OpenLegislation

The Lifts Regulations 2016

S.I. 2016/1093 · 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 27 February 2025.

See the changes not yet applied

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

S.I. 1996/1912.

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

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Scope and application
  6. 4Exception for trade fairs, exhibitions or demonstrations
  7. 5Lifts where risks are wholly or partly covered by other enactments
  8. Part 2: Obligations of economic operators
  9. Chapter: Installers
  10. 6Design, manufacture, installation and testing in accordance with essential health and safety requirements
  11. 7Technical documentation and conformity assessment
  12. 8Declaration of conformity and UK marking
  13. 9Retention of technical documentation and ... declaration of conformity
  14. 10Labelling and instructions
  15. 11Monitoring of lifts placed on the market
  16. 12Duty to take action in respect of lifts placed on the market which are considered not to be in conformity
  17. 13Provision of information and cooperation
  18. 14Specific duties relating to buildings or constructions in which lifts are installed
  19. Chapter: Manufacturers
  20. 15Design and manufacture in accordance with essential health and safety requirements
  21. 16Technical documentation and conformity assessment
  22. 17Declaration of conformity and UK marking
  23. 18Retention of technical documentation and ... declaration of conformity
  24. 19Labelling and instructions
  25. 20Compliance procedures for series production
  26. 21Monitoring of safety components for lifts made available on the market
  27. 22Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity
  28. 23Provision of information and cooperation
  29. Chapter: Authorised representatives
  30. 24Appointment of authorised representatives
  31. Chapter: Importers
  32. 25Prohibition on placing on the market a safety component for lifts which is not in conformity with the essential health and safety requirements
  33. 26Requirements which must be satisfied before an importer places a safety component for lifts on the market
  34. 27Prohibition on placing on the market safety components for lifts considered not to be in conformity with the essential health and safety requirements
  35. 28Information identifying importer
  36. 29Instructions
  37. 30Storage and transport
  38. 31Monitoring of safety components for lifts made available on the market
  39. 32Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity
  40. 33Retention of technical documentation and ...declaration of conformity
  41. 34Provision of information and cooperation
  42. 35Cases in which obligations of manufacturers apply to importers
  43. Chapter: Distributors
  44. 36Duty to act with due care
  45. 37Requirements which must be satisfied before a distributor makes a safety component for lifts available on the market
  46. 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
  47. 39Storage and transport
  48. 40Duty to take action in respect of safety components for lifts made available on the market which are not in conformity with Part 2
  49. 41Provision of information and cooperation
  50. 42Cases in which obligations of manufacturers apply to distributors
  51. Chapter: All economic operators
  52. 43Translation of declaration of conformity
  53. 44Identification of economic operators
  54. 45Prohibition on improper use of UK marking
  55. 45AObligations which are met by complying with obligations in the Directive
  56. 45BConformity assessment procedure obligation which is met by complying with the Directive
  57. 45CFurther use of the UK marking
  58. 45DQualifying Northern Ireland Goods
  59. Part 3: Conformity assessment
  60. 46Presumption of conformity
  61. 47Conformity assessment procedures for lifts
  62. 48Conformity assessment procedures for safety components for lifts
  63. 49Declaration of conformity
  64. 50UK marking
  65. 50AUK(NI) indication
  66. 50BRegister of notified bodies established in the United Kingdom
  67. Part 4: Notification of conformity assessment bodies Approval of Conformity Assessment Bodies
  68. 51Approved bodies
  69. 52Approval of conformity assessment bodies
  70. 53Presumption of conformity of approved bodies
  71. 54Monitoring
  72. 55Restriction, suspension or withdrawal of approval
  73. 56Operational matters in relation to approved bodies
  74. 57Subsidiaries and contractors
  75. 58Register of approved bodies
  76. 59UK national accreditation body
  77. Part 5: Market surveillance and enforcement
  78. 60Designation of market surveillance authority
  79. 61Enforcement
  80. 62Enforcement powers
  81. 63Exercise of enforcement powers
  82. 64Evaluation of lifts or safety components for lifts presenting a risk
  83. 65Enforcement action in respect of lifts and safety components for lifts which are not in conformity and which present a risk
  84. 66EU safeguard procedure
  85. 67Enforcement action in respect of lifts and safety components for lifts which are in conformity, but present a risk
  86. 68Enforcement action in respect of formal non-compliance
  87. 69Restrictive measures
  88. 70Offences
  89. 71Penalties
  90. 72Defence of due diligence
  91. 73Liability of persons other than principal offender
  92. 74Time limit for prosecution of offences
  93. 75Service of documents
  94. 76Recovery of expenses of enforcement
  95. 77Action by enforcing authority
  96. 78Appeals against notices
  97. 79Appropriate court for appeals against notices
  98. 80Compensation
  99. Part 6: Miscellaneous
  100. 81Review
  101. 82Transitional provisions
  102. 83Consequential revocations, savings and amendments
  103. Signature
  104. Schedule 1: Essential Health and Safety Requirements
  105. 1Preliminary remarks
  106. 2General
  107. 3Risks for persons outside the car
  108. 4Risks for persons in the car
  109. 5Other risks
  110. 6Marking
  111. 7Instructions
  112. Schedule 2: Excluded lifts
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. 3Paragraph 3
  116. 4Paragraph 4
  117. 5Paragraph 5
  118. 6Paragraph 6
  119. 7Paragraph 7
  120. 8Paragraph 8
  121. 9Paragraph 9
  122. 10Paragraph 10
  123. 11Paragraph 11
  124. Schedule 3: List of safety components referred to in Article 1(1) of the Directive
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. 6Paragraph 6
  131. Schedule 4: Notified Approved body requirements
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. 4Paragraph 4
  136. 5Paragraph 5
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. 8Paragraph 8
  140. 9Paragraph 9
  141. 10Paragraph 10
  142. 11Paragraph 11
  143. 12Paragraph 12
  144. 13Paragraph 13
  145. 14Paragraph 14
  146. 15Paragraph 15
  147. 16Paragraph 16
  148. 17Paragraph 17
  149. Schedule 5: EU declaration of conformity
  150. Part 1: EU declaration of conformity for lifts
  151. 1Paragraph 1
  152. Part 2: EU declaration of conformity for safety components for lifts
  153. 2Paragraph 2
  154. Schedule 6: Operational obligations of notified approved bodies
  155. 1Paragraph 1
  156. 2Paragraph 2
  157. 3Paragraph 3
  158. 4Paragraph 4
  159. 5Paragraph 5
  160. 6Paragraph 6
  161. 7Paragraph 7
  162. 8Paragraph 8
  163. 9Paragraph 9
  164. 10Paragraph 10
  165. 11Paragraph 11
  166. 12Paragraph 12
  167. 13Paragraph 13
  168. Schedule 7: Enforcement powers of the Secretary of State and the Department under the 1987 Act
  169. 1Enforcement powers under the 1987 Act
  170. 2Modifications to the 1987 Act
  171. Schedule 8: Enforcement powers of the Health and Safety Executive under the 1974 Act
  172. 1Enforcement powers under the 1974 Act
  173. 2Modifications to the 1974 Act
  174. Schedule 9: Enforcement powers of the Department under the 1978 Order
  175. 1Enforcement powers under the 1978 Order
  176. 2Modifications to the 1978 Order
  177. Schedule 10: Compliance, withdrawal and recall notices
  178. 1Compliance notice
  179. 2Withdrawal notice
  180. 3Recall notice
  181. 4Interpretation
  182. Schedule 11: TYPE EXAMINATION FOR LIFTS AND SAFETY COMPONENTS FOR LIFTS (Annex IV to the Directive)
  183. Part MODULE B
  184. 1A. Type examination of safety components for lifts
  185. 2Paragraph 2
  186. 3Paragraph 3
  187. 4Paragraph 4
  188. 5Paragraph 5
  189. 6Paragraph 6
  190. 7Paragraph 7
  191. 8Paragraph 8
  192. 9Paragraph 9
  193. 10Paragraph 10
  194. 11Paragraph 11
  195. 1B. Type examination of lifts
  196. 2Paragraph 2
  197. 3Paragraph 3
  198. 4Paragraph 4
  199. 5Paragraph 5
  200. 6Paragraph 6
  201. 7Paragraph 7
  202. 8Paragraph 8
  203. 9Paragraph 9
  204. 10Paragraph 10
  205. 11Paragraph 11
  206. 12Paragraph 12
  207. Schedule 12: FINAL INSPECTION FOR LIFTS (Annex V to the Directive)
  208. 1Paragraph 1
  209. 2Obligations of the installer
  210. 3Final inspection
  211. 3.1Paragraph 3.1
  212. 3.2Paragraph 3.2
  213. 3.3Paragraph 3.3
  214. 4Paragraph 4
  215. 5UK marking and declaration of conformity Repealed
  216. 5.1Paragraph 5.1
  217. 5.2Paragraph 5.2
  218. 6Authorised representative
  219. Schedule 13: CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE FOR SAFETY COMPONENTS FOR LIFTS (Annex VI to the Directive)
  220. Part MODULE E
  221. 1Paragraph 1
  222. 2Obligations of the manufacturer
  223. 3Quality system Repealed
  224. 3.1Paragraph 3.1
  225. 3.2Paragraph 3.2
  226. 3.3Paragraph 3.3
  227. 3.4Paragraph 3.4
  228. 3.5Paragraph 3.5
  229. 4Surveillance under the responsibility of the approved body Repealed
  230. 4.1Paragraph 4.1
  231. 4.2Paragraph 4.2
  232. 4.3Paragraph 4.3
  233. 4.4Paragraph 4.4
  234. 5UK marking and Declaration of conformity Repealed
  235. 5.1Paragraph 5.1
  236. 5.2Paragraph 5.2
  237. 6Paragraph 6
  238. 7Paragraph 7
  239. 8Authorised representative
  240. Schedule 14: CONFORMITY BASED ON FULL QUALITY ASSURANCE FOR SAFETY COMPONENTS FOR LIFTS (Annex VII to the Directive)
  241. Part MODULE H
  242. 1Paragraph 1
  243. 2Obligations of the manufacturer
  244. 3Quality system Repealed
  245. 3.1Paragraph 3.1
  246. 3.2Paragraph 3.2
  247. 3.3Paragraph 3.3
  248. 3.4Paragraph 3.4
  249. 3.5Paragraph 3.5
  250. 4Surveillance under the responsibility of the approved body Repealed
  251. 4.1Paragraph 4.1
  252. 4.2Paragraph 4.2
  253. 4.3Paragraph 4.3
  254. 4.4Paragraph 4.4
  255. 5UK marking and Declaration of conformity Repealed
  256. 5.1Paragraph 5.1
  257. 5.2Paragraph 5.2
  258. 6Paragraph 6
  259. 7Paragraph 7
  260. 8Authorised representative
  261. Schedule 15: CONFORMITY BASED ON UNIT VERIFICATION FOR LIFTS (Annex VIII to the Directive)
  262. Part MODULE G
  263. 1Paragraph 1
  264. 2Obligations of the installer Repealed
  265. 2.1Paragraph 2.1
  266. 2.2Paragraph 2.2
  267. 3Paragraph 3
  268. 4Verification
  269. 5UK marking and Declaration of conformity Repealed
  270. 5.1Paragraph 5.1
  271. 5.2Paragraph 5.2
  272. 6Paragraph 6
  273. 7Authorised representative
  274. Schedule 16: CONFORMITY TO TYPE WITH RANDOM CHECKING FOR SAFETY COMPONENTS FOR LIFTS (Annex IX to the Directive)
  275. Part MODULE C2
  276. 1Paragraph 1
  277. 2Manufacturing
  278. 3Paragraph 3
  279. 4Paragraph 4
  280. 5UK marking and Declaration of conformity Repealed
  281. 5.1Paragraph 5.1
  282. 5.2Paragraph 5.2
  283. 6Authorised representative
  284. Schedule 17: CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE FOR LIFTS (Annex X to the Directive)
  285. Part MODULE E
  286. 1Paragraph 1
  287. 2Obligations of the installer
  288. 3Quality system Repealed
  289. 3.1Paragraph 3.1
  290. 3.2Paragraph 3.2
  291. 3.3Paragraph 3.3
  292. 3.4Paragraph 3.4
  293. 3.4.1Paragraph 3.4.1
  294. 3.4.2Paragraph 3.4.2
  295. 4Surveillance under the responsibility of the approved body Repealed
  296. 4.1Paragraph 4.1
  297. 4.2Paragraph 4.2
  298. 4.3Paragraph 4.3
  299. 4.4Paragraph 4.4
  300. 5Paragraph 5
  301. 6Paragraph 6
  302. 7UK marking and declaration of conformity Repealed
  303. 7.1Paragraph 7.1
  304. 7.2Paragraph 7.2
  305. 8Authorised representative
  306. Schedule 18: CONFORMITY BASED ON FULL QUALITY ASSURANCE PLUS DESIGN EXAMINATION FOR LIFTS (Annex XI to the Directive)
  307. Part MODULE H1
  308. 1Paragraph 1
  309. 2Obligations of the installer
  310. 3Quality system Repealed
  311. 3.1Paragraph 3.1
  312. 3.2Paragraph 3.2
  313. 3.3Paragraph 3.3
  314. 3.3.1Paragraph 3.3.1
  315. 3.3.2Paragraph 3.3.2
  316. 3.3.3Paragraph 3.3.3
  317. 3.3.4Paragraph 3.3.4
  318. 3.3.5Paragraph 3.3.5
  319. 3.4Paragraph 3.4
  320. 3.5Paragraph 3.5
  321. 4Surveillance under the responsibility of the approved body Repealed
  322. 4.1Paragraph 4.1
  323. 4.2Paragraph 4.2
  324. 4.3Paragraph 4.3
  325. 4.4Paragraph 4.4
  326. 5Paragraph 5
  327. 6Paragraph 6
  328. 7UK marking and Declaration of conformity Repealed
  329. 7.1Paragraph 7.1
  330. 7.2Paragraph 7.2
  331. 8Authorised representative
  332. Schedule 19: CONFORMITY TO TYPE BASED ON PRODUCTION QUALITY ASSURANCE FOR LIFTS (Annex XII to the Directive)
  333. Part MODULE D
  334. 1Paragraph 1
  335. 2Obligations of the installer
  336. 3Quality system Repealed
  337. 3.1Paragraph 3.1
  338. 3.2Paragraph 3.2
  339. 3.3Paragraph 3.3
  340. 3.4Paragraph 3.4
  341. 3.4.1Paragraph 3.4.1
  342. 3.4.2Paragraph 3.4.2
  343. 4Surveillance under the responsibility of the approved body Repealed
  344. 4.1Paragraph 4.1
  345. 4.2Paragraph 4.2
  346. 4.3Paragraph 4.3
  347. 4.4Paragraph 4.4
  348. 5Paragraph 5
  349. 6Paragraph 6
  350. 7UK marking and Declaration of conformity Repealed
  351. 7.1Paragraph 7.1
  352. 7.2Paragraph 7.2
  353. 8Authorised representative
  354. Explanatory note