The Electrically, Hydraulically and Oil-Electrically Operated Lifts (Components) (EEC Requirements) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

The Regulations supersede the Electrically Operated Lifts (EEC Requirements) Regulations 1986 (S.I. 1986/1500) which are referred to in this note as the 1986 Regulations.

The 1986 Regulations implemented Council Directives 84/528/EEC and 84/529/EEC (OJ No. L300 pp. 72-94) as adapted to technical progress by Commission Directive 86/312/EEC (OJ No. L196 pp. 56-57). These Directives specify that electrically operated lifts and specified components thereof which satisfy certain requirements must be accorded free circulation in the Community, but they do not provide for the type-examination of lifts (as opposed to the specified lift components).

There was (and is) no need to make regulations for such lifts or lift components to be accorded free circulation, but the 1986 Regulations implied that, on application by or on behalf of manufacturers, type-examination certificates could be granted in respect of lifts. This has been corrected in these Regulations which revoke the 1986 Regulations, subject to the proviso that things done under the 1986 Regulations are deemed to have been done under these Regulations which from the date that they come into force apply to such matters (Regulation 1).

The Regulations also implement Council Directive 90/486/EEC (OJ No. L270 pp.21-22) which extends the requirements of the previous Directives to hydraulically and oil-electrically operated lifts and lift components and also amends certain technical requirements which must be complied with (see Regulation 2 and Schedule 1).

The 1986 Regulations extended to Great Britain whereas these Regulations extend to the United Kingdom. The Regulations provide:

(a) for the approval by the Secretary of State of bodies to carry out examinations, to issue EEC type-examination certificates and to carry out EEC inspections in respect of specified lift components (Regulation 3);

(b) for applications to be made by the manufacturer, or his authorised representative established in the Community, for the issue by an approved body, subject to conditions, of EEC type-examination certificates for specified lift components which comply with the technical requirements of the Directives as set out in Schedule 1, for subsequent EEC inspection by the approved body which has issued such certificate to ensure continuing compliance with EEC requirements, and the elements which the approved body can take into account in charging fees for type-examination and EEC inspection (Regulations 4, 6 and 7);

(c) for the issue of certificates of conformity and the placing of EEC marks by a manufacturer in respect of specified lift components for which there is an EEC type-examination certificate (Regulation 5);

(d) for notices in respect of non-conforming lift components or breach of conditions in respect of EEC type-examination certificates, for the suspension and withdrawal of such certificates and for review by the Secretary of State of decisions by an approved body on the application of an aggrieved person (Regulations 8 and 9).

The Schedules to the Regulations set out the information which has to be supplied by an applicant for an EEC type-examination certificate (Schedule 2), the undertakings which have to be given in respect of any such application (Schedule 3 and 3A), the form of EEC type-examination certificate (Schedule 4), the form of the EEC certificate of conformity (Schedule 5) and the EEC mark of conformity (Schedule 6).