Search Legislation

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. Part I Preliminary

    1. 1.Citation, commencement and revocations

    2. 2.Interpretation

  3. Part II Application

    1. 3.Equipment, protective systems, devices and components

    2. 4.Excluded equipment, protective systems, devices and components

    3. 5.Exclusion until 30th June 2003 of equipment and protective systems complying with health and safety provisions in operation on 23rd March 1994

  4. Part III General Requirements

    1. 6.General duty relating to the placing on the market of equipment, protective systems or devices by a responsible person

    2. 7.General duty relating to the supply of equipment, protective systems or devices by a person other than the responsible person

    3. 8.General duty relating to the placing on the market of components by a responsible person

    4. 9.Exceptions to placing on the market in respect of certain equipment, protective systems, devices and components

    5. 10.Conformity assessment procedures

    6. 11.Notified bodies

    7. 12.Notified bodies appointed by the Department

    8. 13.Fees

  5. Supplementary Provisions

    1. 14.Conditions for equipment, protective systems, devices and components being taken to comply with the provisions of the ATEX Directive

  6. Part IV Enforcement

    1. 15.Application of Schedule 13

    2. 16.Offences and penalties

    3. 17.Defence of due diligence

    4. 18.Liability of persons other than the principal offender

    5. 19.Amendment of the Electricity at Work Regulations (Northern Ireland) 1991

    6. 20.Consequential amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1993

  7. Signature

    1. SCHEDULE 1

      The CE marking and other inscriptions

      1. 1.The CE conformity marking shall consist of the initials ‘CE'...

      2. 2.If the marking is reduced or enlarged, the proportions given...

      3. 3.The various components of the CE marking must have substantially...

      4. 4.The CE marking shall be followed by the identification number...

      5. 5.The CE marking shall be affixed distinctly, visibly, legibly and...

      6. 6.Subject to paragraph 7, where equipment, a protective system or...

      7. 7.Where one or more of the other Directives referred to...

      8. 8.Where equipment or protective systems are designed for a particular...

      9. 9.The affixing of markings on the equipment or protective systems...

    2. SCHEDULE 2

      Essential health and safety requirements relating to the design and construction of equipment and protective systems intended for use in potentially explosive atmospheres

      1. A.Preliminary observations

      2. B.For the devices referred to in Article 1(2) of the...

      3. 1.COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS

      4. 1.0.General requirements

      5. 1.0.1.Principles of integrated explosion safety

      6. 1.0.2.Equipment and protective systems must be designed and manufactured after...

      7. 1.0.3.Special checking and maintenance conditions

      8. 1.0.4.Surrounding area conditions

      9. 1.0.5.Marking

      10. 1.0.6.Instructions

      11. 1.1.Selection of materials

      12. 1.1.1.The materials used for the construction of equipment and protective...

      13. 1.1.2.Within the limits of the operating conditions laid down by...

      14. 1.1.3.Materials must be so selected that predictable changes in their...

      15. 1.2.Design and construction

      16. 1.2.1.Equipment and protective systems must be designed and constructed with...

      17. 1.2.2.Components to be incorporated into or used as replacements in...

      18. 1.2.3.Enclosed structures and prevention of leaks

      19. 1.2.4.Dust deposits

      20. 1.2.5.Additional means of protection

      21. 1.2.6.Safe opening

      22. 1.2.7.Protection against other hazards

      23. 1.2.8.Overloading of equipment

      24. 1.2.9.Flameproof enclosure systems

      25. 1.3.Potential ignition sources

      26. 1.3.1.Hazards arising from different ignition sources

      27. 1.3.2.Hazards arising from static electricity

      28. 1.3.3.Hazards arising from stray electric and leakage currents

      29. 1.3.4.Hazards arising from overheating

      30. 1.3.5.Hazards arising from pressure compensation operations

      31. 1.4.Hazards arising from external effects

      32. 1.4.1.Equipment and protective systems must be so designed and constructed...

      33. 1.4.2.Equipment parts used must be appropriate to the intended mechanical...

      34. 1.5.Requirements in respect of safety-related devices

      35. 1.5.1.Safety devices must function independently of any measurement or control...

      36. 1.5.2.In the event of a safety device failure, equipment and/or...

      37. 1.5.3.Emergency stop controls of safety devices must, as far as...

      38. 1.5.4.Control and display units

      39. 1.5.5.Requirements in respect of devices with a measuring function for explosion protection

      40. 1.5.6.Where necessary, it must be possible to check the reading...

      41. 1.5.7.The design of devices with a measuring function must incorporate...

      42. 1.5.8.Risks arising from software

      43. 1.6.Integration of safety requirements relating to the system

      44. 1.6.1.Manual override must be possible in order to shut down...

      45. 1.6.2.When the emergency shutdown system is actuated, accumulated energy must...

      46. 1.6.3.Hazards arising from power failure

      47. 1.6.4.Hazards arising from connections

      48. 1.6.5.Placing of warning devices as parts of equipment

      49. 2.SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT

      50. 2.0.Requirements applicable to equipment in category M of equipment-group I

      51. 2.0.1.Requirements applicable to equipment in category M 1 of equipment-group I

      52. 2.0.1.1.Equipment must be so designed and constructed that sources of...

      53. 2.0.1.2.Where necessary, equipment must be so constructed that no dust...

      54. 2.0.1.3.The surface temperatures of equipment parts must be kept clearly...

      55. 2.0.1.4.Equipment must be so designed that the opening of equipment...

      56. 2.0.2.Requirements applicable to equipment in category M 2 of equipment-group I

      57. 2.0.2.1.Equipment must be equipped with means of protection ensuring that...

      58. 2.0.2.2.Equipment must be so designed that the opening of equipment...

      59. 2.0.2.3.The requirements regarding explosion hazards arising from dust applicable to...

      60. 2.1.Requirements applicable to equipment in category 1 of equipment-group II

      61. 2.1.1.Explosive atmospheres caused by gases, vapours or hazes

      62. 2.1.1.1.Equipment must be so designed and constructed that sources of...

      63. 2.1.1.2.For equipment with surfaces which may heat up, measures must...

      64. 2.1.1.3.Equipment must be so designed that the opening of equipment...

      65. 2.1.2.Explosive atmospheres caused by air/dust mixtures

      66. 2.1.2.1.Equipment must be so designed and constructed that ignition of...

      67. 2.1.2.2.Where necessary, equipment must be so designed that dust can...

      68. 2.1.2.3.The surface temperatures of equipment parts must be kept well...

      69. 2.1.2.4.With regard to the safe opening of equipment parts, requirement...

      70. 2.2.Requirements for category 2 of equipment-group II

      71. 2.2.1.Explosive atmospheres caused by gases, vapours or mists

      72. 2.2.1.1.Equipment must be so designed and constructed as to prevent...

      73. 2.2.1.2.Equipment parts must be so designed and constructed that their...

      74. 2.2.1.3.Equipment must be so designed that the opening of equipment...

      75. 2.2.2.Explosive atmospheres caused by air/dust mixtures

      76. 2.2.2.1.Equipment must be so designed and constructed so that ignition...

      77. 2.2.2.2.With regard to surface temperatures, requirement 2.1.2.3 applies.

      78. 2.2.2.3.With regard to protection against dust, requirement 2.1.2.2 applies.

      79. 2.2.2.4.With regard to the safe opening of equipment parts, requirement...

      80. 2.3.Requirements applicable to equipment in category 3 of equipment-group II

      81. 2.3.1.Explosive atmospheres caused by gases, vapours or mists

      82. 2.3.1.1.Equipment must be so designed and constructed as to prevent...

      83. 2.3.1.2.Surface temperatures must not exceed the stated maximum surface temperatures...

      84. 2.3.2.Explosive atmospheres caused by air/dust mixtures

      85. 2.3.2.1.Equipment must be so designed and constructed that air/dust mixtures...

      86. 2.3.2.2.With regard to surface temperatures, requirement 2.1.2.3 applies.

      87. 2.3.2.3.Equipment, including cable entries and connecting pieces, must be so...

      88. 3.SUPPLEMENTARY REQUIREMENTS IN RESPECT OF PROTECTIVE SYSTEMS

      89. 3.0.General requirements

      90. 3.0.1.Protective systems must be dimensioned in such a way as...

      91. 3.0.2.Protective systems must be designed and capable of being positioned...

      92. 3.0.3.In the event of a power failure, protective systems must...

      93. 3.0.4.Protective systems must not fail due to outside interference.

      94. 3.1.Planning and design

      95. 3.1.1.Characteristics of materials

      96. 3.1.2.Protective systems designed to resist or contain explosions must be...

      97. 3.1.3.Accessories connected to protective systems must be capable of withstanding...

      98. 3.1.4.The reactions caused by pressure in peripheral equipment and connected...

      99. 3.1.5.Pressure-relief systems

      100. 3.1.6.Explosion suppression systems

      101. 3.1.7.Explosion decoupling systems

      102. 3.1.8.Protective systems must be capable of being integrated into a...

    3. SCHEDULE 3

      Criteria determining the classification of equipment-groups into categories

      1. 1.Equipment-group I

      2. 2.Equipment-group II

    4. SCHEDULE 4

      Excluded equipment, protective systems and devices

    5. SCHEDULE 5

      Module: EC type-examination

      1. 1.This module describes that part of the procedure by which...

      2. 2.The application for the EC type-examination shall be lodged by...

      3. 3.The technical documentation shall enable the conformity of the product...

      4. 4.The notified body shall:

      5. 4.1.examine the technical documentation, verify that the type has been...

      6. 4.2.perform or have performed the appropriate examinations and necessary tests...

      7. 4.3.perform or have performed the appropriate examinations and necessary tests...

      8. 4.4.agree with the applicant the location where the examinations and...

      9. 5.Where the type meets the provisions of the ATEX Directive,...

      10. 6.The applicant shall inform the notified body which holds the...

      11. 7.Each notified body shall communicate to the other notified bodies...

      12. 8.The other notified bodies may receive copies of the EC...

      13. 9.The manufacturer or his authorised representative established in the Community...

    6. SCHEDULE 6

      Module: Production quality assurance

      1. 1.This module describes the procedure whereby the manufacturer who satisfies...

      2. 2.The manufacturer shall operate an approved quality system for production,...

      3. 3.Quality system

      4. 3.1.The manufacturer shall lodge an application for assessment of his...

      5. 3.2.The quality system shall ensure compliance of the equipment with...

      6. 3.3.The notified body shall assess the quality system to determine...

      7. 3.4.The manufacturer shall undertake to fulfil the obligations arising out...

      8. 4.Surveillance under the responsibility of the notified body

      9. 4.1.The purpose of surveillance is to make sure that the...

      10. 4.2.The manufacturer shall, for inspection purposes, allow the notified body...

      11. 4.3.The notified body shall periodically carry out audits to ensure...

      12. 4.4.Furthermore, the notified body may pay unexpected visits to the...

      13. 5.The manufacturer shall, for a period ending at least 10...

      14. 6.Each notified body shall apprise the other notified bodies of...

    7. SCHEDULE 7

      Module: Product verification

      1. 1.This module describes the procedure whereby a manufacturer or his...

      2. 2.The manufacturer shall take all measures necessary to ensure that...

      3. 3.The notified body shall carry out the appropriate examinations and...

      4. 4.Verification by examination and testing of each piece of equipment

      5. 4.1.All equipment shall be individually examined and appropriate tests as...

      6. 4.2.The notified body shall affix or have affixed its identification...

      7. 4.3.The manufacturer or his authorised representative shall ensure that he...

    8. SCHEDULE 8

      Module: Conformity to type

      1. 1.This module describes that part of the procedure whereby the...

      2. 2.The manufacturer shall take all measures necessary to ensure that...

      3. 3.The manufacturer or his authorised representative shall keep a copy...

    9. SCHEDULE 9

      Module: Product quality assurance

      1. 1.This module describes the procedure whereby the manufacturer who satisfies...

      2. 2.The manufacturer shall operate an approved quality system for the...

      3. 3.Quality system

      4. 3.1.The manufacturer shall lodge an application for assessment of his...

      5. 3.2.Under the quality system, each piece of equipment shall be...

      6. 3.3.The notified body shall assess the quality system to determine...

      7. 3.4.The manufacturer shall undertake to discharge the obligations arising from...

      8. 4.Surveillance under the responsibility of the notified body

      9. 4.1.The purpose of surveillance is to ensure that the manufacturer...

      10. 4.2.The manufacturer shall for inspection purposes allow the notified body...

      11. 4.3.The notified body shall periodically carry out audits to ensure...

      12. 4.4.Furthermore, the notified body may pay unexpected visits to the...

      13. 5.The manufacturer shall, for a period ending at least 10...

      14. 6.Each notified body shall forward to the other notified bodies...

    10. SCHEDULE 10

      Module: Internal control of production

      1. 1.This module describes the procedure whereby the manufacturer or his...

      2. 2.The manufacturer shall establish the technical documentation described in paragraph...

      3. 3.Technical documentation shall enable the conformity of the equipment with...

      4. 4.The manufacturer or his authorised representative shall keep a copy...

      5. 5.The manufacturer shall take all measures necessary to ensure that...

    11. SCHEDULE 11

      Module: Unit verification

      1. 1.This module describes the procedure whereby the manufacturer ensures and...

      2. 2.The notified body shall examine the individual equipment or protective...

      3. 3.The aim of the technical documentation is to enable conformity...

    12. SCHEDULE 12

      Content of the EC declaration of conformity

    13. SCHEDULE 13

      Enforcement

      1. 1.Enforcement in relation to relevant products

      2. 2.Forfeiture

      3. 4.Duty of Department to inform Secretary of State of action taken

      4. 5.Savings

      5. 6.Interpretation

  8. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources