The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018

[^key-a7aebe73ada2da755181cc8d2e6983e8]: Words in reg. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 1(5) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e895a3d4a0c8dd4cdbf18a6d3177a58e]: Word in reg. 6 omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 18 para. 1(2)

[^key-5d632f96c82bc2072854f39af55ad40e]: Word in reg. 7(1)(e) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 1(6) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b0348f99df1398c663c6408ac573a2dc]: Word in reg. 8(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 1(7) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-814a242286169874b060a461696e5459]: Words in reg. 12(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 1(8) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c9ee99fc6a53eeb3d1f00cf379cece1e]: Words in reg. 12(1)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 18 para. 1(4)

[^key-898f94a2d914687d0cb38b7667e77315]: Word in reg. 18(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 18 para. 1(5)

[^key-c3ca50c19bf5b9b0e9022d6d4074d915]: Reg. 2C substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 22(2) (with reg. 23)

Obligations which are met by complying with obligations in Regulation 2016/426 (pre-exit)

2A

• (1) In this regulation, “harmonised standard” has the meaning given in Article 2(23) of Regulation 2016/426 (pre-exit).

• (2) Paragraph (3) applies where before placing an appliance or fitting on the market, or using an appliance for their own purposes, the manufacturer—

• (a) ensures that the appliance or fitting has been designed and manufactured in accordance with the essential requirements set out in Annex I to Regulation 2016/426 (pre-exit);

• (b) carries out the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit), or has it carried out;

• (c) draws up the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit);

• (d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

• (e) affixes a CE marking and the inscriptions provided for in Annex IV of Regulation 2016/426 (pre-exit), in accordance with Articles 16, 17(1) to (4) and 18 of Regulation 2016/426 (pre-exit);

• (f) draws up an EU declaration of conformity, in accordance with Article 15 of Regulation 2016/426 (pre-exit); and

• (g) ensures that the EU declaration of conformity is prepared in or translated into English.

• (3) Where this paragraph applies—

• (a) the requirements of Articles 7(1) and (2) and 14 to 18 are to be treated as being satisfied;

• (b) the requirement in Article 7(5) to ensure that appliances and fittings bear inscriptions, is to be treated as being satisfied;

• (c) Articles 7(3), (4) and (7), 8(2) and point 1.7 of Annex I (referred to in Article 7(7)) and regulations 7(1) and 8(3)(a) apply subject to the modifications in paragraph (8); and

• (d) Article 40 does not apply.

• (4) Paragraph (5) applies where before placing an appliance or fitting on the market, the importer ensures that—

• (a) the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit) has been carried out;

• (b) the manufacturer has drawn up the technical documentation referred to in Annex III of Regulation 2016/426 (pre-exit); and

• (c) the appliance or fitting bears the CE marking in accordance with Articles 16 and 17(1) to (4) of Regulation 2016/426 (pre-exit).

• (5) Where this paragraph applies—

• (a) the requirements in the first or second subparagraph of Article 9(2), as applicable, to ensure that—

• (i) the appropriate conformity assessment procedure referred to in Article 14 has been carried out;

• (ii) the manufacturer has drawn up the technical documentation; and

• (iii) the appliance or fitting bears the UK marking,

are to be treated as being satisfied;

• (b) the third subparagraph of Article 9(2), Article 9(5) and (8), and regulations 7(1) and 8(3)(b) apply subject to the modifications in paragraph (8); and

• (c) in relation to fittings, the second subparagraph of Article 9(2) (other than those requirements treated as being satisfied), point 1.7 of Annex I (referred to in that subparagraph) and the second subparagraph of Article 9(4) also apply subject to the modifications in paragraph (8).

• (6) Paragraph (7) applies where, before placing an appliance or fitting on the market, a distributor ensures that the appliance or fitting bears the CE marking in accordance with Articles 16 and 17(1) to (4) of Regulation 2016/426 (pre-exit).

• (7) Where this paragraph applies—

• (a) the requirement in the first or second subparagraph of Article 10(2), as applicable, for the distributor to verify that the appliance or fitting bears the UK marking, is to be treated as being satisfied;

• (b) the third subparagraph of Article 10(2), Article 10(3) and regulation 7(1) apply subject to the modifications in paragraph (8); and

• (c) in relation to fittings, the second subparagraph of Article 10(2) (other than that requirement treated as being satisfied) and point 1.7 of Annex I (referred to in that subparagraph) also apply subject to the modifications in paragraph (8).

• (8) The modifications referred to in paragraphs (3)(c), (5)(b) and (c), and (7)(b) and (c) are that—

• (a) any reference to a “declaration of conformity” is to be read as a reference to an EU declaration of conformity, referred to in Article 15 of Regulation 2016/426 (pre-exit);

• (b) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Annex I of Regulation 2016/426 (pre-exit);

• (c) any reference to “designated standard” is to be read as a reference to a harmonised standard;

• (d) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit);

• (e) in regulations 7(1) and 8(3), any reference to a numbered Article is to be read as a reference to the equivalent Article of Regulation 2016/426 (pre-exit).

Conformity assessment procedure obligation which is met by complying with Regulation 2016/426 (pre-exit)

2B

• (1) Paragraph (2) applies where, before placing an appliance or fitting on the market the manufacturer ensures that its conformity with Regulation 2016/426 (pre-exit) has been assessed by means of the conformity assessment procedure set out in point 1 of Annex III to Regulation 2016/426 (pre-exit) and referred to in Article 14(2) of Regulation 2016/426 (pre-exit) as EU type-examination, in accordance with that Article.

• (2) Where this paragraph applies—

• (a) the requirement in Article 14(2) that the conformity of appliances and fittings with Regulation EU 2016/426 be assessed by means of the type-examination set out in point 1 of Annex III is to be treated as being satisfied;

• (b) any reference to “conformity assessment procedure” in Articles 7(2) and 9(2) (first and second subparagraphs) is to be read as including the conformity assessment procedure referred to in Article 14(2) of Regulation 2016/426 (pre-exit) as EU type-examination;

• (c) any reference to “technical documentation” in Articles 7(2), 7(3), 9(2) (first and second subparagraphs) and 9(8) is to be read as including the technical documentation relating to the design of the appliance or fitting as referred to in point 1 of Annex III to Regulation 2016/426 (pre-exit).

Expiry of regulations 2A and 2B

2C

• (1) In this regulation “harmonised standard” has the meaning given to it in Article 2(23) of Regulation 2016/426 (pre-exit).

• (2) Paragraph (3) applies where, before placing an appliance or fitting on the market or using an appliance for their own purposes, the manufacturer—

• (a) ensures that the appliance or fitting has been designed and manufactured in accordance with the essential requirements set out in Annex I to Regulation 2016/426 (pre-exit);

• (b) carries out the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit) or has it carried out;

• (c) draws up the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit); and

• (d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.

• (3) Where this paragraph applies—

• (a) Article 7(1) and the first subparagraph of Article 7(2) are to be treated as being satisfied;

• (b) Articles 13, 14 and 17(3) do not apply;

• (c) the following provisions of Article 7 apply subject to the modifications in paragraph (4)—

• (i) Article 7(2), second subparagraph;

• (ii) Article 7(3);

• (iii) Article 7(4);

• (d) Articles 8, 9(2), (4), (5) and (8), 10(2) and (3), 15(1) to (4), 17(4) and 40(1) and Annex V apply subject to the modifications in paragraph (4).

• (4) The modifications referred to in paragraph (3)(c) and (d) are that—

• (a) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Annex I to Regulation 2016/426 (pre-exit);

• (b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

• (c) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit);

• (d) in Article 7(2), in the second subparagraph the reference to “procedure referred to in the first subparagraph” is to be read as a reference to the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit);

• (e) any reference to “appropriate conformity assessment procedure” is to be read as a reference to the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit);

• (f) Article 17(4) is to be read as if the words beginning with “and” and ending with “paragraph 3” were omitted;

• (g) in Annex 5 the reference to “relevant statutory requirements” is to be read as including Regulation 2016/426 (pre-exit);

• (h) in paragraph 7 of Annex 5, the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the conformity assessment procedure in accordance with Article 14 of Regulation 2016/426 (pre-exit).

Qualifying Northern Ireland Goods

2D

• (1) In this regulation—

• “EU Regulation 2016/426 (Northern Ireland)” means Regulation (EU) No. 2016/426 of the European Parliament and of the Council on appliances burning gaseous fuels, repealing Council Directive 2009/142/EC, as it has effect by virtue of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement;

• “applicable conformity assessment procedure” means the conformity assessment procedure applicable to the appliance or fitting in accordance with Article 14 of EU Regulation 2016/426 (Northern Ireland);

• “CE marking” has the meaning given to it in Article 2(31) of EU Regulation 2016/426 (Northern Ireland);

• “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

• “technical documentation” means the documentation referred to in Annex III of Regulation 2016/426 (Northern Ireland).

• (2) Where paragraph (3) applies—

• (a) an appliance or fitting is to be treated as being in conformity with the essential safety requirements within the meaning given in EU Regulation 2016/426; and

• (b) each relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Chapter II of EU Regulation 2016/426.

• (3) This paragraph applies where—

• (a) the appliance or fitting is—

• (i) in conformity with the essential requirements within the meaning given in EU Regulation 2016/246 (Northern Ireland); and

• (ii) qualifying Northern Ireland goods; and

• (b) each relevant economic operator has complied or is complying with the obligations imposed on them under Chapter II of EU Regulation 2016/426 (Northern Ireland); and

• (c) an importer has complied with the obligations set out in paragraph (4).

• (4) The obligations referred to in paragraph (4)(c) are that, before placing the appliance or fitting on the market, the importer—

• (a) complies with Article 9(3) of EU Regulation 2016/426;

• (b) ensures that—

• (i) the applicable conformity assessment procedure has been carried out in relation to the appliance or fitting;

• (ii) the manufacturer has drawn up the technical documentation; and

• (iii) the appliance or fitting bears the CE marking.

Information obligations

6A

• (1) Nothing in EU Regulation 2016/426 requires any market surveillance authority or the Secretary of State to inform the Commission or member States of any matter in relation to appliances or fittings on the market of Great Britain only.

Offences

Penalties

Defence of due diligence

Liability of persons other than the principal offender

Time limit for prosecution of offences

Written notice under Article 37 and service of documents

Appeals against notices

Appropriate court for appeals against notices etc and further appeals

Compensation

Recovery of expenses of enforcement

Action by enforcement authority

PART 4 — Provisions in respect of the UK(NI) indication

Interpretation

21

In this Part “UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020.

UK(NI) indication

22

• (1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the appliance or fitting, in accordance with this regulation.

• (2) The UK(NI) indication must be affixed—

• (a) visibly, legibly and indelibly; and

• (b) before the appliance or fitting is placed on the market in Northern Ireland.

• (3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with Article 17.

• (4) The UK(NI) indication must be affixed by—

• (a) the manufacturer; or

• (b) the manufacturer's authorised representative.

• (5) Before placing an appliance or fitting on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

United Kingdom notified bodies

23

• (1) The reference in Article 27(5) to “objections” does not include objections on the grounds that—

• (a) the conformity assessment body is established in the United Kingdom; or

• (b) the accreditation certificate was issued by the United Kingdom's national accreditation body.

• (2) Where a notified body established in the United Kingdom is involved in a conformity assessment procedure pursuant to Article 14, the notified body identification number referred to in Article 17(3) is the notified body identification number assigned to the notified body pursuant to regulation 24.

Register of notified bodies established in the United Kingdom

24

• (1) The Secretary of State must ensure that—

• (a) each notified body established in the United Kingdom is assigned an identification number; and

• (b) there is a register of—

• (i) notified bodies established in the United Kingdom;

• (ii) their notified body identification number;

• (iii) the activities for which they have been notified;

• (iv) any restrictions on those activities.

• (2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

• (3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).”.

Offence in relation to the UK(NI) indication

25

• (1) Where an enforcement authority finds that the UK(NI) indication—

• (a) has not been affixed, in contravention of regulation 22; or

• (b) has been affixed otherwise in accordance with regulation 22

it must require a manufacturer to put an end to the non-compliance within such reasonable period as the authority specifies.

• (2) Until the specified period has elapsed, the enforcement authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the manufacturer in respect of the non-compliance referred to in paragraph (1).

• (3) Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcement authority must take appropriate measures to—

• (a) restrict or prohibit the appliance or fitting being available on the market;

• (b) ensure that the appliance or fitting is withdrawn;

• (c) ensure that the appliance or fitting is recalled.

• (4) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice that relates to the UK(NI) indication served on that person under these Regulations.

• (5) A person guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (6) This regulation does not apply where an appliance or fitting presents a risk.

Further use of UK marking