The Supply of Machinery (Safety) Regulations 2008

This Annex describes the conformity assessment of machinery referred to in Annex IV (Part 4 of this Schedule), manufactured using a full quality assurance system, and the procedure whereby a notified body assesses and approves the quality system and monitors its application.

1.	The manufacturer must operate an approved quality system for design, manufacture, final inspection and testing, as specified in point 2 of this Annex, and shall be subject to the surveillance referred to in point 3 of this Annex.
2.	Quality system
2.1.	An application for assessment of a quality system shall be lodged by the responsible person with a notified body chosen by the responsible person. The application shall contain: the name and address of the manufacturer and, where appropriate, the manufacturer’s authorised representative, the places of design, manufacture, inspection, testing and storage of the machinery, the technical file described in Annex VII (Part 7 of this Schedule), part A, for one model of each category of machinery referred to in Annex IV (Part 4 of this Schedule) which the manufacturer intends to manufacture, the documentation on the quality system, a written declaration that the application has not been submitted to another notified body.
2.2.	The quality system must ensure conformity of the machinery with the provisions of the Directive. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner, in the form of measures, procedures and written instructions. The documentation on the quality system must permit a uniform interpretation of the procedural and quality measures, such as quality programmes, plans, manuals and records. It must contain, in particular, an adequate description of: the quality objectives, the organisational structure, and the responsibilities and powers of the management with regard to the design and quality of the machinery, the technical design specifications, including standards that will be applied and, where published harmonised standards are not applied in full, the means that will be used to ensure that the essential health and safety requirements are fulfilled, the design inspection and design verification techniques, processes and systematic actions that will be used when designing machinery covered by the Directive, the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used, the inspections and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out, the quality records, such as inspection reports and test data, calibration data, and reports on the qualifications of the personnel concerned, the means of monitoring the achievement of the required design and quality of the machinery, as well as the effective operation of the quality system.
2.3.	The notified body shall assess the quality system to determine whether it satisfies the requirements of point 2.2 of this Annex. The elements of the quality system which conform to the relevant harmonised standard shall be presumed to conform to the corresponding requirements referred to in point 2.2. The team of auditors must have at least one member who is experienced in the assessment of the technology of the machinery. The assessment procedure shall include an inspection to be carried out at the manufacturer’s premises. During the assessment, the team of auditors shall carry out a review of the technical files referred to in the third indent of the second paragraph of point 2.1 of this Annex, to ensure their compliance with the applicable health and safety requirements. The responsible person shall be notified of the decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision. An appeal procedure must be available.
2.4.	The manufacturer shall undertake to fulfil the obligations arising from the quality system as approved and to ensure that it remains appropriate and effective. The responsible person shall inform the notified body which approved the quality system of any planned change to it. The notified body shall evaluate the proposed changes and decide whether the modified quality assurance system will continue to satisfy the requirements referred to in point 2.2, or whether a re-assessment is necessary. It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.
3.	Surveillance under the responsibility of the notified body
3.1.	The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.
3.2.	The manufacturer shall, for inspection purposes, allow the notified body access to the places of design, manufacture, inspection, testing and storage, and shall provide it with all necessary information, such as: the documentation concerning the quality system, the quality records provided for in that part of the quality system concerned with design, such as the results of analyses, calculations, tests, etc., the quality records provided for in that part of the quality system concerned with manufacture, such as inspection reports and test data, calibration data, reports on the qualifications of the personnel concerned, etc.
3.3.	The notified body shall conduct periodic audits to make sure that the manufacturer is maintaining and applying the quality system; it shall provide the manufacturer with an audit report. The frequency of the periodic audits shall be such that a full reassessment is carried out every three years.
3.4.	Moreover, the notified body may pay the manufacturer unannounced visits. The need for these additional visits and their frequency will be determined on the basis of a visit monitoring system managed by the notified body. In particular, the following factors will be taken into account in the visits monitoring system: the results of previous surveillance visits, the need to monitor remedial measures, where appropriate, special conditions attaching to approval of the system, significant modifications in the organisation of the manufacturing process, measures or techniques. On the occasion of such visits, the notified body may, if necessary, carry out tests or have them carried out in order to check the proper functioning of the quality system. It shall provide the manufacturer with a visit report and, if a test was carried out, with a test report.
4.	The responsible person shall keep available for the national authorities, for a period of ten years from the last date of manufacture: the documentation referred to in point 2.1 of this Annex, the decisions and reports of the notified body referred to in the third and fourth subparagraphs of point 2.4 of this Annex, and in points 3.3 and 3.4 of this Annex.

PART 11 — Annex XI: Minimum criteria to be taken into account by Member States for the notification the Secretary of State for approval of bodies

1.	The body, its director and the staff responsible for carrying out the verification tests shall not be the designer, manufacturer, supplier or installer of machines which they inspect, nor the authorised representative of any of these parties. They shall not become involved, either directly or as authorised representatives, in the design, construction, marketing or maintenance of the machines. This does not preclude the possibility of exchanges of technical information between the manufacturer and the body.	The body, its director and the staff responsible for carrying out the verification tests shall not be the designer, manufacturer, supplier or installer of machines which they inspect, nor the authorised representative of any of these parties. They shall not become involved, either directly or as authorised representatives, in the design, construction, marketing or maintenance of the machines. This does not preclude the possibility of exchanges of technical information between the manufacturer and the body.
2.	The body and its staff shall carry out the verification tests with the highest degree of professional integrity and technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of the inspection, especially from persons or groups of persons with an interest in the result of verifications.	The body and its staff shall carry out the verification tests with the highest degree of professional integrity and technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of the inspection, especially from persons or groups of persons with an interest in the result of verifications.
3.	For each category of machinery for which it is notified approved, the body must possess personnel with technical knowledge and sufficient and appropriate experience to perform a conformity assessment. It must have the means necessary to complete the technical and administrative tasks connected with implementation of the checks in an appropriate manner; it must also have access to the equipment necessary for the exceptional checks.	For each category of machinery for which it is notified approved, the body must possess personnel with technical knowledge and sufficient and appropriate experience to perform a conformity assessment. It must have the means necessary to complete the technical and administrative tasks connected with implementation of the checks in an appropriate manner; it must also have access to the equipment necessary for the exceptional checks.
4.	The staff responsible for inspection shall have:	The staff responsible for inspection shall have:
		sound technical and vocational training,
		satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests,
		the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.
5.	The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number of tests carried out or on the results of such tests.	The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number of tests carried out or on the results of such tests.
6.	The body shall satisfy the Secretary of State that it has adequate civil liability insurance.	The body shall satisfy the Secretary of State that it has adequate civil liability insurance.
7.	The staff of the body shall be bound to observe professional secrecy with regard to all information obtained in carrying out its tasks (except vis-à-vis the Secretary of State) under these Regulations.	The staff of the body shall be bound to observe professional secrecy with regard to all information obtained in carrying out its tasks (except vis-à-vis the Secretary of State) under these Regulations.
8.	Notified approved bodies shall participate in coordination activities. They shall also take part directly or be represented in European standardisation, or ensure that they know the situation in respect of relevant standards.	Notified approved bodies shall participate in coordination activities. They shall also take part directly or be represented in European standardisation, or ensure that they know the situation in respect of relevant standards.

SCHEDULE 3 — PRODUCTS TO WHICH THE REGULATIONS DO NOT APPLY

1

These Regulations do not apply to—

• (a) safety components which are—

• (i) intended to be used as spare parts to replace identical components; and

• (ii) supplied by the manufacturer of the original machinery;

• (b) equipment specifically for use in fairgrounds and/or amusement parks;

• (c) machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity;

• (d) weapons, including firearms;

• (e) subject to paragraph 2, the following means of transport—

• (i) agricultural and forestry tractors, in respect of the risks covered by Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time;

• (ii) motor vehicles and trailers as defined in Article 3(16) and (17) 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;

• (iii) vehicles covered by Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time;

• (iv) motor vehicles exclusively intended for competition; and

• (v) means of transport by air, on water and on rail networks,

• (f) seagoing vessels, mobile offshore units and machinery installed on board such vessels or units;

• (g) machinery specially designed and constructed for military or police purposes;

• (h) machinery specially designed and constructed for research purposes for temporary use in laboratories;

• (i) mine winding gear;

• (j) machinery intended to move performers during artistic performances;

• (k) electrical and electronic products falling within the following areas, insofar as they are covered by The Electrical Equipment (Safety) Regulations 2016 relating to electrical equipment designed for use within certain voltage limits—

• (i) household appliances intended for domestic use,

• (ii) audio and video equipment,

• (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

• (c) machinery mounted on the means of transport specified in paragraph 1(e)(v).

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;

• (c) forward the notice of appeal, endorsed with the date of receipt, to the Appeal Officer; and

• (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;

• (c) contain a schedule listing any documents annexed to it;

• (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;

• (c) hold any meeting or hearing; and

• (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

• (c) remit the decision to the respondent.

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

• (c) the appellant is not entitled to bring the appeal.

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

• (c) remit a decision to the respondent.

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

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