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
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
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Scope
- 4Exceptions for trade fairs, exhibitions and demonstrations
- Part 2: OBLIGATIONS OF ECONOMIC OPERATORS
- Chapter 1: MANUFACTURERS
- 5Design and manufacture in accordance with essential health and safety requirements
- 6Technical documentation and conformity assessment
- 7EU declaration of conformity and CE marking
- 8Retention of technical documentation and EU declaration of conformity
- 9Compliance procedures for series production
- 10Monitoring
- 11Labelling and packaging of products
- 12Labelling and packaging of products, other than components
- 13Information identifying manufacturer
- 14Instructions and safety information
- 15Duty to take action in respect of a product placed on the market which is considered not to be in conformity
- 16Provision of information and cooperation
- 17Authorised representatives
- Chapter 2: IMPORTERS
- 18Prohibition on placing on the market products which are not in conformity
- 19Requirements which shall be satisfied before an importer places a product on the market
- 20Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
- 21Information identifying importer
- 22Instructions and safety information
- 23Storage and transport
- 24Monitoring
- 25Duty to take action in respect of a product placed on the market which is considered not to be in conformity
- 26Provision of information and cooperation
- 27Retention of technical documentation and EU declaration of conformity
- Chapter 3: DISTRIBUTORS
- 28Duty to act with due care
- 29Requirements which shall be satisfied before a distributor makes a product available on the market
- 30Storage and transport
- 31Prohibition on making available on the market where product not considered to be in conformity with safety objectives
- 32Duty to take action in respect of products made available on the market which are not in conformity
- 33Provision of information and cooperation
- Chapter 4: IMPORTERS AND DISTRIBUTORS
- 34Cases in which obligations of manufacturers apply to importers and distributors
- Chapter 5: ALL ECONOMIC OPERATORS
- 35Identification of economic operators
- 36Prohibition on improper use of CE marking
- 37Translation of declaration of conformity
- Part 3: CONFORMITY ASSESSMENT
- 38Presumption of conformity
- 39Conformity assessment procedures
- 40EU declaration of conformity
- 41CE marking
- 41AUK(NI) indication
- 41BRegister of notified bodies established in the United Kingdom
- Part 4: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES
- 42Notified bodies
- 43Presumption of conformity of notified bodies
- 44Notification
- 45Contents of notification
- 46Monitoring
- 47United Kingdom Accreditation Service
- 48Changes to notifications
- 49Operational obligations of notified bodies
- 50Subsidiaries and contractors
- Part 5: MARKET SURVEILLANCE AND ENFORCEMENT
- 51Designation of market surveillance authority
- 52Enforcement
- 53Enforcement powers
- 54Exercise of enforcement powers
- 55Evaluation of a product presenting a risk
- 56Enforcement action in respect of products which are not in conformity and which present a risk
- 57EU safeguard procedure
- 58Enforcement action in respect of products which are in conformity, but present a risk
- 59Enforcement action in respect of formal non-compliance
- 60Restrictive measures
- 61Offences
- 62Penalties
- 63Defence of due diligence
- 64Liability of persons other than principal offender
- 65Time limit for prosecution of offences
- 66Service of documents
- 67Recovery of expenses of enforcement
- 68Action by the Executive
- 69Appeals against notices
- 70Appropriate court for appeals against notices
- Part 6: MISCELLANEOUS
- 71Transitional provisions
- 71ATransitional provision in relation to notification of conformity assessment bodies
- 72Consequential amendments, revocations and savings
- Signature
- Schedule 1: ESSENTIAL HEALTH AND SAFETY REQUIREMENTS
- 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)
- 1Preliminary observations
- Part: COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS
- Chapter: General requirements
- 2Principles of integrated explosion safety
- 3Special checking and maintenance conditions
- 4Surrounding area conditions
- 5Marking
- 6Instructions
- 7Selection of materials
- 8Design and construction
- 9Enclosed structures and prevention of leaks
- 10Dust deposits
- 11Additional means of protection
- 12Safe opening
- 13Protection against other hazards
- 14Overloading of equipment
- 15Flameproof enclosure systems
- Part: POTENTIAL IGNITION SOURCES
- 16Hazards arising from different ignition sources
- 17Hazards arising from static electricity
- 18Hazards arising from stray electric and leakage currents
- 19Hazards arising from overheating
- 20Hazards arising from pressure compensation operations
- 21Hazards arising from external effects
- 22Requirements in respect of safety-related devices
- 23Control and display units
- 24Requirements in respect of devices with a measuring function for explosion protection
- 25Risks arising from software
- 26Integration of safety requirements relating to the system
- 27Hazards arising from power failure
- 28Hazards arising from connections
- 29Placing of warning devices as parts of equipment
- Part: SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT
- Chapter: Requirements applicable to equipment in equipment-group I
- 30Requirements applicable to equipment in category M 1 of equipment-group I
- 31Requirements applicable to equipment in category M 2 of equipment-group I
- Chapter: Requirements applicable to equipment in category 1 of equipment-group II
- 32Explosive atmospheres caused by gases, vapours or mists
- 33Explosive atmospheres caused by air and dust mixtures
- Chapter: Requirements applicable to equipment in category 2 of equipment-group II
- 34Explosive atmospheres caused by gases, vapours or mists
- 35Explosive atmospheres caused by air and dust mixtures
- Chapter: Requirements applicable to equipment in category 3 of equipment-group II
- 36Explosive atmospheres caused by gases, vapours or mists
- 37Explosive atmospheres caused by air and dust mixtures
- Chapter: Supplementary requirements in respect of protective systems
- 38General requirements
- Chapter: Planning and design
- 39Characteristics of materials
- 40Pressure-relief systems
- 41Explosion suppression systems
- 42Explosion decoupling systems
- 43Paragraph 43
- Schedule 2: NOTIFIED 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
- 18Paragraph 18
- Schedule 3: OPERATIONAL OBLIGATIONS OF NOTIFIED 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
- 14Paragraph 14
- Schedule 4: ENFORCEMENT POWERS OF THE HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELAND UNDER THE 1978 ORDER
- 1Enforcement powers under the 1978 Order
- 2Modifications to the 1978 Order
- Schedule 5: COMPLIANCE, WITHDRAWAL AND RECALL NOTICES
- 1Compliance notice
- 2Withdrawal notice
- 3Recall notice
- 4Interpretation
- Schedule 6: EU DECLARATION OF CONFORMITY (No. XXXX)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 7AMENDMENTS
- Schedule 8REVOCATIONS
- Explanatory note