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The Gas Appliances (Safety) Regulations 1992

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Essential requirements

3.—(1) For the purposes of these Regulations—

(a)subject to paragraph (2) below, an appliance or a fitting shall be taken to satisfy the essential requirements,—

(i)if it satisfies a national standard which implements the relevant harmonised standard; or

(ii)where there is no relevant harmonised standard, if it satisfies a national standard of which the text is communicated to the Commission pursuant to Article 5(2) of the Directive and which, pursuant to that provision, is notified by the Commission to the member States as being presumed to conform to the essential requirements; and

(b)a quality system shall be taken to satisfy the requirements of these Regulations if it complies with a national standard which implements the relevant harmonised standard.

(2) Paragraph (1)(a) above has effect in any case only where—

(a)the national standard in question relates to all the matters relevant to the essential requirements, and

(b)there are no reasonable grounds for suspecting that the appliance or fitting does not satisfy the essential requirements.

(3) In paragraph (1) above, “harmonised standard”,—

(a)in relation to appliances and fittings, means a technical specification—

(i)which is adopted by one or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation upon a remit from the Commission in accordance with Council Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regula tions(1), as amended, and

(ii)of which the reference number is published in the Official Journal of the European Communities in pursuance of article 5(1)(a) of the Directive; and

(b)in relation to quality systems, means a techical specification which is adopted by one or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation.

(1)

OJ No. L109, 26.4.1983, p. 8.

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