Prohibitions on supply etc. of appliances
12.—(1) Subject to the following provisions of this regulation, no person shall supply, offer for supply, agree to supply, expose for supply or possess for supply any appliance unless that appliance is correctly fitted with a standard plug which–
(a)complies with the requirements of regulation 8 above; and
(b)is fitted with a fuse link which conforms to BS 1362 and is rated in accordance with the appliance manufacturer’s instructions, provided that in the absence of such instructions the fuse link may be rated in accordance with Table 2 of BS 1363.
(2) Paragraph (1) above shall not prohibit any person from supplying, offering to supply, agreeing to supply, exposing for supply or possessing for supply any appliance which does not comply with the requirements of that paragraph but which–
(a)is correctly fitted with a non–UK plug which complies with the safety provisions of IEC 884–1; and
(b)is fitted with a conversion plug which complies with the requirements of paragraph (3) below and which encloses the fitted non–UK plug and can only be removed by the use of a tool.
(3) For the purposes of paragraph (2) above and subject to the provisions of paragraphs (4) to (8) below, a conversion plug shall be of a type approved by a notified body for use in conjunction with a non–UK plug which complies with the safety provisions of IEC 884–1, and in respect of which such approval has not been cancelled, and in determining applications made to it for such approval the notified body shall not grant such approval unless it is satisfied–
(a)that, when used in conjunction with such a non–UK plug and when connected to a mains socket in the United Kingdom, conversion plugs of that type provide a level of safety equivalent to a standard plug which satisfies the requirements of regulation 8 above; and
(b)by means of inspection or testing of samples, that the manufacturer of the conversion plug may reasonably be expected to ensure that normal production and design of the conversion plug will result in conversion plugs of that type corresponding with the samples.
(4) Subject to paragraphs (5) (6) and (7) below, an approval of a type of conversion plug granted by a notified body may be unconditional or subject to such conditions, which must be complied with if the approval is to apply, as the body considers appropriate in relation to the approval of the type of conversion plug in question.
(5) A condition shall be attached to any such approval requiring the applicant, during the currency of the approval, to give to the notified body granting the approval such notice as may be specified in the approval of any changes in the conversion plugs of the type approved.
(6) The conditions imposed pursuant to paragraph (4) above may be varied by the notified body which granted the approval, and variation under this paragraph may include the imposition of new conditions or the withdrawal of conditions.
(7) Before making an unfavourable decision in respect of an applicant, that is to say–
(a)refusing to grant approval pursuant to paragraph (3) above;
(b)the imposition of a condition on an approval or the making of a restrictive variation of a condition thereof pursuant to paragraph (4), (5) or (6) above in circumstances where the applicant has not indicated in writing that the type of conversion plug concerned is suitable for use subject to that condition; or
(c)the cancellation of an approval,
a notified body in the United Kingdom shall–
(i)give notice in writing to the applicant or holder of the approval concerned, as the case may be, of the reasons why it proposes to make the unfavourable decision; and
(ii)give the person to whom notice is given in sub–paragraph (i) above the opportunity of making representations within a period of 28 days of the notice being given as to why that body should make a favourable decision, and consider any representations which are made by that person within that period.
(8) Any approval given under paragraph (3) above shall remain in force for seven years or for such shorter period as may be specified in the approval.
(9) Paragraph (1) above shall not prohibit any person from possessing for supply at any time before it is supplied, offered for supply or exposed for supply in the United Kingdom for the first time, or before it is agreed for the first time to supply it in the United Kingdom, any appliance which has been imported into the United Kingdom and which does not comply with the requirements of that paragraph.