The Supply of Machinery (Safety) Regulations 2008

Regulations 4(1)(a)(ii) and 6(2)(b)

SCHEDULE 3 U.K. PRODUCTS TO WHICH THE REGULATIONS DO NOT APPLY

1.  These Regulations do not apply to— E+W+S

(a) safety components which are—

(i) intended to be used as spare parts to replace identical components; and

(ii) supplied by the manufacturer of the original machinery;

(b) equipment specifically for use in fairgrounds and/or amusement parks;

(c) machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity;

(d) weapons, including firearms;

(e) subject to paragraph 2, the following means of transport—

(i) agricultural and forestry tractors, in respect of the risks covered by [F1 Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time];

(ii) motor vehicles and trailers as defined in [F2 Article 3(16) and (17) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles];

[F3 (iii) vehicles covered by Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time;]

(iv) motor vehicles exclusively intended for competition; and

(v) means of transport by air, on water and on rail networks,

(f) seagoing vessels, mobile offshore units and machinery installed on board such vessels or units;

(g) machinery specially designed and constructed for military or police purposes;

(h) machinery specially designed and constructed for research purposes for temporary use in laboratories;

(i) mine winding gear;

(j) machinery intended to move performers during artistic performances;

(k) electrical and electronic products falling within the following areas, insofar as they are covered by [F4 The Electrical Equipment (Safety) Regulations 2016] relating to electrical equipment designed for use within certain voltage limits—

(i) household appliances intended for domestic use,

(ii) audio and video equipment,

(iii) information technology equipment,

(iv) ordinary office machinery,

(v) low-voltage switchgear and control gear,

(vi) electric motors; and

(l) the following types of high-voltage electrical equipment—

(i) switch gear and control gear, and

(ii) transformers.

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 Sch. 3 para. 1(e)(i) substituted (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 2 para. 2 (with reg. 1(c), Sch. 1 paras. 16, 17)

F2 Words in Sch. 3 para. 1(e)(ii) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 21(2)(a) (with Sch. 4 paras. 16, 17)

F3 Sch. 3 para. 1(e)(iii) substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 6 (with reg. 1(c), Sch. 1 paras. 16, 17)

F4 Words in Sch. 3 para. 1(k) 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. 12 para. 32(b) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

1.  These Regulations do not apply to— N.I.

(a) safety components which are—

(i) intended to be used as spare parts to replace identical components; and

(ii) supplied by the manufacturer of the original machinery;

(b) equipment specifically for use in fairgrounds and/or amusement parks;

(c) machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity;

(d) weapons, including firearms;

(e) subject to paragraph 2, the following means of transport—

(i) agricultural and forestry tractors, in respect of the risks covered by [F6 Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time];

(ii) motor vehicles and trailers as defined in [F7 Article 3(16) and (17) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles];

[F8 (iii) vehicles covered by Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time;]

(iv) motor vehicles exclusively intended for competition; and

(v) means of transport by air, on water and on rail networks,

(f) seagoing vessels, mobile offshore units and machinery installed on board such vessels or units;

(g) machinery specially designed and constructed for military or police purposes;

(h) machinery specially designed and constructed for research purposes for temporary use in laboratories;

(i) mine winding gear;

(j) machinery intended to move performers during artistic performances;

(k) electrical and electronic products falling within the following areas, insofar as they are covered by Council Directive 2006/95/EC of 12 December 2006 F9 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits—

(i) household appliances intended for domestic use,

(ii) audio and video equipment,

(iii) information technology equipment,

(iv) ordinary office machinery,

(v) low-voltage switchgear and control gear,

(vi) electric motors; and

(l) the following types of high-voltage electrical equipment—

(i) switch gear and control gear, and

(ii) transformers.

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

F6 Words in Sch. 3 para. 1(e)(i) substituted (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 2 para. 2 (with reg. 1(c), Sch. 1 paras. 16, 17)

F7 Words in Sch. 3 para. 1(e)(ii) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 21(2)(a) (with Sch. 4 paras. 16, 17)

F8 Sch. 3 para. 1(e)(iii) substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 6 (with reg. 1(c), Sch. 1 paras. 16, 17)

F9 O.J. No. L 374, 27.12.2006, p.10.

2.  The following products are subject to these Regulations— U.K.

(a) machinery mounted on vehicles of the kinds specified in paragraph 1(e)(i) to (iii);

(b) products which—

(i) but for regulations 4(1)(a)(iii) and 6(2)(b) and paragraph 1(e)(ii), would be machinery or partly completed machinery;

(ii) fall within one of the categories specified in Article 2(3)(a) to (c) or 2(4)(b) of [F5 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles]; and

(iii) are not excluded from these Regulations by paragraph 1(g)); and

(c) machinery mounted on the means of transport specified in paragraph 1(e)(v).

Textual Amendments

F5 Words in Sch. 3 para. 2(b)(ii) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 21(2)(b) (with Sch. 4 paras. 16, 17)