# The Falling-object Protective Structures for Construction Plant (EEC Requirements) Regulations 1988, Regulation 3: Marketing of FOPS and construction plant


(1) No person shall on or after 2nd June 1990 market any FOPS manufactured on or after that date unless an EEC type-examination certificate and a certificate of conformity has been issued in respect of that structure and an EEC mark has been placed thereon in accordance with these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom.
(2) No person shall on or after 2nd June 1990 market any construction plant unless it is designed to be fitted with an EEC protective structure:
Provided that construction plant shall be deemed to be designed to be fitted with an EEC protective structure if it is provided with a roll-over protective structure to which the EEC protective structure can be fitted.
(3) Where a person (“the ostensible supplier”) markets any FOPS or construction plant by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier:—
(a) carries on the business of financing the acquisition of goods by others by means of such agreements; and
(b) in the course of that business acquired his interest in the FOPS or plant supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purpose of this regulation as marketing the FOPS or plant to the customer and any duty imposed by these Regulations on those who market any FOPS or construction plant shall accordingly fall on the effective supplier and not on the ostensible supplier.
(4) Where a person (“the ostensible supplier”) markets any FOPS or construction plant by supplying the same to another (“the customer”) under a lease, and the ostensible supplier—
(a) has not previously granted any lease to the customer in respect of that FOPS or plant; and
(b) carries on the business of financing the use of goods by others by means of leases; and
(c) in the course of that business acquired his interest in the FOPS or plant supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”); and
(d) he or his agent either
(i) has not had physical possession of the FOPS or plant, or
(ii) has had physical possession of the FOPS or plant only for the purpose of passing it to the customer; and
(e) he or his agent has not modified, overhauled, repaired or restored the FOPS or plant;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the FOPS or plant to the customer and any duty imposed by these Regulations on those who market any FOPS or construction plant shall accordingly fall on the effective supplier and not on the ostensible supplier.
(5) Where—
(a) paragraph (4) of this regulation has applied in respect of a lease; and
(b) the ostensible supplier grants a further lease of the FOPS or plant to the same customer; and
(c) the FOPS or plant has remained in the physical possession of the customer since he took possession of it under the first lease; and
(d) the FOPS or plant has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier;
then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.

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Source: https://www.legislation.gov.uk/uksi/1988/362/regulation/3 (the official version)
Page: https://openlegislation.uk/falling-object-protective-structures-for-construction-plant-eec-requirements-regulations-1988/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.