The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

• (3) A civil debt recoverable under paragraph (2) may be recovered summarily in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980[^f00012].

Appeals against notices

69

• (1) An application for an order to vary or set aside the terms of a notice served under these Regulations may be made—

• (a) by the economic operator on whom the notice has been served;

• (b) in the case of a notice other than a recall notice, by a person having an interest in the product in respect of which the notice has been served.

• (2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

• (3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—

• (a) that the product to which the notice relates is in conformity with Part 2 and does not present a risk;, or

• (b) that the market surveillance authority failed to comply with regulation 54 (exercise of enforcement powers) when serving the notice.

• (4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.

• (5) In this regulation—

• (a) the “appropriate court” is to be determined in accordance with regulation 70 (appropriate court for appeals against notices);

• (b) “notice” means any of the following—

• (i) a notice to warn served in accordance with Schedule 4 (enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act);

• (ii) a suspension notice served in accordance with Schedule 4 ;

• (iii) a compliance notice served in accordance with Schedule 5 (compliance, withdrawal and recall notices);

• (iv) a withdrawal notice served in accordance with Schedule 5;

• (v) a recall notice served in accordance with Schedule 5.

Appropriate court for appeals against notices

70

• (1) In England and Wales, the appropriate court for the purposes of regulation 69 is—

• (a) the court in which proceedings have been brought in relation to the product for an offence under regulation 61 (offences),

• (b) an employment tribunal seized of appeal proceedings against a notice which relates to the product and which has been served under or by virtue of paragraph 1 of Schedule 4 (Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act), or

• (c) in any other case, a magistrates’ court.

• (2) In Scotland, the appropriate court for the purposes of regulation 69 is—

• (a) the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office, or

• (b) an employment tribunal seized of appeal proceedings against a notice which relates to the product and which has been served under or by virtue of paragraph 1 of Schedule 4 (Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act).

• (3) A person aggrieved by an order made by a magistrates’ court in England and Wales pursuant to an application under regulation 69, or by a decision of such a court not to make such an order, may appeal against that order or decision in England and Wales, to the Crown Court.

PART 6 — Miscellaneous

Review

71

• (1) The Secretary of State must from time to time—

• (a) carry out a review of these Regulations,

• (b) set out the conclusions of the review in a report, and

• (c) publish the report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.

• (3) The report must, in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

• (b) assess the extent to which those objectives are achieved, and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

• (4) The first report under this regulation must be published no later than 5 years after the commencement date.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

Transitional provisions

72

• (1) A certificate issued, or approval granted, by a notified body under Schedule 6 to the 1996 Regulations, or any enactment of another Member State which implemented the 1994 Directive, is to be treated as a certificate issued or approval granted under the ATEX Directive.

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

Revocations and savings

73

• (1) Subject to paragraph (3) and (3A), the 1996 Regulations, the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2001[^f00013] and the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2005[^f00014] are revoked.

• (2) The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1999[^f00015] are revoked.

• (3) Subject to the modifications made in paragraph (3A), the Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to a product placed on the market before the commencement date.

• (3A) The modifications in the 1996 Regulations referred to in paragraph (3) are as follows—

• (i) any reference to “the Community” shall be read as including the United Kingdom;

• (ii) any reference to “member State” shall be read as including the United Kingdom;

• (iii) any reference to “notified body” shall be read as “approved body” as defined in the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016.

Consequential Amendments

74

• (1) In paragraph 1 of Schedule 3 to the Dangerous Substances and Explosive Atmospheres Regulations 2002[^f00016] for “the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996” substitute “the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016”.

• (2) In relation to a product placed on the market before the commencement date, the amendments in paragraph (1) do not apply.

SCHEDULE 1 — Essential Health and Safety Requirements

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES (Annex II of the ATEX Directive)

Preliminary observations

1

• (1) Technological knowledge which can change rapidly, must be taken into account as far as possible and be utilised immediately.

• (2) For the devices referred to in regulation 3(2)(b), the essential health and safety requirements must apply only in so far as they are necessary for the safe and reliable functioning and operation of those devices with respect to the risks of explosion.

COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS

Principles of integrated explosion safety

2

• (1) Equipment and protective systems intended for use in potentially explosive atmospheres must be designed from the point of view of integrated explosion safety.

• (2) In this connection, the manufacturer must take measures—

• (a) above all, if possible, to prevent the formation of explosive atmospheres which may be produced or released by equipment and by protective systems themselves;

• (b) to prevent the ignition of explosive atmospheres, taking into account the nature of every electrical and non-electrical source of ignition;

• (c) should an explosion nevertheless occur which could directly or indirectly endanger persons and, as the case may be, domestic animals or property, to halt the explosion immediately or to limit the range of explosion flames and explosion pressures to a sufficient level of safety, or both.

• (3) Equipment and protective systems must be designed and manufactured after due analysis of possible operating faults in order as far as possible to preclude dangerous situations.

• (4) Any misuse which can reasonably be anticipated must be taken into account.

Special checking and maintenance conditions

3

Equipment and protective systems subject to special checking and maintenance conditions must be designed and constructed with such conditions in mind.

Surrounding area conditions

4

Equipment and protective systems must be so designed and constructed as to be capable of coping with actual or foreseeable surrounding area conditions.

Marking

5

• (1) All equipment and protective systems must be marked legibly and indelibly with the following minimum particulars—

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

• (b) UK marking;

• (c) designation of series or type;

• (d) batch or serial number, if any;

• (e) year of construction;

• (f) the specific marking of explosion protection [image omitted] followed by the symbol of the equipment-group and category;

• (g) for equipment-group II,

• (i) the letter ‘G’ (concerning explosive atmospheres caused by gases, vapours or mists); or

• (ii) the letter ‘D’ (concerning explosive atmospheres caused by dust); or

• (iii) both the letter ‘G’ (concerning explosive atmospheres caused by gases, vapours or mists) and the letter ‘D’ (concerning explosive atmospheres caused by dust).

• (2) Furthermore, where necessary, they must also be marked with all information essential to their safe use.

Instructions

6

• (1) All equipment and protective systems must be accompanied by instructions, including at least the following particulars—

• (a) a recapitulation of the information with which the equipment or protective system is marked, except for the batch or serial number (see paragraphs 5(1) and (2)), together with any appropriate additional information to facilitate maintenance (e.g. address of the repairer, etc.);

• (b) instructions for safe—

• (i) putting into service;

• (ii) use;

• (iii) assembling and dismantling;

• (iv) maintenance (servicing and emergency repair);

• (v) installation;

• (vi) adjustment;

• (c) where necessary, an indication of the danger areas in front of pressure-relief devices;

• (d) where necessary, training instructions;

• (e) details which allow a decision to be taken beyond any doubt as to whether an item of equipment in a specific category or a protective system can be used safely in the intended area under the expected operating conditions;

• (f) electrical and pressure parameters, maximum surface temperatures and other limit values;

• (g) where necessary, special conditions of use, including particulars of possible misuse which experience has shown might occur;

• (h) where necessary, the essential characteristics of tools which may be fitted to the equipment or protective system.

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

• (3) Literature describing the equipment or protective system must not contradict the instructions with regard to safety aspects.

Selection of materials

7

• (1) The materials used for the construction of equipment and protective systems must not trigger off an explosion, taking into account foreseeable operational stresses.

• (2) Within the limits of the operating conditions laid down by the manufacturer, it must not be possible for a reaction to take place between the materials used and the constituents of the potentially explosive atmosphere which could impair explosion protection.

• (3) Materials must be so selected that predictable changes in their characteristics and their compatibility in combination with other materials will not lead to a reduction in the protection afforded; in particular, due account must be taken of the material’s corrosion and wear resistance, electrical conductivity, mechanical strength, ageing resistance and the effects of temperature variations.

Design and construction

8

• (1) Equipment and protective systems must be designed and constructed with due regard to technological knowledge of explosion protection so that they can be safely operated throughout their foreseeable lifetime.

• (2) Components to be incorporated into or used as replacements in equipment and protective systems must be so designed and constructed that they function safely for their intended purpose of explosion protection when they are installed in accordance with the manufacturer’s instructions.

Enclosed structures and prevention of leaks

9

• (1) Equipment which may release flammable gases or dusts must, wherever possible, employ enclosed structures only.

• (2) If equipment contains openings or non-tight joints, these must, as far as possible, be designed in such a way that releases of gases or dusts cannot give rise to explosive atmospheres outside the equipment.

• (3) Points where materials are introduced or drawn off must, as far as possible, be designed and equipped so as to limit releases of flammable materials during filling or draining.

Dust deposits

10

• (1) Equipment and protective systems which are intended to be used in areas exposed to dust must be so designed that deposit dust on their surfaces is not ignited.

• (2) In general, dust deposits must be limited where possible. Equipment and protective systems must be easily cleanable.

• (3) The surface temperatures of equipment parts must be kept well below the glow temperature of the deposit dust.

• (4) The thickness of deposit dust must be taken into consideration and, if appropriate, means must be taken to limit the temperature in order to prevent a heat build up.

Additional means of protection

11

• (1) Equipment and protective systems which may be exposed to certain types of external stresses must be equipped, where necessary, with additional means of protection.

• (2) Equipment must withstand relevant stresses, without adverse effect on explosion protection.

Safe opening

12

If equipment and protective systems are in a housing or a locked container forming part of the explosion protection itself, it must be possible to open such housing or container only with a special tool or by means of appropriate protection measures.

Protection against other hazards

13

• (1) Equipment and protective systems must be so designed and manufactured as to—

• (a) avoid physical injury or other harm which might be caused by direct or indirect contact;

• (b) assure that surface temperatures of accessible parts or radiation which would cause a danger, are not produced;

• (c) eliminate non-electrical dangers which are revealed by experience;

• (d) assure that foreseeable conditions of overload do not give rise to dangerous situations.

• (2) Where, for equipment and protective systems, the risks referred to in paragraph (1) are wholly or partly covered by any other enactment, these Regulations do not apply or cease to apply in the case of such equipment and protective systems and of such risks upon application of that specific enactment.

Overloading of equipment

14

Dangerous overloading of equipment must be prevented at the design stage by means of integrated measurement, regulation and control devices, such as over-current cut-off switches, temperature limiters, differential pressure switches, flowmeters, time-lag relays, overspeed monitors or similar types of monitoring devices, or both overspeed monitors and similar types of monitoring devices.

Flameproof enclosure systems

15

If parts which can ignite an explosive atmosphere are placed in an enclosure, measures must be taken to ensure that the enclosure withstands the pressure developed during an internal explosion of an explosive mixture and prevents the transmission of the explosion to the explosive atmosphere surrounding the enclosure.

POTENTIAL IGNITION SOURCES

Hazards arising from different ignition sources

16

Potential ignition sources such as sparks, flames, electric arcs, high surface temperatures, acoustic energy, optical radiation, electromagnetic waves and other ignition sources must not occur.

Hazards arising from static electricity

17

Electrostatic charges capable of resulting in dangerous discharges must be prevented by means of appropriate measures.

Hazards arising from stray electric and leakage currents

18

Stray electric and leakage currents in conductive equipment parts which could result in, for example, the occurrence of dangerous corrosion, overheating of surfaces or sparks capable of provoking an ignition must be prevented.

Hazards arising from overheating

19

Overheating caused by friction or impacts occurring, for example, between materials and parts in contact with each other while rotating or through the intrusion of foreign bodies must, as far as possible, be prevented at the design stage.

Hazards arising from pressure compensation operations

20

Equipment and protective systems must be so designed or fitted with integrated measuring, control and regulation devices that pressure compensations arising from them do not generate shock waves or compressions which may cause ignition.

Hazards arising from external effects

21

• (1) Equipment and protective systems must be so designed and constructed as to be capable of performing their intended function in full safety, even in changing environmental conditions and in the presence of extraneous voltages, humidity, vibrations, contamination and other external effects, taking into account the limits of the operating conditions established by the manufacturer.

• (2) Equipment parts used must be appropriate to the intended mechanical and thermal stresses and capable of withstanding attack by existing or foreseeable aggressive substances.

Requirements in respect of safety-related devices

22

• (1) Safety devices must function independently of any measurement or control devices, or both measurement and control devices required for operation.

• (2) As far as possible, failure of a safety device must be detected sufficiently rapidly by appropriate technical means to prevent dangerous situations from occurring.

• (3) The fail-safe principle is to be applied in general.

• (4) Safety-related switching must in general directly actuate the relevant control devices without intermediate software command.

• (5) In the event of a safety device failure, equipment or protective systems or both must wherever possible, be secured.

• (6) Emergency stop controls of safety devices must, as far as possible, be fitted with restart lockouts. A new start command may take effect on normal operation only after the restart lockouts have been intentionally reset.

Control and display units

23

Where control and display units are used, they must be designed in accordance with ergonomic principles in order to achieve the highest possible level of operating safety with regard to the risk of explosion.

Requirements in respect of devices with a measuring function for explosion protection

24

• (1) In so far as they relate to equipment used in explosive atmospheres, devices with a measuring function must be designed and constructed so that they can cope with foreseeable operating requirements and special conditions of use.

• (2) Where necessary, it must be possible to check the reading accuracy and serviceability of devices with a measuring function.

• (3) The design of devices with a measuring function must incorporate a safety factor which ensures that the alarm threshold lies far enough outside the explosion or ignition limits of the atmospheres to be registered, or both the explosion and ignition limits, taking into account, in particular, the operating conditions of the installation and possible aberrations in the measuring system.

Risks arising from software

25

In the design of software-controlled equipment, protective systems and safety devices, special account must be taken of the risks arising from faults in the programme.

Integration of safety requirements relating to the system

26

• (1) Manual override must be possible in order to shut down the equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that this does not compromise safety.

• (2) When the emergency shutdown system is actuated, accumulated energy must be dispersed as quickly and as safely as possible or isolated so that it no longer constitutes a hazard.

• (3) Sub-paragraph (2) does not apply to electrochemically-stored energy.

Hazards arising from power failure

27

Where equipment and protective systems can give rise to a spread of additional risks in the event of a power failure, it must be possible to maintain them in a safe state of operation independently of the rest of the installation.

Hazards arising from connections

28

• (1) Equipment and protective systems must be fitted with suitable cable and conduit entries.

• (2) When equipment and protective systems are intended for use in combination with other equipment and protective systems, the interface must be safe.

Placing of warning devices as parts of equipment

29

Where equipment or protective systems are fitted with detection or alarm devices for monitoring the occurrence of explosive atmospheres, the necessary instructions must be provided to enable them to be provided at the appropriate places.

SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT

Requirements applicable to equipment in category M 1 of equipment-group I

30

• (1) Equipment must be so designed and constructed that sources of ignition do not become active, even in the event of rare incidents relating to equipment.

• (2) Equipment must be equipped with means of protection such that—

• (a) either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection; or

• (b) the requisite level of protection is ensured in the event of two faults occurring independently of each other.

• (3) Where necessary, equipment must be equipped with additional special means of protection.

• (4) Equipment must remain functional with an explosive atmosphere present.

• (5) Where necessary, equipment must be so constructed that no dust can penetrate it.

• (6) The surface temperatures of equipment parts must be kept clearly below the ignition temperature of the foreseeable air/dust mixtures in order to prevent the ignition of suspended dust.

• (7) Equipment must be so designed that the opening of equipment parts which may be sources of ignition is possible only under non-active or intrinsically safe conditions. Where it is not possible to render equipment non-active, the manufacturer must affix a warning label to the opening part of the equipment.

• (8) If necessary, equipment must be fitted with appropriate additional interlocking systems.

Requirements applicable to equipment in category M 2 of equipment-group I

31

• (1) Equipment must be equipped with means of protection ensuring that sources of ignition do not become active during normal operation, even under more severe operating conditions, in particular those arising from rough handling and changing environmental conditions.

• (2) The equipment must be de-energised in the event of an explosive atmosphere.

• (3) Equipment must be so designed that the opening of equipment parts which may be sources of ignition is possible only under non-active conditions or via appropriate interlocking systems. Where it is not possible to render equipment non-active, the manufacturer must affix a warning label to the opening part of the equipment.

• (4) The requirements regarding explosion hazards arising from dust applicable to equipment category M 1 must be applied.

Explosive atmospheres caused by gases, vapours or mists

32

• (1) Equipment must be so designed and constructed that sources of ignition do not become active, even in the event of rare incidents relating to equipment.

• (2) It must be equipped with means of protection such that—

• (a) either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection; or

• (b) the requisite level of protection is ensured in the event of two faults occurring independently of each other.

• (3) For equipment with surfaces which may heat up, measures must be taken to ensure that the stated maximum surface temperatures are not exceeded even in the most unfavourable circumstances.

• (4) Temperature rises caused by heat build-ups and chemical reactions must also be taken into account.

• (5) Equipment must be so designed that the opening of equipment parts which might be sources of ignition is possible only under non-active or intrinsically safe conditions. Where it is not possible to render equipment non-active, the manufacturer must affix a warning label to the opening part of the equipment.

• (6) If necessary, equipment must be fitted with appropriate additional interlocking systems.

Explosive atmospheres caused by air and dust mixtures

33

• (1) Equipment must be so designed and constructed that ignition of air and dust mixtures does not occur even in the event of rare incidents relating to equipment.

• (2) It must be equipped with means of protection such that—

• (a) either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection; or

• (b) the requisite level of protection is ensured in the event of two faults occurring independently of each other.

• (3) Where necessary, equipment must be so designed that dust can enter or escape from the equipment only at specifically designated points.

• (4) The requirement in sub-paragraph (3) must also be met by cable entries and connecting pieces.

• (5) The surface temperatures of equipment parts must be kept well below the ignition temperature of the foreseeable air and dust mixtures in order to prevent the ignition of suspended dust.

• (6) With regard to the safe opening of equipment parts, sub-paragraph 32(5) applies.

Explosive atmospheres caused by gases, vapours or mists

34

• (1) Equipment must be so designed and constructed as to prevent ignition sources arising, even in the event of frequently occurring disturbances or equipment operating faults, which normally have to be taken into account.

• (2) Equipment parts must be so designed and constructed that their stated surface temperatures are not exceeded, even in the case of risks arising from abnormal situations anticipated by the manufacturer.

• (3) Equipment must be so designed that the opening of equipment parts which might be sources of ignition is possible only under non-active conditions or via appropriate interlocking systems. Where it is not possible to render equipment non-active, the manufacturer must affix a warning label to the opening part of the equipment.

Explosive atmospheres caused by air and dust mixtures

35

• (1) Equipment must be designed and constructed so that ignition of air and dust mixtures is prevented, even in the event of frequently occurring disturbances or equipment operating faults which normally have to be taken into account.

• (2) With regard to surface temperatures, sub-paragraph 33(5) applies.

• (3) With regard to protection against dust, sub-paragraph 33(3) applies.

• (4) With regard to the safe opening of equipment parts, sub-paragraph 34(3) applies.

Explosive atmospheres caused by gases, vapours or mists

36

• (1) Equipment must be so designed and constructed as to prevent foreseeable ignition sources which can occur during normal operation.

• (2) Surface temperatures must not exceed the stated maximum surface temperatures under intended operating conditions. Higher temperatures in exceptional circumstances may be allowed only if the manufacturer adopts special additional protective measures.

Explosive atmospheres caused by air and dust mixtures

37

• (1) Equipment must be so designed and constructed that air and dust mixtures cannot be ignited by foreseeable ignition sources likely to exist during normal operation.

• (2) With regard to surface temperatures, sub-paragraph 33(5) applies.

• (3) Equipment, including cable entries and connecting pieces, must be so constructed that, taking into account the size of its particles, dust can neither develop explosive mixtures with air nor form dangerous accumulations inside the equipment.

General requirements

38

• (1) Protective systems must be dimensioned in such a way as to reduce the effects of an explosion to a sufficient level of safety.

• (2) Protective systems must be designed and capable of being positioned in such a way that explosions are prevented from spreading through dangerous chain reactions or flashover and incipient explosions do not become detonations.

• (3) In the event of a power failure, protective systems must retain their capacity to function for a period sufficient to avoid a dangerous situation.

• (4) Protective systems must not fail due to outside interference.

Characteristics of materials

39

• (1) With regard to the characteristics of materials, the maximum pressure and temperature to be taken into consideration at the planning stage are the expected pressure during an explosion occurring under extreme operating conditions and the anticipated heating effect of the flame.

• (2) Protective systems designed to resist or contain explosions must be capable of withstanding the shock wave produced without losing system integrity.

• (3) Accessories connected to protective systems must be capable of withstanding the expected maximum explosion pressure without losing their capacity to function.

• (4) The reactions caused by pressure in peripheral equipment and connected pipe-work must be taken into consideration in the planning and design of protective systems.

Pressure-relief systems

40

If it is likely that stresses on protective systems will exceed their structural strength, provision must be made in the design for suitable pressure-relief devices which do not endanger persons in the vicinity.

Explosion suppression systems

41

Explosion suppression systems must be so planned and designed that they react to an incipient explosion at the earliest possible stage in the event of an incident and counteract it to best effect, with due regard to the maximum rate of pressure increase and the maximum explosion pressure.

Explosion decoupling systems

42

Decoupling systems intended to disconnect specific equipment as swiftly as possible in the event of incipient explosions by means of appropriate devices must be planned and designed so as to remain proof against the transmission of internal ignition and to retain their mechanical strength under operating conditions.

43

Protective systems must be capable of being integrated into a circuit with a suitable alarm threshold so that, if necessary, there is cessation of product feed and output and shutdown of equipment parts which can no longer function safely.

SCHEDULE 2 — Approved body requirements

1

• (1) A conformity assessment body must have legal personality and must be established in—

• (a) the United Kingdom; or

• (b) the territory of a party to the CPTPP.

• (2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.

2

A conformity assessment body must be a third party body independent of the organisation or the product it assesses.

3

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of products which it assesses is to be a conformity assessment body for the purposes of regulation 43 (approval of conformity assessment bodies) provided that such body can demonstrate—

• (a) its independence from such business association or professional federation; and

• (b) the absence of any conflict of interest.

4

• (1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the products, nor the representative of any of those parties.

• (2) Sub-paragraph (1) does not preclude the use of assessed products that are necessary for the operations of the conformity assessment body or the use of products for personal purposes.

5

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of the products, or represent the parties engaged in those activities.

6

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in activity that may conflict with their independence of judgment or integrity in relation to conformity assessment activities for which they are approved (including consultancy services).

7

A conformity assessment body must ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

8

A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their conformity assessment activities, especially as regards persons or groups of persons who have an interest in the results of those activities.

9

A conformity assessment body must be capable of carrying out all of the conformity assessment activities for which it has been, or is to be, approved, whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

10

A conformity assessment body must have —

• (a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

• (b) descriptions of procedures in accordance with which conformity assessment activities are to be carried out, ensuring the transparency of and the ability to reproduce those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as an approved body and other activities;

• (c) procedures for the performance of conformity assessment activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.

11

A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities to enable it to perform those activities.

12

The personnel responsible for carrying out conformity assessment activities must have—

• (a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been approved;

• (b) satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;

• (c) appropriate knowledge and understanding of the essential health and safety requirements, of the applicable designated standards and of these Regulations;

• (d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

13

A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.

14

The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.

15

A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.

16

A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.

17

Paragraph 16 does not prevent the personnel from providing information to the Secretary of State or the market surveillance authority pursuant to these Regulations or under any enactment.

18

A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any approved body coordination group established by the Secretary of State and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

SCHEDULE 3 — Operational obligations of approved bodies

1

An approved body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

2

An approved body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

3

An approved body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

4

An approved body must respect the degree of rigour and the level of protection required to ensure that the product is in conformity with the requirements of these Regulations.

5

Where an approved body finds that essential health and safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.

6

Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, an approved body finds that a product is no longer in conformity with the essential health and safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).

7

Where the approved body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the approved body must restrict, suspend or withdraw any certificate of conformity or approval.

8

Paragraph 9 applies where an approved body is minded to—

• (a) refuse to issue a certificate of conformity or grant an approval;

• (b) restrict, suspend or withdraw a certificate of conformity or approval.

9

Where this paragraph applies, the approved body must—

• (a) give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

• (b) give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

• (c) take account of any such representations before taking its decision.

10

An approved body must inform the Secretary of State of—

• (a) any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

• (b) any circumstances affecting the scope of, or conditions for, notification under regulation 43 (approval of conformity assessment bodies);

• (c) any request for information which it has received from the market surveillance authority regarding conformity assessment activities; and

• (d) on request, any conformity assessment activities performed within the scope of its approval under regulation 43 and any other activity performed, including cross-border activities and subcontracting.

11

An approved body must make provision in its contracts with its clients enabling such clients to appeal against a decision—

• (a) to refuse to issue a certificate of conformity or grant an approval; or

• (b) to restrict, suspend or withdraw a certificate of conformity or approval.

12

An approved body must provide other bodies approved under these Regulations carrying out similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.

13

An approved body must participate in the work of any approved body coordination group established by the Secretary of State, directly or by means of its designated representatives.

14

An approved body must—

• (a) acknowledge receipt of the technical documentation provided by the manufacturer in accordance with regulation 39(1)(b)(ii)(bb) (conformity assessment procedures) as soon as possible; and

• (b) retain the technical documentation referred to in sub-paragraph (a).

SCHEDULE 4 — Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act

Enforcement powers under the 1974

1

For the purposes of enforcing these Regulations, the following sections of the 1974 Act apply subject to the modifications in paragraph 2—

• (a) section 19 (appointment of inspectors);

• (b) section 20 (powers of inspectors);

• (c) section 21 (improvement notices);

• (d) section 22 (prohibition notices);

• (e) section 23 (provisions supplementary to ss 21 and 22);

• (f) section 24 (appeal against improvement or prohibition notice);

• (g) section 25 (power to deal with cause of imminent danger);

• (h) section 25A (power of customs officer to detain articles and substances);

• (i) section 26 (power of enforcing authorities to indemnify inspectors);

• (j) section 27 (obtaining of information by the Executive, enforcing authorities etc);

• (k) section 27A (information communicated by Commissioners for Revenue and Customs);

• (l) section 28 (restrictions on disclosure of information);

• (m) section 33 (offences);

• (n) section 34 (extension of time for bringing summary proceedings);

• (o) section 35 (venue);

• (p) section 39 (prosecution by inspectors);

• (q) section 41 (evidence); and

• (r) section 42 (power of court to order cause of offence to be remedied or, in certain cases, forfeiture).

Modifications to the 1974 Act

2

The sections of the 1974 Act referred to in paragraph 1 are to apply as if—

• (a) references to “relevant statutory provisions” were references to—

• (i) the provisions of the 1974 Act set out in paragraph 1, as modified by this paragraph; and

• (ii) these Regulations;

• (b) references to “risk” were references to risk within the meaning of regulation 2(5) of these Regulations;

• (c) in section 19—

• (i) in subsection (1), for “Every enforcing authority” there were substituted “the Health and Safety Executive and the Office for Nuclear Regulation”;

• (ii) in subsection (1), “within its field of responsibility” were omitted;

• (iii) in subsection (2), paragraph (b) were omitted;

• (iv) in subsection (3), for “enforcing authority which appointed him” there were substituted “Health and Safety Executive or the Office for Nuclear Regulation as the case may be”;

• (d) in section 20—

• (i) in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

• (ii) in subsection (2)(c)(i), for “his (the inspector’s) enforcing authority” there were substituted “the Health and Safety Executive or the Office for Nuclear Regulation as the case may be”;

• (iii) in subsection 2(h), for “him to have caused or to be likely to cause danger to health or safety”, there were substituted “contravene the relevant statutory provisions or present a risk”; and

• (iv) subsection (3) were omitted;

• (e) in section 21—

• (i) before paragraph (a), there were inserted—

(za) is making available on the market a product which presents a risk;

• (ii) after “specifying the”, there were inserted “risk, or”; and

• (iii) after “requiring that person to”, there were inserted “address the risk or”;

• (f) for section 22(2) there were substituted—

(2) An inspector may serve a notice (in this Part referred to as “a prohibition notice”) on a person if, as regards any activities to which this section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve— (a) a risk; or (b) a contravention of a relevant statutory provision.

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

• (h) in section 25A(1)—

• (i) for “an enforcing authority or inspector”, there were substituted “the Health and Safety Executive or the Office for Nuclear Regulation as the case may be”;

• (ii) for the “authority”, there were substituted “the Health and Safety Executive or the Office for Nuclear Regulation as the case may be”;

• (i) for the title to section 26, there were substituted “Power to indemnify its inspectors”;

• (j) in section 26, for each of the following references there were substituted “the Health and Safety Executive or the Office for Nuclear Regulation as the case may be”—

• (i) “the enforcing authority which appointed him”;

• (ii) “that authority”; and

• (iii) “the authority”;

• (k) in section 27—

• (i) for “Executive”, on each occasion that it appears, there were substituted “Health and Safety Executive or the Office for Nuclear Regulation as the case may be”;

• (ii) in subsection (1), paragraph (b) were omitted; and

• (iii) in subsection (1), “or, as the case may be, to the enforcing authority in question” were omitted;

• (l) for section 27A(2) there were substituted—

(2) This subsection applies to the Health and Safety Executive, the Office for Nuclear Regulation and to an inspector

• (m) in section 28—

• (i) for “Executive”, on each occasion that it appears, there were substituted “Health and Safety Executive”;

• (ii) in subsection (1)(a), “, other than the Officer for Nuclear Regulation (or an inspector appointed by it),” were omitted;

• (iii) in subsection (1)(a), “, by virtue of section 43A(6) below” were omitted;

• (iv) in subsection (3)(a), “or an enforcing authority” were omitted;

• (v) in subsection (4), “or an enforcing authority” were omitted;

• (vi) in subsection (4), “(including, in the case of an enforcing authority, any inspector appointed by it)” were omitted;

• (vii) in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted;

• (viii) in subsection (7), “14(4)(a) or” were omitted;

• (ix) in subsection (7), for paragraph (b), there were substituted—

(b) for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;

; and

• (x) subsection (9B) were omitted;

• (n) in section 33—

• (i) in subsection (1), the paragraphs (a) to (i) and (k) to (m) were omitted;

• (ii) for subsection (2), there were substituted—

(2) A person guilty of an offence under this section is liable— (a) on summary conviction— (i) in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both; (ii) in Scotland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or to both; (b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or to both.

; and

• (iii) section 33(3) were omitted;

• (o) in section 34—

• (i) in subsection (1), paragraphs (a) and (b) were omitted;

• (ii) in subsection (1), for the words from “and it appears” to the end, there were substituted “and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry.”; and

• (iii) subsections (3) to (6) were omitted;

• (p) in section 35, for “any enforcing authority”, there were substituted “the Health and Safety Executive or the Office for Nuclear Regulation as the case may be”;

• (q) in section 39(1), for “enforcing authority which appointed him” there were substituted “the Health and Safety Executive or the Office for Nuclear Regulation as the case may be”; and

• (r) in section 42, subsections (3A), (4) and (5) were omitted.

SCHEDULE 5 — Compliance, withdrawal and recall notices

Compliance notice

1

• (1) The market surveillance authority may serve a compliance notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that there is non-compliance.

• (2) A compliance notice must—

• (a) require the relevant economic operator on which it is served to—

• (i) end the non-compliance within such period as may be specified in the notice; or

• (ii) provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the market surveillance authority that the non-compliance has not in fact occurred; and

• (b) warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken in respect of the product or any product of the same type made available on the market by the relevant economic operator.

• (3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

• (4) Subject to sub-paragraph (5), the market surveillance authority may revoke or vary a compliance notice by serving a notification on the economic operator.

• (5) The market surveillance authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Withdrawal notice

2

• (1) The market surveillance authority may serve a withdrawal notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that—

• (a) the product has been made available on the market; and

• (b) there is non-compliance.

• (2) A withdrawal notice must prohibit the relevant economic operator from making the product available on the market without the consent of the market surveillance authority.

• (3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the product.

• (4) A withdrawal notice may require the relevant economic operator to keep the market surveillance authority informed of the whereabouts of any product referred to in the notice.

• (5) A consent given by the market surveillance authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the market surveillance authority considers appropriate.

• (6) Subject to sub-paragraph (7), the market surveillance authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.

• (7) The market surveillance authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

• (8) A withdrawal notice has effect throughout Great Britain.

Recall notice

3

• (1) The market surveillance authority may serve a recall notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that—

• (a) the product has been made available to end-users; and

• (b) there is non-compliance.

• (2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the product from end-users to the relevant economic operator or another person specified in the notice.

• (3) A recall notice may—

• (a) require the recall to be effected in accordance with a code of practice;

• (b) require the relevant economic operator to—

• (i) contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

• (ii) publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the product poses and the fact of the recall; or

• (iii) make arrangements for the collection or return of the product from end-users or its disposal; or

• (c) impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the product.

• (4) In determining what requirements to include in a recall notice, the market surveillance authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

• (5) A recall notice may only be issued by the market surveillance authority where—

• (a) other action which it may require under these Regulations would not suffice to address the non-compliance;

• (b) the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;

• (c) the market surveillance authority has given not less than 10 days’ notice to the relevant economic operator of its intention to serve such a notice; and

• (d) the market surveillance authority has taken account of any advice obtained under sub-paragraph (6).

• (6) A relevant economic operator which has received notice from the market surveillance authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—

• (a) whether there is non-compliance; and

• (b) whether the issue of a recall notice would be proportionate.

• (7) Sub-paragraphs (5)(b), (c) and (d) do not apply in the case of a product presenting a serious risk requiring, in the view of the market surveillance authority, urgent action.

• (8) Where a relevant economic operator requires the market surveillance authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the market surveillance authority.

• (9) In this paragraph, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.

• (10) A recall notice served by the market surveillance authority may require the relevant economic operator to keep the authority informed of the whereabouts of a product to which the recall notice relates, so far as the relevant economic operator is able to do so.

• (11) Subject to sub-paragraph (12), the market surveillance authority may revoke or vary a recall notice by serving a notification on the economic operator.

• (12) The market surveillance authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

• (13) A recall notice has effect throughout Great Britain.

Interpretation

4

In this Schedule, “non-compliance” means that the product—

• (a) presents a risk; or

• (b) is not in conformity with Part 2 or RAMS in its application to a product.

SCHEDULE 6 — ... Declaration of Conformity (No. XXXX)

1

Product model/product (product, type, batch or serial number):

2

Name and address of manufacturer and, where applicable, the authorised representative:

3

This declaration of conformity is issued under the sole responsibility of the manufacturer.

4

Object of the declaration (identification of product allowing traceability; it may, where necessary for the identification of the product, include an image):

5

The object of the declaration described above is in conformity with the relevant statutory requirements:

6

References to the relevant designated standards used or references to the other technical specifications in relation to which conformity is declared:

7

Where applicable, the approved body (name, number) performed (description of intervention) and issued the certificate:

8

Additional information:

• Signed for and on behalf of:

• (place and date of issue):

• (name, function) (signature):

Signed

Margot James — Parliamentary Under Secretary of State Minister for Small Business, Consumers and Corporate Responsibility — Department for Business, Energy and Industrial Strategy — 2016-11-15

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations transpose Directive 2014/34/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 equipment and protective systems intended for use in potentially explosive atmospheres (recast) (OJ L 96, 29.3.2014, p.309) (“the Directive”).

The Directive repeals and replaces Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 100, 19.4.1994, p.1) which was implemented in Great Britain by the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 (S.I. 1996/192) (as amended) (“the 1996 Regulations”). These Regulations revoke and replace S.I. 1996/192.

Regulation 3 defines a “product” for use within potentially explosive atmospheres or for incorporation into equipment and protective systems. Regulation 4 provides an exception, allowing the use of a product which is not in conformity with Part 2, for the purposes of trade fairs, exhibitions and demonstrations.

Part 2 sets out the obligations of economic operators. Regulations 5 to 17 set out the obligations specific to manufacturers. These obligations include ensuring that a product has been designed and manufactured in accordance with the essential health and safety requirements set out in Schedule 1, taking action where products are not in conformity, having a relevant conformity assessment procedure carried out, affixing the CE marking, obligations to retain technical documentation, appointment of authorised representatives and product requirements.

Regulations 18 to 27 set out the obligations that are specific to importers. These obligations include ensuring that importers are not placing on the market products which are not in conformity with the essential health and safety requirements and taking action where they are not, checking that the manufacturer has carried out a relevant conformity assessment procedure and labelled the products correctly, ensuring storage and transport conditions do not jeopardise conformity with essential health and safety requirements and product monitoring obligations.

Regulations 28 to 33 set out the obligations that are specific to distributors. These obligations include acting with due care to ensure that the product is in conformity with Part 2 and taking action where it is not, checking that the product bears the CE marking, ensuring storage and transport conditions do not jeopardise conformity with the essential health and safety requirements and checking that the products are labelled correctly.

Regulations 35 to 37 set out the obligations that manufacturers, importers and distributors have. These obligations include prohibitions on the improper use of CE marking and a requirement to translate the declaration of conformity into the language required by the Member State within which it is made available.

Part 3 sets out provisions concerning the conformity assessment procedure, declarations of conformity and CE marking.

Part 4 sets out provisions concerning the bodies which carry out conformity assessment procedures under the Regulations.

Part 5 sets out provisions for market surveillance and enforcement. Regulation 51 identifies the market surveillance authority which has an obligation to enforce the Regulations in respect of the products. Regulation 53 and Schedules 4 and 5 provide for the enforcement powers which the enforcing authorities are to have. Regulation 61 provides for the contravention of provisions of these Regulations to be an offence. Regulation 62 sets out the penalties that are to apply for offences under these Regulations.

Part 6 sets out transitional provisions and consequential amendments. The 1996 Regulations will continue to apply to any products which are in conformity and placed on the market prior to 8th December 2016.

A transposition note and full impact assessment of the impact that these Regulations will have on the costs of business, the voluntary sector and the public sector are available from the Product Safety Team, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET and are also published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.

Footnotes

[^f00001]: S.I. 1995/751.

[^f00002]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.

[^f00004]: 1974 c.37.

[^f00005]: OJ L 100, 19.4.1994, p.1.

[^f00006]: S.I. 1996/192; amended by S.I. 1998/81, S.I. 2001/3766, S.I. 2005/830, S.I. 2011/1043, S.I. 2012/1809, S.I. 2014/469 and S.I. 2014/3248.

[^f00007]: OJ L 96, 29.3.2014, p. 309.

[^f00009]: OJ L 218, 13.8.2008, p. 30.

[^f00010]: OJ L 399, 30.12.1989, p. 18.

[^f00011]: 2013 c.32.

[^f00012]: 1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.

[^f00013]: S.I. 2001/3766.

[^f00014]: S.I. 2005/830.

[^f00015]: S.I. 1999/2550.

[^f00016]: S.I. 2002/2776.

Editorial notes

[^key-9156eac5d049737243b2c8147d8ea002]: Reg. 1 in force at 8.12.2016, see reg. 1(1)

[^key-3d34b838d0aa2ddd5a86c973041f0c56]: Reg. 2 in force at 8.12.2016, see reg. 1(1)

[^key-52407c0a058d56c872da12e9b61b2467]: Reg. 3 in force at 8.12.2016, see reg. 1(1)

[^key-ae870e9c3f4887126693844846bd9263]: Reg. 4 in force at 8.12.2016, see reg. 1(1)

[^key-c1904355287b6083ac440e007c78f7c6]: Reg. 5 in force at 8.12.2016, see reg. 1(1)

[^key-e58522b5b71db9e791c9b1e0c98fa923]: Reg. 6 in force at 8.12.2016, see reg. 1(1)

[^key-b2a00433bd6bb65c2f1e38a892130416]: Reg. 7 in force at 8.12.2016, see reg. 1(1)

[^key-b1520275a6550e4c70870fcf7454f7ef]: Reg. 8 in force at 8.12.2016, see reg. 1(1)

[^key-6916a32124eac97a2ae84f8fc35ee0c6]: Reg. 9 in force at 8.12.2016, see reg. 1(1)

[^key-fd86585de5c4eacfdcc3130536bb421a]: Reg. 10 in force at 8.12.2016, see reg. 1(1)

[^key-64c3827f68e05c45806b911140e5e8cb]: Reg. 11 in force at 8.12.2016, see reg. 1(1)

[^key-374baff361fd7503f4f6de67fbfd4826]: Reg. 12 in force at 8.12.2016, see reg. 1(1)

[^key-5123f70789cb5cb61eda54e50b07b89d]: Reg. 13 in force at 8.12.2016, see reg. 1(1)

[^key-e77d09526ff3e86041562b66db53ef19]: Reg. 15 in force at 8.12.2016, see reg. 1(1)

[^key-ba03ea3364e4093bd72a9772592a2eab]: Reg. 16 in force at 8.12.2016, see reg. 1(1)

[^key-4d5a57195a48429898b54f5857d8824f]: Reg. 17 in force at 8.12.2016, see reg. 1(1)

[^key-0366fb7425af2397d7eb2ce9dfb530eb]: Reg. 18 in force at 8.12.2016, see reg. 1(1)

[^key-0a55e3a8ba438743d12d58638448ee93]: Reg. 19 in force at 8.12.2016, see reg. 1(1)

[^key-e6d9cc53fb2352808bc552cfb9e22fd7]: Reg. 20 in force at 8.12.2016, see reg. 1(1)

[^key-fee7c334f632583d74e85570e5dbc4b4]: Reg. 21 in force at 8.12.2016, see reg. 1(1)

[^key-037a6ed2f09cc07474ed50618ee6ff57]: Reg. 23 in force at 8.12.2016, see reg. 1(1)

[^key-0605aa14f47d2381bff080136d126acb]: Reg. 24 in force at 8.12.2016, see reg. 1(1)

[^key-76834e02f8e33bddbe3ffa8674df6b46]: Reg. 25 in force at 8.12.2016, see reg. 1(1)

[^key-f64a6780ee861d9a595b9145e0c7467b]: Reg. 26 in force at 8.12.2016, see reg. 1(1)

[^key-8404fee676f1dc93f00edc8b96bd2203]: Reg. 27 in force at 8.12.2016, see reg. 1(1)

[^key-be4cf604ec649f501ec53507062503ff]: Reg. 28 in force at 8.12.2016, see reg. 1(1)

[^key-39bf1efce913b25a0143fd6a1d1dcaf9]: Reg. 29 in force at 8.12.2016, see reg. 1(1)

[^key-0c60a7989f828a87fcfe2141bcda9db2]: Reg. 30 in force at 8.12.2016, see reg. 1(1)

[^key-bab385e4896505dba93b38f0553bfe19]: Reg. 31 in force at 8.12.2016, see reg. 1(1)

[^key-750603aaebf48929f7275963599bb634]: Reg. 32 in force at 8.12.2016, see reg. 1(1)

[^key-f6dc17ec234fea4c75f821d33b7bd0cb]: Reg. 33 in force at 8.12.2016, see reg. 1(1)