"the 1974 Act" means the Health and Safety at Work etc. Act 1974;

"employer" except in regulation 3(2) and (3) includes a person to whom the requirements imposed by these Regulations apply by virtue of regulation 3(3)(a) and (b);

"essential requirements" means requirements described in regulation 10(1);

"the Executive" means the Health and Safety Executive;

"inspection" in relation to an inspection under paragraph (1) or (2) of regulation 6 - 

(a) means such visual or more rigorous inspection by a competent person as is appropriate for the purpose described in the paragraph;

(b) where it is appropriate to carry out testing for the purpose, includes testing the nature and extent of which are appropriate for the purpose;

"power press" means a press or press brake for the working of metal by means of tools, or for die proving, which is power driven and which embodies a flywheel and clutch;

"thorough examination" in relation to a thorough examination under paragraph (1), (2), (3) or (4) of regulation 32 - 

(a) means a thorough examination by a competent person;

(b) includes testing the nature and extent of which are appropriate for the purpose described in the paragraph;

"use" in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintain ing, servicing and cleaning;

"work equipment" means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not);

and related expressions shall be construed accordingly.

    (2) Any reference in regulations 32 to 34 or Schedule 3 to a guard or protection device is a reference to a guard or protection device provided for the tools of a power press.

    (3) Any reference in regulation 32 or 33 to a guard or protection device being on a power press shall, in the case of a guard or protection device designed to operate while adjacent to a power press, be construed as a reference to its being adjacent to it.

    (4) Any reference in these Regulations to - 

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

(a) after installation and before being put into service for the first time; or

(b) after assembly at a new site or in a new location,

to ensure that it has been installed correctly and is safe to operate.

    (2) Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected - 

(a) at suitable intervals; and

(b) each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred,

to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.

    (3) Every employer shall ensure that the result of an inspection made under this regulation is recorded and kept until the next inspection under this regulation is recorded.

    (4) Every employer shall ensure that no work equipment - 

(a) leaves his undertaking; or

(b) if obtained from the undertaking of another person, is used in his undertaking,

unless it is accompanied by physical evidence that the last inspection required to be carried out under this regulation has been carried out.

    (5) This regulation does not apply to - 

(a) it is suitable for carrying persons; and

(b) it incorporates features for reducing to as low as is reasonably practicable risks to their safety, including risks from wheels or tracks.

(a) it has been thoroughly examined to ensure that it - 


(i) has been installed correctly; and

(ii) would be safe to operate; and



(b) any defect has been remedied.

    (2) Every employer shall ensure that a guard, other than one to which paragraph (3) relates, or protection device is not put into service for the first time on a power press unless - 

(a) it has been thoroughly examined when in position on that power press to ensure that it is effective for its purpose; and

(b) any defect has been remedied.

    (3) Every employer shall ensure that that part of a closed tool which acts as a fixed guard is not used on a power press unless - 

(a) it has been thoroughly examined when in position on any power press in the premises to ensure that it is effective for its purpose; and

(b) any defect has been remedied.

    (4) For the purpose of ensuring that health and safety conditions are maintained, and that any deterioration can be detected and remedied in good time, every employer shall ensure that - 

(a) every power press is thoroughly examined, and its guards and protection devices are thoroughly examined when in position on that power press - 


(i) at least every 12 months, where it has fixed guards only; or

(ii) at least every 6 months, in other cases; and

(iii) each time that exceptional circumstances have occurred which are liable to jeopardise the safety of the power press or its guards or protection devices; and



(b) any defect is remedied before the power press is used again.

(a) that it is a power press, interlocking guard, fixed guard or other type of guard or protection device;

(b) where known its make, type and year of manufacture;

(c) the identifying mark of - 


(i) the manufacture,

(ii) the employer.

     4. In relation to the first thorough examination of a power press after installation or after assembly at a new site or in a new location - 

(a) that it is such thorough examination;

(b) either that it has been installed correctly and would be safe to operate or the respects in which it has not been installed correctly or would not be safe to operate;

(c) identification of any part found to have a defect, and a description of the defect.

     5. In relation to a thorough examination of a power press other than one to which paragraph 4 relates - 

(a) that it is such other thorough examination;

(b) either that the power press would be safe to operate or the respects in which it would not be safe to operate;

(c) identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect.

     6. In relation to a thorough examination of a guard or protection device - 

(a) either that it is effective for its purpose or the respects in which it is not effective for its purpose;

(b) identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect.

     7. Any repair, renewal or alteration required to remedy a defect found to be a danger to persons.

     8. In the case of a defect which is not yet but could become a danger to persons - 

(a) the time by which it could become such danger;

(b) any repair, renewal or alteration required to remedy it.

     9. Any other defect which requires remedy.

     10. Any repair, renewal or alteration referred to in paragraph 7 which has already been effected.

     11. The date on which any defect referred to in paragraph 8 was notified to the employer under regulation 34(1)(a).

     12. The qualification and address of the person making the report; that he is self-employed or if employed, the name and address of his employer.

     13. The date of the thorough examination.

     14. The date of the report.

     15. The name of the person making the report and where different the name of the person signing or otherwise authenticating it.

(a) the inspection of work equipment in specified circumstances by a competent person (regulation 6(1) and (2));

(b) the recording and keeping of the result (regulation 6(3)); and

(c) that evidence of the last inspection accompany work equipment used outside the undertaking (regulation 6(4)). Work equipment subject to equivalent provision is excepted (regulation 6(5). "Inspection" is defined in regulation 2(1).

     8. The Regulations give effect to point 3.1 of Annex I to the Directive in making provision in relation to mobile work equipment for - 

(a) its suitability for carrying persons and its safety features (regulation 25);

(b) means to minimise the risk to safety from its rolling over (regulation 26);

(c) means to reduce the risk to safety from the rolling over of a fork-lift truck (regulation 27);

(d) the safety of self-propelled work equipment (regulation 28) and remote-controlled self propelled work equipment (regulation 29); and

(e) the drive shafts of mobile work equipment (regulation 30),

and as permitted by Article 4.1(c) of the Directive give relief until 5th December 2002 for existing mobile work equipment.

     9. Regulations 32 to 36 and Schedules 2 and 3 re-enact with modifications the Power Presses Regulations 1965/1441 ("the 1965 Regulations"). In so doing they include provision giving effect, as regards power presses, to Article 4a of the Directive. Certain power presses, excluded by the 1965 Regulations or exempted under them, are excluded (regulation 31 and Schedule 2). The Regulations provide for - 

(a) the thorough examination (defined in regulation 2(1)) of power presses and their guards and protection devices (regulation 32);

(b) their inspection after setting, re-setting or adjustment of their tools, and every working period (regulation 33); and

(c) the making (regulation 34 and Schedule 3) and keeping (regulation 35) of reports.

     10. The Regulations repeal section 19 of the Offices, Shops and Railway Premises Act 1963 (regulation 38) and revoke provisions of instruments (regulation 39 and Schedule 4).

     11. Copies of the cost benefit assessment prepared in respect of these Regulations other than regulations 31 to 35 (power presses), of that prepared in respect of regulations 3 to 35, and of that prepared in respect of woodworking machines, may be obtained from the Economic Adviser's Unit, the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS.