OpenLegislation

The Recreational Craft Regulations 2017

S.I. 2017/737 · Made 11 July 2017 · 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 1 October 2024.

See the changes not yet applied
ProvisionChangeMade by
Sch. 11 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. 10(a)
Sch. 11 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. 10(b)

Consumer Protection

Made 11th July 2017

Laid before Parliament 12th July 2017

Coming into force 3rd August 2017

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in respect of measures relating to craft intended for recreational purposes.

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.C1

The Secretary of State, in exercise of the powers conferred by section 2(2) of and paragraph 1A of Schedule 2f3 to the European Communities Act 1972, makes the following Regulations.

Annotations to the whole text

Modifications

C1

Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 10

Footnotes

f1

S.I. 1995/2983.

f2

1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

f3

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

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Scope
  6. 4Exclusions
  7. 5Exhibition at trade fairs
  8. Part 2: PLACING PRODUCTS ON THE MARKET
  9. 6Essential requirements
  10. 7Making available and putting into service
  11. Chapter MANUFACTURERS
  12. 8Duty to ensure products comply with the essential requirements
  13. 9Technical documentation and conformity assessment
  14. 10Declaration of conformity and UK marking
  15. 11Duty of manufacturers to retain technical documentation and EU declaration of conformity
  16. 12Compliance procedures for series production
  17. 13Duty of manufacturers to ensure products are labelled
  18. 14Duty to provide information
  19. 15Instructions and safety information
  20. 16Duty to take action in respect of product placed on the market which is considered not to be in conformity
  21. 17Provision of information and co-operation
  22. Chapter IMPORTERS
  23. 18Prohibition on placing products on the market
  24. 19Requirements that must be satisfied before an importer places a product on the market
  25. 20Duty not to place a product on the market where an importer suspects that it is not in conformity
  26. 21Duty of importer to ensure products are labelled
  27. 22Instructions and safety information
  28. 23Storage and transport
  29. 24Duty to take action in respect of product placed on the market which is considered not to be in conformity
  30. 25Duty of importers to retain technical documentation and EU declaration of conformity
  31. 26Provision of information and co-operation
  32. Chapter DISTRIBUTORS
  33. 27Duty to act with due care
  34. 28Making available on the market
  35. 29Duty not to make a product available on the market where a distributor suspects that it is not in conformity
  36. 30Storage and transport
  37. 31Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity
  38. 32Provision of information and co-operation
  39. Chapter IMPORTERS AND DISTRIBUTORS
  40. 33Cases in which the obligations of manufacturers apply to importers and distributors
  41. Chapter MANUFACTURERS AND IMPORTERS
  42. 34Monitoring
  43. 35Translation of EU declaration of conformity
  44. Chapter PRIVATE IMPORTERS AND ECONOMIC OPERATORS
  45. 36Private importers
  46. 37Identification of economic operators
  47. 38Obligations on private importers to identify economic operators
  48. Chapter AUTHORISED REPRESENTATIVES
  49. 39Authorised representatives
  50. Chapter MISCELLANEOUS
  51. 40Prohibition on improper use of UK marking
  52. 40AObligations that are met by complying with obligations in the Directive
  53. 40BConformity assessment procedure obligation which is met by complying with the Directive
  54. 40CFurther use of UK marking
  55. 40DQualifying Northern Ireland Goods
  56. Part 3: CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES
  57. 41Presumption of conformity
  58. 42Applicable conformity assessment procedures
  59. 43Duty to carry out the post construction assessment
  60. 44Design and construction
  61. 45Exhaust emissions
  62. 46Noise emissions: recreational craft
  63. 47Noise emissions: personal watercraft
  64. 48Requirements of the post-construction assessment
  65. Chapter SUPPLEMENTARY REQUIREMENTS FOR CERTAIN CONFORMITY
  66. 49Conformity assessments carried out under Module B (EU-type examination)
  67. 50Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)
  68. 51Conformity assessments carried out under Module F (conformity to type based on product verification)
  69. 52Conformity assessments carried out under Module C (conformity to type based on internal production control)
  70. 53Declaration of conformity
  71. 54UK marking
  72. 54AUK(NI) indication
  73. 54BRegister of notified bodies established in the United Kingdom
  74. Part 4: NOTIFICATION OF CONFORMITY ASSESSMENT BODIESAPPROVAL OF CONFORMITY ASSESSMENT BODIES
  75. 55Approved bodies
  76. 56Approval of conformity assessment bodies
  77. 57Presumption of conformity of approved bodies
  78. 58Monitoring of approved bodies
  79. 59Restriction, suspension or withdrawal of approval
  80. 60Notice of proposed restriction, suspension or withdrawal of approval
  81. 61Operational requirements of approved bodies
  82. 62Subsidiaries and contractors
  83. 63Register of approved bodies
  84. 64Authorisation of UK national accreditation body
  85. Part 5: MARKET SURVEILLANCE AND ENFORCEMENT
  86. 65Designation of market surveillance authorities
  87. 66Enforcement
  88. 67Enforcement powers
  89. 68Evaluation of a product presenting a risk
  90. 69Enforcement action in respect of products that are not in conformity and which present a risk
  91. 70EU Safeguard procedure
  92. 71Enforcement action in respect of formal non-compliance
  93. 72Restrictive measures
  94. 73Offences
  95. 74Penalties
  96. 74APenalty in relation to the UK(NI) indication
  97. 75Defence of due diligence
  98. 76Liability of persons other than the principal offender
  99. 77Service of documents
  100. 78Recovery of expenses of enforcement
  101. 79Action by enforcing authority
  102. 80Appeals against notices
  103. 81Appropriate court for appeals against notices
  104. 82Time limit for commencement of proceedings
  105. 83Compensation
  106. Part 5A: POWERS OF THE SECRETARY OF STATE
  107. 83APower to amend Schedules
  108. 83BPower to make provision for application of conformity assessments and of Schedule 1
  109. Part 6: MISCELLANEOUS
  110. 84Amendment to the Consumer Rights Act 2015
  111. 85Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
  112. 86Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  113. 87Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  114. 88Review
  115. 89Transitional provisions
  116. 89ATransitional provisions in relation to EU Exit
  117. 90Revocations and savings
  118. Signature
  119. Schedule 1(Annex I of the Directive)
  120. Schedule 2(Annex II of the Directive)
  121. Schedule 3(Annex III of the Directive)
  122. Schedule 4(Annex IV of the Directive)
  123. Schedule 5(Annex V of the Directive)
  124. Schedule 6(Annex VI of the Directive)
  125. Schedule 7(Annex VII of the Directive)
  126. Schedule 8(Annex VIII of the Directive)
  127. Schedule 9(Annex IX of the Directive)
  128. Schedule 10: EU-type examination Repealed
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. Schedule 11: Requirements of notified bodiesRequirements of approved bodies
  134. 1Paragraph 1
  135. 2Paragraph 2
  136. 3Paragraph 3
  137. 4Paragraph 4
  138. 5Paragraph 5
  139. 6Paragraph 6
  140. 7Paragraph 7
  141. 8Paragraph 8
  142. 9Paragraph 9
  143. 10Paragraph 10
  144. 11Paragraph 11
  145. 12Paragraph 12
  146. Schedule 12: Operational requirements of notified bodies Operational requirements of approved bodies
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. 4Paragraph 4
  151. 5Paragraph 5
  152. 6Paragraph 6
  153. 7Paragraph 7
  154. 8Paragraph 8
  155. 9Paragraph 9
  156. 10Paragraph 10
  157. Schedule 13: Enforcement and investigatory powers conferred on the market surveillance authority
  158. 1Enforcement powers under the 1987 Act
  159. 2Modifications to the 1987 Act
  160. Schedule 14: Compliance notices, withdrawal notices and recall notices
  161. 1Compliance notice
  162. 2Paragraph 2
  163. 3Paragraph 3
  164. 4Paragraph 4
  165. 5Paragraph 5
  166. 6Withdrawal notice
  167. 7Paragraph 7
  168. 8Paragraph 8
  169. 9Paragraph 9
  170. 10Paragraph 10
  171. 11Paragraph 11
  172. 12Paragraph 12
  173. 13Recall notice
  174. 14Paragraph 14
  175. 15Paragraph 15
  176. 16Paragraph 16
  177. 17Paragraph 17
  178. 18Paragraph 18
  179. 19Paragraph 19
  180. 20Paragraph 20
  181. 21Paragraph 21
  182. 22Paragraph 22
  183. 23Paragraph 23
  184. 24Paragraph 24
  185. 25Interpretation
  186. Schedule 15: Conformity assessment procedures
  187. Part MODULE A: Internal production control
  188. 1Internal production control
  189. 2Technical documentation
  190. 3Manufacturing
  191. 4UK marking and declaration of conformity
  192. Part MODULE A1: Internal production control plus supervised product testing
  193. 1Internal production control plus supervised product testing
  194. 2Technical documentation
  195. 3Manufacturing
  196. 4Product checks
  197. 5UK marking and declaration of conformity
  198. Part MODULE B: Type examination
  199. 1Type examination
  200. 2How type examination must be carried out, etc.
  201. 3Application for type examination
  202. 4Examination, etc. by approved body
  203. 5Evaluation report
  204. 6Type examination certificate
  205. 7Changes
  206. 8Approved body's duties in respect of type examination certificates
  207. 9Manufacturer's duties in respect of type examination certificates
  208. Part MODULE C: Conformity to type based on internal production control
  209. 1Conformity to type based on internal production control
  210. 2Manufacturing
  211. 3UK marking and declaration of conformity
  212. Part MODULE C1: Conformity to type based on internal production control plus supervised product testing
  213. 1Conformity to type based on internal production control plus supervised product testing
  214. 2Manufacturing
  215. 3Product checks
  216. 4UK marking and declaration of conformity
  217. Part MODULE D: Conformity to type based on quality assurance of the production process
  218. 1Conformity to type based on quality assurance of the production process
  219. 2Manufacturing
  220. 3Quality system
  221. 4Surveillance under the responsibility of the approved body
  222. 5UK marking and declaration of conformity
  223. 6Manufacturer's duty to keep application, etc.
  224. 7Approved body's duties in respect of quality system approvals
  225. Part MODULE E: Conformity to type based on product quality assurance
  226. 1Conformity to type based on product quality assurance
  227. 2Manufacturing
  228. 3Quality system
  229. 4Surveillance under the responsibility of the approved body
  230. 5UK marking and declaration of conformity
  231. 6Manufacturer's duty to keep application, etc.
  232. 7Approved body's duties in respect of quality system approvals
  233. Part MODULE F: Conformity to type based on product verification
  234. 1Conformity to type based on product verification
  235. 2Manufacturing
  236. 3Verification
  237. 4Verification of conformity by examination and testing of every product
  238. 5Statistical verification of conformity
  239. 6UK marking and declaration of conformity
  240. 7Affixing of approved body's identification number during manufacturing process
  241. 8Authorised representative
  242. Part MODULE G: Conformity based on unit verification
  243. 1Conformity based on unit verification
  244. 2Technical documentation
  245. 3Manufacturing
  246. 4Verification
  247. 5UK marking and declaration of conformity
  248. Part MODULE H: Conformity based on full quality assurance
  249. 1Conformity based on full quality assurance
  250. 2Manufacturing
  251. 3Quality system
  252. 4Surveillance under the responsibility of the approved body
  253. 5UK marking and declaration of conformity
  254. 6Manufacturer's duty to keep application, etc.
  255. 7Approved body's duties in respect of quality system approvals
  256. Explanatory note