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Regulation 3 Scope and ExclusionsF1I1

United Kingdom

(1)

Subject to paragraphs (4) and (5), these Regulations shall apply to all apparatus.

(2)

Where apparatus incorporates, as an integral part or as an accessory—

(a)

a medical device; or

(b)

an active implantable medical device,

F2the apparatus shall be governed by these Regulations without prejudice to the application of Council Directive 93/42/EEC of 14 June 1993f1; or Council Directive 90/385/EEC of 20 June 1990f2; or the Medical Devices Regulations 1994f3; or the Active Implantable Medical Devices Regulations 1992f4.

(3)

Where apparatus constitutes a component or a separate technical unit of a vehicle, F3the apparatus shall be governed by these Regulations without prejudice to the application of Council Directive 72/245/EEC of 20 June 1972f5; or Council Directive 92/61/EEC of 30 June 1992f6; or the Motor Vehicles (Type Approval) Regulations 1980f7; or the Motorcycle (EC Type Approval) Regulations 1995f8.

(4)

These Regulations shall not apply to apparatus exclusively used for the purposes of public security, defence, State security (including the economic well-being of the State) or the activities of the State in the area of criminal law.

(5)

These Regulations shall not apply to equipment listed in Schedule 1.

Annotations

Textual amendments

F1

Regulations revoked (with savings) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 78(1) (with regs. 3-5, 77, 78(2)); and Regulations (as saved) modified (E.W.S.) (31.12.2020) by S.I. 2017/1206, reg. 78(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 45(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1))

F2

Words in reg. 3(2) substituted (25.7.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1, 2(4)

F3

Words in reg. 3(3) substituted (25.7.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1, 2(4)

Commencement

I1

Reg. 3 in force at 8.4.2000, see reg. 1(1)

Footnotes

f1

OJL No. 169, 12.7.1993, p 1.

f2

OJL No. 189, 20.7.1990, p 17.

f3

S.I. 1994/3017.

f4

S.I. 1992/3146.

f5

OJL No. 152, 6.7.1972, p 15 as last amended by Commission Directive 95/54/EC (OJL 266.8.11.1995, p 1).

f6

OJL No. 225, 10.8.1992, p 72.

f7

S.I. 1980/1182.

f8

S.I. 1995/1513.