9.—(1) The Lifts Regulations 2016 M1 are amended as follows.N.I.
(2) In regulation 2(1) after the definition of “technical specification” insert—
““UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;”.
(3) In Part 3, after regulation 50 insert—
50A.—(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the lift or safety component, in accordance with this regulation.
(2) The UK(NI) indication must be affixed—
(a)visibly, legibly and indelibly; and
(b)before a lift or safety component is placed on the market in Northern Ireland.
(3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 50.
(4) The UK(NI) indication must be affixed by—
(a)the manufacturer; or
(b)the manufacturer's authorised representative.
(5) When placing a lift or safety component on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.
50B.—(1) The Secretary of State must ensure that—
(a)each notified body established in the United Kingdom is assigned an identification number; and
(b)there is a register of—
(i)notified bodies established in the United Kingdom;
(ii)their notified body identification number;
(iii)the activities for which they have been notified;
(iv)any restrictions on those activities.
(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.
(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).”.
(4) After regulation 68(1)(a) insert—
“(aa)the UK(NI) indication—
(i)has not been affixed, in contravention of regulation 50A; or
(ii)has been affixed other than in accordance with regulation 50A;”.
(5) In regulation 71—
(a)in paragraph (1) after “(2)” insert “ and (3) ”;
(b)after paragraph (2) insert—
“(3) A person guilty of an offence under regulation 70(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.
Commencement Information
I1Sch. 2 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M1S.I. 2016/1093, amended by S.I. 2016/1186 and S.I. 2018/389; amendments extending only to Great Britain are also made prospectively with effect from IP completion day, by S.I. 2019/696; the instrument was saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018 (c.16).