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The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

Type Statutory-Instrument

Publication 2020-12-08

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 8th December 2020

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 8(1) and 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introductory Provisions

Citation and commencement

1

(1) These Regulations may be cited as the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020.

(2) Except as provided in paragraphs (3) to (5), these Regulations come into force on IP completion day.

(3) This Part and Part 6 come into force immediately before the coming into force of regulation 2(1) of the Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 .

(4) Part 4 comes into force immediately before IP completion day.

(5) Part 5 comes into force immediately before the coming into force of regulation 10 of the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 .

Extent

2

(1) This Part and Part 2 extend to England and Wales, Scotland and Northern Ireland.

(2) Part 3 extends to Northern Ireland only.

(3) Any amendment or revocation made by Parts 4, 5 and 6 has the same extent as the provision amended or revoked.

(4) Part 7 extends to England and Wales and Scotland only.

PART 2 — Form of the UK(NI) indication

Form of the UK(NI) indication

3

Schedule 1 sets out the form of the UK(NI) indication.

PART 3 — Amendments to legislation in respect of Northern Ireland

Amendments to legislation in respect of Northern Ireland

4

Schedule 2 contains amendments to legislation relating to Northern Ireland in respect of the UK(NI) indication and related matters.

PART 4 — Amendments to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

5

Schedule 3 contains amendments to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 .

PART 5 — Amendment to the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019

6

Omit regulation 10(a) and (b) of the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019.

PART 6 — Amendment to the Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020

7

Schedule 4 makes amendment to the Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020.

PART 7 — Amendment to retained EU law in respect of authorised representatives

8

Schedule 5 makes amendments to legislation in respect of authorised representatives.

SCHEDULE 1 — UK(NI) indication

1

The UK(NI) indication consists of the initials UKNI taking the following form—

2

Where the UK(NI) indication is reduced or enlarged, the proportions given in the graduated drawing in paragraph 1 must be respected.

3

Where a relevant enactment does not require specific dimensions, the UK(NI) indication must be at least 5 millimetres high.

4

In this Schedule “relevant enactment” means any enactment which provides for the UK(NI) indication to be affixed to or in relation to a product.

SCHEDULE 2 — Amendments to legislation in respect of Northern Ireland

1

(1) The Measuring Container Bottles (EEC Requirements) Regulations 1977 are amended as follows.

(2) In the Schedule (adaptation for Northern Ireland)—

(a) after paragraph 1(b) insert—

(c) after the definition of “production control records” insert— “UK(NI) indication” means the marking in the form set out in Schedule 1 to Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 . (1A) After regulation 5(2) insert— (3) Where the Secretary of State has approved a submitted mark pursuant to regulation 6, the manufacturer's mark must be accompanied by the UK(NI) indication.

(b) in paragraphs 2 and 4 for “Department of Commerce” substitute “ Department for the Economy ”;

(3A) After regulation 9 insert— (9A) Where an inspector finds that a person is in possession in the course of business of any individual measuring container bottle which— (a) is marked with a manufacturer's mark which has been approved by the Secretary of State; and (b) is not accompanied by the UK(NI) indication an inspector must give directions to that person that the bottle may not be sold or supplied with the EEC sign. (3B) In regulation 10(4), for “Regulation 9” substitute “ Regulation 9 or Regulation 9A ”.

2

(1) The Noise Emissions in the Environment by Equipment for Use Outdoors Regulations 2001 are amended as follows.

(2) In regulation 2(2) after the definition of “sound power level LWA” insert—

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

(3) For regulation 7(2)(c) substitute—

(c) in accordance with regulation 11, it bears the— (i) CE marking, accompanied, where regulation 11(2A) applies, by the UK(NI) indication; (ii) indication of the guaranteed sound power level;

(4) After regulation 11(2) insert—

(2A) Where a notified body established in the United Kingdom appointed pursuant to regulation 14 has carried out one or more of the conformity assessment procedures mentioned or referred to in regulation 10, the CE marking must be accompanied by the UK(NI) indication affixed in accordance with paragraph (2B). (2B) The UK(NI) indication must be affixed— (a) in a visible, legible and indelible form to each item of equipment; and (b) before the equipment is placed on the market in Northern Ireland.

(5) In regulation 17—

(a) in paragraph (2), after “complied with” insert “ , or the UK(NI) indication has not been affixed in contravention of regulation 11(2A) or has been affixed otherwise than in conformity with regulation 11(2B) ”;

(b) in paragraph (3)(a), (c)(i) and (c)(ii) after “level” insert “ , or the UK(NI) indication ”.

(6) In regulation 19—

(a) at the beginning of paragraph (1) insert “ Subject to paragraph (1A), ”;

(b) after paragraph (1) insert—

(1A) Where a person fails to comply with a requirement in respect of the UK(NI) indication, a person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

3

(1) The Supply of Machinery (Safety) Regulations 2008 are amended as follows.

(2) In regulation 2(2) after the definition of “safety component” insert—

“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;

(3) After regulation 7(2) insert—

(2A) Where a UK notified body carries out the functions of notified bodies specified in Annexes IX and X the CE marking must be accompanied by the UK(NI) indication affixed in accordance with paragraph (2B). (2B) The UK(NI) indication must be affixed— (a) in a visible, legible and indelible form to the machinery; and (b) before the machinery is placed on the market in Northern Ireland. (2C) Where paragraph (2A) applies, the reference to the identification number of the notified body in Schedule 2, Part 3 Annex III, is a reference to the identification number assigned to the UK notified body by the Secretary of State pursuant to regulation 19A.

(4) After regulation 19 insert—

(19A) (1) The Secretary of State must ensure that— (a) each UK notified body is assigned an identification number; and (b) there is a register of— (i) UK notified bodies; (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).

(5) In regulation 21(1)(b)—

(a) in paragraph (iii) omit “or”;

(b) after paragraph (iii) insert—

(iiia) the UK(NI) indication does not accompany the CE marking in contravention of regulation 7(2A); or (iiib) the UK(NI) indication is affixed other than in accordance with regulation 7(2B); or

(6) In regulation 22(3)(a) for “or (f)” substitute “ , (f), (2A) or (2B) ”.

4

(1) The Aerosol Dispensers Regulations 2009 are amended as follows.

(2) In regulation 2(1) after the definition of “relevant aerosol dispenser” insert—

“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.

(3) After regulation 3(7)(iii) insert—

(7A) Where paragraph (7)(c) is satisfied by a test method specified in point 6.1.4.1(b) or 6.1.4.1(c) which has been approved in writing by the Secretary of State for the purposes of these Regulations, the person responsible for the marketing of the aerosol dispenser has marked the aerosol dispenser with a UK(NI) indication.

(4) In regulation 6—

(a) in paragraph (1) after “and (c)” insert “ and regulation 3(7A) ”;

(b) for paragraph (2) substitute—

(2) Regulation 3(8)(b) and 3(7A), which are not made under that Act, are to be treated as if they were safety regulations made under section 11 of that Act.

(3A) Notwithstanding section 12(5) of the Consumer Protection Act 1987 any person guilty of an offence under that section of contravening the prohibition in regulation 5(a) by reason only of a failure to comply with regulation 3(7A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

5

(1) The Toys (Safety) Regulations 2011 are amended as follows.

(2) In regulation 3, after the definition of “toy” insert—

“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;

(3) After regulation 15 insert—

(15A) (1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a UK notified body, a UK(NI) indication must be affixed in relation to the toy, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before a toy is placed on the market in Northern Ireland. (3) The UK(NI) indication must be affixed wherever the CE marking is affixed, in accordance with regulation 18. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative who has been appointed by the manufacturer in accordance with regulation 25(1) to affix the UK(NI) indication on the manufacturer's behalf. (5) When placing a toy on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (15B) (1) The Secretary of State must ensure that— (a) each UK notified body is assigned an identification number; and (b) there is a register of— (i) UK notified bodies; (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).

(4) After regulation 39(2) insert—

(2A) Paragraph (2) does not apply to the UK(NI) indication.

(5) After regulation 52(1)(b) insert—

(ba) a UK(NI) indication— (i) has not been affixed, in contravention of regulation 15A(1); or (ii) has been affixed but any provision of regulation 15A has not been complied with or has been contravened.

(6) After regulation 55 insert—

(55A) (1) Regulation 15A is to be treated as if it were a safety regulation made under section 11 of the Consumer Protection Act 1987. (2) Notwithstanding section 12(5) of the Consumer Protection Act 1987, any person guilty of an offence under that section of contravening regulation 15A is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

6

(1) The Pyrotechnic Articles (Safety) Regulations 2015 are amended as follows.

(2) In regulation 2(1) after the definition of “theatrical pyrotechnic article” insert—

“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;

(3) In Part 3, after regulation 42 insert—

(42A) (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 pyrotechnic article, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before a pyrotechnic article 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 regulation 42(1) or (2). (4) The UK(NI) indication must be affixed by the manufacturer. (5) When placing a pyrotechnic article on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (42B) (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).

(4) After regulation 60(1)(a) insert—

(aa) the UK(NI) indication— (i) has not been affixed, in contravention of regulation 42A; or (ii) has been affixed other than in accordance with regulation 42A;

(5) In regulation 63—

(a) at the beginning of paragraph (2) insert “ Except as provided in paragraph (3), ”;

(b) after paragraph (2) insert—

(3) A person guilty of an offence under regulation 62(5) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

7

(1) The Electromagnetic Compatibility Regulations 2016 are amended as follows.

(2) In regulation 2(1) after the definition of “technical specification” insert—

“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;

(3) In Part 3, after regulation 42 insert—

(42A) (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 apparatus, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before apparatus 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 regulation 42. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing apparatus on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (42B) (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).

(4) After regulation 59(1)(a) insert—

(aa) the UK(NI) indication— (i) has not been affixed, in contravention of regulation 42A; or (ii) has been affixed other than in accordance with regulation 42A;

(5) In regulation 62—

(a) in paragraph (1) after “(2)” insert “ and (3) ”;

(b) after paragraph (2) insert—

(3) A person guilty of an offence under regulation 61(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

8

(1) The Simple Pressure Vessels (Safety) Regulations 2016 are amended as follows.

(2) In regulation 2(4), after the definition of “technical specification” insert—

“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;

(3) In Part 3, after regulation 44 insert—

(44A) (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 vessel, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before a vessel 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 regulation 6. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing a vessel on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (44B) (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).

(4) After regulation 62(1)(a)(v) insert—

(vi) the UK(NI) indication— (aa) has not been affixed, in contravention of regulation 44A; or (bb) has been affixed other than in accordance with regulation 44A;

(5) In regulation 65—

(a) in paragraphs (1) and (2) for “of regulation 8 or regulation 26” substitute “ to which paragraph (1A) applies ”;

(b) after paragraph (1) insert—

(1A) This paragraph applies to an offence arising from a contravention or failure to comply with a requirement of— (a) regulation 8; (b) regulation 26; or (c) a withdrawal or recall notice arising from a failure to affix the UK(NI) indication or a failure to affix the UK(NI) indication other than in accordance with regulation 44A.

9

(1) The Lifts Regulations 2016 are amended as follows.

(2) In regulation 2(1) after the definition of “technical specification” insert—

“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;

(3) In Part 3, after regulation 50 insert—

(50A) (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 lift or safety component, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before a lift or safety component 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 regulation 50. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing a lift or safety component on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (50B) (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).

(4) After regulation 68(1)(a) insert—

(aa) the UK(NI) indication— (i) has not been affixed, in contravention of regulation 50A; or (ii) has been affixed other than in accordance with regulation 50A;

(5) In regulation 71—

(a) in paragraph (1) after “(2)” insert “ and (3) ”;

(b) after paragraph (2) insert—

(3) A person guilty of an offence under regulation 70(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

10

(1) The Pressure Equipment (Safety) Regulations 2016 are amended as follows.

(2) In regulation 2(1) after the definition of “technical specification” insert—

“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;

(3) In Part 3, after regulation 49 insert—

(49A) (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 pressure equipment or assembly, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before pressure equipment or an assembly 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 regulation 49. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing pressure equipment or an assembly on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (49B) (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).

(4) After regulation 74(1)(a) insert—

(aa) the UK(NI) indication— (i) has not been affixed, in contravention of regulation 49A; or (ii) has been affixed other than in accordance with regulation 49A;

(5) In regulation 77—

(a) in paragraph (1) for the words beginning with “arising” and ending with “regulation 28” substitute “ referred to in paragraphs (2) or (3) ”;

(b) after paragraph (2) insert—

(3) A person guilty of an offence under regulation 76(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

11

(1) The Non-Automatic Weighing Instruments Regulations 2016 are amended as follows.

(2) In regulation 2(1) after the definition of “technical specification” insert—

“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;

(3) In Part 3, after regulation 45 insert—

(45A) (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 regulated non-automatic weighing instrument, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before the regulated non-automatic weighing instrument 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 regulation 45. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing a regulated non-automatic weighing instrument on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (45B) (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).

(4) After regulation 63(1)(c) insert—

(ca) the UK(NI) indication— (i) has not been affixed, in contravention of regulation 45A; or (ii) has been affixed other than in accordance with regulation 45A;

(5) After regulation 71(5)(c) insert—

(ca) the UK(NI) indication;

12

(1) The Measuring Instruments Regulations 2016 are amended as follows.

(2) In regulation 2(1) after the definition of “thermal energy meter” insert—

“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;

(3) In Part 4, after regulation 52 insert—

(52A) (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 regulated measuring instrument, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before the regulated measuring instrument 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 regulation 52. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing a regulated measuring instrument on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (52B) (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).

(4) After regulation 68(1)(c) insert—

(ca) the UK(NI) indication— (i) has not been affixed, in contravention of regulation 52A; or (ii) has been affixed other than in accordance with regulation 52A;

(5) After regulation 75(5)(c) insert—

(ca) the UK(NI) indication;

13

(1) The Recreational Craft Regulations 2017 are amended as follows.

(2) In regulation 2(1) after the definition of “technical documentation” insert—

“technical specification” means a document that prescribes the technical requirements to be fulfilled by a product; “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;

(3) In Part 3, after regulation 54 insert—

(54A) (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 product, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before a product 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 regulation 54. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (54B) (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).

(4) After regulation 71(1)(a) insert—

(aa) the UK(NI) indication— (i) has not been affixed, in contravention of regulation 54A; or (ii) has been affixed other than in accordance with regulation 54A;

(5) At the beginning of regulation 74 insert “ Subject to regulation 74A, ”.

(6) After regulation 74 insert—

(74A) A person guilty of an offence under regulation 73(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

14

(1) The Radio Equipment Regulations 2017 are amended as follows.

(2) In regulation 2(1) after the definition of “technical specification” insert—

“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;

(3) In regulation 14—

(a) in paragraph (2)(b) before “(3)” insert “ (2A) or ”;

(b) after paragraph (2) insert—

(2A) The identification of the United Kingdom in respect of Northern Ireland must be indicated by the abbreviation “UK(NI)”.

(4) After regulation 44 insert—

(44A) (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 radio equipment, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before the radio equipment 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 regulation 44. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing radio equipment on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (44B) (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).

(5) After regulation 63(1)(a) insert—

(aa) where a notified body established in the United Kingdom has been involved in a conformity assessment procedure pursuant to regulation 41— (i) the UK(NI) indication has not been affixed; or (ii) the UK(NI) indication has been affixed other than in accordance with regulation 44A;

(6) In regulation 66—

(a) in paragraph (1) for “paragraph (2)” substitute “ paragraphs (2) and (3) ”;

(b) after paragraph (2) insert—

(3) A person guilty of an offence under regulation 65(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

15

(1) The Personal Protective Equipment (Enforcement) Regulations are amended as follows.

(2) After Part 3 insert—

(20) 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. (21) (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 PPE, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before PPE 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) When placing PPE on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. (22) (1) The reference in Article 28(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 19, 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 23. (23) (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). (24) it must require a manufacturer to put an end to the non-compliance within such reasonable period as the authority specifies. (1) Where an enforcement authority finds that the UK(NI) indication— (a) has not been affixed, in contravention of regulation 21; or (b) has been affixed otherwise in accordance with regulation 21 (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 PPE being available on the market; (b) ensure that the PPE is withdrawn; (c) ensure that the PPE 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 PPE presents a risk.

16

(1) The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 are amended as follows.

(2) After Part 3 insert—

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

SCHEDULE 3 — Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

1

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 are amended in accordance with paragraphs 2 to 26.

2

(1) In each of the following provisions for “18 months” substitute “ 24 months ”

(a) in Schedule 11 (packaged goods), in paragraph 3(b), in the inserted paragraph (7)(a);

(b) in Schedule 12 (supply of machinery), in paragraph 22, in the inserted regulation 31(2)(b);

(d) in Schedule 19 (pyrotechnic articles), in paragraph 12(b), in the substituted paragraph (3)(a)(ii);

(e) in Schedule 20 (electromagnetic compatibility), in paragraph 14(b), in the inserted paragraph (1A)(a)(ii);

(f) in Schedule 21 (simple pressure vessels), in paragraph 15(b), in the inserted paragraph (1A)(a)(ii);

(g) in Schedule 22 (lifts), in paragraph 18(b), in the substituted paragraph (3)(a)(ii);

(h) in Schedule 23 (electrical equipment), in paragraph 11(b), in the substituted paragraph (3)(a)(ii);

(i) in Schedule 25 (equipment etc. for use in potentially explosive atmospheres), in paragraph 14(b), in the substituted paragraph (3)(a)(ii);

(j) in Schedule 26 (non-automatic weighing instruments), in paragraph 15(a), in the substituted paragraph (2)(a)(ii);

(k) in Schedule 27 (measuring instruments), in paragraph 14(a), in the substituted paragraph (2)(a)(ii);

(l) in Schedule 28 (recreational craft), in paragraph 12, in the substituted paragraph 2(a)(ii);

(m) in Schedule 29 (radio equipment), in paragraph 19(b), in the substituted paragraph 3(a)(ii);

(n) in Schedule 35 (personal protective equipment), in paragraph 3(10)(b)(iii), in subparagraph (a)(ii) of the inserted unnumbered paragraph;

(o) in Schedule 36 (gas appliances), in paragraph 2(10)(b)(ii), in subparagraph (a)(ii) of the inserted unnumbered paragraph.

(2) In each of the following provisions, for “eighteen” substitute “ 24 ”

(a) in Schedule 16 (explosives), in paragraph 14(a), in the inserted paragraph (1A);

(b) in Schedule 24 (pressure equipment), in paragraph 15(b), in the substituted paragraph (3)(a)(ii).

3

Omit the following provisions—

(a) paragraph 2(3)(b) of Schedule 12 (supply of machinery);

(b) paragraph 4(c) of Schedule 15 (toys);

(d) paragraph 2(2)(d) of Schedule 20 (electromagnetic compatibility);

(e) paragraph 2(2)(d) of Schedule 21 (simple pressure vessels);

(f) paragraph 2(2)(d) of Schedule 22 (lifts);

(g) paragraph 2(2)(a) of Schedule 23 (electrical equipment);

(h) paragraph 2(2)(c) of Schedule 24 (pressure equipment);

(i) paragraph 2(2)(e) of Schedule 25 (equipment etc. intended for use in potentially explosive atmospheres);

(j) paragraph 2(2)(d) of Schedule 26 (non-automatic weighing instruments);

(k) paragraph 2(2)(d) of Schedule 27 (measuring instruments);

(l) paragraph 2(2)(d) of Schedule 28 (recreational craft);

(m) paragraph 2(2)(d) of Schedule 29 (radio equipment);

(n) paragraph 3(e) of Schedule 33 (amendment of Regulation (EC) No 765/2008);

(o) paragraph 3(4)(b) of Schedule 35 (personal protective equipment);

(p) paragraph 2(3)(b) of Schedule 36 (gas appliances).

4

(1) Schedule 4 (measuring container bottles) is amended as follows.

(2) In paragraph 5, in the substituted regulation 5—

(a) in paragraph (2), after “bottle” insert “ , or where paragraph (2A) applies, on a label affixed to the bottle or on a document accompanying the bottle ”;

(b) after paragraph (2) insert—

(2A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to a label affixed to, or a document accompanying, a measuring container bottle.

(3) In paragraph 7, in the text insert, after the inserted regulation 7A insert—

(7B) (1) Subject to paragraphs (2) and (3), regulation 7A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 7A— (a) any measuring container bottle to which paragraph (3) applies may be sold or supplied on the market of Great Britain on or after the expiry of regulation 7A; (b) any obligation to which a person was subject under regulation 7A(2) in respect of a measuring container bottle to which paragraph (3) applies continues to have effect after the expiry of regulation 7A. (3) This paragraph applies to a measuring container bottle which— (a) was sold or supplied on the market of Great Britain prior to the expiry of regulation 7A; and (b) in respect of which the requirements in regulation 7A were met. (7C) (1) Where paragraph (2) applies— (a) the requirements of regulation 5 and of Schedule 2 are treated as being satisfied; (b) the definition of “importer” and “manufacturer” in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign. (2) This paragraph applies where a measuring container bottle— (a) complies with regulation 5, as it applies in Northern Ireland; and (b) is qualifying Northern Ireland goods. (3) In this regulation “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

5

(1) Schedule 8 (noise emissions) is amended as follows.

(2) For paragraph 2(b)(v) substitute—

(v) in the definition of “responsible person”— (aa) for “European Union” in the first two places in which it occurs substitute “ United Kingdom ”; (bb) for “the European Union” in sub-paragraph (c) in the second place in which it occurs substitute “ Great Britain ”;

(3) After paragraph 3(b) insert—

(ba) before paragraph (3) insert— (2A) Where paragraph (2B) applies, paragraph (2)(c) is met where the UK marking is affixed to— (a) a label affixed to the equipment; or (b) a document accompanying the equipment. (2B) This paragraph applies to equipment that is placed on the market within a period of 24 months beginning with IP completion day.

(4) In paragraph 4—

(a) for sub-paragraph (a) substitute—

(a) in sub-paragraph (i) for “the European Union” substitute “ Great Britain ”;

(b) after sub-paragraph (a) insert—

(aa) for sub-paragraph (ii) substitute— (ii) is imported into Great Britain for re-export to Northern Ireland or a country outside of the United Kingdom;

(5) In paragraph 5—

(a) in sub-paragraph (b) omit “and”;

(b) after sub-paragraph (b) insert—

(ba) at the end of paragraph (2) insert “ or, where regulation 7(2B) applies, to a label affixed to the equipment or to a document accompanying the equipment ”;

(6) In paragraph 7—

(a) in paragraph (2) of the inserted regulation 12A for “the United Kingdom” substitute “ Great Britain ”;

(b) in the inserted text, after the inserted regulation 12A, insert—

(12B) (1) Subject to paragraph (2), regulation 12A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 12A— (a) any equipment which was placed on the market or put into service pursuant to regulation 12A may continue to be made available on the market on or after the expiry of regulation 12A; (b) any obligation to which a person was subject under regulation 12A(2) in respect of equipment placed on the market or put into service pursuant to regulation 12A continues to have effect after the expiry of regulation 12A, in respect of that equipment. (12C) (1) Where paragraph (2) applies the requirements in regulation 7(2) and (3) and regulations 10 and 11 are to be treated as being satisfied. (2) This paragraph applies where equipment is— (a) qualifying Northern Ireland goods; and (b) meets the requirements of regulation 16, as it applies in Northern Ireland. (3) In this regulation “qualifying Northern Ireland goods has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

6

In Schedule 9 (general product safety) in paragraph 2(f), in the inserted definition of “relevant enactment” after “EU law” insert “ (as it applies in Great Britain) ”.

7

(1) Schedule 12 (supply of machinery) is amended as follows.

(2) In paragraph 2(3)(g) for “the United Kingdom” substitute “ Great Britain ”;

(3) In paragraph 5(b) after “enactments” insert “ (as they apply in Great Britain) ”.

(4) In paragraph 6—

(a) for paragraph (b) substitute—

(b) in paragraph (2)(f)— (i) for “CE” substitute “ UK ”; (ii) after “machinery” insert “ or where paragraph (2A) applies, or on a label affixed to, or document accompanying, the machinery ”;

(b) after paragraph (b) insert—

(ba) after paragraph (2) insert— (2A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the machinery; or (b) a document accompanying the machinery.

(5) In paragraph 9, in the inserted text, after the inserted regulation 12A, insert—

(12B) (1) Subject to paragraph (2), regulation 12A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 12A— (a) any machinery or partly completed machinery which was placed on the market or put into service pursuant to regulation 12A may continue to be made available on the market on or after the expiry of regulation 12A; (b) any obligation to which a person was subject under regulation 12A(2) in respect of machinery or partly completed machinery placed on the market or put into service pursuant to regulation 12A continues to have effect after the expiry of regulation 12A, in respect of that machinery or partly completed machinery. (12C) (1) Where paragraph (2) applies the requirements of Part 3, other than those in regulations 12A, 12B and this regulation, are treated as being satisfied. (2) This paragraph applies where— (a) the responsible person has complied with the requirements of Part 3, as that Part applies in Northern Ireland; and (b) the machinery or partly completed machinery is qualifying Northern Ireland goods. (3) In this regulation “qualifying Northern Ireland goods has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

(6) In paragraph 11, at the end, insert—

(c) after paragraph (1) insert— (1A) For the purposes of paragraph (1) machinery bears the UK marking if, in accordance with regulation 7(2A), the UK marking is affixed to — (a) a label affixed to the machinery; or (b) a document accompanying the machinery.

(7) In paragraph 21, after sub-paragraph (a) insert—

(aa) in paragraph (1) after “affixed to it” insert “ (or, where regulation 7(2A) applies, to a label affixed to it or a document accompanying it) ” (four times);

8

(1) Schedule 13 (aerosol dispensers) is amended as follows.

(2) In paragraph 3—

(a) for sub-paragraph (a) substitute—

(a) in paragraph (1)— (i) after “dispenser” insert “ or where paragraph (1A) applies, on a label affixed to, or a document accompanying, the aerosol dispenser ”; (ii) for “a compliance mark” substitute “ the UK marking ”;

(b) after sub-paragraph (a) insert—

(aa) after paragraph (1) insert— (1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the aerosol dispenser; or (b) a document accompanying the aerosol dispenser.

(3) For paragraph 5 substitute—

(5) For regulation 4 substitute— (4) (1) Subject to paragraph (2), a person shall not supply or have in his possession for supply a relevant aerosol dispenser which is not marked with the UK marking or the symbol “3” (inverted epsilon). (2) Where regulation 3(1A) applies, paragraph (1) does not apply where the UK marking is affixed to— (a) a label affixed to the aerosol dispenser; or (b) a document accompanying the aerosol dispenser.

(4) In paragraph 6, in the substituted paragraph (a)—

(a) omit “or” at the end of sub-paragraph (a)(i);

(b) after paragraph (a)(i) insert—

(ia) has a label affixed to it, or a document accompanying it, which is marked with the UK marking, where— (aa) the requirements of regulation 3 are not complied with; or (bb) the requirements of regulation 3 are complied with but the period referred to in regulation 3(1A) has elapsed; or

(ii) is marked with the symbol “3” (inverted epsilon) where either— (aa) all the requirements of regulation 5A(3) are not complied with; or (bb) all the requirements of regulation 5B are not complied with; or

(d) for paragraph (b) substitute—

(b) for paragraph (b) substitute— (b) an aerosol dispenser which— (i) is marked with a mark so closely resembling the UK marking or the symbol “3” (inverted epsilon) as to be likely to deceive; or (ii) has a label affixed to it or a document accompanying it which is marked with a mark so closely resembling the UK marking as to be likely to deceive.

(5) In paragraph 7, in the inserted text—

(a) in the inserted regulation 5A—

(i) in paragraph (2) after “5” insert “ (a)(ii)(aa) ”;

(ii) in paragraph (3)(a) omit “and”;

(iii) after paragraph (3)(a) insert—

(aa) the aerosol dispenser is supplied within a period of 12 months beginning with IP completion day; and

(b) after the inserted regulation 5A insert—

(5B) (1) Paragraph (2) sets out the requirements that must be complied with under regulation 5(a)(ii)(bb) to mark an aerosol dispenser with the symbol “3” (inverted epsilon); (2) The requirements referred to in paragraph (1) are that— (a) the requirements of regulation 3 as it applies in Northern Ireland have been complied with in relation to the aerosol dispenser; and (b) the aerosol dispenser is qualifying Northern Ireland goods. (3) In this regulation “qualifying Northern Ireland goods” has the meaning given to it in in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

9

(1) Schedule 15 (toys) is amended as follows.

(2) For paragraph 4(g) substitute—

(g) for the definition of “importer” substitute— “importer” means a person who— (a) is established in the United Kingdom and places a toy from a country outside of the United Kingdom on the market; or (b) is established in Northern Ireland and places a toy 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;

(3) For paragraph 17 substitute—

(18) In regulation 18 (Toys to bear CE marking)— (a) in the heading and in each place in which it occurs for “CE” substitute “ UK ”; (b) after paragraph (3) insert— (3A) For a period of 24 months beginning with IP completion day, the manufacturer may, in place of affixing the UK marking in accordance with paragraph (3) affix the UK marking to a document accompanying the toy.

(4) In paragraph 27, in the inserted text, after the inserted regulation 39A, insert—

(39AA) (1) Subject to paragraph (2), regulation 39A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 39A— (a) any toy which was placed on the market pursuant to regulation 39A may continue to be made available on the market on or after the expiry of regulation 39A; (b) any obligation to which a person was subject under regulation 39A in respect of a toy placed on the market pursuant to regulation 39A continues to have effect after the expiry of regulation 39A, in respect of that toy. (39AB) (1) Where paragraph (2) applies— (a) a toy is to be treated as being in conformity with the essential safety requirements; and (b) each relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Part 2. (2) This paragraph applies where— (a) a toy is— (i) in conformity with the essential safety requirements, within the meaning of regulation 3 as it applies in Northern Ireland; and (ii) qualifying Northern Ireland goods; (b) each relevant economic operator has complied or is complying with the obligations imposed on them under Part 2, as that Part applies in Northern Ireland; and (c) an importer has complied with the obligations set out in paragraph (3). (3) The obligations referred to in paragraph (2)(c) are that, before placing the toy on the market, the importer— (a) complies with regulation 27; (b) ensures that— (i) the applicable conformity assessment procedure has been carried out; (ii) the manufacturer has drawn up the technical documentation; and (iii) the toy bears the CE marking. (4) In this regulation— - “applicable conformity assessment procedure” means the conformity assessment procedure applicable to the toy under regulation 15, as it applies in Northern Ireland; - “CE marking” has the meaning given to it in regulation 3, as it applies in 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 technical documentation that a manufacturer has to draw up in accordance with regulation 17, as it applies in Northern Ireland.

(5) In paragraph 43, in Part 3 of the inserted Schedule 2, in the table at point 13, in the entry for chromium (VI), in the fourth column (mg/kg in scraped-off toy material), for “0,2” substitute “ 0,053 ”.

10

(1) Schedule 16 (explosives) is amended as follows.

(2) For the substituted definition of “ importer ” in paragraph 2(2)(l), substitute—

“importer”, in relation to civil explosives, means any person who— (a) is established in the United Kingdom and places a civil explosive from a country outside of the United Kingdom on the market; or (b) is established in Northern Ireland and places a civil explosive 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;

(3) In paragraph 14(a), in the inserted paragraph (1A), for “exit day” substitute “ IP completion day ”.

(4) In paragraph 23—

(a) in the heading, for “regulation 64A” substitute “ regulations 64A, 64B, 64C and 64D ”;

(b) in the inserted text, after the inserted regulation 64B, insert—

(64C) (1) Subject to paragraph (2), regulation 64A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 64A— (a) any civil explosive which was placed on the market pursuant to regulation 64A may continue to be made available on the market on or after the expiry of regulation 64A; (b) any obligation to which a person was subject under regulation 64A in respect of a civil explosive placed on the market pursuant to regulation 64A continues to have effect after the expiry of regulation 64A, in respect of that civil explosive. (3) Subject to paragraph (4), regulation 64B ceases to have effect at the end of the period of 12 months beginning with IP completion day. (4) Where a conformity assessment procedure has been completed pursuant to regulation 64B in relation to a civil explosive prior to the expiry of regulation 64B, regulation 64B continues to apply in respect of that civil explosive where— (a) the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body; (b) the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and (c) the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate. (5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in point 1 of Annex III of the Directive. (64D) (1) In this regulation— - “the 2016 Regulations” means the Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016 ; - “CE marking” has the meaning given to it in regulation 2(1) of the 2016 Regulations; - “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018; - “relevant conformity assessment procedure” has the meaning given to it in regulation 2(1) of the 2016 Regulations; - “technical documentation” has the meaning given to it in regulation 2(1) of the 2016 Regulations. (2) Where paragraph (3) applies, a civil explosive is to be treated as being in conformity with Part 13 Sub-Part A. (3) This paragraph applies where— (a) a civil explosive— (i) is in conformity with Part 3 Sub-Part A of the 2016 Regulations; (ii) is qualifying Northern Ireland goods; and (b) an importer has met the obligations set out in paragraph (4). (4) The obligations referred to in paragraph (3)(b) are that, before placing the civil explosive on the market, the importer— (a) complies with regulation 50; (b) ensures that— (i) the relevant conformity assessment procedure has been carried out in in relation to the civil explosive; (ii) the manufacturer has drawn up the technical documentation; and (iii) the civil explosive bears the CE marking.

(5) In paragraph 27—

(a) for sub-paragraph (b) substitute—

(b) for paragraph (1) substitute— (1) The UK marking must be affixed visibly, legibly and indelibly— (a) to the civil explosive; or (b) where paragraph (1A) applies, to— (i) a label affixed to the civil explosive; or (ii) the accompanying documents.

(b) after sub-paragraph (b) insert—

(ba) after paragraph (1) insert— (1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the civil explosive; or (b) the accompanying documents.

(c) in paragraph (2)— (i) after “Where” insert “ paragraph (1A) does not apply and ”; (ii) for “CE” substitute “ UK ” (twice);

11

(1) Schedule 19 (pyrotechnic articles) is amended as follows.

(2) For the substituted definition of “ importer ” in paragraph 2(2)(j), substitute—

“importer” means a person who— (a) is established in the United Kingdom and places a pyrotechnic article from a country outside of the United Kingdom on the market; or (b) is established in Northern Ireland and places a pyrotechnic article 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;

(3) In paragraph 22 in the inserted text, after the inserted regulation 38D, insert—

(38E) (1) Subject to paragraph (2), regulations 38A to 38C cease to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 38A— (a) any pyrotechnic article which was placed on the market pursuant to regulation 38A may continue to be made available on the market on or after the expiry of regulation 38A; (b) any obligation to which a person was subject under regulation 38A in respect of a pyrotechnic article placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that article; (c) any obligation to which a person was subject under regulations 38B and 38C in respect of a pyrotechnic article pursuant to regulations 38B and 38C continues to have effect after the expiry of regulations 38B and 38C, in respect of that article. (3) Subject to paragraph (4), regulation 38D ceases to have effect at the end of the period of 24 months beginning with IP completion day. (4) Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a pyrotechnic article prior to the expiry of regulation 38D, regulation 38D continues to apply in respect of that article where— (a) the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body; (b) the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and (c) the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate. (5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in Annex II of the Directive. (38F) (1) Where paragraph (2) applies, a pyrotechnic article is to be treated as being in conformity with Part 2. (2) This paragraph applies where— (a) a pyrotechnic article— (i) is in conformity with Part 2, as that Part applies in Northern Ireland; and (ii) is qualifying Northern Ireland goods; and (b) an importer has complied with the obligations set out in paragraph (3). (3) The obligations referred to in paragraph (2)(b) are that, before placing the pyrotechnic article on the market, the importer— (a) complies with regulation 17; (b) ensures that— (i) the relevant conformity assessment procedure has been carried out in relation to the pyrotechnic article; (ii) the manufacturer has drawn up the technical documentation; and (iii) the pyrotechnic article bears the CE marking. (4) In this regulation— - “CE marking” has the meaning given to it in regulation 2(1), as it applies in 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; - “relevant conformity assessment procedure” has the meaning give to it in regulation 2(1), as it applies in Northern Ireland; - “technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.

(4) In paragraph 26, after sub-paragraph (b) insert—

(c) in paragraph (1) after “article” insert “ or, where paragraph (1A) applies, to a label affixed to the pyrotechnic article or to the accompanying documents ”; (d) after paragraph (1) insert— (1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the pyrotechnic article; or (b) the accompanying documents. (e) in paragraph (2) after “Where” insert “ paragraph (1A) does not apply and ”.

(5) In paragraph 42, after sub-paragraph (a) insert—

(aa) in paragraph 1 for “in the United Kingdom” substitute “ under the national law of the country in which the body is established ”; (ab) for paragraph 8 substitute— (8) A conformity assessment body must ensure that it, either on its own or with the assistance of its subcontractors or subsidiaries, is capable of carrying out the conformity assessment activities in relation to which the conformity assessment body has been, or is to be, approved.

12

(1) Schedule 20 (electromagnetic compatibility) is amended as follows.

(2) In paragraph 2(2)(l) for the substituted definition of “ importer ” substitute—

“importer” means a person who— (a) is established in the United Kingdom and places apparatus from a country outside of the United Kingdom on the market; or (b) is established in Northern Ireland and places apparatus 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;

(3) In paragraph 24, in the inserted text, after the inserted regulation 38A, insert—

(38B) (1) Subject to paragraph (2), regulation 38A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 38A— (a) any apparatus which was placed on the market pursuant to regulation 38A may continue to be made available on the market on or after the expiry of regulation 38A; (b) any obligation to which a person was subject under regulation 38A in respect of apparatus placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that apparatus. (38C) (1) Where paragraph (2) applies, apparatus is to be treated as being in conformity with Part 2. (2) This paragraph applies where— (a) apparatus— (i) is in conformity with Part 2, as that Part applies in Northern Ireland; and (ii) is qualifying Northern Ireland goods; and (b) an importer has complied with the obligations set out in paragraph (3). (3) The obligations referred to in paragraph (2)(b) are that, before placing the apparatus on the market, the importer— (a) complies with regulation 20; (b) ensures that— (i) the relevant conformity assessment procedure has been carried out in relation to the apparatus; (ii) the manufacturer has drawn up the technical documentation; and (iii) the apparatus bears the CE marking. (4) In this regulation— - “CE marking” has the meaning given to it in regulation 2(1), as it applies in 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; - “relevant conformity assessment procedure” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland; - “technical documentation” means the documentation a manufacturer must draw up, in accordance with regulation 9(b), as it applies in Northern Ireland.

(4) For paragraph 27 substitute—

(27) In regulation 42— (a) in the heading and in paragraph (2) in both places in which it occurs for “CE” substitute “ UK ”; (b) for paragraph (1) substitute— (1) The UK marking must be affixed visibly, legibly and indelibly— (a) to the apparatus; (b) to its data plate; or (c) where paragraph (1A) applies, to— (i) a label affixed to the apparatus or its data plate; or (ii) to a document accompanying the apparatus. (c) after paragraph (1) insert— (1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the apparatus or its data plate; or (b) a document accompanying the apparatus. (d) in paragraph (2) after “Where” insert “ paragraph (1A) does not apply and ”.

13

(1) Schedule 21 (simple pressure vessels) is amended as follows.

(2) In paragraph 2(2)(j) for the substituted definition of “ importer ” substitute—

“importer” means a person who— (a) is established in the United Kingdom and places a vessel from a country outside of the United Kingdom on the market; or (b) is established in Northern Ireland and places a vessel 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;

(3) For paragraph 5(4) substitute—

(4) For paragraph (1)(b) substitute— (b) affix the information set out in paragraph (1B) to— (i) the vessel; (ii) its data plate; or (iii) where paragraph (1A) applies— (aa) to a label affixed to the vessel; or (bb) in a document accompanying the vessel;

(4) In paragraph 5, after sub-paragraph (4) insert—

(4A) After paragraph (1) insert— (1A) This paragraph applies to a vessel that is placed on the market within a period of 24 months beginning with IP completion day. (1B) The information referred to in paragraph (1)(b) is— (a) the UK marking; (b) the last two digits of the year in which the UK marking is affixed; (c) the inscriptions.

(5) For paragraph 13 substitute—

(13) In regulation 18 for paragraph (c) substitute— (c) the UK marking and the inscriptions have been affixed in accordance with regulation 6(1)(b) to (d);

(6) In paragraph 24, in the inserted text, after the inserted regulation 38B, insert—

(38C) (1) Subject to paragraph (2), regulation 38A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 38A— (a) any vessel which was placed on the market pursuant to regulation 38A may continue to be made available on the market after the expiry of regulation 38A; (b) any obligation to which a person was subject under regulation 38A in respect of a vessel placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that vessel. (3) Subject to paragraph (4), regulation 38B ceases to have effect at the end of the period of 12 months beginning with IP completion day. (4) Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a vessel prior to the expiry of regulation 38B, regulation 38B continues to apply in respect of that vessel where— (a) the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body; (b) the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and (c) the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate. (5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in point 1 of Annex II of the Directive. (38D) (1) Where paragraph (2) applies, a vessel is to be treated as being in conformity with Part 2. (2) This paragraph applies where— (a) a vessel— (i) is in conformity with Part 2, as that Part applies in Northern Ireland; and (ii) is qualifying Northern Ireland goods; and (b) an importer has complied with the obligations set out in paragraph (3). (3) The obligations referred to in paragraph (2)(b) are that, before placing the vessel on the market, the importer— (a) complies with regulation 21; (b) ensures that— (i) the relevant conformity assessment procedure has been carried out in relation to the vessel, in accordance with Part 3, as that Part applies in Northern Ireland; (ii) the manufacturer has drawn up the technical documentation; and (iii) the vessel bears the CE marking. (4) In this regulation— - “CE marking” has the meaning given to it in regulation 2(1), as it applies in 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 paragraph 2(2)(c) of Part 1 of Schedule 2 to these Regulations, as that Schedule applies in Northern Ireland.

(7) For paragraph 29(a) substitute—

(a) for paragraph (1) substitute— (1) The UK marking must be followed by the identification number of the approved body involved in the relevant conformity assessment procedure pursuant to regulation 41.

14

(1) Schedule 22 (lifts) is amended as follows.

(2) In paragraph 2(2)(m) for the substituted definition of “ importer ” substitute—

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

(3) In paragraph 25, in the inserted text, after the inserted regulation 45B, insert—

(45C) (1) Subject to paragraph (2), regulation 45A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 38A— (a) any safety component for lifts which was placed on the market pursuant to regulation 45A may continue to be made available on the market on or after the expiry of regulation 45A; (b) any obligation to which a person was subject under regulation 45A in respect of a lift or safety component for lifts placed on the market pursuant to regulation 45A continues to have effect after the expiry of regulation 45A, in respect of that lift or safety component for lifts. (3) Subject to paragraph (4), regulation 45B ceases to have effect at the end of the period of 12 months beginning with IP completion day. (4) Where a conformity assessment procedure has been completed pursuant to regulation 45B in relation to a lift or a safety component for lifts prior to the expiry of regulation 45B, regulation 45B continues to apply in respect of that lift or safety component for lifts where— (a) the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body; (b) the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and (c) the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate. (5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after— (a) in relation to a safety component for lifts, the conformity assessment procedure set out in Annex IV, Part A of the Directive and referred to in Article 15(a) and (b) of the Directive as EU-type examination, has been carried out in relation to a model of the safety component for lifts in accordance with Article 15(a) or (b) of the Directive; or (b) in relation to a lift that is designed and manufactured in accordance with a model, the conformity assessment procedure set out in Annex IV, Part B of the Directive, referred to in Article 16(1)(a) of the Directive as an EU-type examination has been carried out in relation to a model. (45D) (1) Where paragraph (2) applies a safety component for lifts is to be treated as being in conformity with Part 2. (2) This paragraph applies where— (a) a safety component for lifts— (i) is in conformity with Part 2, as that Part applies in Northern Ireland; and (ii) is qualifying Northern Ireland goods; and (b) an importer has complied with the obligations set out in paragraph (3). (3) The obligations referred to in paragraph (2)(b) are that, before placing the safety component for lifts on the market, the importer— (a) complies with regulation 28; (b) ensures that— (i) the relevant conformity assessment procedure has been carried out in accordance with Part 3, as that Part applies in Northern Ireland; (ii) the manufacturer has drawn up the technical documentation; and (iii) the safety component bears the CE marking. (4) In this regulation— - “CE marking” has the meaning given to it in regulation 2(1), as it applies in 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 a manufacturer must draw up in accordance with regulation 16(b), as it applies in Northern Ireland.

(4) In paragraph 30—

(a) for paragraph (3) substitute—

(3) For paragraph (1) substitute— (1) The UK marking must be affixed visibly, legibly, and indelibly— (a) to the lift carrier; (b) to the safety component for lifts; or (c) where paragraph (1A) applies, to— (i) a label affixed to the lift carrier or the safety component; or (ii) to a document accompanying the lift or the safety component.

(b) after paragraph (3) insert—

(3A) After paragraph (1) insert— (1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the lift carrier or the safety component; or (b) to a document accompanying the lift or the safety component. (3B) In the following paragraphs, for “CE” substitute “ UK ” (a) paragraph (2) (twice); (b) paragraph (3); and (c) paragraph (4). (3C) In paragraph (2) after “Where” insert “ paragraph (1A) does not apply and ”; (3D) In paragraph (3) for “on a” substitute “ in respect of a ”.

(ia) for “on a safety” substitute “ in respect of a safety ”;

(5) In paragraph 39 after paragraph (4) insert—

(4A) In paragraph 3(4) for “member States” substitute “ the Secretary of State ”.

15

(1) Schedule 23 (electrical equipment) is amended as follows.

(2) In paragraph 2(2)(g) for the substituted definition of “ importer ” substitute—

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

(3) In paragraph 19, in the inserted text, after the inserted regulation 34A insert—

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