The Construction Products Regulations 2013

PART 1 U.K. PRELIMINARY

Citation and commencement U.K.

1.  These Regulations may be cited as the Construction Products Regulations 2013 and come into force on 1st July 2013.

[F1 Application U.K.

1A.   These Regulations apply in England and Wales, and Scotland.]

Textual Amendments

F1 Reg. 1A inserted by S.I. 2019/465, Sch. 2 para. 2 (as substituted) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

Interpretation U.K.

2.—(1) In these Regulations—

“the 2008 Regulation” means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 M1 ;

“the 2011 Regulation” means Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC M2 ;

[F2 “enforcement authority” means any local weights and measures authority [F3 or the Secretary of State];]

[F4 “the EU Construction Products Regulation” means Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC as it has effect in EU law as amended from time to time;]

“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 M3 ;

“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and related expressions shall be construed accordingly;

[F4 “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].

(2) A reference in the 2008 Regulation, as it applies to construction products, or the 2011 Regulation to “the market surveillance authorities” shall have effect in relation to the United Kingdom [F5 in respect of Great Britain] as a reference F6 ... to an enforcement authority.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any other expression used in these Regulations and occurring in the 2011 Regulation shall have the same meaning as it has in that Regulation.

Textual Amendments

F2 Words in reg. 2(1) substituted (31.12.2020) by S.I. 2019/465, Sch. 2 para. 3(2)(b) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

F3 Words in reg. 2(1) inserted (20.7.2022) by The Construction Products (Amendment) Regulations 2022 (S.I. 2022/712), regs. 1(3), 2(2)(a)

F4 Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/465, Sch. 2 para. 3(2)(a) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

F5 Words in reg. 2(2) inserted (31.12.2020) by S.I. 2019/465, Sch. 2 para. 3(3) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

F6 Words in reg. 2(2) omitted (20.7.2022) by virtue of The Construction Products (Amendment) Regulations 2022 (S.I. 2022/712), regs. 1(3), 2(2)(b)

F7 Reg. 2(3) omitted (31.12.2020) by virtue of S.I. 2019/465, Sch. 2 para. 3(4) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

Marginal Citations

M1 OJ No L 218, 13.8.2008, p.30.

M2 OJ No L 88, 4.4.2011, p.5.

M3 1985 c.72, as amended by Part 4 of Schedule 1 to the Statute Law (Repeals) Act 1989 (c.43), paragraph 75 of Schedule 16 to the Local Government (Wales) Act 1994 (c.19), and paragraph 144 of Schedule 13 to the Local Government etc (Scotland) Act 1994 (c.39).

Competent authority U.K.

3.—(1) The competent authority for the United Kingdom [F8 in respect of Great Britain] for the purposes F9 ... of the 2011 Regulation is—

(a) F10 ...an enforcement authority; and

(b) such person as the Secretary of State thinks fit to authorise from time to time to be a F11 ... competent authority, or to perform certain functions of a competent authority, in addition to or in substitution for the Secretary of State.

Textual Amendments

F8 Words in reg. 3(1) inserted (31.12.2020) by S.I. 2019/465, Sch. 2 para. 4(a)(i) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

F9 Words in reg. 3(1) omitted (31.12.2020) by virtue of S.I. 2019/465, Sch. 2 para. 4(a)(ii) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)

F10 Words in reg. 3(1)(a) omitted (20.7.2022) by virtue of The Construction Products (Amendment) Regulations 2022 (S.I. 2022/712), regs. 1(3), 2(3)

F11 Words in reg. 3(1)(b) omitted (31.12.2020) by virtue of S.I. 2019/465, Sch. 2 para. 4(b) (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2)