# The Supply of Machinery (Safety) Regulations 2008, Regulation 13: UK -marked machinery to be taken to comply with Regulations

Extent: E+W+S

(1) Unless there is evidence to the contrary—
(a) an enforcement authority;
(b) the Secretary of State (where the Secretary of State is not an enforcement authority); and
(c) any court or tribunal of competent jurisdiction which is called upon to decide a matter which involves the application of these Regulations,
shall presume that machinery which bears the UK marking and is accompanied by a declaration of conformity which complies with Annex II (Part 2 of Schedule 2), part 1, section A complies with these Regulations.
(1A) For the purposes of paragraph (1) machinery bears the UK marking if, in accordance with regulation 7(2A), the UK marking is affixed to —
(a) a label affixed to the machinery; or
(b) a document accompanying the machinery.
(2) The failure or refusal by a responsible person, in response to a duly reasoned request from an enforcement authority, to make the technical file or a copy of it available in accordance with Annex VII (Part 7 of Schedule 2), part A, point 2 shall be reasonable grounds for the authority—
(a) to doubt the conformity of machinery with the essential health and safety requirements, in accordance with Annex VII, part A, point 3; or
(b) to doubt the conformity of partly completed machinery with the essential health and safety requirements, in accordance with Annex VII, part B, last paragraph,
and it may make such use of its powers under Schedule 5 as is appropriate in the light of such doubts.

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Source: https://www.legislation.gov.uk/uksi/2008/1597/regulation/13 (the official version)
Page: https://openlegislation.uk/supply-of-machinery-safety-regulations-2008/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.