The Lifts Regulations 2016
S.I. 2016/1093 · 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 M1 for the purposes of section 2(2) of the European Communities Act M2 in relation to measures relating to lifts and safety components for use in lifts.
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.
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1), and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.
- M3
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- 2ADesignated standard
- 3Scope and application
- 4Exception for trade fairs, exhibitions or demonstrations
- 5Lifts where risks are wholly or partly covered by other enactments
- Part 2: Obligations of economic operators
- Chapter: Installers
- 6Design, manufacture, installation and testing in accordance with essential health and safety requirements
- 7Technical documentation and conformity assessment
- 8Declaration of conformity and UK marking
- 9Retention of technical documentation and ... declaration of conformity
- 10Labelling and instructions
- 11Monitoring of lifts placed on the market
- 12Duty to take action in respect of lifts placed on the market which are considered not to be in conformity
- 13Provision of information and cooperation
- 14Specific duties relating to buildings or constructions in which lifts are installed
- Chapter: Manufacturers
- 15Design and manufacture in accordance with essential health and safety requirements
- 16Technical documentation and conformity assessment
- 17Declaration of conformity and UK marking
- 18Retention of technical documentation and ... declaration of conformity
- 19Labelling and instructions
- 20Compliance procedures for series production
- 21Monitoring of safety components for lifts made available on the market
- 22Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity
- 23Provision of information and cooperation
- Chapter: Authorised representatives
- 24Appointment of authorised representatives
- Chapter: Importers
- 25Prohibition on placing on the market a safety component for lifts which is not in conformity with the essential health and safety requirements
- 26Requirements which must be satisfied before an importer places a safety component for lifts on the market
- 27Prohibition on placing on the market safety components for lifts considered not to be in conformity with the essential health and safety requirements
- 28Information identifying importer
- 29Instructions
- 30Storage and transport
- 31Monitoring of safety components for lifts made available on the market
- 32Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity
- 33Retention of technical documentation and ...declaration of conformity
- 34Provision of information and cooperation
- 35Cases in which obligations of manufacturers apply to importers
- Chapter: Distributors
- 36Duty to act with due care
- 37Requirements which must be satisfied before a distributor makes a safety component for lifts available on the market
- 38Prohibition on making available on the market where the safety component for lifts is not considered to be in conformity with the essential health and safety requirements
- 39Storage and transport
- 40Duty to take action in respect of safety components for lifts made available on the market which are not in conformity with Part 2
- 41Provision of information and cooperation
- 42Cases in which obligations of manufacturers apply to distributors
- Chapter: All economic operators
- 43Translation of declaration of conformity
- 44Identification of economic operators
- 45Prohibition on improper use of UK marking
- 45AObligations which are met by complying with obligations in the Directive
- 45BConformity assessment procedure obligation which is met by complying with the Directive
- 45CFurther use of the UK marking
- 45DQualifying Northern Ireland Goods
- Part 3: Conformity assessment
- 46Presumption of conformity
- 47Conformity assessment procedures for lifts
- 48Conformity assessment procedures for safety components for lifts
- 49Declaration of conformity
- 50UK marking
- 50AUK(NI) indication
- 50BRegister of notified bodies established in the United Kingdom
- Part 4: Notification of conformity assessment bodies Approval of Conformity Assessment Bodies
- 51Approved bodies
- 52Approval of conformity assessment bodies
- 53Presumption of conformity of approved bodies
- 54Monitoring
- 55Restriction, suspension or withdrawal of approval
- 56Operational matters in relation to approved bodies
- 57Subsidiaries and contractors
- 58Register of approved bodies
- 59UK national accreditation body
- Part 5: Market surveillance and enforcement
- 60Designation of market surveillance authority
- 61Enforcement
- 62Enforcement powers
- 63Exercise of enforcement powers
- 64Evaluation of lifts or safety components for lifts presenting a risk
- 65Enforcement action in respect of lifts and safety components for lifts which are not in conformity and which present a risk
- 66EU safeguard procedure
- 67Enforcement action in respect of lifts and safety components for lifts which are in conformity, but present a risk
- 68Enforcement action in respect of formal non-compliance
- 69Restrictive measures
- 70Offences
- 71Penalties
- 72Defence of due diligence
- 73Liability of persons other than principal offender
- 74Time limit for prosecution of offences
- 75Service of documents
- 76Recovery of expenses of enforcement
- 77Action by enforcing authority
- 78Appeals against notices
- 79Appropriate court for appeals against notices
- 80Compensation
- Part 6: Miscellaneous
- 81Review
- 82Transitional provisions
- 83Consequential revocations, savings and amendments
- Signature
- Schedule 1: Essential Health and Safety Requirements
- 1Preliminary remarks
- 2General
- 3Risks for persons outside the car
- 4Risks for persons in the car
- 5Other risks
- 6Marking
- 7Instructions
- Schedule 2: Excluded lifts
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 3: List of safety components referred to in Article 1(1) of the Directive
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4: Notified Approved body requirements
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Schedule 5: EU declaration of conformity
- Part 1: EU declaration of conformity for lifts
- 1Paragraph 1
- Part 2: EU declaration of conformity for safety components for lifts
- 2Paragraph 2
- Schedule 6: Operational obligations of notified approved bodies
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 7: Enforcement powers of the Secretary of State and the Department under the 1987 Act
- 1Enforcement powers under the 1987 Act
- 2Modifications to the 1987 Act
- Schedule 8: Enforcement powers of the Health and Safety Executive under the 1974 Act
- 1Enforcement powers under the 1974 Act
- 2Modifications to the 1974 Act
- Schedule 9: Enforcement powers of the Department under the 1978 Order
- 1Enforcement powers under the 1978 Order
- 2Modifications to the 1978 Order
- Schedule 10: Compliance, withdrawal and recall notices
- 1Compliance notice
- 2Withdrawal notice
- 3Recall notice
- 4Interpretation
- Schedule 11: TYPE EXAMINATION FOR LIFTS AND SAFETY COMPONENTS FOR LIFTS (Annex IV to the Directive)
- Part MODULE B
- 1A. Type examination of safety components for lifts
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 1B. Type examination of lifts
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 12: FINAL INSPECTION FOR LIFTS (Annex V to the Directive)
- 1Paragraph 1
- 2Obligations of the installer
- 3Final inspection
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 4Paragraph 4
- 5UK marking and declaration of conformity Repealed
- 5.1Paragraph 5.1
- 5.2Paragraph 5.2
- 6Authorised representative
- Schedule 13: CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE FOR SAFETY COMPONENTS FOR LIFTS (Annex VI to the Directive)
- Part MODULE E
- 1Paragraph 1
- 2Obligations of the manufacturer
- 3Quality system Repealed
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 3.4Paragraph 3.4
- 3.5Paragraph 3.5
- 4Surveillance under the responsibility of the approved body Repealed
- 4.1Paragraph 4.1
- 4.2Paragraph 4.2
- 4.3Paragraph 4.3
- 4.4Paragraph 4.4
- 5UK marking and Declaration of conformity Repealed
- 5.1Paragraph 5.1
- 5.2Paragraph 5.2
- 6Paragraph 6
- 7Paragraph 7
- 8Authorised representative
- Schedule 14: CONFORMITY BASED ON FULL QUALITY ASSURANCE FOR SAFETY COMPONENTS FOR LIFTS (Annex VII to the Directive)
- Part MODULE H
- 1Paragraph 1
- 2Obligations of the manufacturer
- 3Quality system Repealed
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 3.4Paragraph 3.4
- 3.5Paragraph 3.5
- 4Surveillance under the responsibility of the approved body Repealed
- 4.1Paragraph 4.1
- 4.2Paragraph 4.2
- 4.3Paragraph 4.3
- 4.4Paragraph 4.4
- 5UK marking and Declaration of conformity Repealed
- 5.1Paragraph 5.1
- 5.2Paragraph 5.2
- 6Paragraph 6
- 7Paragraph 7
- 8Authorised representative
- Schedule 15: CONFORMITY BASED ON UNIT VERIFICATION FOR LIFTS (Annex VIII to the Directive)
- Part MODULE G
- 1Paragraph 1
- 2Obligations of the installer Repealed
- 2.1Paragraph 2.1
- 2.2Paragraph 2.2
- 3Paragraph 3
- 4Verification
- 5UK marking and Declaration of conformity Repealed
- 5.1Paragraph 5.1
- 5.2Paragraph 5.2
- 6Paragraph 6
- 7Authorised representative
- Schedule 16: CONFORMITY TO TYPE WITH RANDOM CHECKING FOR SAFETY COMPONENTS FOR LIFTS (Annex IX to the Directive)
- Part MODULE C2
- 1Paragraph 1
- 2Manufacturing
- 3Paragraph 3
- 4Paragraph 4
- 5UK marking and Declaration of conformity Repealed
- 5.1Paragraph 5.1
- 5.2Paragraph 5.2
- 6Authorised representative
- Schedule 17: CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE FOR LIFTS (Annex X to the Directive)
- Part MODULE E
- 1Paragraph 1
- 2Obligations of the installer
- 3Quality system Repealed
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 3.4Paragraph 3.4
- 3.4.1Paragraph 3.4.1
- 3.4.2Paragraph 3.4.2
- 4Surveillance under the responsibility of the approved body Repealed
- 4.1Paragraph 4.1
- 4.2Paragraph 4.2
- 4.3Paragraph 4.3
- 4.4Paragraph 4.4
- 5Paragraph 5
- 6Paragraph 6
- 7UK marking and declaration of conformity Repealed
- 7.1Paragraph 7.1
- 7.2Paragraph 7.2
- 8Authorised representative
- Schedule 18: CONFORMITY BASED ON FULL QUALITY ASSURANCE PLUS DESIGN EXAMINATION FOR LIFTS (Annex XI to the Directive)
- Part MODULE H1
- 1Paragraph 1
- 2Obligations of the installer
- 3Quality system Repealed
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 3.3.1Paragraph 3.3.1
- 3.3.2Paragraph 3.3.2
- 3.3.3Paragraph 3.3.3
- 3.3.4Paragraph 3.3.4
- 3.3.5Paragraph 3.3.5
- 3.4Paragraph 3.4
- 3.5Paragraph 3.5
- 4Surveillance under the responsibility of the approved body Repealed
- 4.1Paragraph 4.1
- 4.2Paragraph 4.2
- 4.3Paragraph 4.3
- 4.4Paragraph 4.4
- 5Paragraph 5
- 6Paragraph 6
- 7UK marking and Declaration of conformity Repealed
- 7.1Paragraph 7.1
- 7.2Paragraph 7.2
- 8Authorised representative
- Schedule 19: CONFORMITY TO TYPE BASED ON PRODUCTION QUALITY ASSURANCE FOR LIFTS (Annex XII to the Directive)
- Part MODULE D
- 1Paragraph 1
- 2Obligations of the installer
- 3Quality system Repealed
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 3.4Paragraph 3.4
- 3.4.1Paragraph 3.4.1
- 3.4.2Paragraph 3.4.2
- 4Surveillance under the responsibility of the approved body Repealed
- 4.1Paragraph 4.1
- 4.2Paragraph 4.2
- 4.3Paragraph 4.3
- 4.4Paragraph 4.4
- 5Paragraph 5
- 6Paragraph 6
- 7UK marking and Declaration of conformity Repealed
- 7.1Paragraph 7.1
- 7.2Paragraph 7.2
- 8Authorised representative
- Explanatory note