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The Recreational Craft Regulations 2017 in England

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