The Supply of Machinery (Safety) (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Supply of Machinery (Safety) Regulations 1992 as amended (the “principal Regulations”).

They amend certain definitions in regulation 2 of the principal Regulations as follows:

(a) the definition of “Machinery Directive” to reflect the consolidation of the Machinery Directive by way of Directive 98/37/EC of the European Parliament and of the Council (OJ No. L207, 23.7.98, p.1) (regulation 2(1)(a));

(b) the definition of “enforcement authority” to reflect changes made in Northern Ireland (regulation 2(1)(b)); and

(c) the definition of “harmonised standard” to reflect the consolidation of Council Directive 83/189/EEC (as amended) in Directive 98/34/EC (OJ No. L204, 21.7.98, p.37) (regulation 2(1)(c)).

Regulation 2(1)(d) substitutes wording for regulation 17 of the principal Regulations, to reflect the recognition of notified bodies under various agreements.

Regulation 2(1)(e) effects a minor amendment of the principal Regulation to correct paragraph numbers in regulation 11 following the earlier amendment of the principal Regulations.

Regulation 2(1)(f) substitutes the wording of regulation 30(1) of the principal Regulations in order to increase the range of penalties available for offences under regulation 29(a) of the principal Regulations.

Regulation 2(1)(g) amends Schedule 5 (Excluded Machinery) to the principal Regulations in order to implement the provisions of Article 21(1) of Directive 98/79/EEC of the European Parliament and of the Council (OJ No.L331, 7.12.98, p.1); apart from that Article, that Directive has been implemented by the Medical Devices Regulations 2002 (S.I. 2002/618).

Regulation 2(1)(h) amends Schedule 6 (Enforcement) to the principal Regulations to effect a change as regards the enforcement arrangements in Northern Ireland.

Regulation 2(2) clarifies the position as regards EC declarations of conformity and declarations of incorporation, which refer to the Machinery Directive by way of its earlier numbering, and provides that these declarations shall still be valid despite the consolidation (with a new number) of the Machinery Directive.

Regulations 3, 4 and 5 make consequential amendments.

As these Regulations only implement the provisions of Article 21(1) of Directive 98/79/EEC (by regulation 2(1)(g)) and otherwise effect amendments required to regularise the provisions of the principal Regulations and other legislation as well as to amend enforcement provisions of the principal Regulations, it has not been necessary to prepare a Regulatory Impact Assessment or Transposition Note for this instrument.