OpenLegislation

The Lifts Regulations 2016 in Scotland

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
ProvisionChangeMade by
Sch. 4 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. 5(a)
Sch. 4 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. 5(b)

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