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The Electrical Equipment (Safety) Regulations 1994

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Interpretation

3.—(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987(1);

“authorised representative” means a representative established within the Community appointed by a manufacturer of electrical equipment to act on his behalf in relation to these Regulations;

“the CE marking Directive” means Council Directive No 93/68/EEC(2);

“CE marking” means the CE conformity marking referred to in regulation 9 consisting of the initials “CE” taking the form of the specimen given in Schedule 1;

“the Community” means the European Economic Community and other States in the European Economic Area;

“electrical equipment” means, unless the context otherwise requires, any electrical equipment to which these Regulations apply by virtue of regulation 4 below;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993(3);

“end user” means the consumer which expression shall include an industrial and commercial consumer;

“harmonised standard” means a standard harmonised in accordance with Article 5 of the low voltage Directive;

“international safety provision” means a safety provision of a standard which has been published by the International Commission on the Rules for the Approval of Electrical Equipment or the International Electrotechnical Commission and which has been published in the Official Journal of the Communities pursuant to Article 6 of the low voltage Directive;

“the low voltage Directive” means Council Directive No.73/23/EEC(4) on the harmonisation of the laws of member States relating to electrical equipment designed for use within certain voltage limits as amended by the CE marking Directive;

“member State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the state of Liechtenstein;

“national safety provision” means a safety provision which has the force of law in a member State of the Community or which is contained in a standard published and not withdrawn by a national standards body, not being a safety provision which is to the same effect as a safety provision of a harmonised standard or as an international safety provision;

“national standards body” means a body which has been notified under Article 11 of the low voltage Directive for the purposes of Article 5 of that Directive;

“safe” has the same meaning as in section 19(1) of the 1987 Act, except that, for the purpose of these Regulations, the references in that subsection to “risk” shall be construed as including references to any risk of—

(a)

death or injury to domestic animals; and

(b)

damage to property;

and as excluding any risk arising from the improper installation or maintenance of the electrical equipment in question or from the use of the equipment in applications for which it is not made;

“safety provision” means a provision made for the purpose of ensuring that the equipment in question is safe;

“supply” (except in reference to the electricity supply) includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly.

(2) For the purposes of regulation 7(2) below a national safety provision is applicable to equipment in a particular member State if—

(a)the provision has the force of law in that member State or the national standards body publishing it has its principal office there, and

(b)the equipment was not manufactured in any other member State.

(3) Any reference in these Regulations to an electric shock is a reference to an electric shock of such severity as to be liable to cause death or personal injury.

(2)

OJ No.L220, 30.8.1993, p.1.

(3)

Protocol 47 and certain Annexes to the EEA Agreement were amended by Decision No.7/94 of the EEA Joint Committee which came into force on 1 July 1994, (OJ No.L160, 28.6.1994, p.1).Council Directive 93/68/EEC was added to Chapter XXII of Annex II to the EEA Agreement by item p in Annex 3 to the said Decision No 7/94.

(4)

OJ No.L77, 26.3.1973, p.29.

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