Regulation 2 InterpretationE1

In these Regulations—

• the “1974 Act” means the Health and Safety at Work etc. Act 1974 M1;

• the “1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M2;

• the “1987 Act” means the Consumer Protection Act 1987 M3;

• the “1997 Regulations” means the Lifts Regulations 1997 M4;

• F1...

• F2...

• F3“approved body” has the meaning given to it in regulation 51 (approved bodies);

• “authorised representative” means a person established in the F4United Kingdom appointed in accordance with regulation 24(1);

• “carrier” means the part of a lift by which persons or goods are supported in order to be lifted or lowered;

• F5...

• F6...

• “conformity assessment” means the process demonstrating whether the essential health and safety requirements relating to a lift or a safety component for lifts have been fulfilled;

• “conformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection;

• F7“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with—

  1. (a)

     in relation to lifts, regulation 8(1)(a) (declaration of conformity and UK marking: installer); and

  2. (b)

     in relation to safety components for lifts, regulation 17(1)(a) (declaration of conformity and UK marking: manufacturer);

• the “Department” means the Department for the Economy in Northern Ireland;

• F8“designated standard” has the meaning given to it in regulation 2A;

• the “Directive” means Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the member States relating to lifts and safety components for lifts (recast) M5 F9...;

• “distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a safety component for lifts available on the market;

• “economic operator” means an installer, manufacturer, authorised representative, importer or distributor;

• “enforcing authority” means any person enforcing these Regulations under regulation 61 (enforcement);

• “essential health and safety requirements” means the requirements set out in Schedule 1 (essential health and safety requirements);

• F10...

• F11...

• F12...

• F13“importer” means a person who—

  1. (a)

     is established in the United Kingdom and places a safety component for lifts from a country outside of the United Kingdom on the market; or

  2. (b)

     is established in Northern Ireland and places a safety component for lifts on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

• “installer” means a person who takes responsibility for the design, manufacture, installation and placing on the market of a lift;

• “lift” means a lifting appliance—

  1. (a)

     serving specific levels,

  2. (b)

     having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, or along a fixed course even where it does not move along rigid guides, and,

  3. (c)

     intended for the transport of—

     1. (i)

        persons,

     2. (ii)

        persons and goods, or

     3. (iii)

        goods alone, if the carrier is accessible, that is to say a person may enter it without difficulty, and fitted with controls situated inside the carrier or within reach of a person inside the carrier;

• “make available on the market” means the supply of a safety component for lifts for distribution, consumption or use on the F14market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

• “manufacturer” means a person who—

  1. (a)

     manufactures a safety component for lifts, or has such a safety component designed or manufactured; and

  2. (b)

     markets that safety component under that person's name or trade mark;

• “market surveillance authority” has the meaning set out in regulation 60 (designation of market surveillance authority);

• “model lift” means a representative lift whose technical documentation shows the way in which the essential health and safety requirements will be met for lifts that conform to the model lift defined by objective parameters and which uses identical safety components for lifts;

• F15...

• F16...

• F17...

• “place on the market” means—

  1. (a)

     make a safety component for lifts available on the F18market of Great Britain for the first time; or

  2. (b)

     supply a lift for use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge,

  and related expressions must be construed accordingly;

• “RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 M6;

• “recall” means—

  1. (a)

     in relation to a lift, any measure aimed at achieving the dismantling and safe disposal of a lift; and

  2. (b)

     in relation to a safety component for lifts, any measure aimed at achieving the return of a safety component for lifts that has already been made available to the installer or to the end-user,

  and related expressions must be construed accordingly;

• F19“relevant conformity assessment procedure” means—

  1. (a)

     in relation to lifts, a conformity assessment procedure referred to in regulation 47 (conformity assessment procedures for lifts); and

  2. (b)

     in relation to safety components for lifts, a conformity assessment procedure referred to in regulation 48 (conformity assessment procedures for safety components for lifts);

• “relevant economic operator” means, in relation to a lift or a safety component for lifts, an economic operator who has obligations in respect of that lift or safety component under Part 2;

• “safety component for lifts” means a component for lifts listed in Schedule 3 F20...;

• “technical documentation” has the meaning set out—

  1. (a)

     in relation to lifts, in regulation 7(b) (technical documentation and conformity assessment); or

  2. (b)

     in relation to safety components for lifts, regulation 16(b) (technical documentation and conformity assessment);

• “technical specification” means a document that prescribes technical requirements to be fulfilled by a lift or a safety component for lifts;

• F21“UK marking” means the marking in the form set out in Annex 2 of RAMS;

• “UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

• “withdraw” means taking any measure aimed at preventing a safety component for lifts in the supply chain from being made available on the market and related expressions must be construed accordingly.

Schedules 11 to 19 reproduce the provisions of Annexes IV to XII to the Directive (respectively) with amendments to correct deficiencies in F23assimilated law.

A reference to any provision of Schedules 11 to 19 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.

In these Regulations, a reference to a lift or a safety component for lifts being “in conformity with Part 2” means that—

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In these Regulations, “risk” means a risk to the health and safety of persons and, where appropriate, to the safety of property, except in—

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