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Regulation 26 Conditions for relevant machinery being taken to comply with the relevant essential health and safety requirements

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2) below, relevant machinery which is accompanied by an EC declaration of conformity and to which the EC mark is affixed shall be taken to comply with the relevant essential health and safety requirements, unless there are reasonable grounds for suspecting that it does not so comply.

(2)

Paragraph (1) above does not apply—

(a)

in relation to an enforcement authority where the responsible person fails or refuses to make available to the enforcement authority the technical file or a copy thereof pursuant to regulation 24(1) above; or

(b)

in the case of relevant machinery—

(i)

which is resupplied in the circumstances described in regulation 11(3) above; and

(ii)

to which the EC mark is indelibly affixed.