OpenLegislation

Regulation 12 Annex IV machinery not manufactured fully in accordance with designated standards or not fully covered by such standardsF4E1

England, Wales and Scotland

(1)

This regulation applies to machinery—

(a)

which falls within a category which is referred to in Annex IV (Part 4 of Schedule 2); and

(b)

in respect of which any of the following conditions is satisfied—

(i)

that the machinery is not manufactured in accordance with the F1designated standards which relate to it; or

(ii)

that the machinery is only partly manufactured in accordance with the designated standards which relate to it; or

(iii)

that the designated standards in accordance with which the machinery is manufactured do not cover all the applicable essential health and safety requirements; or

(iv)

that no F2designated standards exist for the machinery.

(2)

Where this regulation applies, the responsible person shall follow one of the following conformity assessment procedures—

(a)

the F3Type- examination procedure prescribed in Annex IX (Part 9 of Schedule 2) and the internal checks on the manufacture of machinery prescribed in Annex VIII (Part 8 of Schedule 2), point 3; or

(b)

the full quality assurance procedure prescribed in Annex X (Part 10 of Schedule 2).

Annotations

Textual amendments

F1

Word in reg. 12(1)(b)(i)-(iii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 8(a) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in reg. 12(1)(b)(iv) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 8(b) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in reg. 12(2)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 8(c) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in reg. 12 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 8(a) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only