as defined in those Regulations.

4

It shall be the duty of the Health and Safety Executive for Northern Ireland to make adequate arrangements for the enforcement of these Regulations in Northern Ireland in relation to machinery and partly completed machinery for use at work.

5

It shall be the duty of every district council in Northern Ireland to enforce these Regulations within its area in relation to machinery or partly completed machinery which is not for use at work.

6

The Secretary of State may enforce these Regulations in relation to machinery or partly completed machinery which is not for use at work in cases where the Office of Rail and Road is not the enforcement authority.

Powers of the Health and Safety Executive and the Office of Rail Regulation as enforcement authorities

7

In relation to the enforcement of these Regulations by the Health and Safety Executive, the Office for Nuclear Regulation or the Office of Rail and Road—

(a) sections 19 to 28 , 33 to 35 , 38, 39, 41 and 42 of the 1974 Act shall apply as provided in paragraph 8; and

(b) sections 36(1) and (2) and 37 of the 1974 Act shall apply in relation to offences under section 33 as applied in relation to these Regulations and modified by paragraph 8.

8

For the purposes of the enforcement of these Regulations by the Health and Safety Executive, the Office for Nuclear Regulation or the Office of Rail and Road, and in respect of any related proceedings for contravention of these Regulations, the provisions specified in paragraph 7 shall apply as if—

(a) references to relevant statutory provisions were references to those provisions as modified by this paragraph and to these Regulations;

(b) references to articles, substances, articles and substances, or plant, were references to machinery or partly completed machinery, or a machine or partly completed machine, as the context may require;

(c) references to an “enforcing authority” were references to the Health and Safety Executive, the Office for Nuclear Regulation or the Office of Rail and Road, as appropriate;

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

(e) in section 20, subsection (3) were omitted;

(f) section 22, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in section 22(2), permitted an inspector to serve a prohibition notice in any case where—

(i) a responsible person has failed to comply with the requirements of these Regulations in relation to UK marking; and

(ii) the responsible person—

(aa) has been served with a notice under regulation 21(3), or an improvement notice under section 21, in respect of that failure; and

(bb) has continued to fail to comply with those requirements after the period for remedying the contravention specified in the improvement notice;

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

(h) in section 33—

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

(ii) subsection (1A) were omitted;

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

(iv) subsection (2A) were omitted;

(v) for subsection (3) there were substituted the following—

(3) A person guilty of an offence under any paragraph of subsection (1) not mentioned in subsection (2), or of an offence under subsection (1)(e) not falling within subsection (2), 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

(vi) subsection (4) were omitted;

(i) in section 34—

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

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

(j) in section 42, subsections (4) and (5) were omitted.

Powers of the Health and Safety Executive for Northern Ireland as an enforcement authority

9

In relation to the enforcement of these Regulations by the Health and Safety Executive for Northern Ireland—

(a) Articles 21 to 33 , 35, 36, 38 and 39 of the 1978 Order shall apply as provided in paragraph 10; and

(b) Articles 34(1) and (2) and 34A of the 1978 Order shall apply in relation to offences under Article 31 as applied in relation to these Regulations and modified by paragraph 10.

10

For the purposes of the enforcement of these Regulations by the Health and Safety Executive for Northern Ireland, and in respect of any related proceedings for contravention of these Regulations, the provisions specified in paragraph 9 shall apply as if—

(a) references to relevant statutory provisions were references to those provisions as modified by this paragraph and to these Regulations;

(b) references to articles, substances, articles and substances, or plant, were references to machinery or partly completed machinery, or a machine or partly completed machine, as the context may require;

(c) references to an “enforcing authority” or to its field of responsibility (however expressed) or to “the Department concerned” were to the Health and Safety Executive for Northern Ireland;

(d) in Article 22, paragraph (3) were omitted;

(e) Article 24, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in Article 24(2), permitted an inspector to serve a prohibition notice in any case where—

(i) a responsible person has failed to comply with the requirements of these Regulations in relation to UK marking; and

(ii) the responsible person—

(aa) has been served with a notice under regulation 21(3), or an improvement notice under Article 23, in respect of that failure; and

(bb) has continued to fail to comply with those requirements after the period for remedying the contravention specified in the improvement notice;

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

(g) in Article 31—

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

(ii) paragraph (1A) were omitted;

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

(iv) paragraph (2A) were omitted;

(v) 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

(vi) paragraph (5) were omitted;

(h) in Article 32—

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

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

(i) in Article 39, paragraphs (4) and (5) were omitted.

Powers of other enforcement authorities

11

In relation to the enforcement of these Regulations by local weights and measures authorities, Northern Ireland district councils or the Secretary of State—

(a) sections 14, 15, ...35, 37 , 44 and 47 of the 1987 Act shall apply as provided in paragraph 12;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

For the purposes of the enforcement of these Regulations by local weights and measures authorities, Northern Ireland district councils or the Secretary of State, and in respect of any related proceedings for contravention of these Regulations, the provisions specified in paragraph 11 shall apply as if—

(a) references to safety provisions were references to these Regulations;

(b) references to goods were references to machinery or partly completed machinery, or a machine or partly completed machine, as the context may require;

(c) references to an “enforcement authority” were to the local weights and measures authority or Northern Ireland district council concerned, or to the Secretary of State, as appropriate;

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

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In relation to proceedings for an offence in relation to machinery or partly completed machinery which is not for use at work—

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

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

(ii) references to an “enforcing authority” were references to local weights and measures authorities and the Secretary of State, and “responsible enforcing authority” were construed accordingly;

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

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

(b) in Northern Ireland, Article 32 of the 1978 Order shall apply as if—

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

(ii) references to an “enforcing authority” were references to Northern Ireland district councils, and “responsible enforcing authority” were construed accordingly;

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

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

Forfeiture: England and Wales and Northern Ireland

14

(1) An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any machinery or partly completed machinery on the grounds that there has been a contravention of regulation 7 or 8 in relation to it.

(2) An application under this paragraph may be made to a magistrates' court—

(a) where proceedings have been brought in that court in respect of an offence in relation to some or all of the machinery or partly completed machinery under regulation 22;

(b) where an application with respect to some or all of the machinery or partly completed machinery has been made to that court under section 15 or 33 of the 1987 Act as applied for the purposes of the enforcement of these Regulations by paragraph 11; and

(c) by way of complaint, where no application for the forfeiture of the machinery or partly completed machinery has been made under sub-paragraph (a) or (b).

(3) On an application under this paragraph the court shall make an order for the forfeiture of the machinery or partly completed machinery only if satisfied that there has been a contravention of regulation 7 or 8 in relation to it.

(4) A court may infer for the purposes of this paragraph that there has been a contravention of regulation 7 or 8 in relation to any machinery or partly completed machinery if satisfied that either of those regulations has been contravened in relation to a machine or partly completed machine which is representative of that machinery or partly completed machinery (whether by reason of its 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, or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

(6) Subject to sub-paragraph (7), where any machinery or partly completed 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 machinery or partly completed 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 machinery or partly completed machinery to any person otherwise than—

(i) to a person who carries on a business of buying machinery or partly completed machinery of the same description as that machinery or partly completed machinery and repairing or reconditioning it; or

(ii) as scrap (that is to say, for the value of materials included in the machinery or partly completed machinery rather than for the value of the machinery or partly completed 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 11) which has been made against that person in the proceedings for the order for forfeiture.

Forfeiture: Scotland

15

(1) In Scotland a sheriff may make an order for forfeiture of any machinery or partly completed machinery in relation to which there has been a contravention of any provision of regulation 7 or 8—

(a) on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”); 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) shall serve on any person appearing to the procurator-fiscal to be the owner of, or otherwise to have an interest in, machinery or partly completed machinery to which the application relates a copy of the application, together with a notice giving that person the opportunity to appear at the hearing of the application to show cause why the machinery or partly completed machinery should not be forfeited.

(3) Service under sub-paragraph (2) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the 1995 Act.

(4) Any person upon whom a notice is served under sub-paragraph (2) and any other person claiming to be the owner of, or otherwise to have an interest in, the machinery or partly completed 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 machinery or partly completed machinery should not be forfeited.

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

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

(b) if no notice under sub-paragraph (2) 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 satisfied that there has been a contravention in relation to the machinery or partly completed machinery of regulation 7 or 8.

(7) The sheriff may infer for the purposes of this paragraph that there has been a contravention of regulation 7 or 8 in relation to any machinery or partly completed machinery if satisfied that either of those regulations has been contravened in relation to a machine or partly completed machine which is representative of that machinery or partly completed 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 machinery or partly completed machinery is made following an application by the procurator-fiscal under sub-paragraph (1)(a), 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 182(5)(a) to (e) of the 1995 Act shall apply to an appeal under this sub-paragraph as it applies to a stated case under Part 10 of that Act.

(9) An order following an application under sub-paragraph (1)(a) 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) 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 1995 Act; or

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

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

(12) The sheriff may direct the machinery or partly completed machinery to be released to such person as the sheriff 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 machinery or partly completed machinery of the same description as that machinery or partly completed machinery and repairing or reconditioning it; or

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

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

16

Any enforcement authority (other than the Secretary of State) which takes action (whether under these Regulations or otherwise) to prohibit or restrict the placing on the market or putting into service of any machinery or partly completed machinery which bears the UK marking must immediately inform the Secretary of State of the action taken, and the reasons for it. ....

Savings

17

(1) Nothing in these Regulations prevents an enforcement authority from taking any action (whether by way of investigation, prosecution or otherwise) which it is permitted to take in relation to machinery or partly completed machinery under or by virtue of the 1974 Act, the 1978 Order or the 1987 Act.

(2) To the extent that an enforcement authority takes action in relation to machinery or partly completed machinery under or by virtue of the 1974 Act, the 1978 Order or the 1987 Act, and not under these Regulations, any modification made to those Acts by these Regulations shall be disregarded.

18

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

SCHEDULE 6 — AMENDMENTS TO THE LIFTS REGULATIONS 1997

1

In this Schedule, any reference to a regulation or Schedule is a reference to the relevant regulation of or Schedule to the Lifts Regulations 1997.

2

For regulation 2(1)(b) there shall be substituted the following—

(b) except for the reference to the European Union in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the European Economic Area, and a reference to a member State includes a reference to an EEA state which is not a member State; and

3

In regulation 2(1)(c)(ii), for “Directive 98/37/EC” there shall be substituted “ Directive 2006/42/EC ”.

4

Before the definition of “CE marking” in regulation 2(2), there shall be inserted—

“carrier” means a part of a lift by which persons or goods are transported in order to be lifted or lowered;

5

The following shall be substituted for the definition of “lift” in regulation 2(2)—

“lift” means a lifting appliance— 1. serving specific levels, 2. having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, and 3. intended for the transport of— 1. persons, 2. persons and goods, or 3. goods alone, if the carrier is— 4. accessible, that is to say a person may enter it without difficulty, and 5. fitted with controls situated inside the carrier or within reach of a person inside the carrier, but lifting appliances moving along a fixed course even where they do not move along guides which are rigid shall be considered as lifts falling within the scope of these Regulations..

6

In Schedule 1—

(a) for each of the references to “Directive 98/37/EC” in the heading and text of section 1.1, and in the text of section 5, of Annex I to the Lifts Directive (Directive 95/16/EC), there shall be substituted a reference to “ Directive 2006/42/EC ”, and the references to other directives in the heading to section 1.1 of that Annex shall be deleted; and

(b) for section 1.2, the following shall be substituted—

The carrier of each lift must be a car. This car must be designed and constructed to offer the space and strength corresponding to the maximum number of persons and the rated load of the lift set by the installer. Where the lift is intended for the transport of persons, and where its dimensions permit, the car must be designed and constructed in such a way that its structural features do not obstruct or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate its use by them.

7

For the lifts specified in Schedule 14 (Excluded lifts) there shall be substituted the following—

(1) Lifting appliances whose speed is not greater than 0.15m/s. (2) Construction site hoists. (3) Cableways, including funicular railways. (4) Lifts specially designed and constructed for military or police purposes. (5) Lifting appliances from which work can be carried out. (6) Mine winding gear. (7) Lifting appliances intended for lifting performers during artistic performances. (8) Lifting appliances fitted in means of transport. (9) Lifting appliances connected to machinery and intended exclusively for access to workstations including maintenance and inspection points on the machinery. (10) Rack and pinion trains. (11) Escalators and mechanical walkways.

SCHEDULE 7 — OTHER AMENDMENTS

The Provision and Use of Work Equipment Regulations 1998

1

In Schedule 1 to the Provision and Use of Work Equipment Regulations 1998 —

(a) the entry relating to the 1992 Regulations shall be deleted; and

(b) a new entry shall be inserted at the end, as follows—

(i) in the first column: “The Supply of Machinery (Safety) Regulations 2008”; and

(ii) in the second column, the S.I. number of these Regulations.

The Lifting Operations and Lifting Equipment Regulations 1998

2

In regulation 2(1) of the Lifting Operations and Lifting Equipment Regulations 1998 —

(a) the definition of “the 1992 Regulations” shall be deleted; and

(b) in sub-paragraph (a) of the definition of “EC declaration of conformity”, for “regulation 22 of the 1992 Regulations”, there shall be substituted “ section A of part 1 of Part 2 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008 ”.

The Pressure Equipment Regulations 1999

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

4

(1) For regulation 2(1)(b) of the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 (“the 2001 Regulations”), there shall be substituted—

(b) except for the reference to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the European Economic Area, and a reference to a member State includes a reference to an EEA state which is not a member State; and

(2) For the definition of “equipment for use outdoors”, in regulation 2(2) of the 2001 Regulations there shall be substituted the following—

“equipment for use outdoors” means all the kinds of machinery referred to in Article 2(a), (b) and (c) of Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC, that is to say— 1. assemblies which fall within one of the following descriptions— 1. an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application; 2. an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion; 3. an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure; 4. assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole; 5. an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort; 2. devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”); and 3. components— 1. which serve to fulfil a safety function; 2. which are independently placed on the market; 3. the failure or malfunction of which endangers the safety of persons; and 4. which are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function, to the extent that they are either self-propelled or can be moved and which, irrespective of the driving element(s), are intended to be used, according to their type, in the open air and which contribute to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;.

(3) In regulation 3(2) of the 2001 Regulations, for “paragraphs 1.5.8 and 1.7.4(f) of Schedule 3 to the Supply of Machinery (Safety) Regulations 1992” there shall be substituted “ sections 1.5.8 and 1.7.4(u) of Part 1 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008 ”.

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

5

In Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 a new entry shall be inserted at the end, as follows—

The Supply of Machinery (Safety) Regulations 2008.

The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

6

In Schedule 1 to the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 —

(a) the entry relating to the 1992 Regulations shall be deleted; and

(b) a new entry shall be inserted at the end, as follows—

(i) in the left-hand column: “The Supply of Machinery (Safety) Regulations 2008”; and

(ii) in the right-hand column, the S.I. number of these Regulations.

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

7

In Part 3 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 , in the reference to the 1992 Regulations under the heading “Public health and safety”, “2008” shall be substituted for “ 1992 ” and the associated footnote.

Signed

Gareth Thomas — Parliamentary Under Secretary of State for Trade and Consumer Affairs, — 2008-06-19

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2007/1679 (machinery etc) and S.I. 1996/1912 (lifts etc).

[^f00002]: 1972 c.68.

[^f00003]: O.J. No. L 157, 9.6.2006, p.24, with corrigendum at O.J. No. L 76, 16.3.2007, p.35.

[^f00004]: By virtue of Decision No. 6/2007 of the EEA Joint Committee: O.J. No. L 209, 9.8.2007, p.8.

[^f00005]: 1974 c.37.

[^f00006]: S.I. 1978/1039 (N.I. 9).

[^f00007]: 1987 c.43.

[^f00008]: S.I. 1992/3073, amended by S.I. 1994/2063, S.I. 2004/693 and S.I. 2005/831.

[^f00009]: S.I. 2006/557, to which there are amendments not relevant to these Regulations.

[^f00010]: O.J. No. L 204, 21.7.1998, p.37, as amended by Directives 98/48/EC (O.J. No. L 217, 5.8.1998, p.18) and 2006/96/EC (O.J. No. L 363, 20.12.2006, p.81).

[^f00011]: S.I. 1997/831, amended by S.I. 2004/693 and S.I. 2005/831.

[^f00012]: 1954 c.70.

[^f00013]: 1969 c.6.

[^f00014]: S.I. 1956/1771.

[^f00015]: S.I. 1956/1778.

[^f00016]: S.I. 1960/1015.

[^f00017]: S.I. 1988/1655.

[^f00018]: S.R. 1989 No. 320.

[^f00019]: S.I. 1989/635.

[^f00020]: S.R. 1991 No. 13.

[^f00021]: S.I. 1972/472.

[^f00022]: O.J. No. L 374, 27.12.2006, p.10.

[^f00023]: O.J. No. L 171, 9.7.2003, p.1.

[^f00024]: O.J. No. L 263, 9.10.2007, p.1.

[^f00025]: O.J. No. L 49, 22.2.2003, p.23.

[^f00026]: O.J. No. L 374, 27.12.2006, p.10.

[^f00027]: Sections 18, 27, 28 and 34(1) were amended by S.I. 2008/960. Section 20(7) was amended by the Civil Partnership Act 2004 (c.33), section 261(1) and Schedule 27, paragraph 49. Sections 22 and 28(1)(a) were amended, and sections 25A and 27A were inserted, by section 36 of, and Schedule 3 to, the 1987 Act. Section 23(4) was amended by the Fire and Rescue Services Act 2004 (c.21), Schedule 1, paragraph 44 and by S.I. 2005/1541, S.I. 2006/475, and (in relation to Scotland) S.S.I. 2005/383. Section 24 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c.8). Section 27 was amended by the Employment Act 1989 (c.38), Schedule 6, paragraph 10 and Schedule 7, Part I. Section 27A was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 18. Section 28(1)(a) was amended by section 105(2) of the Railways and Transport Safety Act 2003 (c.20). Subsections (3), (4) and (5) of section 28 were amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 30(6); subsection (3)(c) was also amended by the Water Act 1989 (c.15), Schedule 25, paragraph 46, and (in relation to Scotland) by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 93 and S.I. 2004/1822. Section 28(3)(f) was inserted by S.I. 2004/3363. Section 28(5) was amended by the Water Act 1989, Schedule 25, paragraph 46, S.I. 2004/1822 and S.I. 2004/3363. Section 28(6) was amended by the Local Government Act 1985 (c.51), Schedule 14, paragraph 52, by the Education Reform Act 1988 (c.40), Schedule 13, Part I, by the Greater London Authority Act 1999 (c.29), Schedule 29, Part I, paragraph 23, and by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 13, Part 2, paragraph 32. Section 28(9) was inserted by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 9. Section 28(9A) was inserted by S.I. 2004/3363. Section 28(10) was inserted by the Norfolk and Suffolk Broads Act 1988 (c.4), Schedule 6, paragraph 13, and substituted by the Environment Act 1995, Schedule 10, paragraph 12. Section 33(2) was amended by section 31 of, and Schedule 6 to, the Criminal Law Act 1977 (c.45) and sections 37 and 46 of the Criminal Justice Act 1982 (c.48).

[^f00028]: Section 33 was amended by the Employment Protection Act 1975, Schedule 15, paragraph 11 and Schedule 18, by section 32(2) of the Magistrates’ Courts Act 1980 (c.43), by the Forgery and Counterfeiting Act 1981 (c.45), Schedule, Part I, by section 36 of, and Schedule 3 to, the 1987 Act, and by section 4 of the Offshore Safety Act 1992 (c.15). In section 34, subsection (5) was amended by section 461(1) of, and Schedule 9, paragraph 51 to, the Criminal Procedure (Scotland) Act 1975 (c.21); and subsection (6) was inserted, in relation to Scotland, by the Gas Act 1986 (c.44), Schedule 7, paragraph 18.

[^f00029]: All these provisions were modified by S.R. (NI) 2000/87, S.R. (NI) 2000/120 and section 1 of the Railway Safety Act (Northern Ireland) 2002 (c.8 (N.I.)). Article 22(7) was amended by the Civil Partnerships Act 2004 (c.33). Article 26(4) was repealed by Article 35 of, and Schedule 4 to, the Industrial Training (Northern Ireland) Order 1984 (S.I. 1984/1159 (N.I. 9)). Articles 27A and 29A were inserted, and Articles 30(1)(a) and 31(1)(h) amended, by Article 28 of, and Schedule 2 to, the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20)). Article 29(1) was amended, and Article 31(3) was repealed, by the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/2795 (N.I. 18)), Schedule 1, paragraphs 14 and 15 respectively. Articles 29(2) to (4) were repealed, and Article 31(1)(j) was amended, by Article 10(1)(c) of the Statistics of Trade and Employment (Northern Ireland) Order 1988 (S.I. 1988/595 (N.I. 3)). Article 29A was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 19. Article 31(1)(m) was amended by Article 13(3) of, and Schedule 5 to, the Criminal Justice (Northern Ireland) Order 1986 (S.I. 1986/1883 (N.I. 15)). Article 31(5)(d) and (6) was repealed by Article 6(6) of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 (S.I. 1992/1728 (N.I. 17)). Article 31(7) was repealed by Part III of the Schedule to the Forgery and Counterfeiting Act 1981 (c.45). There are other amendments to these provisions which are not relevant to these Regulations.

[^f00030]: Article 34A was inserted by the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/2795 (N.I. 18)), Schedule 1, paragraph 16.

[^f00031]: Section 37 was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 36.

[^f00032]: Section 47(2) was amended by the Civil Partnerships Act 2004 (c.33), Schedule 27, paragraph 126.

[^f00033]: Section 39(5) was amended by S.I. 2005/1803.

[^f00034]: S.I. 1998/2306, amended by S.I. 2005/831; there are other amending instruments but none is relevant.

[^f00035]: S.I. 1998/2307, amended by S.I. 2005/831; there are other amending instruments but none is relevant.

[^f00036]: S.I. 1999/2001, to which there are amendments not relevant to these Regulations.

[^f00037]: S.I. 2001/1701, amended by S.I. 2001/3958; there are other amending instruments but none is relevant.

[^f00038]: S.I. 2004/693, to which there are amendments not relevant to these Regulations.

[^f00039]: S.I. 2006/2183.

[^f00040]: S.I. 2007/3544, to which there are amendments not relevant to these Regulations.

Conformity assessment procedures

Machinery not referred to in Annex IV

Annex IV machinery manufactured fully in accordance with designated standards and fully covered by such standards

Annex IV machinery not manufactured fully in accordance with designated standards or not fully covered by such standards

GENERAL PRINCIPLES


1.	The responsible person must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment.	The responsible person must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment.	The responsible person must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment.	The responsible person must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment.

	By the iterative process of risk assessment and risk reduction referred to above, the responsible person shall:	By the iterative process of risk assessment and risk reduction referred to above, the responsible person shall:	By the iterative process of risk assessment and risk reduction referred to above, the responsible person shall:	By the iterative process of risk assessment and risk reduction referred to above, the responsible person shall:

		determine the limits of the machinery, which include the intended use and any reasonably foreseeable misuse thereof,	determine the limits of the machinery, which include the intended use and any reasonably foreseeable misuse thereof,	determine the limits of the machinery, which include the intended use and any reasonably foreseeable misuse thereof,

		identify the hazards that can be generated by the machinery and the associated hazardous situations,	identify the hazards that can be generated by the machinery and the associated hazardous situations,	identify the hazards that can be generated by the machinery and the associated hazardous situations,

		estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence,	estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence,	estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence,

		evaluate the risks, with a view to determining whether risk reduction is required, in accordance with the objective of the Directive,	evaluate the risks, with a view to determining whether risk reduction is required, in accordance with the objective of the Directive,	evaluate the risks, with a view to determining whether risk reduction is required, in accordance with the objective of the Directive,

		eliminate the hazards or reduce the risks associated with these hazards by application of protective measures, in the order of priority established in section 1.1.2(b) of this Annex.	eliminate the hazards or reduce the risks associated with these hazards by application of protective measures, in the order of priority established in section 1.1.2(b) of this Annex.	eliminate the hazards or reduce the risks associated with these hazards by application of protective measures, in the order of priority established in section 1.1.2(b) of this Annex.

2.	The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the responsible person or in foreseeable abnormal situations. In any event, the principles of safety integration referred to in section 1.1.2 of this Annex and the obligations concerning marking of machinery and instructions referred to in sections 1.7.3 and 1.7.4 of this Annex apply.	The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the responsible person or in foreseeable abnormal situations. In any event, the principles of safety integration referred to in section 1.1.2 of this Annex and the obligations concerning marking of machinery and instructions referred to in sections 1.7.3 and 1.7.4 of this Annex apply.	The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the responsible person or in foreseeable abnormal situations. In any event, the principles of safety integration referred to in section 1.1.2 of this Annex and the obligations concerning marking of machinery and instructions referred to in sections 1.7.3 and 1.7.4 of this Annex apply.	The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the responsible person or in foreseeable abnormal situations. In any event, the principles of safety integration referred to in section 1.1.2 of this Annex and the obligations concerning marking of machinery and instructions referred to in sections 1.7.3 and 1.7.4 of this Annex apply.

3.	The essential health and safety requirements laid down in this Annex are mandatory. However, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the machinery must, as far as possible, be designed and constructed with the purpose of approaching these objectives.	The essential health and safety requirements laid down in this Annex are mandatory. However, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the machinery must, as far as possible, be designed and constructed with the purpose of approaching these objectives.	The essential health and safety requirements laid down in this Annex are mandatory. However, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the machinery must, as far as possible, be designed and constructed with the purpose of approaching these objectives.	The essential health and safety requirements laid down in this Annex are mandatory. However, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the machinery must, as far as possible, be designed and constructed with the purpose of approaching these objectives.

4.	This Annex is organised in several parts. The first one is of general scope and applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4.	This Annex is organised in several parts. The first one is of general scope and applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4.	This Annex is organised in several parts. The first one is of general scope and applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4.	This Annex is organised in several parts. The first one is of general scope and applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4.

1. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

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