Paragraph 5 Specific amendments

In regulation 2(2)—

(a)

after the definition of “business” there shall be inserted the definition—

““CE marking” means a mark consisting of the symbol “CE” set out in the form shown in Schedule 2A hereto:

Provided that in respect of an item of machinery first supplied in the European Economic Area before 1st January 1997, a responsible person may, for the purposes of regulation 12(1)(d) below but without prejudice to the requirements as to proper affixation in regulation 25(1) below, elect to affix a mark in the form shown in Schedule 2 hereto, followed by the last two figures of the year in which it is affixed;”;

(b)

the definition of “EC mark” shall be omitted;

(c)

after the definition of “relevant machinery” there shall be inserted the definition—

“;“relevant safety component” shall be construed in accordance with regulation 3(3) below;”;

(d)

in the definition of the word “safe”—

(i)

after the words “relevant machinery” in the first place where they occur there shall be inserted the words “or a relevant safety component” and in the second place where they occur there shall be inserted the words “or the relevant safety component”;

(ii)

after the words “the machinery” there shall be inserted the words “or the safety component”; and

(iii)

after the words “no risk (apart from one reduced to a minimum)” there shall be inserted the words “of its endangering the health of or”;

(e)

after the definition of “safe” there shall be inserted the definition—

““safety component” means a component, provided that it is not interchangeable equipment, which is supplied separately to fulfil a safety function when in use and the failure or malfunctioning of which endangers the safety or health of exposed persons;”; and

(f)

for the definition of “Schedule 4 machinery” there shall be substituted—

““Schedule 4 machinery” means—

(a)

machinery which is specified in Annex IV of the Machinery Directive and listed under the heading of “A. Machinery” in Schedule 4 hereto; or

(b)

safety components which are specified in Annex IV of the Machinery Directive and listed under the heading of “B. Safety Components” in Schedule 4 hereto;”.