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6. Before placing a lift on the market, an installer must ensure that it has been designed, manufactured, installed and tested in accordance with the essential health and safety requirements.
7. Before placing a lift on the market, an installer must—
(a)have a relevant conformity assessment procedure carried out; and
(b)draw up the technical documentation referred to—
(i)for a lift in respect of which the conformity assessment procedure in regulation 47(1)(a) is being carried out, in point 3 of Part B of Module B in [F1Schedule 11];
(ii)for a lift in respect of which the conformity assessment procedure in regulation 47(1)(b) or 47(1)(d) is being carried out, in point 3.1(d) of Module H1 in [F2Schedule 18];
(iii)for a lift in respect of which the conformity assessment procedure in regulation 47(1)(c) is being carried out, in point 3 of Module G in [F3Schedule 15].
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 7(b)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 5(a) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 7(b)(ii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 5(b) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 7(b)(iii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 5(c) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
7. Before placing a lift on the market, an installer must—
(a)have a relevant conformity assessment procedure carried out; and
(b)draw up the technical documentation referred to—
(i)for a lift in respect of which the conformity assessment procedure in regulation 47(1)(a) is being carried out, in point 3 of Part B of Module B in Annex IV to the Directive (as amended from time to time);
(ii)for a lift in respect of which the conformity assessment procedure in regulation 47(1)(b) or 47(1)(d) is being carried out, in point 3.1(d) of Module H1 in Annex XI to the Directive (as amended from time to time);
(iii)for a lift in respect of which the conformity assessment procedure in regulation 47(1)(c) is being carried out, in point 3 of Module G in Annex VIII to the Directive (as amended from time to time).
Extent Information
E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
8.—(1) Where the conformity of a lift with the essential health and safety requirements has been demonstrated by a relevant conformity assessment procedure, before placing the lift on the market, the installer must—
(a)draw up a declaration of conformity in accordance with regulation 49 (F6... declaration of conformity);
(b)ensure that the declaration of conformity accompanies the lift; and
(c)affix the [F7UK] marking in accordance with regulation 50 ([F7UK] marking).
(2) The installer must keep the F8... declaration of conformity up-to-date.
[F9(3) Where a lift is subject to more than one enactment requiring the drawing up of a declaration of conformity, the installer must draw up a single declaration of conformity which identifies each enactment by its title.]
Extent Information
E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F4Word in reg. 8 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 6(2)(a) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in reg. 8 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 6(2)(b) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in reg. 8(1)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 6(3)(a) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in reg. 8(1)(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 6(3)(b) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in reg. 8(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 6(4) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Reg. 8(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 6(5) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
8.—(1) Where the conformity of a lift with the essential health and safety requirements has been demonstrated by a relevant conformity assessment procedure, before placing the lift on the market, the installer must—
(a)draw up a declaration of conformity in accordance with regulation 49 (EU declaration of conformity);
(b)ensure that the declaration of conformity accompanies the lift; and
(c)affix the CE marking in accordance with regulation 50 (CE marking).
(2) The installer must keep the EU declaration of conformity up-to-date.
(3) Where a lift is subject to more than one [F16NI Protocol obligation] requiring a declaration of conformity to be drawn up, the installer must draw up a single declaration of conformity, which—
(a)identifies the [F17relevant] EU instruments; and
(b)includes references to the publication of those EU instruments in the Official Journal.
Extent Information
E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F16Words in reg. 8(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 10 para. 3(2)(a)
F17Word in reg. 8(3)(a) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 10 para. 3(2)(b)
9. An installer must keep the technical documentation, the F11... declaration of conformity and, where applicable, any approval decision, drawn up in respect of a lift for a period of 10 years beginning on the day on which the lift is placed on the market.
Extent Information
E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F10Word in reg. 9 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 7 (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F11Word in reg. 9 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 7 (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
9. An installer must keep the technical documentation, the EU declaration of conformity and, where applicable, any approval decision, drawn up in respect of a lift for a period of 10 years beginning on the day on which the lift is placed on the market.
Extent Information
E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
10.—(1) Before placing a lift on the market, an installer must—
(a)ensure that it is labelled with—
(i)the name, registered trade name or registered trade mark of the installer;
(ii)a single postal address at which the installer can be contacted; and
(iii)the type, batch or serial number of the lift or other element allowing the lift to be identified; and
(b)ensure that it is accompanied by the instructions referred to in [F12paragraph 7(2) of Schedule 1].
[F13(2) the information referred to in paragraph (1) must be clear, legible and in easily understandable English.]
F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F12Words in reg. 10(1)(b) substituted (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 3 (with reg. 2)
F13Reg. 10(2) substituted (E.W.S) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 8(a) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F14Reg. 10(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 8(b) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
10.—(1) Before placing a lift on the market, an installer must—
(a)ensure that it is labelled with—
(i)the name, registered trade name or registered trade mark of the installer;
(ii)a single postal address at which the installer can be contacted; and
(iii)the type, batch or serial number of the lift or other element allowing the lift to be identified; and
(b)ensure that it is accompanied by the instructions referred to in [F18paragraph 7(2) of Schedule 1].
(2) The information referred to in paragraph (1) above must be—
(a)in the case of the information referred to in paragraph (1)(a), in a language that can be easily understood by the end-users and the competent national authority in the [F19relevant state] in which the lift is to be placed on the market;
(b)in the case of the information referred to in paragraph 1(b), in a language which can be easily understood by the end-users in the [F19relevant state] in which the lift is to be placed on the market; and
(c)clear and understandable.
(3) Where the lift is to be placed on the market in [F20Northern Ireland] the language which can be easily understood by end-users is English.
Extent Information
E9This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F18Words in reg. 10(1)(b) substituted (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 6 para. 3 (with reg. 2)
F19Words in reg. 10 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 10 para. 3(3)(a)
F20Words in reg. 10 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 10 para. 3(3)(b)
11.—(1) When appropriate, having regard to the risks to the health and safety of end-users presented by a lift, the installer must investigate complaints that lifts installed by it are not in conformity with Part 2.
(2) An installer must keep a register and promptly make entries in that register of any—
(i)complaints; and
(ii)lifts that are not in conformity with Part 2.
(3) An installer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.
12.—(1) An installer who considers, or has reason to believe, that a lift which that installer has placed on the market is not in conformity with Part 2, must immediately take the corrective measures necessary to bring that lift into conformity.
(2) Where the lift presents a risk, the installer must immediately inform the market surveillance authority F15... of the risk, giving details of—
(a)the respect in which the lift is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F15Words in reg. 12(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 9 (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
12.—(1) An installer who considers, or has reason to believe, that a lift which that installer has placed on the market is not in conformity with Part 2, must immediately take the corrective measures necessary to bring that lift into conformity.
(2) Where the lift presents a risk, the installer must immediately inform the market surveillance authority, and the competent national authorities of any other [F21relevant state] in which the installer placed the lift on the market, of the risk, giving details of—
(a)the respect in which the lift is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F21Words in reg. 12(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 10 para. 3(4)
13.—(1) Following a reasoned request from the enforcing authority, and within such period as the enforcing authority may specify, an installer must provide the authority with all the information and documentation necessary to demonstrate that a lift is in conformity with Part 2—
(a)in paper or electronic form; and
(b)in a language that can be easily understood by the enforcing authority.
(2) An installer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—
(a)evaluate a lift in accordance with regulation 64 (evaluation of lifts or safety components for lifts presenting a risk); or
(b)eliminate the risks posed by a lift which the installer has placed on the market.
14. The person responsible for work on a building or construction where a lift is to be installed and the installer must—
(a)provide each other with the necessary information, and
(b)take the appropriate steps,
in order to ensure the proper operation and safe use of the lift, in particular they must take all necessary measures to ensure that shafts intended for lifts do not contain any piping or wiring or fittings other than that necessary for the operation and safety of the lift.
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