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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

S.R. 2017/90 · Made 15 June 2017 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 10 August 2023.

Health And Safety

Made 15th June 2017

Coming into operation 10th July 2017

The Department for the Economy M1 makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M2 of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) M3.

The Department is designated M4 for the purposes of section 2(2) of the 1972 Act in relation to measures relating to equipment and protective systems intended for use in potentially explosive atmospheres.

The Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department 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.

Annotations to the whole text

Marginal citations

M1

Formerly the Department of Enterprise, Trade and Investment; see 2016 c. 5, section 1(3); that Department was formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3

M2

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7)

M3

1972 c. 68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51). Section 2(2) was further amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7)

M4

S.I. 1995/751

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Scope
  5. 4Exceptions for trade fairs, exhibitions and demonstrations
  6. Part 2: OBLIGATIONS OF ECONOMIC OPERATORS
  7. Chapter 1: MANUFACTURERS
  8. 5Design and manufacture in accordance with essential health and safety requirements
  9. 6Technical documentation and conformity assessment
  10. 7EU declaration of conformity and CE marking
  11. 8Retention of technical documentation and EU declaration of conformity
  12. 9Compliance procedures for series production
  13. 10Monitoring
  14. 11Labelling and packaging of products
  15. 12Labelling and packaging of products, other than components
  16. 13Information identifying manufacturer
  17. 14Instructions and safety information
  18. 15Duty to take action in respect of a product placed on the market which is considered not to be in conformity
  19. 16Provision of information and cooperation
  20. 17Authorised representatives
  21. Chapter 2: IMPORTERS
  22. 18Prohibition on placing on the market products which are not in conformity
  23. 19Requirements which shall be satisfied before an importer places a product on the market
  24. 20Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
  25. 21Information identifying importer
  26. 22Instructions and safety information
  27. 23Storage and transport
  28. 24Monitoring
  29. 25Duty to take action in respect of a product placed on the market which is considered not to be in conformity
  30. 26Provision of information and cooperation
  31. 27Retention of technical documentation and EU declaration of conformity
  32. Chapter 3: DISTRIBUTORS
  33. 28Duty to act with due care
  34. 29Requirements which shall be satisfied before a distributor makes a product available on the market
  35. 30Storage and transport
  36. 31Prohibition on making available on the market where product not considered to be in conformity with safety objectives
  37. 32Duty to take action in respect of products made available on the market which are not in conformity
  38. 33Provision of information and cooperation
  39. Chapter 4: IMPORTERS AND DISTRIBUTORS
  40. 34Cases in which obligations of manufacturers apply to importers and distributors
  41. Chapter 5: ALL ECONOMIC OPERATORS
  42. 35Identification of economic operators
  43. 36Prohibition on improper use of CE marking
  44. 37Translation of declaration of conformity
  45. Part 3: CONFORMITY ASSESSMENT
  46. 38Presumption of conformity
  47. 39Conformity assessment procedures
  48. 40EU declaration of conformity
  49. 41CE marking
  50. 41AUK(NI) indication
  51. 41BRegister of notified bodies established in the United Kingdom
  52. Part 4: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES
  53. 42Notified bodies
  54. 43Presumption of conformity of notified bodies
  55. 44Notification
  56. 45Contents of notification
  57. 46Monitoring
  58. 47United Kingdom Accreditation Service
  59. 48Changes to notifications
  60. 49Operational obligations of notified bodies
  61. 50Subsidiaries and contractors
  62. Part 5: MARKET SURVEILLANCE AND ENFORCEMENT
  63. 51Designation of market surveillance authority
  64. 52Enforcement
  65. 53Enforcement powers
  66. 54Exercise of enforcement powers
  67. 55Evaluation of a product presenting a risk
  68. 56Enforcement action in respect of products which are not in conformity and which present a risk
  69. 57EU safeguard procedure
  70. 58Enforcement action in respect of products which are in conformity, but present a risk
  71. 59Enforcement action in respect of formal non-compliance
  72. 60Restrictive measures
  73. 61Offences
  74. 62Penalties
  75. 63Defence of due diligence
  76. 64Liability of persons other than principal offender
  77. 65Time limit for prosecution of offences
  78. 66Service of documents
  79. 67Recovery of expenses of enforcement
  80. 68Action by the Executive
  81. 69Appeals against notices
  82. 70Appropriate court for appeals against notices
  83. Part 6: MISCELLANEOUS
  84. 71Transitional provisions
  85. 71ATransitional provision in relation to notification of conformity assessment bodies
  86. 72Consequential amendments, revocations and savings
  87. Signature
  88. Schedule 1: ESSENTIAL HEALTH AND SAFETY REQUIREMENTS
  89. Part: ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES (Annex II to the ATEX Directive)
  90. 1Preliminary observations
  91. Part: COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS
  92. Chapter: General requirements
  93. 2Principles of integrated explosion safety
  94. 3Special checking and maintenance conditions
  95. 4Surrounding area conditions
  96. 5Marking
  97. 6Instructions
  98. 7Selection of materials
  99. 8Design and construction
  100. 9Enclosed structures and prevention of leaks
  101. 10Dust deposits
  102. 11Additional means of protection
  103. 12Safe opening
  104. 13Protection against other hazards
  105. 14Overloading of equipment
  106. 15Flameproof enclosure systems
  107. Part: POTENTIAL IGNITION SOURCES
  108. 16Hazards arising from different ignition sources
  109. 17Hazards arising from static electricity
  110. 18Hazards arising from stray electric and leakage currents
  111. 19Hazards arising from overheating
  112. 20Hazards arising from pressure compensation operations
  113. 21Hazards arising from external effects
  114. 22Requirements in respect of safety-related devices
  115. 23Control and display units
  116. 24Requirements in respect of devices with a measuring function for explosion protection
  117. 25Risks arising from software
  118. 26Integration of safety requirements relating to the system
  119. 27Hazards arising from power failure
  120. 28Hazards arising from connections
  121. 29Placing of warning devices as parts of equipment
  122. Part: SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT
  123. Chapter: Requirements applicable to equipment in equipment-group I
  124. 30Requirements applicable to equipment in category M 1 of equipment-group I
  125. 31Requirements applicable to equipment in category M 2 of equipment-group I
  126. Chapter: Requirements applicable to equipment in category 1 of equipment-group II
  127. 32Explosive atmospheres caused by gases, vapours or mists
  128. 33Explosive atmospheres caused by air and dust mixtures
  129. Chapter: Requirements applicable to equipment in category 2 of equipment-group II
  130. 34Explosive atmospheres caused by gases, vapours or mists
  131. 35Explosive atmospheres caused by air and dust mixtures
  132. Chapter: Requirements applicable to equipment in category 3 of equipment-group II
  133. 36Explosive atmospheres caused by gases, vapours or mists
  134. 37Explosive atmospheres caused by air and dust mixtures
  135. Chapter: Supplementary requirements in respect of protective systems
  136. 38General requirements
  137. Chapter: Planning and design
  138. 39Characteristics of materials
  139. 40Pressure-relief systems
  140. 41Explosion suppression systems
  141. 42Explosion decoupling systems
  142. 43Paragraph 43
  143. Schedule 2: NOTIFIED BODY REQUIREMENTS
  144. 1Paragraph 1
  145. 2Paragraph 2
  146. 3Paragraph 3
  147. 4Paragraph 4
  148. 5Paragraph 5
  149. 6Paragraph 6
  150. 7Paragraph 7
  151. 8Paragraph 8
  152. 9Paragraph 9
  153. 10Paragraph 10
  154. 11Paragraph 11
  155. 12Paragraph 12
  156. 13Paragraph 13
  157. 14Paragraph 14
  158. 15Paragraph 15
  159. 16Paragraph 16
  160. 17Paragraph 17
  161. 18Paragraph 18
  162. Schedule 3: OPERATIONAL OBLIGATIONS OF NOTIFIED BODIES
  163. 1Paragraph 1
  164. 2Paragraph 2
  165. 3Paragraph 3
  166. 4Paragraph 4
  167. 5Paragraph 5
  168. 6Paragraph 6
  169. 7Paragraph 7
  170. 8Paragraph 8
  171. 9Paragraph 9
  172. 10Paragraph 10
  173. 11Paragraph 11
  174. 12Paragraph 12
  175. 13Paragraph 13
  176. 14Paragraph 14
  177. Schedule 4: ENFORCEMENT POWERS OF THE HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELAND UNDER THE 1978 ORDER
  178. 1Enforcement powers under the 1978 Order
  179. 2Modifications to the 1978 Order
  180. Schedule 5: COMPLIANCE, WITHDRAWAL AND RECALL NOTICES
  181. 1Compliance notice
  182. 2Withdrawal notice
  183. 3Recall notice
  184. 4Interpretation
  185. Schedule 6: EU DECLARATION OF CONFORMITY (No. XXXX)
  186. 1Paragraph 1
  187. 2Paragraph 2
  188. 3Paragraph 3
  189. 4Paragraph 4
  190. 5Paragraph 5
  191. 6Paragraph 6
  192. 7Paragraph 7
  193. 8Paragraph 8
  194. Schedule 7AMENDMENTS
  195. Schedule 8REVOCATIONS
  196. Explanatory note