The Supply of Machinery (Safety) Regulations 2008

[F1 Transitional provisions in relation to EU Exit U.K.

30.— (1) In this regulation—

“pre-exit period” means the period beginning with 29 December 2009 and ending immediately before IP completion day;

“product” means machinery to which these Regulations apply.

(2) Where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 12 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Where during the pre-exit period—

(a) a product has not been placed on the market; and

(b) a manufacturer has taken any action to comply with regulations 10 to 12 as they had effect immediately before IP completion day in relation to that product

that action has effect as if it had been done under regulations 10 to 12 as they have effect on and after IP completion day.]

[F2 (4) Subject to paragraph (5), where before 11pm on 31st December 2024—

(a) the product has not been placed on the market or put into service; and

(b) a responsible person has taken any action under the conformity assessment procedure that applies to that product in accordance with Article 12 of the Directive

that action has effect as if it had been done under the applicable conformity assessment procedure referred to in regulation 10, 11 or 12.

(5) Paragraph (4) does not apply—

(a) after the expiry of the validity of any certificate issued pursuant to the applicable conformity assessment procedure; and

(b) in any event, after 31st December 2027.]

Textual Amendments

F1 Regs. 30, 31 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. 12 para. 22 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(d)(viii) and S.I. 2020/1460, Sch. 3 para. 2(1)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 30(4)(5) inserted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 6(2)