PART 6 U.K.Miscellaneous

Consequential revocations, savings and amendments E+W+S

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

(2) [F1 Subject to the modifications made in paragraph (3A), the] 1997 Regulations continue to apply, as if they had not been revoked, to lifts and safety components for lifts placed on the market before the commencement date.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 M1 ;

(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 [F2 , subject to the modifications made in paragraph (3A),] in relation to lifts and safety components for lifts placed on the market before the commencement date.

[F3 (3A) The modifications referred to in paragraphs (2) and (3) are as follows—

(a) any reference to the “Community” is to be read as including the United Kingdom;

(b) any reference to a “member State” is to be read as including the United Kingdom;

(c) in regulation 11(3) omit paragraph (a);

(d) in Schedule 5 in Part A and in Part B—

(i) in paragraph (5) omit the words from “The Commission” to “carried out.”; and

(ii) in paragraph (7) omit the words after “issued”;

(e) in Schedules 7, 8, 11,12 and 13—

(i) in paragraph (5), for “national” substitute “ enforcement ”; and

(iv) in paragraph (6) omit “and withdrawn”;

(f) in paragraph (6) of Schedule 15, omit “with a view to this information being passed by him to the Commission”.]

(4) In Schedule 1 to the Provision and Use of Work Equipment Regulations 1998 M2 —

(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 M3 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 M4 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 M5 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 M6 , 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 M7 , 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);”.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in reg. 83(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. 38(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)

F2 Words in reg. 83(3) inserted (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. 38(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)

F3 Reg. 83(3A) inserted (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. 38(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)

Marginal Citations

M1 2015 c.15.

M2 S.I. 1998/2306, to which there are amendments not relevant to these Regulations.

M3 S.R. 1999/305, to which there are amendments not relevant to these Regulations.

M4 S.I. 1998/2307, to which there are amendments not relevant to these Regulations.

M5 S.R. 1999 No. 304, to which there are amendments not relevant to these Regulations.

M6 S.I. 2004/129, to which there are amendments not relevant to these Regulations.

M7 S.I. 2004/693, to which there are amendments not relevant to these Regulations.

Consequential revocations, savings and amendments N.I.

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 F4 ;

(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 F5 —

(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 F6 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 F7 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 F8 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 F9 , 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 F10 , 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);”.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F4 2015 c.15.

F5 S.I. 1998/2306, to which there are amendments not relevant to these Regulations.

F6 S.R. 1999/305, to which there are amendments not relevant to these Regulations.

F7 S.I. 1998/2307, to which there are amendments not relevant to these Regulations.

F8 S.R. 1999 No. 304, to which there are amendments not relevant to these Regulations.

F9 S.I. 2004/129, to which there are amendments not relevant to these Regulations.

F10 S.I. 2004/693, to which there are amendments not relevant to these Regulations.