The Supply of Machinery (Safety) Regulations 1992
S.I. 1992/3073 · Made 30 November 1992
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
- 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
- Part I: PRELIMINARY
- 1Citation, commencement and revocation
- 2Interpretation
- Part II: APPLICATION
- 3Relevant machinery
- 4Definition of “machinery”
- General exclusions
- 5Excluded machinery
- 6Machinery for export to a third country
- Transitional exclusions
- 7Machinery first supplied or put into service before 1st January 1993
- 8Exclusion until 31st December 1994 of machinery which complies with health and safety provisions in force in a member State on 31st December 1992
- Exclusion of machinery covered by other Directives
- 9Exclusion of specific machinery
- 10Machinery where risks are wholly covered by other Directives
- Part III: GENERAL REQUIREMENTS
- 11General duty
- 12Requirements for supply of relevant machinery
- Conformity assessment procedures
- 13Relevant machinery other than Schedule 4 machinery
- 14Schedule 4 machinery manufactured in accordance with transposed harmonised standards
- 15Schedule 4 machinery not manufactured in accordance with transposed harmonised standards
- 16Modifications to relevant machinery
- 17Approved bodies
- 18United Kingdom approved bodies
- 19Fees
- 20Certificate of adequacy
- 21EC type-examination
- Declaration and marking procedures
- 22EC declaration of conformity
- 23Declaration of incorporation
- 24Retention of documentation
- 25The EC mark
- Supplementary provisions
- 26Conditions for relevant machinery being taken to comply with the relevant essential health and safety requirements
- 27Judicial review of decisions of approved bodies
- Part IV: ENFORCEMENT
- 28Application of Schedule 6
- 29Offences
- 30Penalties
- 31Defence of due diligence
- 32Liability of persons other than the principal offender
- 33Consequential disapplication of United Kingdom law
- 34Relevant machinery which is electrical equipment
- Signature
- Schedule 1REVOCATION OF REGULATIONS
- Schedule 2THE EC MARK (Annex III of the Machinery Directive)
- Schedule 3: ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF MACHINERY
- Part (Annex I of the Machinery Directive)
- 1PRELIMINARY OBSERVATIONS
- 2PRELIMINARY OBSERVATIONS
- 3PRELIMINARY OBSERVATIONS
- 4PRELIMINARY OBSERVATIONS
- 5PRELIMINARY OBSERVATIONS
- Schedule 4: MACHINERY POSING SPECIAL HAZARDS
- Part (Annex IV of the Machinery Directive)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 5EXCLUDED MACHINERY
- Schedule 6: ENFORCEMENT
- 1Enforcement in Great Britain in relation to relevant machinery for use at work
- 2Enforcement in Northern Ireland in relation to relevant machinery for use at work
- 3Enforcement in relation to relevant machinery as goods for private use or consumption
- 4Forfeiture: England and Wales and Northern Ireland
- 5Forfeiture: Scotland
- 6Duty of enforcement authority to inform Secretary of State of action taken
- 7Savings
- 8Savings
- 9Interpretation
- Schedule 7: MINING DISAPPLICATIONS
- IMADE UNDER THE MINES AND QUARRIES ACT 1954
- II(MADE UNDER THE MINES AND QUARRIES ACT 1954 AND THE HEALTH AND SAFETY AT WORK ETC. ACT 1974)
- III(MADE UNDER THE HEALTH AND SAFETY AT WORK ETC. ACT 1974)
- Explanatory note