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Regulation 7 Other amendments to the principal Regulations

Original text. Later amendments are not shown.

The principal Regulations are hereby amended as follows:—

(a)

in regulation 3—

(i)

in paragraph (2), there shall be added at the end of the definition of “kit” the following—

“and for the avoidance of doubt, it is hereby declared that for the purposes of the definition of “system” in this paragraph and of the application of regulation 7 below, a kit shall be considered to be a system with an intrinsic function intended for the end user notwithstanding that, when it is supplied, it is not yet assembled;”; and

(ii)

in paragraph (6) after the words “person who imported it” there shall be inserted the words “from a country or territory other than a member State”;

(b)

for regulation 8 there shall be substituted the following regulation—

“Education and training equipment

8
(1)

This regulation applies to education and training equipment which would not, except for the provisions of this regulation, conform with the protection requirements under normal conditions of use in its usual electromagnetic environment.

(2)

Education and training equipment to which this regulation applies shall be deemed to conform with the protection requirements if it satisfies the following conditions—

(a)

in relation to supply, the apparatus is accompanied by a declaration in English stating that the use of the apparatus outside the classroom, laboratory, study area or similar such place invalidates conformity with the protection requirements of the Electromagnetic Compatibility Directive (89/336/EEC) and could lead to prosecution; and

(b)

the equipment when operated does not cause electromagnetic disturbance to apparatus situated outside its immediate electromagnetic environment.

(3)

In these Regulations, “education and training equipment” means any relevant apparatus (including a kit)—

(a)

supplied or possessed for supply to education or training establishments or manufactured in such an establishment for the purposes of experimentation, learning or practical training; and

(b)

the usual electromagnetic environment of which is a classroom, laboratory, study area or similar such place.”;

(c)

in regulation 11—

(i)

for sub-paragraph (b)(ii)(aa) there shall be substituted the following—

“(aa)

the supplier believes (with reasonable cause) will be used in that member State;” and

(ii)

after sub-paragraph (b) there shall be added the following—

“Provided that this regulation shall not apply to medical devices.”;

(d)

in regulation 23(2), for the symbol “H3” there shall be substituted the symbol “Hz”;

(e)

in regulation 36(2), for “regulation 37” there shall be substituted “regulation 38”; and

(f)

in regulation 39, the words “by notice in the London, Edinburgh and Belfast Gazettes” shall, on each occasion that they occur, be omitted.