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The Lifts Regulations 2016

Type Statutory-Instrument

Publication 2016-11-15

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 15th November 2016

Laid before Parliament: 16th November 2016

Coming into force: 8th December 2016

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act in relation to measures relating to lifts and safety components for use in lifts.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

PART 1 — Preliminary

Citation and commencement

1

These Regulations may be cited as the Lifts Regulations 2016 and come into force on 8th December 2016 (“the commencement date”).

Interpretation

2

(1) In these Regulations—

the “1974 Act” means the Health and Safety at Work etc. Act 1974 ;

the “1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 ;

the “1987 Act” means the Consumer Protection Act 1987 ;

the “1997 Regulations” means the Lifts Regulations 1997 ;

“approved body” has the meaning given to it in regulation 51 (approved bodies);

“authorised representative” means a person established in the United Kingdom appointed in accordance with regulation 24(1);

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

“conformity assessment” means the process demonstrating whether the essential health and safety requirements relating to a lift or a safety component for lifts have been fulfilled;

“conformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with— in relation to lifts, regulation 8(1)(a) (declaration of conformity and UK marking: installer); andin relation to safety components for lifts, regulation 17(1)(a) (declaration of conformity and UK marking: manufacturer);

the “Department” means the Department for the Economy in Northern Ireland;

“designated standard” has the meaning given to it in regulation 2A;

the “Directive” means Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the member States relating to lifts and safety components for lifts (recast) ...;

“distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a safety component for lifts available on the market;

“economic operator” means an installer, manufacturer, authorised representative, importer or distributor;

“enforcing authority” means any person enforcing these Regulations under regulation 61 (enforcement);

“essential health and safety requirements” means the requirements set out in Schedule 1 (essential health and safety requirements);

“importer” means a person who—is established in the United Kingdom and places a safety component for lifts from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places a safety component for lifts on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

“installer” means a person who takes responsibility for the design, manufacture, installation and placing on the market of a lift;

“lift” means a lifting appliance—serving specific levels,having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, or along a fixed course even where it does not move along rigid guides, and,intended for the transport of—persons,persons and goods, orgoods alone, if the carrier is accessible, that is to say a person may enter it without difficulty, and fitted with controls situated inside the carrier or within reach of a person inside the carrier;

“make available on the market” means the supply of a safety component for lifts for distribution, consumption or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“manufacturer” means a person who—manufactures a safety component for lifts, or has such a safety component designed or manufactured; andmarkets that safety component under that person's name or trade mark;

“market surveillance authority” has the meaning set out in regulation 60 (designation of market surveillance authority);

“model lift” means a representative lift whose technical documentation shows the way in which the essential health and safety requirements will be met for lifts that conform to the model lift defined by objective parameters and which uses identical safety components for lifts;

“place on the market” means—make a safety component for lifts available on the market of Great Britain for the first time; orsupply a lift for use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge,and related expressions must be construed accordingly;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

“recall” means—in relation to a lift, any measure aimed at achieving the dismantling and safe disposal of a lift; andin relation to a safety component for lifts, any measure aimed at achieving the return of a safety component for lifts that has already been made available to the installer or to the end-user,and related expressions must be construed accordingly;

“relevant conformity assessment procedure” means—in relation to lifts, a conformity assessment procedure referred to in regulation 47 (conformity assessment procedures for lifts); andin relation to safety components for lifts, a conformity assessment procedure referred to in regulation 48 (conformity assessment procedures for safety components for lifts);

“relevant economic operator” means, in relation to a lift or a safety component for lifts, an economic operator who has obligations in respect of that lift or safety component under Part 2;

“safety component for lifts” means a component for lifts listed in Schedule 3 ...;

“technical documentation” has the meaning set out—in relation to lifts, in regulation 7(b) (technical documentation and conformity assessment); orin relation to safety components for lifts, regulation 16(b) (technical documentation and conformity assessment);

“technical specification” means a document that prescribes technical requirements to be fulfilled by a lift or a safety component for lifts;

“UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

“withdraw” means taking any measure aimed at preventing a safety component for lifts in the supply chain from being made available on the market and related expressions must be construed accordingly.

(1A) Schedules 11 to 19 reproduce the provisions of Annexes IV to XII to the Directive (respectively) with amendments to correct deficiencies in assimilated law.

(1B) A reference to any provision of Schedules 11 to 19 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.

(2) In these Regulations, a reference to a lift or a safety component for lifts being “in conformity with Part 2” means that—

(a) the lift or the safety component for lifts is in conformity with the essential health and safety requirements; and

(b) each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they place the lift on the market or make the safety component for lifts available on the market.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In these Regulations, “risk” means a risk to the health and safety of persons and, where appropriate, to the safety of property, except in—

(a) regulation 11 (monitoring of lifts placed on the market);

(b) regulation 21 (monitoring of safety components for lifts made available on the market);

(d) Schedule 1 (essential health and safety requirements).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scope and application

3

(1) Subject to paragraph (2), these Regulations apply to—

(a) lifts permanently serving buildings or constructions; and

(b) safety components for use in such lifts.

(2) These Regulations do not apply to—

(a) lifts and safety components for lifts which have been placed on the market before the commencement date;

(b) the lifts specified in Schedule 2 (excluded lifts); and

(3) Nothing in these Regulations regarding the installation of a lift affects the application of the Construction Products Regulations 2013 .

Exception for trade fairs, exhibitions or demonstrations

4

Nothing in these Regulations prevents the showing of a lift or a safety component for lifts, which is not in conformity with Part 2, at a trade fair, exhibition or demonstration, provided that a visible sign clearly indicates that the lift or the safety component for lifts—

(a) is not in conformity with Part 2; and

(b) will not be placed on the market or made available on the market until it is brought into conformity with Part 2.

Lifts where risks are wholly or partly covered by other EU law

5

These Regulations do not apply to a lift or a safety component for lifts insofar as and to the extent that the essential health and safety requirements relate to risks wholly or partly covered by other specific enactments applicable to that lift or safety component.

PART 2 — Obligations of economic operators

Installers

Design, manufacture, installation and testing in accordance with essential health and safety requirements

6

Before placing a lift on the market, an installer must ensure that it has been designed, manufactured, installed and tested in accordance with the essential health and safety requirements.

Technical documentation and conformity assessment

7

Before placing a lift on the market, an installer must—

(a) have a relevant conformity assessment procedure carried out; and

(b) draw up the technical documentation referred to—

(i) for a lift in respect of which the conformity assessment procedure in regulation 47(1)(a) is being carried out, in point 3 of Part B of Module B in Schedule 11;

(ii) for a lift in respect of which the conformity assessment procedure in regulation 47(1)(b) or 47(1)(d) is being carried out, in point 3.1(d) of Module H1 in Schedule 18;

(iii) for a lift in respect of which the conformity assessment procedure in regulation 47(1)(c) is being carried out, in point 3 of Module G in Schedule 15.

EU declaration of conformity and CE marking

8

(1) Where the conformity of a lift with the essential health and safety requirements has been demonstrated by a relevant conformity assessment procedure, before placing the lift on the market, the installer must—

(a) draw up a declaration of conformity in accordance with regulation 49 (... declaration of conformity);

(b) ensure that the declaration of conformity accompanies the lift; and

(2) The installer must keep the ... declaration of conformity up-to-date.

(3) Where a lift is subject to more than one enactment requiring the drawing up of a declaration of conformity, the installer must draw up a single declaration of conformity which identifies each enactment by its title.

Retention of technical documentation and ... declaration of conformity

9

An installer must keep the technical documentation, the ... declaration of conformity and, where applicable, any approval decision, drawn up in respect of a lift for a period of 10 years beginning on the day on which the lift is placed on the market.

Labelling and instructions

10

(1) Before placing a lift on the market, an installer must—

(a) ensure that it is labelled with—

(i) the name, registered trade name or registered trade mark of the installer;

(ii) a single postal address at which the installer can be contacted; and

(iii) the type, batch or serial number of the lift or other element allowing the lift to be identified; and

(b) ensure that it is accompanied by the instructions referred to in paragraph 7(2) of Schedule 1.

(2) the information referred to in paragraph (1) must be clear, legible and in easily understandable English.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring of lifts placed on the market

11

(1) When appropriate, having regard to the risks to the health and safety of end-users presented by a lift, the installer must investigate complaints that lifts installed by it are not in conformity with Part 2.

(2) An installer must keep a register and promptly make entries in that register of any—

(i) complaints; and

(ii) lifts that are not in conformity with Part 2.

(3) An installer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of lifts placed on the market which are considered not to be in conformity

12

(1) An installer who considers, or has reason to believe, that a lift which that installer has placed on the market is not in conformity with Part 2, must immediately take the corrective measures necessary to bring that lift into conformity.

(2) Where the lift presents a risk, the installer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the respect in which the lift is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Provision of information and cooperation

13

(1) Following a reasoned request from the enforcing authority, and within such period as the enforcing authority may specify, an installer must provide the authority with all the information and documentation necessary to demonstrate that a lift is in conformity with Part 2—

(a) in paper or electronic form; and

(b) in a language that can be easily understood by the enforcing authority.

(2) An installer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a) evaluate a lift in accordance with regulation 64 (evaluation of lifts or safety components for lifts presenting a risk); or

(b) eliminate the risks posed by a lift which the installer has placed on the market.

Specific duties relating to buildings or constructions in which lifts are installed

14

The person responsible for work on a building or construction where a lift is to be installed and the installer must—

(a) provide each other with the necessary information, and

(b) take the appropriate steps,

in order to ensure the proper operation and safe use of the lift, in particular they must take all necessary measures to ensure that shafts intended for lifts do not contain any piping or wiring or fittings other than that necessary for the operation and safety of the lift.

Manufacturers

Design and manufacture in accordance with essential health and safety requirements

15

Before placing a safety component for lifts on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential health and safety requirements.

Technical documentation and conformity assessment

16

Before placing a safety component for lifts on the market, a manufacturer must—

(a) have a relevant conformity assessment procedure carried out; and

(b) draw up the technical documentation referred to—

(i) for a safety component for lifts in respect of which the conformity assessment procedure in regulation 48(a) or 48(b) is being carried out, in point 3 of Part A of Module B in Schedule 11;

(ii) for a safety component for lifts in respect of which the conformity assessment procedure in regulation 48(c) is being carried out, in point 3.1(d) of Module H in Schedule 14.

EU declaration of conformity and CE marking

17

(1) Where the conformity of a safety component for lifts with the essential health and safety requirements has been demonstrated by a relevant conformity assessment procedure, before placing the safety component for lifts on the market, the manufacturer must—

(a) draw up a declaration of conformity in accordance with regulation 49 (...declaration of conformity);

(b) ensure that it accompanies the safety component for lifts; and

(2) The manufacturer must keep the ... declaration of conformity up-to-date.

(3) Where a safety component for lifts is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

Retention of technical documentation and ... declaration of conformity

18

A manufacturer must keep the technical documentation, the ... declaration of conformity and, where appropriate, any approval decision, drawn up in respect of a safety component for lifts for a period of 10 years beginning on the day on which the safety component for lifts is placed on the market.

Labelling and instructions

19

(1) Before placing a safety component for lifts on the market, a manufacturer must—

(a) ensure that it is labelled with—

(i) the name, registered trade name or registered trade mark of the manufacturer;

(ii) a single postal address at which the manufacturer can be contacted; and

(iii) the type, batch or serial number of the safety component for lifts or other element allowing the safety component to be identified;

(b) ensure that it is accompanied by the instructions referred to in paragraph 7(1) of Schedule 1.

(2) The information referred to in paragraph (1) must be clear, legible and in easily understandable English.

(3) Where the size or nature of the safety component for lifts does not allow the information referred to in paragraph (1)(a) to be indicated on the safety component for lifts, that information must be provided on the label referred to in regulation 50(2).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance procedures for series production

20

(1) A manufacturer of safety components for lifts which are manufactured by series production must ensure that, before placing the safety component on the market, procedures are in place to ensure that any safety components so manufactured will be in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a) any change in safety component for lifts design or characteristics; and

(b) any change in a designated standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Monitoring of safety components for lifts made available on the market

21

(1) When appropriate, having regard to the risks to the health and safety of end-users presented by a safety component for lifts, the manufacturer must—

(a) carry out sample testing of safety components for lifts manufactured by it which are made available on the market;

(b) investigate complaints that safety components for lifts manufactured by it are not in conformity with Part 2;

(2) A manufacturer must keep a register and promptly make entries in that register of any—

(i) complaints;

(ii) safety components for lifts that are not in conformity with Part 2; and

(iii) safety component for lifts recalls.

(3) A manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity

22

(1) A manufacturer who considers, or has reason to believe, that a safety component for lifts which that manufacturer has placed on the market is not in conformity with Part 2, must immediately take the corrective measures necessary to—

(a) bring the safety component for lifts into conformity;

(b) withdraw the safety component for lifts; or

(2) Where the safety component for lifts presents a risk, the manufacturer must immediately inform the market surveillance authority... of the risk, giving details of—

(a) the respect in which the safety components for lifts is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Provision of information and cooperation

23

(1) Following a reasoned request from the enforcing authority, and within such period as the enforcing authority may specify, a manufacturer must provide the authority with all the information and documentation necessary to demonstrate that a safety component for lifts is in conformity with Part 2—

(a) in paper or electronic form; and

(b) in a language that can be easily understood by the enforcing authority.

(2) A manufacturer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a) evaluate a safety component for lifts in accordance with regulation 64 (evaluation of lifts or safety components for lifts presenting a risk); or

(b) eliminate the risks posed by a safety component for lifts which the manufacturer has placed on the market.

Authorised representatives

Appointment of authorised representatives

24

(1) An installer or a manufacturer may, by written mandate, appoint a person established in the United Kingdom as their authorised representative to perform specified tasks on the installer or the manufacturer's behalf.

(2) The mandate must allow the authorised representative to do at least the following—

(a) in relation to lifts covered by the mandate, perform the installer's obligations under—

(i) regulation 9 (retention of technical documentation and ... declaration of conformity); and

(ii) regulation 13 (provision of information and cooperation);

(b) in relation to safety components for lifts covered by the mandate, perform the manufacturer's obligations under—

(i) regulation 18 (retention of technical documentation and ... declaration of conformity); and

(ii) regulation 23 (provision of information and cooperation).

(3) An installer or manufacturer may not be appointed to perform the installer's or manufacturer's obligations—

(a) in relation to lifts, under regulation 6 (design, manufacture, installation and testing in accordance with essential health and safety requirements), regulation 7 (technical documentation and conformity assessment) or regulation 8 (... declaration of conformity and UK marking);

(b) in relation to safety components for lifts, under regulation 15 (design and manufacture in accordance with essential health and safety requirements), regulation 16 (technical documentation and conformity assessment) or regulation 17 (... declaration of conformity and UK marking).

(4) An authorised representative must comply with all the duties imposed on the installer or the manufacturer in relation to each obligation under these Regulations that the authorised representative is appointed by the installer or the manufacturer to perform.

(5) As far as those duties are concerned, as well as the penalties for failure to comply with those duties, references in these Regulations (except in this regulation) to the installer or to the manufacturer are to be taken as including a reference to the authorised representative.

(6) An installer or a manufacturer who has appointed an authorised representative to perform on their behalf an obligation under these Regulations remains responsible for the proper performance of that obligation.

Importers

Prohibition on placing on the market a safety component for lifts which is not in conformity with the essential health and safety requirements

25

An importer must not place a safety component for lifts on the market unless it is in conformity with the essential health and safety requirements.

Requirements which must be satisfied before an importer places a safety component for lifts on the market

26

(1) Before placing a safety component for lifts on the market, an importer must ensure that—

(a) a relevant conformity assessment procedure has been carried out by the manufacturer;

(b) the manufacturer has drawn up the technical documentation;

(i) bears the UK marking; and

(ii) is accompanied by the ... declaration of conformity and any required labels; and

(d) the manufacturer has complied with the requirement in regulation 19 (labelling and instructions).

(2) In paragraph 1(c)(ii), “required labels” means any labels that are required to be attached to the safety component for lifts pursuant to regulation 19(3).

Prohibition on placing on the market safety components for lifts considered not to be in conformity with the essential health and safety requirements

27

(1) Where an importer considers, or has reason to believe, that a safety component for lifts is not in conformity with the essential health and safety requirements, the importer must not place the safety component for lifts on the market.

(2) Where the safety component for lifts presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importer

28

(1) Before placing a safety component for lifts on the market , an importer must indicate on the safety component for lifts—

(a) the name, registered trade name or registered trade mark of the importer; and

(b) a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the market surveillance authority.

(3) Paragraph (1) does not apply where—

(a) either—

(i) it is not possible to set out the information specified in paragraph (1) on the safety component for lifts; or

(ii) the importer has imported the safety component from an EEA state or Switzerland and places it on the market within the period of seven years beginning with IP completion day; and

(b) before placing the safety component for lifts on the market, the importer sets out the information specified in paragraph (1)—

(i) on the packaging; or

(ii) in a document accompanying the safety component for lifts.

Instructions

29

(1) When placing a safety component for lifts on the market, an importer must ensure that it is accompanied by the instructions referred to in paragraph 7 of Schedule 1 and that they are clear, legible and in easily understandable English.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Storage and transport

30

Where an importer has responsibility for a safety component for lifts, the importer must ensure that the conditions under which the safety component for lifts is stored or transported do not jeopardise its conformity with the essential health and safety requirements.

Monitoring of safety components for lifts made available on the market

31

(1) When appropriate, having regard to the risks to the health and safety of end-users presented by a safety component for lifts, the importer must—

(a) carry out sample testing of safety components for lifts made available on the market by the importer;

(b) investigate complaints that safety components for lifts made available on the market by the importer are not in conformity with Part 2;

(2) An importer must keep a register and must promptly make entries in that register of any—

(i) complaints;

(ii) safety components for lifts that are not in conformity with Part 2; and

(iii) safety components for lifts recalls.

(3) An importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity

32

(1) An importer who considers, or has reason to believe, that a safety component for lifts which that importer has placed on the market is not in conformity with Part 2, must immediately take the corrective measures necessary to—

(a) bring the safety component for lifts into conformity;

(b) withdraw the safety component for lifts; or

(2) Where the safety component for lifts presents a risk, the importer must immediately inform the market surveillance authority, and the competent national authorities of any other member State in which the importer made the safety component for lifts available on the market, of the risk, giving details of—

(a) the respect in which the safety components for lifts is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Retention of technical documentation and ...declaration of conformity

33

An importer must, for a period of 10 years beginning on the day on which the safety component for lifts is placed on the market—

(a) keep a copy of the ... declaration of conformity and, where applicable, any approval decision, at the disposal of enforcing authorities; and

(b) ensure that the technical documentation can be made available to enforcing authorities, upon request.

Provision of information and cooperation

34

(1) Following a reasoned request from the enforcing authority, and within such period as the enforcing authority may specify, an importer must provide the authority with all the information and documentation necessary to demonstrate that a safety component for lifts is in conformity with Part 2—

(a) in paper or electronic form; and

(b) in a language that can be easily understood by the enforcing authority.

(2) An importer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a) evaluate a safety component for lifts in accordance with regulation 64 (evaluation of lifts or safety components for lifts presenting a risk); or

(b) eliminate the risks posed by a safety component for lifts which the importer has placed on the market.

Cases in which obligations of manufacturers apply to importers

35

(1) An economic operator who would, but for this regulation, be considered an importer (“A”), is to be considered a manufacturer for the purposes of these Regulations and is subject to the relevant obligations of the manufacturer under this Part, where A—

(a) places a safety component for lifts on the market under A's own name or trademark; or

(b) modifies a safety component for lifts already placed on the market in such a way that it may affect whether the safety component for lifts is in conformity with Part 2.

Distributors

Duty to act with due care

36

When making a safety component for lifts available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Requirements which must be satisfied before a distributor makes a safety component for lifts available on the market

37

(1) Before making a safety component for lifts available on the market, the distributor must ensure that—

(a) the safety component for lifts—

(i) bears the UK marking;

(ii) is accompanied by the ... declaration of conformity and the required documents; and

(iii) is accompanied by the instructions referred to in paragraph 7 of Schedule 1 and that they are clear, legible and in easily understandable English;

(b) the manufacturer has complied with the requirements set out in regulation 19 (labelling and instructions); and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraph 1(a)(ii), “required documents” means any labels or documents that are required to be provided with the safety component for lifts pursuant to—

(a) regulation 19(3); and

(b) regulation 28(3).

Prohibition on making available on the market where the safety component for lifts is not considered to be in conformity with the essential health and safety requirements

38

(1) Where a distributor considers, or has reason to believe, that a safety component for lifts is not in conformity with the essential health and safety requirements, the distributor must not make the safety component for lifts available on the market.

(2) Where the safety component for lifts presents a risk, the distributor must inform the following persons of that risk—

(a) the manufacturer or the importer; and

(b) the market surveillance authority.

Storage and transport

39

Where a distributor has responsibility for a safety component for lifts, the distributor must ensure that the conditions under which the safety component for lifts is stored or transported do not jeopardise its conformity with the essential health and safety requirements.

Duty to take action in respect of safety components for lifts made available on the market which are not in conformity with Part 2

40

(1) A distributor, who considers, or has reason to believe, that a safety component for lifts which the distributor has made available on the market is not in conformity with Part 2, must make sure that the necessary corrective measures are taken to—

(a) bring that safety component for lifts into conformity;

(b) withdraw the safety component for lifts; or

(2) Where the safety component for lifts presents a risk, the distributor must immediately inform the market surveillance authority... of that risk, giving details of—

(a) the respect in which the safety component for lifts is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Provision of information and cooperation

41

(1) Following a reasoned request from an enforcing authority, and within such period as the authority may specify, a distributor must provide the authority with all the information and documentation, in paper or electronic form, necessary to demonstrate that a safety component for lifts is in conformity with Part 2.

(2) A distributor must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a) evaluate a safety component for lifts in accordance with regulation 64 (evaluation of lifts or safety components for lifts presenting a risk); and

(b) eliminate the risks posed by a safety component for lifts which the distributor has made available on the market.

Cases in which obligations of manufacturers apply to distributors

42

(1) An economic operator who would, but for this regulation, be considered a distributor (“A”), is to be considered a manufacturer for the purposes of these Regulations and is subject to the relevant obligations of the manufacturer under this Part, where A—

(a) places a safety component for lifts on the market under A's own name or trademark; or

(b) modifies a safety component for lifts already placed on the market in such a way that it may affect whether the safety component for lifts is in conformity with Part 2.

All economic operators

Translation of declaration of conformity

43

(1) Before placing a lift on the market or making a safety component for lifts available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the relevant state in which the lift is to be placed on the market or the safety component for lifts is to be made available on the market.

(2) Where the lift is to be placed on the market or the safety component for lifts is to be made available on the market in Northern Ireland, the language required is English.

Identification of economic operators

44

(1) An economic operator (“E”), who receives a request in relation to a safety component for lifts from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a) any other economic operator who has supplied E with the safety component for lifts; and

(b) any other economic operator to whom E has supplied the safety component for lifts.

(2) The relevant period is—

(a) for the information in paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the safety component for lifts;

(b) for the information in paragraph (1)(b), a period of10 years beginning on the day on which E supplied the safety component for lifts.

Prohibition on improper use of CE marking

45

(1) An economic operator must not affix the UK marking to a lift or a safety component for lifts unless—

(a) that economic operator is the installer or the manufacturer; and

(b) the conformity of the lift or the safety component for lifts with the essential health and safety requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix a marking to a lift or a safety component for lifts (other than the UK marking) which purports to attest that the lift or the safety component for lifts is in conformity with the essential health and safety requirements.

(3) An economic operator must not affix to a lift or a safety component for lifts a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.

(4) An economic operator must not affix to a lift or a safety component for lifts any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.

PART 3 — Conformity assessment

Presumption of conformity

46

(1) A lift or a safety component for lifts which is in conformity with a designated standard (or part of such a standard) ... is to be presumed to be in conformity with the essential health and safety requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Conformity assessment procedures for lifts

47

(1) For the assessment of conformity of a lift, the installer must carry out one of the following procedures—

(a) if the lift is designed and manufactured in accordance with a model lift that has undergone an Type examination set out in Part B of Schedule 11—

(i) final inspection for lifts set out in Schedule 12;

(ii) conformity to type based on product quality assurance for lifts set out in Schedule 17;

(iii) conformity to type based on production quality assurance for lifts set out in Schedule 19;

(b) if the lift is designed and manufactured under a quality assurance system approved in accordance with Schedule 18—

(i) final inspection for lifts set out in Schedule 12;

(ii) conformity to type based on product quality assurance for lifts set out in Schedule 17;

(iii) conformity to type based on production quality assurance for lifts set out in Schedule 19;

(d) conformity based on full quality assurance plus design examination for lifts set out in Schedule 18.

(2) Where one of the procedures in paragraph (1)(a) or (1)(b) is carried out and the person responsible for the design and manufacture of the lift and the person responsible for the installation and testing of the lift are not the same person, the former must supply to the latter all the necessary documents and information to enable the latter to ensure the correct and safe installation and testing of the lift.

(3) Where one of the procedures in paragraph (1)(a) is carried out, the installer must ensure that all permitted variations between the model lift and the lifts derived from the model lift are clearly specified (with maximum and minimum values) in the technical documentation referred to in regulation 7(b).

(4) When using the any of the procedures in paragraph (1), in order to demonstrate the conformity of a lift with the essential health and safety requirements, the installer may demonstrate the similarity of a range of equipment—

(a) by calculation;

(b) on the basis of design plans; or

Conformity assessment procedures for safety components for lifts

48

For the assessment of conformity of a safety component for lifts, the manufacturer must carry out one of the following procedures—

(a) the model of the safety component for lifts must be submitted for Type examination set out in Part A of Schedule 11 and the conformity to type must be ensured with random checking of the safety component for lifts set out in Schedule 16;

(b) the model of the safety component for lifts must be submitted for Type examination set out in Part A of Schedule 11 and be subject to conformity to type based on product quality assurance in accordance with Schedule 13;

EU declaration of conformity

49

The ...declaration of conformity for a lift or a safety component for lifts must—

(a) state that the fulfilment of the essential health and safety requirements has been demonstrated in respect of the lift or the safety component for lifts;

(b) contain the elements specified in Schedules 12 to 19 for the relevant conformity assessment procedure carried out in respect of the lift or the safety component for lifts;

(i) in relation to lifts, in Part 1 of Schedule 5 (... declaration of conformity);

(ii) in relation to safety components for lifts, in Part 2 of Schedule 5.

CE marking

50

(1) The UK marking must be affixed visibly, legibly, and indelibly—

(a) to the lift carrier;

(b) to the safety component for lifts; or

(i) a label affixed to the lift carrier or the safety component; or

(ii) to a document accompanying the lift or the safety component.

(1A) For a period of seven years beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the lift carrier or the safety component; or

(b) to a document accompanying the lift or the safety component.

(2) Where paragraph (1A) does not apply and it is not possible, on account of the nature of a safety component for lifts, to affix the UK marking in accordance with paragraph (1), the UK marking must be affixed to a label inseparably attached to the safety component for lifts.

(3) The UK marking in respect of a lift must be followed by the identification number of the approved body involved in any of the following conformity assessment procedures—

(a) the final inspection referred to in Schedule 12;

(b) unit verification referred to in Schedule 15;

(4) The UK marking in respect of a safety component for lifts must be followed by the identification number of the approved body involved in any of the following conformity assessment procedures—

(a) product quality assurance referred to in Schedule 13;

(b) full quality assurance referred to in Schedule 14 ;

(5) The identification number of the approved body must be affixed—

(a) by the notified body itself; or

(b) under the instructions of the approved body, by the installer or the installer's authorised representative or by the manufacturer or the manufacturer's authorised representative.

PART 4 — Notification of conformity assessment bodies Approval of Conformity Assessment Bodies

Notified bodies

51

(1) An approved body is a conformity assessment body which—

(a) has been approved by the Secretary of State pursuant to the procedure set out in regulation 52 (approval of conformity assessment bodies); or

(b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 57(1) or (2) as they had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.

(2) Paragraph (1) has effect subject to regulation 55 (restriction, suspension or withdrawal of approval).

(3) In this Part—

“notified body” means a body—which the Secretary of State had before IP completion day notified to the European Commission and the member State of the European Union, in accordance with Article 20 of the Directive; andin respect of which no objections had been raised, as referred to in regulation 51(1)(b), as it had effect immediately before IP completion day; and

“approved body requirements” means the requirements set out in Schedule 4.

Notification

52

(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by—

(a) a description of—

(i) the conformity assessment activities that the conformity assessment body intends to carry out;

(ii) the relevant conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

(iii) the product in respect of which the conformity assessment body claims to be competent, where “product” has the meaning given to it in Regulation 2A(8); and

(b) either—

(i) an accreditation certificate; or

(ii) the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

(6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may–

(a) have regard to any other matter which appears to the Secretary of State to be relevant; and

(b) set conditions that the conformity assessment body must meet.

(7) For the purposes of this regulation “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.

Presumption of conformity of notified bodies

53

(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Contents of notification

54

The Secretary of State must monitor each approved body with a view to verifying that the body—

(a) continues to meet the approved body requirements;

(b) meets any conditions set—

(i) in accordance with regulation 52(6)(b); or

(ii) in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 52(6)(b) as it applied immediately before IP completion day; and

Monitoring

55

(1) Where the Secretary of State determines that an approved body—

(a) no longer meets an approved body requirement, or

(b) is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 54(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 51 (approved bodies).

(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 54(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 51.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a) give notice in writing to the approved body of the proposed action and the reasons for it;

(b) give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(5) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State—

(a) transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

(b) keep its files relating to the activities it has undertaken as an approved body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.

(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.

United Kingdom Accreditation Service

56

(1) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures—

(a) in respect of which the body's approval was given under regulation 51; or

(b) in respect of which the body's notification as a notified body was made.

(2) Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Schedule 6.

(3) An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved body—

(a) to issue a Type-examination certificate referred to in Schedule 11; or

(b) to affix, or cause to be affixed, the body's identification number pursuant to regulation 50.

Changes to notifications

57

(1) An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

(a) the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

(b) the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c) the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

(a) the assessment of the qualifications of the subcontractor or the subsidiary; and

(b) the conformity assessment activity carried out by the subcontractor or subsidiary.

(4) In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.

Operational obligations of notified bodies

58

(1) The Secretary of State must—

(a) assign an approved body identification number to each approved body; and

(b) compile and maintain a register of—

(i) approved bodies;

(ii) their approved body notification numbers;

(iii) the activities for which they have been approved; and

(iv) any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.

Subsidiaries and contractors

59

The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

(a) assessing whether a conformity assessment body meets the approved body requirements;

(b) monitoring approved bodies in accordance with regulation 54; and

PART 5 — Market surveillance and enforcement

Designation of market surveillance authority

60

(1) In Great Britain—

(a) in relation to lifts for use in the workplace or safety components for such lifts, the Health and Safety Executive, and

(b) in relation to lifts for private use and consumption or safety components for such lifts, the Secretary of State,

is the market surveillance authority.

(2) In Northern Ireland, the Department is the market surveillance authority.

(3) The Secretary of State and the Department may appoint a person to act on their behalf for the purposes of market surveillance under these Regulations and RAMS (in its application to lifts and safety components for lifts).

Enforcement

61

(1) The market surveillance authority must enforce these Regulations, and RAMS in its application to lifts and safety components for lifts, or ensure that they are enforced.

(2) The Secretary of State and the Department may appoint a person to act on their behalf for the purposes of enforcing these Regulations and RAMS in its application to lifts and safety components for lifts.

(3) Where the enforcing authority is not also the market surveillance authority, the enforcing authority must notify the market surveillance authority of the proposed action.

(4) In Scotland, only the Lord Advocate may commence proceedings for an offence.

Enforcement powers

62

(1) Schedule 7 (enforcement powers of the Secretary of State and the Department under the 1987 Act) is to have effect where the enforcing authority is the Secretary of State or in relation to lifts for private use and consumption or safety components for such lifts, the Department.

(2) Schedule 8 (enforcement powers of the Health and Safety Executive under the 1974 Act) is to have effect where the enforcing authority is the Health and Safety Executive.

(3) Schedule 9 (enforcement powers of the Department under the 1978 Order) is to have effect where the enforcing authority is the Department in relation to lifts for use in the work place or safety components for such lifts.

(4) In addition to the powers available to an enforcing authority under paragraph (1), (2) or (3), the authority may use the powers set out in Schedule 10 (compliance, withdrawal and recall notices).

Exercise of enforcement powers

63

When enforcing these Regulations, the enforcing authority must exercise its powers in a manner which is consistent with—

(a) regulation 64 (evaluation of lifts or safety components for lifts presenting a risk);

(b) regulation 65 (enforcement action in respect of lifts or safety components for lifts which are not in conformity and which present a risk);

(d) regulation 67 (enforcement action in respect of lifts or safety components for lifts which are in conformity, but present a risk);

(e) regulation 68 (enforcement action in respect of formal non-compliance); and

(f) regulation 69 (restrictive measures).

Evaluation of lifts or safety components for lifts presenting a risk

64

(1) Where the market surveillance authority has sufficient reason to believe that a lift or safety component for lifts presents a risk, the market surveillance authority must carry out an evaluation in relation to the lift or the safety component for lifts covering the relevant requirements of Part 2 applying in respect of that lift or safety component for lifts.

(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that a lift or safety component for lifts presents a risk, that enforcing authority must carry out an evaluation in relation to the lift or the safety component for lifts covering the relevant requirements of Part 2 applying in respect of that lift or safety component for lifts.

Enforcement action in respect of lifts and safety components for lifts which are not in conformity and which present a risk

65

(1) Where, in the course of the evaluation referred to in regulation 64, an enforcing authority finds that—

(a) the lift is not in conformity with Part 2, it must, without delay, require the installer to take appropriate corrective actions to bring the lift into conformity with those requirements within a prescribed period;

(b) the safety component for lifts is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—

(i) take appropriate corrective actions to bring the safety component for lifts into conformity with those requirements within a prescribed period;

(ii) withdraw the safety component for lifts within a prescribed period; or

(iii) recall the safety component for lifts within a prescribed period.

(2) The enforcing authority must inform the approved body which carried out the conformity assessment procedure in respect of the lift or the safety component for lifts of—

(a) the respect in which the lift or safety component for lifts is not in conformity with Part 2; and

(b) the actions which the enforcing authority is requiring the relevant economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

(a) the results of the evaluation; and

(b) the actions which it has required the economic operator to take.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a) in relation to a lift—

(i) prohibit or restrict the lift being placed on the market in the United Kingdom;

(ii) prohibit or restrict the use of the lift; or

(iii) recall the lift.

(b) in relation to a safety component for lifts—

(i) prohibit or restrict the safety component for lifts being made available on the market in the United Kingdom;

(ii) withdraw the safety component for lifts from the United Kingdom market; or

(iii) recall the safety component for lifts.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The notifications in paragraph (6) must include details about the lift or safety component for lifts and, in particular—

(a) the data necessary for the identification of the lift or the safety component for lifts which is not in conformity with Part 2;

(b) the origin of the lift or the safety component for lifts;

(d) the nature and duration of the measures taken;

(e) the arguments put forward by the relevant economic operator; and

(f) whether the lack of conformity is due to either of the following—

(i) failure of the lift or the safety component for lifts to meet requirements relating to a risk;

(ii) shortcomings in a harmonised standards referred to in regulation 46 (presumption of conformity) conferring a presumption of conformity.

(9) In this regulation, “prescribed period” means a period which is—

(a) prescribed by the enforcing authority; and

(b) reasonable and commensurate with the nature of the risk presented by the lift or safety component for lifts.

EU safeguard procedure

66

(1) Where another relevant state has initiated the procedure under Article 38 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a) any measures taken by the enforcing authority in respect of the lift or the safety component for lifts; and

(b) any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the lift or the safety component for lifts.

(2) Where another relevant state has initiated the procedure under Article 38 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other relevant states of—

(a) any measures taken by an enforcing authority in Northern Ireland in respect of the lift or the safety component for lifts;

(b) any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the lift or the safety component for lifts.

(3) Where a measure taken by another relevant state in respect of a lift or a safety component for lifts is considered justified under Article 38(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as the withdrawal of a safety component for lifts are taken in Northern Ireland in respect of the lift or the safety component for lifts without delay.

(4) Where a measure taken by another relevant state in respect of a lift or a safety component for lifts is considered justified by the European Commission under Article 39(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that—

(a) the placing on the market or use of the lift is restricted or prohibited or that the lift is recalled; or

(b) that safety component for lifts is withdrawn from market in Northern Ireland.

(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3) or (4), it must inform the Secretary of State.

(6) Where the Secretary of State receives notification under paragraph (5), or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken in respect of Northern Ireland.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement action in respect of lifts and safety components for lifts which are in conformity, but present a risk

67

(1) Where, having carried out an evaluation under regulation 64, an enforcing authority finds that although a lift or a safety component for lifts is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—

(a) in relation to a lift—

(i) ensure that the lift concerned, when placed on the market, no longer presents a risk;

(ii) recall the lift within a prescribed period; or

(iii) prohibit or restrict the use of the lift within a prescribed period;

(b) in relation to a safety component for lifts—

(i) ensure that the safety component for lifts concerned, when placed on the market, no longer presents a risk;

(ii) withdraw the safety component for lifts within a prescribed period; or

(iii) recall the safety component for lifts within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The notice referred to in paragraph (2) must include details about the lift or the safety component for lifts and, in particular—

(a) the data necessary for the identification of the lift or the safety component for lifts concerned;

(b) the origin and the supply chain of the lift or the safety component for lifts;

(d) the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which is—

(a) prescribed by the enforcing authority; and

(b) reasonable and commensurate with the nature of the risk presented by the lift or the safety component for lifts.

Enforcement action in respect of formal non-compliance

68

(1) Where an enforcing authority makes one of the following findings relating to a lift or the safety component for lifts, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—

(a) the UK marking—

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulations 45 (prohibition on improper use of UK marking) and 50 (UK marking);

(b) where an approved body is involved in the production control phase for the lift or the safety component for lifts, the identification number of the approved body—

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulation 50;

(i) has not been drawn up; or

(ii) has been drawn up otherwise than in accordance with regulations 8 (... declaration of conformity and UK marking) and 17 (... declaration of conformity and UK marking) and 49 (... declaration of conformity);

(d) the technical documentation is either not available or not complete;

(e) the following information that is required to be included in the labelling is absent, false or incomplete—

(i) in relation to lifts, the information specified in regulation 10(1);

(ii) in relation to safety components for lifts, the information specified in regulation 19(1) and 28(1); or

(f) any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the specified period has elapsed.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—

(a) in relation to a lift—

(i) restrict or prohibit the use of the lift; or

(ii) recall the lift;

(b) in relation to a safety component for lifts—

(i) restrict or prohibit the safety component for lifts being made available on the market;

(ii) ensure that the safety component for lifts is withdrawn; or

(iii) ensure that the safety component for lifts is recalled.

(4) This regulation does not apply where a lift or a safety component for lifts presents a risk.

Restrictive measures

69

When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS in relation to any measure to—

(a) in relation to a lift—

(i) prohibit or restrict a lift being placed on the market;

(ii) prohibit or restrict the use of a lift; or

(iii) recall a lift;

(b) in relation to a safety component for lifts—

(i) prohibit the safety component for lifts being made available on the market;

(ii) withdraw a safety component for lifts; or

(iii) recall a safety component for lifts.

Offences

70

(1) It is an offence for a person to contravene or fail to comply with any requirement of regulation 6 to 12, 13(2), 14 to 22, 23(2), 25 to 33, 34(2), 36 to 40, 41(2), 44 or 45.

(2) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

Penalties

71

(1) Subject to paragraph (2), a person guilty of an offence under regulation 70 is liable on summary conviction—

(a) in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;

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