The Electrical Equipment (Safety) Regulations 2016

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 1972 in relation to measures for safety as respects electrical equipment and in relation to measures for consumer protection .

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 the following 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 Electrical Equipment (Safety) 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 1994 Regulations” means the Electrical Equipment (Safety) Regulations 1994 ;

• “authorised representative” means a person established within the EU appointed in accordance with regulation 14 (manufacturer’s authorised representatives);

• “declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 6 (declaration of conformity);

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

• ...

• “the Directive” means Directive 2014/35/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 the making available on the market of electrical equipment designed for use within certain voltage limits ...;

• “distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes electrical equipment available on the market;

• “district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972”;

• “economic operator” means a manufacturer, importer, distributor or authorised representative;

• “electrical equipment” means any electrical equipment to which these Regulations apply;

• ...

• “enforcing authority” means any person enforcing these Regulations under regulation 41 (enforcement);

• ...

• “importer” means a person who— is established in the United Kingdom and places electrical equipment from a country outside of the United Kingdom on the market; or is established in Northern Ireland and places electrical equipment 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;

• ...

• “making available on the market” means any supply of electrical equipment 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 are to be construed accordingly;

• “manufacturer” means any person who—manufactures electrical equipment, or has electrical equipment designed or manufactured; andmarkets that electrical equipment under that person's name or trade mark;

• “market surveillance authority”, in the United Kingdom, has the meaning set out in regulation 40 (designation of market surveillance authority);

• ...

• “placing on the market” means the first making available of electrical equipment on the market of Great Britain, and related expressions are to be construed accordingly;

• “principal elements of the safety objectives” means the principal elements of the safety objectives set out in Schedule 1;

• “RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

• “recall” means any measure aimed at achieving the return of electrical equipment that has already been made available to the end-user;

• “relevant economic operator” means, in relation to electrical equipment, an economic operator with obligations in respect of that electrical equipment under these Regulations;

• “relevant international safety provision” means a safety provision of a standard set out by the International Commission on the Rules for the Approval of Electrical Equipment or the International Electrotechnical Commission, which has been published by the Secretary of State in a manner the Secretary of State considers appropriate;

• “technical documentation” means the documentation referred to in paragraph 2 of Schedule 2;

• “technical specification” means a document that prescribes technical requirements to be fulfilled by electrical equipment;

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

• “weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 ;

• “withdraw” means take any measure aimed at preventing electrical equipment in the supply chain from being made available on the market.

• (2) In these Regulations, a reference to electrical equipment being “in conformity with Part 2” means that—

• (a) the electrical equipment is in conformity with the principal elements of the safety objectives; and

• (b) each relevant economic operator has complied, or is complying, in relation to the electrical equipment, with the obligations imposed on them under Part 2 of these Regulations which must be satisfied at or before the time at which they make the electrical equipment available on the market.

• (3) In regulations 11 and 22 (monitoring), “risk” means a risk which could arise from lawful and readily predictable human behaviour.

• (4) In the other provisions of these Regulations, “risk” means a risk—

• (a) which could arise from lawful and readily predictable human behaviour; and

• (b) which may result in harm to any of the following interests—

• (i) the health and safety of persons;

• (ii) domestic animals; or

• (iii) property.

• (5)

• (a) Subject to sub-paragraph (b), in these Regulations, a reference to a member State is to be read as a reference to an EEA State and references to the EU are to be read as references to the European Economic Area.

• (b) Sub-paragraph (a) will not apply until the entry into force of any amendment made to Annex II (technical regulations, standards, testing and certification) to the EEA Agreement by a Decision of the EEA Joint Committee, inserting a reference to the Directive into that Annex.

Electrical equipment to which these Regulations apply

3

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

• (a) placed on the market on or after the commencement date; and

• (b) designed for use with a voltage rating of between 50 and 1000V for alternating current and between 75 and 1500V for direct current

• (2) These Regulations do not apply to—

• (a) electrical equipment for use in an explosive atmosphere;

• (b) electrical equipment for radiology and medical purposes;

• (c) electrical parts for goods and passenger lifts;

• (d) electricity meters;

• (e) plugs and socket outlets for domestic use;

• (f) electric fence controllers;

• (g) specialised electrical equipment for use on ships, aircraft or railways, which complies with the safety provisions drawn up by international bodies in which the member States participate;

• (h) custom-built evaluation kits destined for professionals to be used at research and development facilities solely for research and development.

• (3) Save for regulations 4, 15, 25 (to the extent that it relates to conformity of the electrical equipment with the principal elements of the safety objectives) and 37, these Regulations do not apply to equipment covered by the Radio Equipment Regulations 2017.

Part 2 — Obligations of economic operators

Manufacturers

Design and manufacture in accordance with safety objectives

4

Before placing electrical equipment on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the principal elements of the safety objectives.

Technical documentation and conformity assessment

5

Before placing electrical equipment on the market, a manufacturer must—

• (a) draw up the technical documentation; and

• (b) carry out the conformity assessment procedure set out in Schedule 2 or have it carried out.

EU declaration of conformity and CE marking

6

• (1) Where the conformity of electrical equipment with the principal elements of the safety objectives has been demonstrated by the conformity assessment procedure set out in Schedule 2, a manufacturer must, before placing that electrical equipment on the market—

• (a) draw up a declaration of conformity in accordance with regulation 38 (... declaration of conformity); and

• (b) affix the UK marking in accordance with regulation 39 (UK marking).

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

• (3) Where electrical equipment is subject to more than one enactment requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

Retention of technical documentation and EU declaration of conformity

7

A manufacturer must keep the technical documentation and the EU declaration of conformity drawn up in respect of electrical equipment and make them available for inspection by the market surveillance authority for a period of 10 years beginning on the day on which the electrical equipment is placed on the market.

Labelling of electrical equipment

8

• (1) Before placing electrical equipment on the market, a manufacturer must—

• (a) ensure that it bears a type, batch or serial number or other element allowing its identification; and

• (b) ensure that it is marked with—

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

• (ii) a single postal address at which the manufacturer can be contacted.

• (2) Where it is not possible for information specified in 1(a) or (b) to be indicated on the electrical equipment, the manufacturer must ensure that the information is indicated on its packaging or in a document accompanying the electrical equipment.

• (3) The contact details referred to in paragraph (1)(b) must be in a language easily understood by end-users and market surveillance authorities.

• (4) The information referred to in paragraph (1) must be indicated in a form that is clear, understandable and intelligible.

Instructions and safety information

9

When placing electrical equipment on the market, a manufacturer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

Compliance procedures for series production

10

• (1) A manufacturer of electrical equipment which is manufactured by series production must ensure that procedures are in place to ensure that any electrical equipment so manufactured will be in conformity with Part 2.

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

• (a) any changes in electrical equipment 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

11

• (1) When appropriate, with regard to the risks to the health and safety of consumers presented by electrical equipment, the manufacturer must—

• (a) carry out sample testing of electrical equipment made available on the market;

• (b) investigate complaints that electrical equipment is not in conformity with Part 2;

• (c) keep a register of—

• (i) complaints that electrical equipment is not in conformity with Part 2;

• (ii) electrical equipment which is found not to be in conformity with Part 2; and

• (iii) electrical equipment recalls; and

• (d) keep distributors informed of any monitoring carried out under this regulation.

• (2) The 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 electrical equipment placed on the market which is considered not to be in conformity

12

• (1) A manufacturer who considers, or has reason to believe, that electrical equipment 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 electrical equipment into conformity;

• (b) withdraw the electrical equipment; or

• (c) recall the electrical equipment.

• (2) Where the electrical equipment presents a risk, the manufacturer must immediately inform the market surveillance authority ... of the risk, giving details of—

• (a) the respect in which the electrical equipment 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 request from an enforcing authority, and within such period as the authority may specify, a manufacturer must provide the authority with all the information and documentation necessary to demonstrate that the electrical equipment is in conformity with Part 2.

• (2) A request referred to in paragraph (1)—

• (a) may only be made during the period of 10 years beginning on the day the equipment was placed on the market; and

• (b) must be accompanied by the reasons for making the request.

• (3) The information and documentation referred to in paragraph (1)—

• (a) may be provided electronically; and

• (b) must be in a language which can be easily understood by the enforcing authority.

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

• (a) evaluate electrical equipment in accordance with regulation 44 (evaluation of electrical equipment presenting a risk); or

• (b) eliminate the risks posed by electrical equipment which the manufacturer has placed on the market.

Authorised representatives

Manufacturer's authorised representatives

14

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

• (2) The mandate must allow the authorised representative to do at least the following in relation to electrical equipment covered by the mandate—

• (a) perform the manufacturer's obligations under regulation 7 (retention of technical documentation and EU declaration of conformity); and

• (b) perform the manufacturer's obligations under regulation 13 (provision of information and cooperation).

• (3) The obligations laid down in regulation 4 (design and manufacture in accordance with safety objectives) and regulation 5(a) (technical documentation) must not form part of an authorised representative's mandate.

• (4) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the manufacturer to perform and, accordingly as far as those duties, as well as the penalties for failure to comply with those duties, are concerned, references in these Regulations (except in this regulation) to the manufacturer are to be taken as including a reference to the authorised representative.

• (5) A manufacturer who has appointed an authorised representative to perform on the manufacturer's behalf a task under these Regulations remains responsible for the proper performance of that obligation.

Importers

Prohibition on placing on the market electrical equipment which is not in conformity

15

An importer must not place electrical equipment on the market unless it is in conformity with Part 2.

Requirements which must be satisfied before an importer places electrical equipment on the market

16

Before placing electrical equipment on the market, an importer must ensure that—

• (a) the conformity assessment procedure set out in Schedule 2 has been carried out;

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

• (c) the electrical equipment bears the UK marking; and

• (d) the manufacturer has complied with the requirements of regulation 8 (labelling of electrical equipment).

Prohibition on placing on the market electrical equipment considered not to be in conformity with the safety objectives

17

• (1) Where an importer considers, or has reason to believe, that electrical equipment is not in conformity with the principal elements of the safety objectives, the importer must not place the electrical equipment on the market.