The Supply of Machinery (Safety) Regulations 2008

  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement and revocation

    2. 2.Interpretation

    3. 3.Placing on the market and putting into service; supplies outside the EEA and showing at trade fairs not covered

  3. PART 2

    1. 4.Products to which Regulations apply; definition of “machinery”

    2. 5.Disapplication where more specific Community safety rules apply

    3. 6.Partly completed machinery

  4. PART 3

    1. 7.Supply of machinery: general obligations and prohibition

    2. 8.Supply of partly completed machinery: general obligations and prohibition

    3. 9.Putting machinery into service

    4. Conformity assessment procedures

      1. 10.Machinery not referred to in Annex IV

      2. 11.Annex IV machinery manufactured fully in accordance with published harmonised standards and fully covered by such standards

      3. 12.Annex IV machinery not manufactured fully in accordance with published harmonised standards or not fully covered by such standards

  5. PART 4

    1. 13.CE-marked machinery to be taken to comply with Regulations

    2. 14.Machinery covered by more than one Directive

    3. 15.Protection of CE marking

  6. PART 5

    1. 16.Designation and monitoring of UK notified bodies

    2. 17.Duration, variation and termination of designations

    3. 18.Functions of UK notified bodies

    4. 19.Fees

  7. PART 6

    1. 20.General duties and powers of enforcement authorities

    2. 21.Non-compliance with CE marking requirements

    3. 22.Offences and penalties

    4. 23.Defence of due diligence

    5. 24.Liability of persons other than the principal offender

  8. PART 7

    1. 25.Amendment of the Lifts Regulations 1997

    2. 26.Other amendments

    3. 27.Consequential disapplication of domestic health and safety law

    4. 28.Time-limited derogation for impact machinery

  9. Signature

    1. SCHEDULE 1

      REGULATIONS REVOKED

    2. SCHEDULE 2

      ANNEXES TO THE DIRECTIVE

      1. PART 1 Annex I: Essential health and safety requirements relating to the design and construction of machinery

        1. GENERAL PRINCIPLES

      2. PART 2 Annex II: Declarations

      3. PART 3 Annex III: CE marking

      4. PART 4 Annex IV: Categories of machinery to which one of the procedures referred to in regulation 11 or 12 must be applied

      5. PART 5 Annex V: Indicative list of safety components

      6. PART 6 Annex VI: Assembly instructions for partly completed machinery

      7. PART 7 Annex VII: Technical files

      8. PART 8 Annex VIII: Assessment of conformity with internal checks on the manufacture of machinery

      9. PART 9 Annex IX: EC type-examination

      10. PART 10 Annex X: Full quality assurance

      11. PART 11 Annex XI: Minimum criteria to be taken into account by Member States for the notification of bodies

    3. SCHEDULE 3

      PRODUCTS TO WHICH THE REGULATIONS DO NOT APPLY

      1. 1.These Regulations do not apply to— (a) safety components which...

      2. 2.The following products are subject to these Regulations—

    4. SCHEDULE 4

      APPEALS AGAINST NOTIFIED BODY DECISIONS

      1. 1.Where a manufacturer or authorised representative (“the appellant”) is aggrieved...

      2. 2.Any appeal made under paragraph 1 (“an appeal”) shall be—...

      3. 3.No person shall be appointed as an Appeal Officer unless...

      4. 4.An appeal must be made by giving a notice of...

      5. 5.On receiving the notice of appeal, the Secretary of State...

      6. 6.The notice of appeal must— (a) state the name and...

      7. 7.The respondent may make a written response to the notice...

      8. 8.The Appeal Officer must send a copy of the written...

      9. 9.The Appeal Officer may— (a) give the appellant and the...

      10. 10.The Appeal Officer may— (a) make enquiries of any person;...

      11. 11.The Appeal Officer may specify the time and place at...

      12. 12.In determining an appeal, the Appeal Officer must—

      13. 13.Where a decision is remitted the respondent must reconsider it...

      14. 14.The Appeal Officer may dismiss an appeal at any stage...

      15. 15.If satisfied that the appeal was not brought within the...

      16. 16.The Appeal Officer may dismiss an appeal at any stage...

      17. 17.The Appeal Officer must give the appellant and the respondent...

    5. SCHEDULE 5

      ENFORCEMENT

      1. General duties of enforcement authorities

        1. 1.Except as specified in paragraph 3, it shall be the...

        2. 2.Except as specified in paragraph 3, it shall be the...

        3. 3.It shall be the duty of the Office of Rail...

        4. 4.It shall be the duty of the Health and Safety...

        5. 5.It shall be the duty of every district council in...

        6. 6.The Secretary of State may enforce these Regulations in relation...

      2. Powers of the Health and Safety Executive and the Office of Rail Regulation as enforcement authorities

        1. 7.In relation to the enforcement of these Regulations by the...

        2. 8.For the purposes of the enforcement of these Regulations by...

      3. Powers of the Health and Safety Executive for Northern Ireland as an enforcement authority

        1. 9.In relation to the enforcement of these Regulations by the...

        2. 10.For the purposes of the enforcement of these Regulations by...

      4. Powers of other enforcement authorities

        1. 11.In relation to the enforcement of these Regulations by local...

        2. 12.For the purposes of the enforcement of these Regulations by...

        3. 13.In relation to proceedings for an offence in relation to...

      5. Forfeiture: England and Wales and Northern Ireland

        1. 14.(1) An enforcement authority in England and Wales or Northern...

      6. Forfeiture: Scotland

        1. 15.(1) In Scotland a sheriff may make an order for...

      7. Duty of enforcement authority to inform Secretary of State of action taken

        1. 16.Any enforcement authority (other than the Secretary of State) which...

      8. Savings

        1. 17.(1) Nothing in these Regulations prevents an enforcement authority from...

        2. 18.Nothing in these Regulations shall authorise an enforcement authority to...

    6. SCHEDULE 6

      AMENDMENTS TO THE LIFTS REGULATIONS 1997

      1. 1.In this Schedule, any reference to a regulation or Schedule...

      2. 2.For regulation 2(1)(b) there shall be substituted the following—

      3. 3.In regulation 2(1)(c)(ii), for “Directive 98/37/EC” there shall be substituted...

      4. 4.Before the definition of “CE marking” in regulation 2(2), there...

      5. 5.The following shall be substituted for the definition of “lift”...

      6. 6.In Schedule 1— (a) for each of the references to...

      7. 7.For the lifts specified in Schedule 14 (Excluded lifts) there...

    7. SCHEDULE 7

      OTHER AMENDMENTS

      1. 1.The Provision and Use of Work Equipment Regulations 1998

      2. 2.The Lifting Operations and Lifting Equipment Regulations 1998

      3. 3.The Pressure Equipment Regulations 1999

      4. 4.The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

      5. 5.The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

      6. 6.The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

      7. 7.The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

  11. Explanatory Note