Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations (Northern Ireland) 2000

Citation and commencement

1.  These Regulations may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 24th April 2000.

Interpretation

2.—(1) In these Regulations “the principal Regulations” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations (Northern Ireland) 1990(1).

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the principal Regulations

3.—(1) The principal Regulations shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1), for the definition of “the Gassy Mines Directive” there shall be substituted—

““the Gassy Mines Directive” means Council Directive No. 82/130/EEC(3) concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, as adapted to technical progress by Commission Directive No. 88/35/EEC(4) and as amended by Commission Directive No. 91/269/EEC(5) and as further adapted to technical progress by Commission Directives No. 94/44/EC(6) and No. 98/65/EC(7);”.

(3) For regulation 12(8) there shall be substituted the following regulation:—

“Transitional provisions in respect of electrical equipment to which the Gassy Mines Directive applies

12— (1) The provisions of paragraphs (2) to (7) shall apply to electrical equipment to which the Gassy Mines Directive applies.

(2) Subject to paragraph (4), on or after 24th April 2000, a manufacturer of electrical equipment may apply to the certification body for a certificate of conformity attesting that the electrical equipment which is the subject of the application conforms to the harmonised standards prescribed for that equipment in the unamended Regulations; and in that case the provisions of the unamended Regulations, as appropriate, shall apply as if the application had been made under regulation 4 of those Regulations.

(3) Subject to paragraph (4), an application for a certificate of conformity made under regulation 4 of the unamended Regulations or for review under regulation 7 of those Regulations before 24th April 2000 shall continue to be dealt with under the unamended Regulations.

(4) A certificate of conformity shall not be issued by the certification body under paragraph (2) or (3) in respect of electrical equipment after 30th June 2003.

(5) Subject to regulation 6 and without prejudice to paragraph (6), a certificate of conformity issued in accordance with the unamended Regulations before 1st July 2003, in respect of electrical equipment irrespective of whether such certificate was issued before, on or after 24th April 2000, shall be regarded as in force for the purposes of regulation 11 (Use of the distinctive Community mark) until 30th June 2003.

(6) Subject to regulation 6, a certificate of conformity issued—

(a) before 1st January 1993 in accordance with regulation 12 of these Regulations as amended by the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations (Northern Ireland) 1992(9) applying the harmonised standards in force immediately before 20th July 1992; or

(b) before 1st January 1997 in accordance with regulation 12 of these Regulations applying the harmonised standards in force immediately before 21st August 1995,

shall be regarded as in force for the purposes of the said regulation 11 until 30th June 2003.

(7) In this regulation references to “the unamended Regulations” mean these Regulations as in operation immediately before 24th April 2000.”.

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

4.  In sub-paragraph (d) of regulation 19(2) of the Electricity at Work Regulations (Northern Ireland) 1991(10), for the words “and No. 94/44/EC” there shall be substituted the words “, No. 94/44/EC and No. 98/65/EC” and this substitution shall have effect as if it had been made by health and safety regulations made under Article 17 of the Health and Safety at Work (Northern Ireland) Order 1978(11) and the provisions of that Order as regards enforcement and offences shall apply to that sub-paragraph.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 14th March 2000.

L.S.

Adrianne L. Brown

A senior Officer of the

Department of Enterprise, Trade and Industry