OpenLegislation

The Electromagnetic Compatibility Regulations 2016 in Northern Ireland

S.I. 2016/1091 · Made 15 November 2016 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2024.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5 para. 1(1)word omittedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 3(a)
Sch. 5 para. 1(1)(c) and wordinsertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 3(b)

Electromagnetic Compatibility

Made 15th November 2016

Laid before Parliament 16th November 2016

Coming into force 8th December 2016

M1M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to apparatus which is liable to cause electromagnetic disturbance and to apparatus the performance of which could be affected by such disturbance.

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 these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the European Communities Act 1972.C1

Annotations to the whole text

Marginal citations

M1

S.I. 1989/2393, to which there are amendments not relevant to these Regulations.

M2

1972 c.68; section 2(2) was amended by section 27(1) 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).

M3

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.

Modifications

C1

Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 5

Contents

  1. Part 1
  2. 1Citation and commencement
  3. 3ADisapplication where more specific obligations apply
  4. 5Exhibition at trade fairs
  5. Part 2: Obligations of economic operators
  6. 7Essential requirements
  7. Chapter: Manufacturers
  8. 8Duty to ensure apparatus complies with the essential requirements
  9. 9Technical documentation and conformity assessment
  10. 11Retention of technical documentation and EU declaration of conformity
  11. 16Provision of information and co-operation
  12. Chapter: Importers
  13. 17Prohibition on placing apparatus on the market which is not in conformity
  14. 19Duty not to place non-conforming apparatus on the market
  15. 22Storage and transport
  16. 24Retention of technical documentation and EU declaration of conformity
  17. 25Provision of information and co-operation
  18. Chapter: Distributors
  19. 26Duty to act with due care
  20. 28Duty not to make non-conforming apparatus available on the market
  21. 29Storage and transport
  22. Chapter: All economic operators
  23. 32Cases in which the obligations of manufacturers apply to importers and distributors
  24. 33Identification of economic operators
  25. 34Translation of EU declaration of conformity
  26. 36Information concerning the use of apparatus
  27. 37Fixed installations
  28. Chapter: Authorised representatives
  29. Part 3: Conformity of apparatus and equipment
  30. 40Conformity assessment procedures
  31. 42AUK(NI) indication
  32. 42BRegister of UK notified bodies
  33. Part 5: Enforcement and market surveillance
  34. 52Designation of enforcing authorities
  35. 53Designation of market surveillance authorities
  36. 54Enforcement powers
  37. 55Exercise of enforcement powers
  38. 56Evaluation of apparatus presenting a risk
  39. 58EU safeguard procedure
  40. 60Restrictive measures
  41. 61Offences
  42. 62Penalties
  43. 63Defence of due diligence
  44. 64Liability of persons other than the principal offender
  45. 65Service of documents
  46. 66Recovery of expenses of enforcement
  47. 67Action by enforcing authority
  48. 68Appeals against notices
  49. 69Appropriate court for appeals against notices
  50. 70Time limit for prosecution of offences
  51. 71Compensation
  52. 72Power of the court to require a matter to be remedied
  53. Part 6: MISCELLANEOUS
  54. 74Transitional provision
  55. 75Revocations and savings
  56. 76Consequential amendments
  57. Signature
  58. Schedule 1: Essential Requirements
  59. 1General requirements
  60. 2Specific requirements for fixed installations
  61. Schedule 2: Module A: internal production control
  62. 1Paragraph 1
  63. Electromagnetic compatibility assessment
  64. 2Paragraph 2
  65. 3Paragraph 3
  66. Technical documentation
  67. 4Paragraph 4
  68. Manufacturing
  69. 6Paragraph 6
  70. CEUK marking and EU declaration of conformity
  71. 8Paragraph 8
  72. Authorised Representative
  73. 9Paragraph 9
  74. Schedule 3: Applicable conformity assessment procedures
  75. Part 1: Module B: EU-type Type Examination
  76. 17Paragraph 17
  77. Part 2: Module C: conformity to type based on internal production control
  78. 21Authorised representative
  79. Schedule 4: EU declaration Declaration of conformity
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 8Paragraph 8
  84. Schedule 5: Requirements for notified approved bodies
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. 7Paragraph 7
  91. 8Paragraph 8
  92. 11Paragraph 11
  93. 13Paragraph 13
  94. 14Paragraph 14
  95. 15Paragraph 15
  96. 16Paragraph 16
  97. 17Paragraph 17
  98. Schedule 6: Operational obligations of notified approved bodies
  99. 3Paragraph 3
  100. 4Paragraph 4
  101. Schedule 7: Enforcement and investigatory powers conferred on the enforcing authority and the market surveillance authority
  102. Part 1: ENFORCEMENT AND INVESTIGATORY POWERS
  103. 1Enforcement powers under the 1987 Act
  104. 2Modifications to the 1987 Act
  105. 3Application of Schedule 5 to the Consumer Rights Act 2015
  106. Part 2: COMPLIANCE NOTICES, WITHDRAWAL NOTICES AND RECALL NOTICES
  107. 4Compliance notice
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. 8Paragraph 8
  112. 9Withdrawal notice
  113. 10Paragraph 10
  114. 11Paragraph 11
  115. 12Paragraph 12
  116. 13Paragraph 13
  117. 14Paragraph 14
  118. 15Paragraph 15
  119. 17Recall notice
  120. 18Paragraph 18
  121. 19Paragraph 19
  122. 20Paragraph 20
  123. 21Paragraph 21
  124. 22Paragraph 22
  125. 23Paragraph 23
  126. 24Paragraph 24
  127. 25Paragraph 25
  128. 26Paragraph 26
  129. 27Paragraph 27
  130. 28Paragraph 28
  131. 30Interpretation
  132. Explanatory note