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The Supply of Machinery (Safety) Regulations 2008

S.I. 2008/1597 · Made 19 June 2008 · Extends to United Kingdom

Not fully up to date. 28 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2024.

See the changes not yet applied
ProvisionChangeMade by
reg. 1AinsertedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(2)
reg. 2(1A)insertedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(3)(a)
Sch. 5 para. 9omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(iii)
reg. 2words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(3)(b)(i)
reg. 2words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(3)(b)(ii)(aa)
reg. 2words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(3)(b)(ii)(bb)
reg. 2words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(3)(b)(ii)(cc)
reg. 2words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(3)(b)(iii)
reg. 12AsubstitutedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(4)
reg. 12BsubstitutedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(5)
reg. 12CsubstitutedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(6)
reg. 21(2)(b)omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(a)
Sch. 5 para. 1words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(i)
Sch. 5 para. 2words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(i)
Sch. 5 para. 3words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(i)
Sch. 5 para. 13words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(ii)
Sch. 5 para. 4omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(iii)
Sch. 5 para. 5omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(iii)
Sch. 5 para. 10omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(iii)
Sch. 5 para. 11words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(iv)
Sch. 5 para. 12words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(iv)
Sch. 5 para. 14(5)words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(ix)
Sch. 5 para. 12(c)words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(v)
Sch. 5 para. 13(b)omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(vi)
Sch. 5 para. 14(1)words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(vii)
Sch. 5 para. 14(5)(b)omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(viii)
Sch. 5 para. 17words omittedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 2(7)(b)(x)
RegulationsrevokedSupply of Machinery (Safety) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) 2026 reg. 15(1)

Health And Safety

Made 19th June 2008

Laid before Parliament 23rd June 2008

Coming into force 29th December 2009

M1M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to machinery, including component parts of machines, components or equipment to be attached to or used with machines, and sub-assemblies to be incorporated into or assembled with machines, and in relation to measures relating to lifts and the safety components for use in lifts.

The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.C1

Annotations to the whole text

Marginal citations

M1

S.I. 2007/1679 (machinery etc) and S.I. 1996/1912 (lifts etc).

M2

1972 c.68.

Modifications

C1

Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 2

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement and revocation
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Placing on the market and putting into service; supplies outside Great Britain and showing at trade fairs not covered
  6. Part 2: Application
  7. 4Products to which Regulations apply; definition of “machinery”
  8. 5Disapplication where more specific ... safety rules apply
  9. 6Partly completed machinery
  10. Part 3: General prohibitions and obligations
  11. 7Supply of machinery: general obligations and prohibition
  12. 8Supply of partly completed machinery: general obligations and prohibition
  13. 9Putting machinery into service Repealed
  14. Chapter: Conformity assessment procedures
  15. 10Machinery not referred to in Annex IV
  16. 11Annex IV machinery manufactured fully in accordance with designated standards and fully covered by such standards
  17. 12Annex IV machinery not manufactured fully in accordance with designated standards or not fully covered by such standards
  18. 12AObligations which are met by complying with obligations in the Directive
  19. 12BFurther use of UK marking
  20. 12CQualifying Northern Ireland Goods
  21. Part 4: CE Marking UK Marking
  22. 13UK -marked machinery to be taken to comply with Regulations
  23. 14Machinery covered by more than one enactment
  24. 15Protection of UK marking
  25. Part 5: Notified bodies Approved Bodies
  26. 16Designation and monitoring of UK notified bodies Repealed
  27. 16AApproved bodies
  28. 16BApproved body designation
  29. 16CMonitoring
  30. 17Duration, variation and termination of designations
  31. 18Functions of approved bodies
  32. 19Fees
  33. 19ARegister of approved bodies
  34. Part 6: Enforcement
  35. 20General duties and powers of enforcement authorities
  36. 21Non-compliance with UK marking requirements
  37. 22Offences and penalties
  38. 23Defence of due diligence
  39. 24Liability of persons other than the principal offender
  40. Part 7: Miscellaneous
  41. 25Amendment of the Lifts Regulations 1997
  42. 26Other amendments
  43. 27Consequential disapplication of domestic health and safety law
  44. 28Time-limited derogation for impact machinery
  45. 29Review
  46. 30Transitional provisions in relation to EU Exit
  47. 31Regulation 31
  48. Signature
  49. Schedule 1REGULATIONS REVOKED
  50. Schedule 2: ANNEXES TO THE DIRECTIVE
  51. Part 1: Annex I: Essential health and safety requirements relating to the design and construction of machinery
  52. GENERAL PRINCIPLES
  53. 1. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS
  54. 2. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY
  55. 3. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS DUE TO THE MOBILITY OF MACHINERY
  56. 4. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS DUE TO LIFTING OPERATIONS
  57. 5. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY INTENDED FOR UNDERGROUND WORK
  58. 6. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY PRESENTING PARTICULAR HAZARDS DUE TO THE LIFTING OF PERSONS
  59. 2Annex II: Declarations
  60. Part 3: Annex III: CE marking Annex III UK marking
  61. Paragraph
  62. 4Annex IV: Categories of machinery to which one of the procedures referred to in regulation 11 or 12 must be applied
  63. 5Annex V: Indicative list of safety components
  64. Part 6: Annex VI: Assembly instructions for partly completed machinery
  65. Paragraph
  66. Paragraph
  67. 7Annex VII: Technical files
  68. 8Annex VIII: Assessment of conformity with internal checks on the manufacture of machinery
  69. Part 9: Annex IX: EC type- Type- examination
  70. Paragraph
  71. Part 10: Annex X: Full quality assurance
  72. Paragraph
  73. 11Annex XI: Minimum criteria to be taken into account by Member States for the notification the Secretary of State for approval of bodies
  74. Schedule 3: PRODUCTS TO WHICH THE REGULATIONS DO NOT APPLY
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. Schedule 4: APPEALS AGAINST NOTIFIED APPROVED BODY DECISIONS
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. 7Paragraph 7
  85. 8Paragraph 8
  86. 9Paragraph 9
  87. 10Paragraph 10
  88. 11Paragraph 11
  89. 12Paragraph 12
  90. 13Paragraph 13
  91. 14Paragraph 14
  92. 15Paragraph 15
  93. 16Paragraph 16
  94. 17Paragraph 17
  95. Schedule 5: ENFORCEMENT
  96. Part: General duties of enforcement authorities
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. 3AParagraph 3A
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. Part: Powers of the Health and Safety Executive, the Office for Nuclear Regulation and the Office of Rail and Road as enforcement authorities
  105. 7Paragraph 7
  106. 8Paragraph 8
  107. Part: Powers of the Health and Safety Executive for Northern Ireland as an enforcement authority
  108. 9Paragraph 9
  109. 10Paragraph 10
  110. Part: Powers of other enforcement authorities
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. Part: Forfeiture: England and Wales and Northern Ireland
  115. 14Paragraph 14
  116. Part: Forfeiture: Scotland
  117. 15Paragraph 15
  118. Part: Duty of enforcement authority to inform Secretary of State of action taken
  119. 16Paragraph 16
  120. Part: Savings
  121. 17Paragraph 17
  122. 18Paragraph 18
  123. Schedule 6: AMENDMENTS TO THE LIFTS REGULATIONS 1997
  124. 1Paragraph 1
  125. 2Paragraph 2
  126. 3Paragraph 3
  127. 4Paragraph 4
  128. 5Paragraph 5
  129. 6Paragraph 6
  130. 7Paragraph 7
  131. Schedule 7: OTHER AMENDMENTS
  132. 1The Provision and Use of Work Equipment Regulations 1998
  133. 2The Lifting Operations and Lifting Equipment Regulations 1998
  134. 3The Pressure Equipment Regulations 1999 Repealed
  135. 4The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
  136. 5The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
  137. 6The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
  138. 7The Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  139. Explanatory note