The Electrical Equipment (Safety) Regulations 2016
S.I. 2016/1101 · Made 15 November 2016 · Extends to United Kingdom
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S.I. 1972/1811, superseded in relation to measures relating to consumer protection by S.I. 1993/2661.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
- 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
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- 2ADesignated standard
- 3Electrical equipment to which these Regulations apply
- Part 2: Obligations of economic operators
- Chapter: Manufacturers
- 4Design and manufacture in accordance with safety objectives
- 5Technical documentation and conformity assessment
- 6Declaration of conformity and UK marking
- 7Retention of technical documentation and EU declaration of conformity
- 8Labelling of electrical equipment
- 9Instructions and safety information
- 10Compliance procedures for series production
- 11Monitoring
- 12Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity
- 13Provision of information and cooperation
- Chapter: Authorised representatives
- 14Manufacturer's authorised representatives
- Chapter: Importers
- 15Prohibition on placing on the market electrical equipment which is not in conformity
- 16Requirements which must be satisfied before an importer places electrical equipment on the market
- 17Prohibition on placing on the market electrical equipment considered not to be in conformity with the safety objectives
- 18Information identifying importer
- 19Instructions and safety information
- 20Storage and transport of electrical equipment
- 21Retention of technical documentation and EU declaration of conformity
- 22Monitoring
- 23Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity
- 24Provision of information and cooperation
- Chapter: Distributors
- 25Duty to act with due care
- 26Requirements which must be satisfied before a distributor makes electrical equipment available on the market
- 27Prohibition on making available on the market where electrical equipment considered not to be in conformity with safety objectives
- 28Storage and transport of electrical equipment
- 29Duty to take action in respect of electrical equipment made available on the market which is considered not to be in conformity
- 30Provision of information and cooperation
- 31Cases in which obligations of manufacturers apply to importers and distributors
- Chapter: All economic operators
- 32Translation of declaration of conformity
- 33Identification of economic operators
- 34Prohibition on improper use of UK marking
- 34AObligations which are met by complying with obligations in the Directive
- 34BFurther use of UK marking
- 34CQualifying Northern Ireland Goods
- 35Safe connection of electrical equipment intended for use in the United Kingdom
- Part 3: Conformity assessment
- 36Presumption of conformity on the basis of designated standards
- 37Conformity with other standards and requirements
- 38Declaration of conformity
- 39UK marking
- Part 4: Market surveillance and enforcement
- 40Designation of market surveillance authority
- 41Enforcement
- 42Enforcement powers
- 43Exercise of enforcement powers
- 44Evaluation of electrical equipment presenting a risk
- 45Enforcement action in respect of electrical equipment which is not in conformity and which presents a risk
- 46Union safeguard procedure
- 47Enforcement action in respect of electrical equipment which is in conformity, but presents a risk
- 48Enforcement action in cases of formal non-compliance
- 49Restrictive measures
- 50Offences
- 51Penalties
- 52Defence of due diligence
- 53Liability of persons other than principal offender
- 54Time limit for prosecution of offences
- 55Service of documents
- 56Recovery of expenses of enforcement
- 57Action by enforcing authority
- 58Appeals against notices
- 59Appropriate court for appeals against notices
- 60Compensation
- Part 5: Miscellaneous
- 61Review
- 62Transitional provisions and savings
- 62ATransitional provision in relation to EU Exit
- 63Revocations and amendments
- 64Regulation 64
- Signature
- Schedule 1: Principal elements of the safety objectives for electrical equipment designed for use within certain voltage limits
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 2: Conformity Assessment Procedure
- 1Module A Internal production control
- 2Technical documentation
- 3Manufacturing
- 4UK marking and ... declaration of conformity
- 5Authorised representative
- Schedule 3: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
- 1Enforcement powers under the 1987 Act
- 2Modifications to the 1987 Act
- Schedule 4: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
- 1Enforcement powers under the 1974 Act
- 2Modifications to the 1974 Act
- Schedule 5: Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order
- 1Enforcement powers under the 1978 Order
- 2Modifications to the 1978 Order
- Schedule 6: Compliance, withdrawal and recall notices
- 1Compliance notice
- 2Withdrawal notice
- 3Recall notice
- 4Interpretation
- Schedule 7: Consequential amendments
- 1Amendment of the Plugs and Sockets etc (Safety) Regulations 1994
- 2Amendment of the Provision and Use of Work Equipment Regulations 1998
- 3Amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999
- 4Amendment of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
- 5Amendment of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
- 6Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
- 7Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
- 8Amendment of the Building Regulations 2010
- 9Amendment of the Homelessness (Suitability of Accommodation) (England) Order 2012
- 10Amendment of the Energy Act 2013 (Office for Nuclear Regulation) Consequential Amendments, Transitional Provisions and Savings) Order 2014
- 11Amendment of the Consumer Rights Act 2015
- Schedule 8: EU Declaration of Conformity
- 1Declaration of conformity (No xxxx)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Explanatory note