The Lifts Regulations 2016

PART 6 Miscellaneous

Review

81.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning on the commencement date.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

Transitional provisions

82.—(1) For the purposes of these Regulations, a certificate or approval decision issued by a notified body under the 1997 Regulations, or any enactment of another member State which implemented the 1995 Directive, is to be treated as a certificate or approval decision issued under the Directive.

(2) In this regulation, “1995 Directive” means Directive 95/16/EC of the European Parliament and of the Council on the approximation of the laws of the member States relating to lifts(1).

Consequential revocations, savings and amendments

83.—(1) Subject to paragraph (2), the 1997 Regulations are revoked.

(2) The 1997 Regulations continue to apply, as if they had not been revoked, to lifts and safety components for lifts placed on the market before the commencement date.

(3) Accordingly, despite their repeal by paragraph (12)—

(a) the entry in paragraph 3(3) of Schedule 5 to the Consumer Rights Act 2015(2);

(b) the entries in paragraph 9(3) of that Schedule; and

(c) the entry in paragraph 10 of that Schedule relating to the 1997 Regulations,

relating to the 1997 Regulations, continue to have effect in relation to lifts and safety components for lifts placed on the market before the commencement date.

(4) In Schedule 1 to the Provision and Use of Work Equipment Regulations 1998(3)—

(a) omit the entry relating to the 1997 Regulations; and

(b) insert a new entry at the end, as follows—

(i) in the first column, add “The Lifts Regulations 2016”; and

(ii) in the second column, add “SI 2016/1093”.

(5) For the purposes of the enforcement of regulation 10 of the Provision and Use of Work Equipment Regulations 1998, those Regulations have effect as if the addition of the reference to the Lifts Regulations 2016 in Schedule 1 to those Regulations, effected by paragraph (4), had been made by means of regulations made under section 15 of the 1974 Act.

(6) Schedule 2 to the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999(4) is amended as follows—

(a) omit the entry relating to the 1997 Regulations; and

(b) insert a new entry at the end, as follows—

(i) in the first column, add “The Lifts Regulations 2016”; and

(ii) in the second column, add “SI 2016/1093”.

(7) For the purposes of the enforcement of regulation 10 of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999, those Regulations have effect as if the addition of the reference to the Lifts Regulations 2016 in Schedule 2 to those Regulations, effected by paragraph (6), had been made by means of regulations made under Article 17 of the 1978 Order.

(8) The Lifting Operations and Lifting Equipment Regulations 1998(5) are amended as follows—

(a) in regulation 2(1), in the definition of “EC declaration of conformity”, for “regulation 8(2)(d) of the Lifts Regulations 1997”, substitute “regulation 49 of the Lifts Regulations 2016”; and

(b) in regulation 9(1)(b), for “the Lifts Regulations 1997”, substitute “the Lifts Regulations 2016”.

(9) The Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999(6) are amended as follows—

(a) in regulation 2, in the definition of “EC declaration of conformity”, for “regulation 8(2)(d) of the Lifts Regulations 1997”, substitute “regulation 49 of the Lifts Regulations 2016”; and

(b) in regulation 9(1)(b), for “the Lifts Regulations 1997”, substitute “the Lifts Regulations 2016”.

(10) In regulation 3(2)(a) of the Cableway Installations Regulations 2004(7), for “the Lifts Regulations 1997”, substitute “the Lifts Regulations 2016”.

(11) In Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information Specification) Order 2004(8), for “Lifts Regulations 1997”, substitute “Lifts Regulations 2016”.

(12) Subject to paragraph (3), Schedule 5 to the Consumer Rights Act 2015 is amended as follows—

(a) in paragraph 3(3), for “paragraph 3(1) of Schedule 15 to the Lifts Regulations 1997 (SI 1997/831)”, substitute “regulation 61(1) and (2) of the Lifts Regulations 2016 (SI 2016/1093)”;

(b) in paragraph 9(3)—

(i) for “Lifts Regulations 1997 (SI 1997/831)”, substitute “Lifts Regulations 2016 (SI 2016/1093)”;

(ii) for “relevant products (within the meaning of Schedule 15 to the Regulations) for private use and consumption”, substitute “lifts for private use and consumption and safety components for such lifts”;

(c) in paragraph 10—

(i) omit the entry “paragraph 2(a) or 3(1) of Schedule 15 to the Lifts Regulations 1997 (SI 1997/831)”; and

(ii) at the appropriate place, insert—

“regulation 61(1) or (2) of the Lifts Regulations 2016 (SI 2016/1093);”.

(1)

OJ L 213, 7.9.1995, p.1; as last amended by Regulation (EU) No 1025/2012 of the European Parliament and of the council of 25 October 2012 (OJ L 316, 14.11.2012, p.12).

(2)

2015 c.15.

(3)

S.I. 1998/2306, to which there are amendments not relevant to these Regulations.

(4)

S.R. 1999/305, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1998/2307, to which there are amendments not relevant to these Regulations.

(6)

S.R. 1999 No. 304, to which there are amendments not relevant to these Regulations.

(7)

S.I. 2004/129, to which there are amendments not relevant to these Regulations.

(8)

S.I. 2004/693, to which there are amendments not relevant to these Regulations.