Energy Conservation Act 1981

1 Power to prohibit supply of certain appliances without type approval mark or approved operating and maintenance instructions

(1) This Part of this Act applies to the following appliances—

(a) any heat generator ;

(b) any gas-powered appliance for cooking, refrigeration, lighting or washing;

(c) any safety or control device designed to form part of any gas-powered heat generator or of any appliance within paragraph (b) above ;

and in this section " gas appliance" means any gas-powered heat generator and any "appliance within paragraph (b) or (c) above.

(2) The Secretary of State may by order prohibit persons from supplying or displaying, or from offering or agreeing to supply, a heat generator of any description specified in the order unless it bears a prescribed type approval mark and is accompanied by approved operating and maintenance instructions.

(3) The Secretary of State may by order prohibit persons from supplying or displaying, or from offering or agreeing to supply, a gas appliance of any description specified in the order unless a type approval is in force with respect to the model of appliance in question and, in such cases as may be prescribed by the order, the appliance also bears a prescribed type approval mark or is accompanied by approved operating and maintenance instructions (or both).

(4) In this Part of this Act " type approval mark " means, in relation to appliances of any description to which this Part of this Act applies, a mark or combination of marks—

(a) indicating that a type approval is in force for the model to which the mark or marks are applied ; and

(b) giving any approved particulars for that model which are required to be given by means of or in assocation with any mark indicating that a type approval is in force for the model to which it is applied.

(5) References in this Part of this Act, in relation to any model of appliance, to a type approval being in force for that model, are references to the fact that—

(a) that model has been approved as conforming to standards prescribed under this Part of this Act or by any relevant Community requirements, on the basis of an examination of samples of that model carried out under this Part of this Act or in accordance with those requirements (as the context may require); and

(b) the approval granted is still in force;

and references to type approval are references to the approval of any model as mentioned in paragraph (a) above.

(6) The approved particulars mentioned in subsection (4)(b) above are approved particulars with respect to any items of information which may be required under this Part of this Act or by any relevant Community requirements to be given as there mentioned; and references in this Part of this Act to approved particulars for any model of appliance are references to particulars approved as correct for that model in accordance with this Part of this Act or any such requirements.

(7) Any reference in any provision of this Part of this Act to relevant Community requirements is a reference to any requirements with respect to the matter to which that provision relates which are imposed by any Community instrument or in pursuance of any such instrument by the law of any member State other than the United Kingdom.

(8) In subsections (2) and (3) above "a prescribed type approval mark" means, in relation to appliances of any description—

(a) a type approval mark in any form prescribed by an order under this section for indicating that a type approval granted under this Part of this Act is in force for appliances of that description ; and

(b) any type approval mark indicating that a type approval granted in any other member State is in force for appliances of that description which is specified in any such order as a recognised indication of type approval for the purposes of this Part of this Act.

(9) An order under this section may not apply to supplying or displaying, or offering or agreeing to supply, second-hand appliances.

(10) In this section—

(a) " approved operating and maintenance instructions" means operating and maintenance instructions approved in accordance with the following provisions of this Part of this Act by any type approval body appointed under section 3 or with any relevant Community requirements by any person authorised in accordance with those requirements;

(b) " display ", in relation to an appliance of any description, means display with a view to procuring orders for the supply of appliances of that description ;

(c) " mark" includes any data plate, and any label or other device designed to be affixed to any appliance for the purpose of providing information, advice or instructions in relation to that appliance; and

(d) a person shall be taken to offer to supply an appliance if he exposes it for supply or has it in his possession for supply.

(11) In this Act, "heat generator" means any appliance designed for space heating or hot water production or both, being an appliance which uses energy in any form (including solar radiation) to generate or transmit the heat required for the purpose (including any such appliance which is also designed or may in fact be used for any other purpose).