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4. (1) Subject to the following provisions of this regulation, these Regulations do not apply to—
(a)any appliance which does not bear the CE Marking; or
(b)any fitting in respect of which a fitting certificate has not been issued,
and which in either case, was supplied for the first time in the Community before 1st January 1992;
(c)any fitting, whenever manufactured, supplied for incorporation in appliances which appliances—
(i)do not bear the CE Marking, and
(ii)were supplied for the first time in the Community before 1st January 1996.
(2) Before 1st January 1996,—
(a)in the case of any appliance or fitting to which the Gas Cooking Appliances (Safety) Regulations 1989(1) or the Heating Appliances (Fireguards) (Safety) Regulations 1991(2) apply, these Regulations do not apply if the said Regulations of 1989 or 1991, as the case may require, are complied with; and
(b)in the case of any other appliance or fitting, these Regulations do not apply if—
(i)the general safety requirement construed in accordance with subsections (2) and (3) of section 10 of the 1987 Act (general safety requirement), or
(ii)section 6 of the 1974 Act (or Article 7 of the 1978 Order) (general duties of manufacturers etc as regards articles and substances for use at work),
is complied with.
(3) Before 1st January 1996, a person shall not be guilty of an offence arising out of a failure to comply with any provision of these Regulations,—
(a)in the case of appliances and fittings within paragraph (2)(a) above, if the failure also constitutes an offence in relation to the said Regulations of 1989 or 1991, as the case may be; and
(b)in the case of appliances and fittings within paragraph (2)(b) above, if the failure is also an offence under section 10 (general safety requirement) of the 1987 Act or (being a failure to discharge a duty under the said section 6 of the 1974 Act or Article 7 of the 1978 Order) under section 33(1)(a) of the 1974 Act or of Article 31(1)(a) of the said 1978 Order (offences).
(4) Until 1st January 1997, these Regulations do not apply to any gas appliance or fitting which is supplied and which complies with the provisions of the Gas Appliances (Safety) Regulations 1992.
(5) These Regulations do not have effect in relation to the supply by any person of an appliance or fitting which—
(a)has at any time been put into service by another person, and
(b)is supplied by a person who supplies appliances or fittings in the course of any business whether after repairing or reconditioning them or not.