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The Electrical Equipment (Safety) Regulations 2016

S.I. 2016/1101 · Made 15 November 2016 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2024.

Consumer Protection

Health And Safety

Made 15th November 2016

Laid before Parliament 16th November 2016

Coming into force 8th December 2016

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to measures for safety as respects electrical equipment M2 and in relation to measures for consumer protection M3.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M4 of Schedule 2 to, the European Communities Act 1972.

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

M2

S.I. 1972/1811, superseded in relation to measures relating to consumer protection by S.I. 1993/2661.

M3

S.I. 1993/2661.

M4

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Electrical equipment to which these Regulations apply
  6. Part 2: Obligations of economic operators
  7. Chapter: Manufacturers
  8. 4Design and manufacture in accordance with safety objectives
  9. 5Technical documentation and conformity assessment
  10. 6Declaration of conformity and UK marking
  11. 7Retention of technical documentation and EU declaration of conformity
  12. 8Labelling of electrical equipment
  13. 9Instructions and safety information
  14. 10Compliance procedures for series production
  15. 11Monitoring
  16. 12Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity
  17. 13Provision of information and cooperation
  18. Chapter: Authorised representatives
  19. 14Manufacturer's authorised representatives
  20. Chapter: Importers
  21. 15Prohibition on placing on the market electrical equipment which is not in conformity
  22. 16Requirements which must be satisfied before an importer places electrical equipment on the market
  23. 17Prohibition on placing on the market electrical equipment considered not to be in conformity with the safety objectives
  24. 18Information identifying importer
  25. 19Instructions and safety information
  26. 20Storage and transport of electrical equipment
  27. 21Retention of technical documentation and EU declaration of conformity
  28. 22Monitoring
  29. 23Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity
  30. 24Provision of information and cooperation
  31. Chapter: Distributors
  32. 25Duty to act with due care
  33. 26Requirements which must be satisfied before a distributor makes electrical equipment available on the market
  34. 27Prohibition on making available on the market where electrical equipment considered not to be in conformity with safety objectives
  35. 28Storage and transport of electrical equipment
  36. 29Duty to take action in respect of electrical equipment made available on the market which is considered not to be in conformity
  37. 30Provision of information and cooperation
  38. 31Cases in which obligations of manufacturers apply to importers and distributors
  39. Chapter: All economic operators
  40. 32Translation of declaration of conformity
  41. 33Identification of economic operators
  42. 34Prohibition on improper use of UK marking
  43. 34AObligations which are met by complying with obligations in the Directive
  44. 34BFurther use of UK marking
  45. 34CQualifying Northern Ireland Goods
  46. 35Safe connection of electrical equipment intended for use in the United Kingdom
  47. Part 3: Conformity assessment
  48. 36Presumption of conformity on the basis of designated standards
  49. 37Conformity with other standards and requirements
  50. 38Declaration of conformity
  51. 39UK marking
  52. Part 4: Market surveillance and enforcement
  53. 40Designation of market surveillance authority
  54. 41Enforcement
  55. 42Enforcement powers
  56. 43Exercise of enforcement powers
  57. 44Evaluation of electrical equipment presenting a risk
  58. 45Enforcement action in respect of electrical equipment which is not in conformity and which presents a risk
  59. 46Union safeguard procedure
  60. 47Enforcement action in respect of electrical equipment which is in conformity, but presents a risk
  61. 48Enforcement action in cases of formal non-compliance
  62. 49Restrictive measures
  63. 50Offences
  64. 51Penalties
  65. 52Defence of due diligence
  66. 53Liability of persons other than principal offender
  67. 54Time limit for prosecution of offences
  68. 55Service of documents
  69. 56Recovery of expenses of enforcement
  70. 57Action by enforcing authority
  71. 58Appeals against notices
  72. 59Appropriate court for appeals against notices
  73. 60Compensation
  74. Part 5: Miscellaneous
  75. 61Review
  76. 62Transitional provisions and savings
  77. 62ATransitional provision in relation to EU Exit
  78. 63Revocations and amendments
  79. 64Regulation 64
  80. Signature
  81. Schedule 1: Principal elements of the safety objectives for electrical equipment designed for use within certain voltage limits
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. Schedule 2: Conformity Assessment Procedure
  86. 1Module A Internal production control
  87. 2Technical documentation
  88. 3Manufacturing
  89. 4UK marking and ... declaration of conformity
  90. 5Authorised representative
  91. Schedule 3: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
  92. 1Enforcement powers under the 1987 Act
  93. 2Modifications to the 1987 Act
  94. Schedule 4: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
  95. 1Enforcement powers under the 1974 Act
  96. 2Modifications to the 1974 Act
  97. Schedule 5: Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order
  98. 1Enforcement powers under the 1978 Order
  99. 2Modifications to the 1978 Order
  100. Schedule 6: Compliance, withdrawal and recall notices
  101. 1Compliance notice
  102. 2Withdrawal notice
  103. 3Recall notice
  104. 4Interpretation
  105. Schedule 7: Consequential amendments
  106. 1Amendment of the Plugs and Sockets etc (Safety) Regulations 1994
  107. 2Amendment of the Provision and Use of Work Equipment Regulations 1998
  108. 3Amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999
  109. 4Amendment of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
  110. 5Amendment of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
  111. 6Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  112. 7Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  113. 8Amendment of the Building Regulations 2010
  114. 9Amendment of the Homelessness (Suitability of Accommodation) (England) Order 2012
  115. 10Amendment of the Energy Act 2013 (Office for Nuclear Regulation) Consequential Amendments, Transitional Provisions and Savings) Order 2014
  116. 11Amendment of the Consumer Rights Act 2015
  117. Schedule 8: EU Declaration of Conformity
  118. 1Declaration of conformity (No xxxx)
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. 4Paragraph 4
  122. 5Paragraph 5
  123. 6Paragraph 6
  124. 7Paragraph 7
  125. Explanatory note