The Boiler (Efficiency) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 92/42/EEC (“the Directive”) concerning efficiency requirements for new hot water boilers fired with liquid or gaseous fuels and Council Directive 93/68/EEC (“the amendment Directive”) amending the Directive. The Directive specifies standards of energy efficiency which are to be met by boilers supplied within the European Economic Community. The Directive also applies to appliances which when fitted together make boilers.

Regulation 3 and Schedule 3 specify the boilers to which the Regulations do not apply (article 3.2 of the Directive). Regulation 4 implements article 4.2 of the Directive and prohibits the supply or putting into service of new boilers which do not satisfy the “efficiency requirements” defined in regulation 2 of, and Schedule 2 to, the Regulations.

Regulation 5 provides that a boiler is deemed to satisfy the efficiency requirements if it complies with the “harmonised standards” (defined in regulation 2 of the Regulation)

and also bears the EC mark and is accompanied by an EC declaration of conformity (article 7.1 of the Directive). Regulation 5 and Schedules 4 and 5 specify how boilers may be shown to qualify for the EC declaration of conformity (article 7.2 and Annexes III and IV of the Directive and article 12(3) of the amendment Directive). It also provides that gas boilers are to be assessed in accordance with the legislation implementing Directive 90/396/EEC (article 7.2 of the Directive). The relevant UK legislation is the Gas Appliances (Safety) Regulations 1992.

Regulation 6 deals with the supply of appliances. For the purpose of the Regulations “appliance” means either a boiler body or a boiler burner designed to be assembled into a boiler (articles 2 and 7.3 of the Directive and article 12.3 of the amendment Directive).

Regulation 7 makes provision about the affixing of the EC mark. This implements article 7.4 of the Directive and article 12.4 of the amendment Directive.

Regulation 8 and Schedule 6 make provision for the approval by the Secretary of State of notified bodies to perform functions in Schedule 5 to the Regulations. This implements article 8.1 and Annex V of the Directive.

Regulation 9 specifies the powers which notified bodies will have after 1st January 1995 in relation to a boiler or appliance in respect which there is a failure to comply with the Regulations (article 12.5 of the amendment Directive).

Regulation 10 and Schedule 7 reflect article 6 of the Directive. It provides for an optional system under which a manufacturer of a boiler may affix to it a label showing between one and four stars, reflecting the level of energy efficiency of that boiler.

Regulation 11 requires manufacturers or their authorised representatives to keep certain information available at the disposal of the Secretary of State for a period specified in the regulation (Annexes III and IV of the Directive).

Regulation 12 provides for enforcement of the Regulations by weights and measures authorities, in England, county councils in Wales and island or regional councils in Scotland and the Department of Economic Development in Northern Ireland.

Regulation 13 provides for the contravention of certain provisions of the Regulations to be an offence and regulations 14 and 15 provide for other matters in connection with proceedings for such offences. Regulation 16 makes transitional provisions reflecting article 9 of the Directive.