Paragraph 12 Specific amendments

For regulation 11 there shall be substituted—

“11

(1)

Subject to paragraph (4) below, no person who is a responsible person for the purposes of these Regulations shall supply relevant machinery or a relevant safety component unless the requirements of regulation 12 below are complied with in relation thereto.

(2)

Subject to paragraph (4) below, it shall be the duty of any person who supplies relevant machinery or a relevant safety component, but who is not a person to whom paragraph (1) above applies, to ensure that that relevant machinery or relevant safety component is safe.

(3)

Where a person—

(a)

being the manufacturer of relevant machinery or a relevant safety component, himself puts that relevant machinery or relevant safety component into service in the course of a business; or

(b)

having imported relevant machinery or a relevant safety component from a country or territory outside the European Economic Area, himself puts that relevant machinery or relevant safety component into service in the course of a business,

for the purposes of these Regulations that person shall be deemed to have supplied that relevant machinery or relevant safety component to himself.

(4)

The requirements of this regulation do not apply in relation to supply of relevant machinery or a relevant safety component which has previously been put into service in the Community or, on or after 1st January 1994, the European Economic Area.”.