The Cableway Installations (Amendment) (EU Exit) Regulations 2019

S.I. 2019/1347 · Made 14 October 2019 · Extends to United Kingdom

Exiting The European Union

Transport

Made 14th October 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of these Regulations has been laid before Parliament and approved by resolution of each House of Parliament.

In accordance with paragraph 3 of Schedule 4 to the European Union (Withdrawal) Act 2018 these Regulations are made with the consent of the Treasury.

Annotations to the whole text

Marginal citations

M1: 2018 c. 16; the Secretary of State, as a Minister of the Crown, is an “appropriate authority” for the purposes of paragraph 1 of Schedule 4, by virtue of paragraph 2(1) of that Schedule.

Part 1: Introduction
1Citation and commencement
Part 2: Amendment of subordinate legislation
2Amendments to the Cableway Installations Regulations 2018
3Amendment to regulation 3
4Amendment to Part 3 heading
5Omission of regulation 9
6Amendment to regulation 10
7Amendment to regulation 11
8Amendment to regulation 12
9Omission of regulations 17 to 19
10Amendment to regulation 20
11Amendment to regulation 23
Part 3: Amendment of retained direct EU legislation
12Amendments to Regulation (EU) 2016/424
13Amendment to Article 2
14Amendment to Article 3
15Designated standards
16Substitution of Article 5
17Omission of Article 7
18Amendment to Article 8
19Amendment to Article 9
20Omission of Article 10
21Amendment to Article 11
22Amendment to Article 12
23Amendment to Article 13
24Amendment to Article 14
25Amendment to Article 16
26Amendment to Article 17
27Amendment to Article 18
28Amendment to Article 19
29Substitution of Article 20
30Amendment to Article 21
31Substitution of Article 22
32Omission of Articles 23 to 25
33Amendment to Article 26
34Amendment to Article 27
35Amendment to Article 28
36Amendment to Article 29
37Omission of Articles 30 and 31
38Amendment to Article 32
39Omission of Article 33
40Amendment to Article 34
41Amendment to Article 35
42Amendment to Article 36
43Omission of Articles 37 and 38
44Amendment to Article 39
45Amendment to Article 40
46Omission of Article 41
47Amendment to Article 42
48Amendment to Article 43
49Omission of Articles 44 to 46
50Post-withdrawal continuity provision
51Omission of applicability provision
52Amendment to Annex 2
53Amendment to Annex 3
54Amendment to Annex 4
55Amendment to Annex 5
56Amendment to Annex 6
57Amendment to Annex 7
58Amendment to Annex 8
59Amendment to Annex 9
Signature
Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Cableway Installations (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

2Amendments to the Cableway Installations Regulations 2018I1

The Cableway Installations Regulations 2018 M1are amended in accordance with regulations 3 to 11.

3Amendment to regulation 3I1

In regulation 3—

(a)

after the definition of “Regulation 2016/424/EU” insert—

““approved body” means a conformity assessment body—
(a)
which has been approved by the Secretary of State under Article 22 of Regulation 2016/424/EU; or
(b)
which was a notified body under these Regulations immediately before F1IP completion day;”;

(b)

after the definition of “conformity assessment body” insert—

““declaration of conformity” means the declaration of conformity referred to in Article 19 of Regulation 2016/424/EU;”;

(c)

omit the definition of “EU declaration of conformity”;

(d)

omit the definition of “notified body”;

(e)

in the definition of “technical file” for “EU declaration” substitute “ declaration ”.

4Amendment to Part 3 headingI1

In the heading to Part 3, for “Notified” substitute “ Approved ”.

5Omission of regulation 9I1

Omit regulation 9.

6Amendment to regulation 10I1

In regulation 10—

(a)

in the heading, for “Notification” substitute “ Approval ”;

(b)

omit paragraph (1);

(c)

in paragraph (2), for “notification” substitute “ approval ”;

(d)

in paragraph (3), for “notified under Article 22 of Regulation 2016/424/EU” substitute “ approved ”;

(e)

in paragraph (5)—

(i)

for “notify” substitute “ approve ”,

(ii)

for “notification to the European Commission and the other member States” substitute “ approval ”, and

(iii)

for “a notified body” substitute “ an approved body ”;

(f)

in paragraph (6), for “a notified body”, in both places, substitute “ an approved body ”;

(g)

in paragraph (7)—

(i)

for “a notified body” substitute “ an approved body ”, and

(ii)

for “the notified body”, in each place, substitute “ the approved body ”;

(h)

in paragraph (8)—

(i)

for “a notified body”, in each place, substitute “ an approved body ”, and

(ii)

for “another notified body” substitute “ another approved body ”.

7Amendment to regulation 11I1

In regulation 11(b), for “notified bodies, in accordance with Article 23(1)” substitute “ approved bodies in relation to their compliance with the requirements of Chapter 4 ”.

8Amendment to regulation 12I1

In regulation 12—

(a)

in paragraph (1), for “a notified body” substitute “ an approved body ”;

(b)

in paragraph (2), for “the notified body”, in both places, substitute “ the approved body ”.

9Omission of regulations 17 to 19I1

Omit regulations 17 to 19.

10Amendment to regulation 20I1

In regulation 20, omit “Regulation 2016/424/EU and”.

11Amendment to regulation 23I1

In regulation 23, in paragraph (1) omit sub-paragraph (b) and the “or” which precedes it.

12Amendments to Regulation (EU) 2016/424I1

Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC is amended in accordance with regulations 13 to 59.

13Amendment to Article 2I1

In Article 2(2)—

(a)

in point (a) for “Directive 2014/33/EU” substitute “ the Lifts Regulations 2016 ”M1 ;

(b)

in point (b) for “by Member States” substitute “ by the Cableway Installations Regulations 2018 ”.

14Amendment to Article 3I1

In Article 3—

(a)

in paragraph (10), omit “Union”;

(b)

in paragraph (11), omit “Union”;

(c)

in paragraph (14), omit “established within the Union”;

(d)

in paragraph (15)—

(i)

for “established within the Union” substitute “ established within the United Kingdom ”, and

(ii)

for “Union market” substitute “ market ”;

(e)

omit paragraph (19);

(f)

omit paragraph (21);

(g)

omit paragraph (26);

(h)

omit paragraph (27);

(i)

at the end insert—

“(28)
‘the EU Regulation’ means Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC M1 as that Regulation has effect in EU law as amended from time to time;
(29)
‘the Executive’ means—
(a)
in Great Britain, the Health and Safety Executive M2,
(b)
in Northern Ireland, the Health and Safety Executive for Northern Ireland M3;
(30)
‘designated standard’ has the meaning given by article 3A;
(31)
‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;
(32)
‘UK marking’ means marking in the form published in accordance with Article 30(1) of RAMS.”.

15Designated standardsI1

After Article 3 insert—

“Article 3A
Designated Standards
1
For the purposes of this Regulation, a designated standard is a technical standard—
(a)
which is adopted by the British Standards Institution for repeated or continuous application; and
(b)
which has been designated by the Secretary of State by publishing its reference number in a manner the Secretary of State considers appropriate.
2
In this Article, a “technical standard” means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component and which lays down one or more of the following—
(a)
the characteristics required including—
(i)
levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and
(ii)
requirements applicable as regards the name under which a product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;
(b)
production methods and processes where these have an effect on the characteristics of a product.
3
When considering whether the manner of publication of the reference number of a technical standard under paragraph 1(b) is appropriate, the Secretary of State must have regard to whether that manner will draw sufficient attention to the standard to all persons who may have an interest in it.
4
The Secretary of State may remove the reference number of a technical standard from publication and where such a reference number is removed, the technical standard is no longer a designated standard.
5
Harmonised standards, within the meaning of Article 3(19) of the EU Regulation, have effect as designated standards until the Secretary of State designates standards under this Regulation.”.

16Substitution of Article 5I1

For Article 5 substitute—

“Article 5
Presumption of conformity of cableway installations
Cableway installations which are in conformity with designated standards, or parts thereof, are presumed to be in conformity with the essential requirements set out in Annex 2 covered by those standards or parts thereof.”.

17Omission of Article 7I1

Omit Article 7.

18Amendment to Article 8I1

In Article 8(1), omit “, determined by a Member State in accordance with national law,”.

19Amendment to Article 9I1

In Article 9—

(a)

omit paragraph 1;

(b)

in paragraph 2—

(i)

omit “, determined by a Member State in accordance with national law,”, and

(ii)

for “EU declaration” substitute “ declaration ”;

(c)

in paragraph 3, for “Member State concerned” substitute “ Secretary of State ”;

(d)

omit paragraphs 4 and 5.

20Omission of Article 10I1

Omit Article 10.

21Amendment to Article 11I1

In Article 11—

(a)

for “the EU declaration of conformity”, in each place it occurs, substitute “ the declaration of conformity ”;

(b)

in paragraph 2—

(i)

for “an EU declaration of conformity” substitute “ a declaration of conformity ”, and

(ii)

for “CE marking” substitute “ UK marking ”;

(c)

in paragraph 6, for “a language easily understood by users and the market surveillance authorities” substitute “ English ”;

(d)

in paragraph 7, for the words from “a language” to “Member State concerned” substitute “ English ”;

(e)

in paragraph 8, for the words from “competent national authorities” to “available on the market” substitute “ Executive ”;

(f)

in paragraph 9—

(i)

for “a competent national authority” substitute “ the Executive ”, and

(ii)

for “a language which can be easily understood by that authority” substitute “ English ”.

22Amendment to Article 12I1

In Article 12(2)—

(a)

in point (a)—

(i)

for “EU declaration” substitute “ declaration ”, and

(ii)

for “national market surveillance authorities” substitute “the Executive”;

(b)

in point (b), for “a competent national authority” substitute “ the Secretary of State ”;

(c)

in point (c), for “competent national authorities, at their” substitute “Secretary of State, at the Secretary of State's”.

23Amendment to Article 13I1

In Article 13—

(a)

in paragraph 2—

(i)

for “CE marking” substitute “ UK marking ”,

(ii)

for “EU declaration” substitute “ declaration ”, and

(iii)

for “market surveillance authorities” substitute “ Executive ”;

(b)

in paragraph 3, for “a language easily understood by users and market surveillance authorities” substitute “ English ”;

(c)

in paragraph 4, for the words from “in a language” to the end substitute “ in English ”;

(d)

in paragraph 7, for the words from “competent national authorities” to “available on the market” substitute “ Secretary of State ”;

(e)

in paragraph 8—

(i)

for “EU declaration” substitute “ declaration ”,

(ii)

for “market surveillance authorities” substitute “ Executive ”, and

(iii)

for “those authorities” substitute “ the Executive ”;

(f)

in paragraph 9—

(i)

for “a competent national authority, provide it” substitute “ the Secretary of State, provide the Secretary of State ”, and

(ii)

for “a language which can be easily understood by that authority” substitute “ English ”.

24Amendment to Article 14I1

In Article 14—

(a)

in paragraph 2—

(i)

for “CE marking” substitute “ UK marking ”,

(ii)

for “EU declaration” substitute “ declaration ”,

(iii)

for “in a language which can be easily understood by users as determined by the Member State concerned,”, substitute “ in English ”, and

(iv)

for “market surveillance authorities” substitute “ Executive ”;

(b)

in paragraph 4, for the words from “competent national authorities” to “on the market” substitute “ Secretary of State ”;

(c)

in paragraph 5—

(i)

for “a competent national authority, provide it” substitute “ the Secretary of State, provide the Secretary of State ”, and

(ii)

for “that authority, at its”, substitute “the Secretary of State, at the Secretary of State's”.

25Amendment to Article 16I1

In Article 16, for “market surveillance authorities” substitute “ Executive ”.

26Amendment to Article 17I1

In Article 17, for the words from “harmonised standards” to “European Union” substitute “ designated standards ”.

27Amendment to Article 18I1

In Article 18—

(a)

in paragraph 2, in point (a), for “EU-type” substitute “ Type ”;

(b)

in paragraph 3, for the words from “an official language” to the end, substitute “ English ”.

28Amendment to Article 19I1

In Article 19—

(a)

in the heading, for “EU declaration” substitute “ Declaration ”;

(b)

in each other place it occurs, for “EU declaration” substitute “ declaration ”;

(c)

in paragraph 2, for the words from “and shall be translated” to the end, substitute “ and be in English ”;

(d)

for paragraph 3 substitute—

“
3
Where a subsystem or a safety component is subject to more than one enactment requiring a declaration of conformity, a single declaration of conformity must be drawn up in respect of all such enactments. That declaration must contain the identification of the enactments concerned.”.

29Substitution of Article 20I1

For Article 20 substitute—

“Article 20
Requirements of the UK marking
The UK marking is subject to the requirements set out in Article 30 of, and Annex 2 to, Regulation (EC) No 765/2008 M1.”.

30Amendment to Article 21I1

In Article 21—

(a)

for “CE marking” in the heading, and in each place it occurs, substitute “ UK marking ”;

(b)

omit paragraph 5.

31Substitution of Article 22I1

For Article 22 substitute—

“Article 22
Approval
1
The Secretary of State may approve bodies to carry out third-party conformity assessment tasks under this Regulation.
2
The Secretary of State must—
(a)
assign an approved body identification number to each approved body;
(b)
compile and maintain a register of approved bodies containing in relation to each body—
(i)
the approved body identification number,
(ii)
details of the activities for which the body is approved, and
(iii)
any restrictions on the activities for which the body is approved.
3
The register referred to in paragraph 2 must be made publicly available.”.

32Omission of Articles 23 to 25I1

Omit Articles 23 to 25.

33Amendment to Article 26I1

In Article 26—

(a)

in the heading, for “notified” substitute “ approved ”;

(b)

in paragraph 1—

(i)

for “notification” substitute “ approval ”, and

(ii)

for “paragraphs 2 to 11” substitute “ paragraphs 3 to 10 ”;

(c)

omit paragraph 2;

(d)

in paragraph 7, in point (c), for the words from “harmonised standards” to the end, substitute “ designated standards and of the relevant provisions of this Regulation and of the Cableway Installations Regulations 2018 ”;

(e)

in paragraph 9, omit the words from “unless liability” to the end;

(f)

in paragraph 10—

(i)

omit “or any provision of national law giving effect to it”, and

(ii)

for “competent authorities of the Member State in which its activities are carried out” substitute “ Secretary of State or the Executive ”;

(g)

omit paragraph 11.

34Amendment to Article 27I1

In Article 27—

(a)

the existing text becomes paragraph 1;

(b)

after the newly numbered paragraph 1 insert—

“
2
In paragraph 1, expressions used are to be given the same meaning as in the EU Regulation.”.

35Amendment to Article 28I1

In Article 28—

(a)

in the heading, for “notified” substitute “ approved ”;

(b)

in paragraph 1—

(i)

for “a notified” substitute “ an approved ”, and

(ii)

for “notifying authority” substitute “ Secretary of State ”;

(c)

in paragraph 2, for “Notified” substitute “ Approved ”;

(d)

in paragraph 4—

(i)

for “Notified” substitute “ Approved ”, and

(ii)

for “notifying authority” substitute “ Secretary of State ”.

36Amendment to Article 29I1

In Article 29—

(a)

in the heading and in paragraph 1, for “notification” substitute “ approval ”;

(b)

in paragraph 1, for the words from “notifying authority” to the end, substitute “ Secretary of State ”;

(c)

in paragraph 2, for “a national accreditation body”, substitute “ the United Kingdom Accreditation Service ”M1 .

37Omission of Articles 30 and 31I1

Omit Articles 30 and 31.

38Amendment to Article 32I1

In Article 32—

(a)

in the heading, for “notifications” substitute “ approvals ”;

(b)

in paragraph 1—

(i)

for “a notifying authority” substitute “ the Secretary of State ”,

(ii)

for “a notified”, substitute “ an approved ”,

(iii)

for “the notifying authority” substitute “ the Secretary of State ”,

(iv)

for “notification” substitute “ approval ”, and

(v)

omit the second sentence;

(c)

in paragraph 2—

(i)

for “the notified” substitute “ the approved ”,

(ii)

for “notifying Member State” substitute “ Secretary of State ”,

(iii)

for “another notified” substitute “ another approved ”, and

(iv)

for “responsible notifying and market surveillance authorities” substitute “ Secretary of State and the Executive ”.

39Omission of Article 33I1

Omit Article 33.

40Amendment to Article 34I1

In Article 34—

(a)

in the heading, for “notified bodies” substitute “ approved bodies ”;

(b)

in paragraph 1, for “Notified bodies” substitute “ Approved bodies ”;

(c)

in paragraph 3—

(i)

for “a notified body” substitute “ an approved body ”, and

(ii)

for “corresponding harmonised standards” substitute “ corresponding designated standards ”;

(d)

in paragraph 4, for “a notified body” substitute “ an approved body ”;

(e)

in paragraph 5, for “the notified body” substitute “ the approved body ”.

41Amendment to Article 35I1

In Article 35—

(a)

in the heading, for “notified” substitute “ approved ”;

(b)

for “Notified” substitute “ Approved ”.

42Amendment to Article 36I1

In Article 36—

(a)

in the heading, for “notified bodies” substitute “ approved bodies ”;

(b)

in paragraph 1—

(i)

in the opening words—

(aa)

for “Notified bodies” substitute “ Approved bodies ”, and

(bb)

for “notifying authority” substitute “ Secretary of State ”,

(ii)

in point (b), for “notification” substitute “ approval ”,

(iii)

in point (c), for “market surveillance authorities” substitute “ the Executive ”, and

(iv)

in point (d), for “notification” substitute “ approval ”;

(c)

in paragraph 2—

(i)

for “Notified bodies” substitute “ Approved bodies ”, and

(ii)

for “notified under” substitute “ approved under ”.

43Omission of Articles 37 and 38I1

Omit Articles 37 and 38.

44Amendment to Article 39I1

(1)

In the Chapter heading before Article 39, and in the heading to that Article, omit “Union” in each place it occurs.

(2)

In Article 39, for “Articles 16 to 29” substitute “ Articles 16 to 21 ”.

45Amendment to Article 40I1

(1)

In the heading to Article 40, omit “at national level”.

(2)

In Article 40—

(a)

in paragraph 1—

(i)

in the first subparagraph—

(aa)

in the first sentence, for “market surveillance authorities of one Member State have” substitute “ Executive has ”, and

(bb)

in the second sentence, for “market surveillance authorities” substitute “ Executive ”,

(ii)

in the second subparagraph—

(aa)

for “market surveillance authorities find” substitute “ Executive finds ”,

(bb)

for “they shall” substitute “ it shall ”, and

(cc)

for “they may” substitute “ it may ”, and

(iii)

in the third subparagraph—

(aa)

for “market surveillance authorities” substitute “ Executive ”, and

(bb)

for “notified body” substitute “ approved body ”;

(b)

omit paragraph 2;

(c)

in paragraph 3, omit “throughout the Union”;

(d)

omit paragraphs 4 to 8.

46Omission of Article 41I1

Omit Article 41.

47Amendment to Article 42I1

In Article 42—

(a)

in paragraph 1—

(i)

for “a Member State” substitute “ the Executive ”, and

(ii)

for “it shall require” substitute “ the Executive must require ”;

(b)

in paragraph 2, omit “throughout the Union”;

(c)

omit paragraphs 3 to 5.

48Amendment to Article 43I1

In Article 43—

(a)

in paragraph 1—

(i)

in the opening words, for “a Member State” substitute “ the Executive ”,

(ii)

in points (a) and (b), for “CE marking” in both places, substitute “ UK marking ”,

(iii)

in point (c), for “notified” substitute “ approved ”, and

(iv)

in points (d), (e) and (f), for “EU declaration” substitute “ declaration ”;

(b)

omit paragraph 2.

49Omission of Articles 44 to 46I1

Omit Articles 44 to 46.

50Post-withdrawal continuity provisionI1

Before Article 47 insert—

“Article 46A
Post-withdrawal continuity provision
1
Paragraph 2 applies where, at any time before any technical standard has been adopted and designated as a designated standard in accordance with Article 3A—
(a)
a subsystem or safety component has been assessed by a notified body in accordance with any of the EU conformity assessment procedures;
(b)
an EU declaration of conformity has been drawn up in accordance with the EU Regulation in respect of that subsystem or safety component; and
(c)
a CE marking has been affixed to that subsystem or safety component in accordance with the EU Regulation.
2
Where this paragraph applies—
(a)
a subsystem or safety component is to be treated as having been assessed in accordance with the equivalent conformity assessment procedure in Chapter 3 of this Regulation; and
(b)
the EU declaration of conformity and the CE marking are to be treated for the purposes of this Regulation and any other enactment relating to cableway installations as if they were respectively a declaration of conformity under this Regulation and a UK marking.
3
In this Article—
(a)
“CE marking” has the same meaning as in Article 3(27) of the EU Regulation;
(b)
“EU conformity assessment procedures” means the procedures provided for under Article 18(2) of the EU Regulation;
(c)
“EU declaration of conformity” has the same meaning as in the EU Regulation;
(d)
“notified body” means a body notified to the Commission under Article 22 of the EU Regulation.”.

51Omission of applicability provisionI1

After Article 48, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

52Amendment to Annex 2I1

In Annex 2, in point 7.1.1, for the words from “a language” to the end, substitute “ English ”.

53Amendment to Annex 3I1

In Annex 3—

(a)

in the heading, for “EU-type”, substitute “ type ”;

(b)

in point 1—

(i)

for “EU-type” substitute “ Type ”, and

(ii)

for “a notified body” substitute “ an approved body ”;

(c)

in point 2, for “EU-Type” substitute “ Type ”;

(d)

in point 3—

(i)

in the first paragraph—

(aa)

for “EU-type” substitute “ type ”, and

(bb)

for “single notified body” substitute “ single approved body ”, and

(ii)

in the second paragraph—

(aa)

in subparagraph (b), for “other notified body” substitute “ other approved body ”, and

(bb)

in subparagraph (d), for “The notified body” substitute “ The approved body ”;

(e)

in point 4—

(i)

in the first paragraph, for “The notified body” substitute “ The approved body ”, and

(ii)

in points 4.2, 4.3 and 4.4, for “relevant harmonised standards” in each place, substitute “ relevant designated standards ”;

(f)

in point 5—

(i)

for “The notified body” substitute “ The approved body ”,

(ii)

for “the notifying authorities” substitute “ the Secretary of State ”, and

(iii)

for “the notified body” substitute “ the approved body ”;

(g)

in point 6—

(i)

in the first paragraph—

(aa)

for “the notified body” substitute “ the approved body ”, and

(bb)

for “an EU-type examination” substitute “ a type examination ”,

(ii)

in the second paragraph, for “The EU-type examination” substitute “ The type examination ”, and

(iii)

in the fourth paragraph—

(aa)

for “the notified body” substitute “ the approved body ”, and

(bb)

for “an EU-type examination” substitute “ a type examination ”;

(h)

in point 7—

(i)

in the first paragraph—

(aa)

for “The notified body” substitute “ The approved body ”, and

(bb)

for “the notified body” substitute “ the approved body ”,

(ii)

in the second paragraph—

(aa)

for “the notified body” substitute “ the approved body ”, and

(bb)

for “the EU-type” substitute “ the type ”, and

(iii)

in the third paragraph—

(aa)

for “The notified body” substitute “ The approved body ”,

(bb)

for “the EU-type examination” substitute “ the type examination ”,

(cc)

for “the notified body” substitute “ the approved body ”,

(dd)

for “the original EU-type” substitute “ the original type ”, and

(ee)

for “an EU-type” substitute “ a type ”;

(i)

in point 8—

(i)

in the first paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”,

(bb)

for “its notifying authority”, in both places, substitute “ the Secretary of State ”, and

(cc)

for “the EU-type” substitute “ the type ”,

(ii)

in the second paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”,

(bb)

for “the other notified bodies” substitute “ the other approved bodies ”, and

(cc)

for “the EU-type examination” substitute “ the type examination ”, and

(iii)

in the third paragraph—

(aa)

omit “Commission, the Member States and the”,

(bb)

for “other notified bodies” substitute “ other approved bodies ”,

(cc)

omit the words from “On request” to “carried out by the notified body”,

(dd)

for “The notified body” substitute “ The approved body ”, and

(ee)

for “the EU-type examination”, in both places, substitute “ the type examination ”;

(j)

in point 9—

(i)

for “the EU-type” substitute “ the type ”, and

(ii)

for “the national authorities” substitute “ the Secretary of State ”.

54Amendment to Annex 4I1

In Annex 4—

(a)

in point 1, for “the EU-type examination” substitute “ the type examination ”;

(b)

in point 3—

(i)

in point 3.1, in the second paragraph—

(aa)

in subparagraph (b) for “other notified body” substitute “ other approved body ”, and

(bb)

in subparagraph (e) for “the EU-type examination” substitute “ the type examination ”,

(ii)

in point 3.2, for “the EU-type examination” substitute “ the type examination ”,

(iii)

in point 3.3—

(aa)

in the first paragraph, for “The notified body” substitute “ The approved body ”, and

(bb)

in the second paragraph, for “relevant harmonised standard” substitute “ relevant designated standard ”, and

(iv)

in point 3.5—

(aa)

in the first paragraph, for “the notified body” substitute “ the approved body ”, and

(bb)

in the second paragraph, for “The notified body” substitute “ The approved body ”;

(c)

in point 4—

(i)

in the heading, for “the notified body” substitute “ the approved body ”,

(ii)

in point 4.2, for “the notified body” substitute “ the approved body ”,

(iii)

in point 4.3, for “The notified body” substitute “ The approved body ”, and

(iv)

in point 4.4—

(aa)

for “the notified body”, in both places, substitute “ the approved body ”, and

(bb)

for “The notified body” substitute “ The approved body ”;

(d)

in point 5—

(i)

in the heading, for “CE marking and EU declaration” substitute “ UK marking and declaration ”,

(ii)

in point 5.1—

(aa)

for “CE marking” substitute “ UK marking ”,

(bb)

for “the notified body” substitute “ the approved body ”, and

(cc)

for “the EU-type examination” substitute “ the type examination ”, and

(iii)

in point 5.2—

(aa)

for “EU declaration of conformity”, in each place, substitute “ declaration of conformity ”, and

(bb)

for “national authorities” substitute “ Secretary of State ”;

(e)

in point 6—

(i)

for “national authorities” substitute “ Secretary of State ”, and

(ii)

for “notified body” substitute “ approved body ”;

(f)

in point 7—

(i)

in the first paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”, and

(bb)

for “its notifying authority”, in both places, substitute “ the Secretary of State ”,

(ii)

in the second paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”, and

(bb)

for “the other notified bodies” substitute “ the other approved bodies ”,

(iii)

omit the third paragraph, and

(iv)

in the fourth paragraph, for “The notified body” substitute “ The approved body ”.

55Amendment to Annex 5I1

In Annex 5—

(a)

in point 1, for “the EU-type” substitute “ the type ”;

(b)

in point 2, for “the EU-type” substitute “ the type ”;

(c)

in point 3—

(i)

in point 3.1—

(aa)

in the first paragraph, for “the notified body” substitute “ the approved body ”,

(bb)

in the second paragraph, in subparagraph (b), for “other notified body” substitute “ other approved body ”, and

(cc)

in the second paragraph, in subparagraph (d), for “EU-type examination” substitute “ type examination ”, and

(ii)

in point 3.2—

(aa)

for “The notified body” substitute “ The approved body ”, and

(bb)

for “EU-type examination” substitute “ type examination ”;

(d)

in point 4—

(i)

in point 4.1, in the first paragraph—

(aa)

for “relevant harmonised standard(s) and/or equivalent tests set out in other relevant technical specifications” substitute “ relevant designated standards ”, and

(bb)

for “EU-type examination” substitute “ type examination ”,

(ii)

in point 4.1, in the second paragraph, for “a harmonised standard, the notified” substitute “ a designated standard, the approved ”, and

(iii)

in point 4.2—

(aa)

in the first paragraph, for “The notified body” substitute “ The approved body ”, and

(bb)

in the second paragraph, for “national authorities” substitute “ Secretary of State ”;

(e)

in point 5—

(i)

in point 5.2—

(aa)

for “relevant harmonised standard(s)” substitute “ relevant designated standards ”,

(bb)

for “EU-type examination” substitute “ type examination ”,

(cc)

for “harmonised standard” substitute “ designated standard ”, and

(dd)

for “notified body” substitute “ approved body ”,

(ii)

in point 5.3—

(aa)

in the second paragraph, for “The notified body” substitute “ The approved body ”, and

(bb)

in the third paragraph, for “national authorities” substitute “ Secretary of State ”, and

(iii)

in point 5.4—

(aa)

for “notified body”, in both places, substitute “ approved body ”, and

(bb)

for “competent authority” substitute “ Secretary of State ”;

(f)

in point 6—

(i)

in the heading, for “CE marking and EU declaration” substitute “ UK marking and declaration ”,

(ii)

in point 6.1—

(aa)

for “CE marking” substitute “ UK marking ”,

(bb)

for “notified body” substitute “ approved body ”, and

(cc)

for “the EU-type examination” substitute “ the type examination ”, and

(iii)

in point 6.2—

(aa)

for “EU declaration”, in both places, substitute “ declaration ”,

(bb)

for “national authorities” substitute “ Secretary of State ”,

(cc)

for “If the notified body” substitute “ If the approved body ”, and

(dd)

for “notified body's” substitute “approved body's”;

(g)

in point 7—

(i)

for “If the notified body” substitute “ If the approved body ”, and

(ii)

for “notified body's” substitute “approved body's”.

56Amendment to Annex 6I1

In Annex 6—

(a)

in point 3—

(i)

in point 3.1—

(aa)

in the first paragraph, for “the notified body” substitute “ the approved body ”, and

(bb)

in the second paragraph, in subparagraph (b), for “other notified body” substitute “ other approved body ”, and

(ii)

in point 3.2—

(aa)

for “The notified body”, in both places, substitute “ The approved body ”,

(bb)

for “relevant harmonised standards and/or equivalent tests set out in other relevant technical specifications” substitute “ relevant designated standards ”,

(cc)

for “a harmonised standard” substitute “ a designated standard ”,

(dd)

for “the notified body”, in each place, substitute “ the approved body ”,

(ee)

for “same notified body” substitute “ same approved body ”,

(ff)

omit the words from “On request” to “certificate of conformity”, and

(gg)

for “national authorities” substitute “ Secretary of State ”;

(b)

in point 4—

(i)

in the heading, for “CE marking and EU declaration” substitute “ UK marking and declaration ”,

(ii)

in point 4.1—

(aa)

for “CE marking” substitute “ UK marking ”, and

(bb)

for “notified body” substitute “ approved body ”, and

(iii)

in point 4.2—

(aa)

for “EU declaration”, in both places in the first paragraph, substitute “ declaration ”,

(bb)

for “national authorities” substitute “ Secretary of State ”, and

(cc)

omit “A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.”.

57Amendment to Annex 7I1

In Annex 7—

(a)

in point 3.1, in the first paragraph, and in the second paragraph in subparagraph (f), for “notified body” substitute “ approved body ”;

(b)

in point 3.2, in the third paragraph, in subparagraph (b), for “harmonised standards” substitute “ designated standards ”;

(c)

in point 3.3—

(i)

in the first paragraph—

(aa)

for “The notified body” substitute “ The approved body ”, and

(bb)

for “harmonised standard” substitute “ designated standard ”, and

(ii)

in the fifth paragraph, for “The notified body” substitute “ The approved body ”;

(d)

in point 3.5—

(i)

in the first paragraph, for “the notified body” substitute “ the approved body ”, and

(ii)

in the second paragraph, for “The notified body” substitute “ The approved body ”;

(e)

in point 3.6.1, for “notified body” substitute “ approved body ”;

(f)

in point 3.6.2, in the second paragraph, in subparagraph (b), for “other notified body” substitute “ other approved body ”;

(g)

in point 3.6.3—

(i)

in the first paragraph—

(aa)

for “The notified body” substitute “ The approved body ”, and

(bb)

for “an EU design examination” substitute “ a design examination ”, and

(ii)

in the third paragraph—

(aa)

for “the notified body” substitute “ the approved body ”, and

(bb)

for “an EU design examination” substitute “ a design examination ”;

(h)

in point 3.6.4—

(i)

in the first paragraph—

(aa)

for “The notified body” substitute “ The approved body ”, and

(bb)

for “the notified body” substitute “ the approved body ”, and

(ii)

in the second paragraph—

(aa)

for “the notified body”, in both places, substitute “ the approved body ”, and

(bb)

for “EU design examination”, in each place, substitute “ design examination ”;

(i)

in point 3.6.5—

(i)

in the first paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”,

(bb)

for “its notifying authority”, in both places, substitute “ the Secretary of State ”, and

(cc)

for “the EU design examination” substitute “ the design examination ”,

(ii)

in the second paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”,

(bb)

for “other notified bodies” substitute “ other approved bodies ”, and

(cc)

for “the EU design examination” substitute “ the design examination ”,

(iii)

for the third paragraph substitute—

“The other approved bodies may, on request, obtain a copy of the design examination certificates and any additions thereto.”, and

(iv)

in the fourth paragraph—

(aa)

for “The notified body” substitute “ The approved body ”, and

(bb)

for “the EU design examination” substitute “ the design examination ”;

(j)

in point 3.6.6—

(i)

for “the EU design examination” substitute “ the design examination ”, and

(ii)

for “national authorities” substitute “ Secretary of State ”;

(k)

in point 4—

(i)

in the heading, for “the notified body” substitute “ the approved body ”,

(ii)

in point 4.2, for “the notified body” substitute “ the approved body ”,

(iii)

in point 4.3, for “The notified body” substitute “ The approved body ”, and

(iv)

in point 4.4, for “the notified body”, in both places, substitute “ the approved body ”;

(l)

in point 5—

(i)

in the heading, for “CE marking and EU declaration” substitute “ UK marking and declaration ”,

(ii)

in point 5.1—

(aa)

for “CE marking” substitute “ UK marking ”, and

(bb)

for “the notified body” substitute “ the approved body ”, and

(iii)

in point 5.2—

(aa)

for “written EU declaration” substitute “ written declaration ”,

(bb)

for “national authorities” substitute “ Secretary of State ”,

(cc)

for “The EU declaration” substitute “ The declaration ”,

(dd)

for “the EU design examination” substitute “ the design examination ”, and

(ee)

for “A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.” substitute “ A copy of the declaration of conformity must be made available to the Executive upon request. ”;

(m)

in point 6—

(i)

in the opening words, for “national authorities” substitute “ Secretary of State ”, and

(ii)

in paragraph (d), for “the notified body”, substitute “ the approved body ”;

(n)

in point 7—

(i)

in the first paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”, and

(bb)

for “its notifying authority”, in both places, substitute “ the Secretary of State ”,

(ii)

in the second paragraph—

(aa)

for “Each notified body” substitute “ Each approved body ”, and

(bb)

for “other notified bodies” substitute “ other approved bodies ”,

(iii)

omit the third paragraph, and

(iv)

in the fourth paragraph, for “The notified body” substitute “ The approved body ”.

58Amendment to Annex 8I1

In Annex 8, in point 2—

(a)

for paragraph (c) substitute—

“(c)
a list of the designated standards referred to in Article 17 applied in full or in part, and where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of this Regulation including a list of other relevant technical specifications applied. In the event of partly applied designated standards, the technical documentation must specify the parts which have been applied;”;

(b)

in paragraph (f), for “EU declarations” substitute “ declarations ”.

59Amendment to Annex 9I1

In Annex 9—

(a)

in the heading, for “EU declaration” substitute “ Declaration ”;

(b)

omit point 5;

(c)

in point 6, for “relevant harmonised standards” substitute “ relevant designated standards ”;

(d)

in point 7, for “notified body” substitute “ approved body ”.

Signature

We consent

Mike Freer

Rebecca Harris

Two of the Lords Commissioners of Her Majesty's Treasury

Signed by authority of the Secretary of State for Transport

Chris Heaton-Harris

Minister of State

Department for Transport

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of cableway installations and, in particular, amend legislation relating to the construction and modification of cableway installations and the conformity assessment of subsystems and safety components of cableway installations.

Part 2 amends the Cableway Installations Regulations 2018. Part 3 amends Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside the instrument onwww.legislation.gov.uk

The Cableway Installations (Amendment) (EU Exit) Regulations 2019

Annotations to the whole text

Marginal citations

Contents