OpenLegislation

The Supply of Machinery (Safety) Regulations 1992

S.I. 1992/3073 · Made 30 November 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HEALTH AND SAFETY

Made 30th November 1992

Laid before Parliament 9th December 1992

Coming into force 1st January 1993

The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to the design and construction of, and to the placing on the market and putting into service of, machinery, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1992/707.

f2

1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, with section 32(7) and (9) of the Magistrates' Courts Act 1980 (c. 43), S.I. 1984/447 and section 17(2) of the Criminal Justice Act 1991 (c. 53), as regards Scotland, with section 289B(4) and (6) of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c. 45) and amended by section 55(2) of the Criminal Justice Act 1982 (c. 48), S.I. 1984/526 and the said section 17(2) of the Criminal Justice Act 1991 and as regards Northern Ireland, with S.I. 1984/703 (N.I. 3) and S.R. (N.I.) 1984 No. 253.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation, commencement and revocation
  3. 2Interpretation
  4. Part II: APPLICATION
  5. 3Relevant machinery
  6. 4Definition of “machinery”
  7. General exclusions
  8. 5Excluded machinery
  9. 6Machinery for export to a third country
  10. Transitional exclusions
  11. 7Machinery first supplied or put into service before 1st January 1993
  12. 8Exclusion until 31st December 1994 of machinery which complies with health and safety provisions in force in a member State on 31st December 1992
  13. Exclusion of machinery covered by other Directives
  14. 9Exclusion of specific machinery
  15. 10Machinery where risks are wholly covered by other Directives
  16. Part III: GENERAL REQUIREMENTS
  17. 11General duty
  18. 12Requirements for supply of relevant machinery
  19. Conformity assessment procedures
  20. 13Relevant machinery other than Schedule 4 machinery
  21. 14Schedule 4 machinery manufactured in accordance with transposed harmonised standards
  22. 15Schedule 4 machinery not manufactured in accordance with transposed harmonised standards
  23. 16Modifications to relevant machinery
  24. 17Approved bodies
  25. 18United Kingdom approved bodies
  26. 19Fees
  27. 20Certificate of adequacy
  28. 21EC type-examination
  29. Declaration and marking procedures
  30. 22EC declaration of conformity
  31. 23Declaration of incorporation
  32. 24Retention of documentation
  33. 25The EC mark
  34. Supplementary provisions
  35. 26Conditions for relevant machinery being taken to comply with the relevant essential health and safety requirements
  36. 27Judicial review of decisions of approved bodies
  37. Part IV: ENFORCEMENT
  38. 28Application of Schedule 6
  39. 29Offences
  40. 30Penalties
  41. 31Defence of due diligence
  42. 32Liability of persons other than the principal offender
  43. 33Consequential disapplication of United Kingdom law
  44. 34Relevant machinery which is electrical equipment
  45. Signature
  46. Schedule 1REVOCATION OF REGULATIONS
  47. Schedule 2THE EC MARK (Annex III of the Machinery Directive)
  48. Schedule 3: ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF MACHINERY
  49. Part (Annex I of the Machinery Directive)
  50. 1PRELIMINARY OBSERVATIONS
  51. 2PRELIMINARY OBSERVATIONS
  52. 3PRELIMINARY OBSERVATIONS
  53. 4PRELIMINARY OBSERVATIONS
  54. 5PRELIMINARY OBSERVATIONS
  55. Schedule 4: MACHINERY POSING SPECIAL HAZARDS
  56. Part (Annex IV of the Machinery Directive)
  57. 1Paragraph 1
  58. 2Paragraph 2
  59. 3Paragraph 3
  60. 4Paragraph 4
  61. 5Paragraph 5
  62. 6Paragraph 6
  63. 7Paragraph 7
  64. 8Paragraph 8
  65. 9Paragraph 9
  66. 10Paragraph 10
  67. 11Paragraph 11
  68. 12Paragraph 12
  69. 13Paragraph 13
  70. 14Paragraph 14
  71. 15Paragraph 15
  72. Schedule 5EXCLUDED MACHINERY
  73. Schedule 6: ENFORCEMENT
  74. 1Enforcement in Great Britain in relation to relevant machinery for use at work
  75. 2Enforcement in Northern Ireland in relation to relevant machinery for use at work
  76. 3Enforcement in relation to relevant machinery as goods for private use or consumption
  77. 4Forfeiture: England and Wales and Northern Ireland
  78. 5Forfeiture: Scotland
  79. 6Duty of enforcement authority to inform Secretary of State of action taken
  80. 7Savings
  81. 8Savings
  82. 9Interpretation
  83. Schedule 7: MINING DISAPPLICATIONS
  84. IMADE UNDER THE MINES AND QUARRIES ACT 1954
  85. II(MADE UNDER THE MINES AND QUARRIES ACT 1954 AND THE HEALTH AND SAFETY AT WORK ETC. ACT 1974)
  86. III(MADE UNDER THE HEALTH AND SAFETY AT WORK ETC. ACT 1974)
  87. Explanatory note