Regulation 7 Supply of machinery: general obligations and prohibitionE1

England, Wales and Scotland

(1)

No responsible person shall place machinery on the market or put it into service unless it is safe.

(2)

Before machinery is placed on the market or put into service, the responsible person must—

(a)

ensure that the applicable essential health and safety requirements are satisfied in respect of it;

(b)

ensure that the technical file is compiled and made available in accordance with the requirements of Annex VII (Part 7 of Schedule 2), part A;

(c)

provide, in particular, the information necessary to operate it safely, such as instructions;

(d)

follow, as appropriate—

(i)

the conformity assessment procedure prescribed by regulation 10;

(ii)

one of the conformity assessment procedures prescribed by regulation 11; or

(iii)

one of the conformity assessment procedures prescribed by regulation 12;

(e)

draw up the F1... declaration of conformity in accordance with the requirements of Annex II (Part 2 of Schedule 2), section A, part 1, and ensure that—

(i)

a copy of it accompanies the machinery; and

(ii)

the original is retained in accordance with the requirements of Annex II, part 2, first paragraph; and

(f)

affix the F2UK marking to the machinery F3or where paragraph (2A) applies, or on a label affixed to, or document accompanying, the machinery —

(i)

visibly, legibly and indelibly; and

(ii)

as prescribed in Annex III (Part 3 of Schedule 2).

F4(2A)

For a period of F5seven years beginning with IP completion day, the UK marking may be affixed to—

(a)

a label affixed to the machinery; or

(b)

a document accompanying the machinery.

(3)

In order to comply with the requirements of paragraphs (1) and (2), a responsible person must carry out, or procure the carrying out of, all the necessary research and tests on components, fittings or the completed machinery to determine whether, by its design and construction, it is capable of being assembled and put into service safely.

(4)

For the purposes of paragraph (2)(a), machinery which is manufactured in conformity with a F6designated standard, F7... shall be presumed to comply with the essential health and safety requirements covered by that standard.

(5)

Where—

(a)

the conformity assessment procedure specified in regulations 11(2)(b) and 12(2)(a) has been followed; and

(b)

a type-examination certificate has been issued,

in respect of machinery, the manufacturer must comply with the ongoing obligations of manufacturers prescribed in Annex IX (Part 9 of Schedule 2), point 9, in respect of that machinery.

(6)

Where—

(a)

the conformity assessment procedure specified in regulations 11(2)(c) and 12(2)(b) has been followed; and

(b)

a quality system has been approved,

in respect of machinery, the manufacturer must comply with the ongoing obligations of manufacturers prescribed in Annex X (Part 10 of Schedule 2) in respect of that machinery.

Annotations

Textual amendments

F1: Word in reg. 7(2)(e) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 6(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in reg. 7(2)(f) 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. 6(b)(i) (as substituted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 7(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in reg. 7(2)(f) inserted (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. 6(b)(ii) (as substituted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 7(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Reg. 7(2A) inserted (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. 6(ba) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 7(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in reg. 7(2A) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (c)
F6: Word in reg. 7(4) 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. 6(c)(i) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in reg. 7(4) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 6(c)(ii) (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