The Construction Products Regulations 1991

Regulation 2(1)

SCHEDULE 1 FORM OF EC MARK TO BE PLACED ON OR TO ACCOMPANY PRODUCTS

Regulation 2(1)

SCHEDULE 2 ANNEX I OF COUNCIL DIRECTIVE OF 21st DECEMBER 1988 ON THE APPROXIMATION OF LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO CONSTRUCTION PRODUCTSESSENTIAL REQUIREMENTS

The products must be suitable for construction works which (as a whole and in their separate parts) are fit for their intended use, account being taken of economy, and in this connection satisfy the following essential requirements where the works are subject to regulations containing such requirements. Such requirements must, subject to normal maintenance, be satisfied for an economically reasonable working life. The requirements generally concern actions which are foreseeable.

Mechanical resistance and stability

1.  The construction works must be designed and built in such a way that the loadings that are liable to act on it during its constructions and use will not lead to any of the following:

(a) collapse of the whole or part of the work;

(b) major deformations to an inadmissible degree;

(c) damage to other parts of the works or to fittings or installed equipment as a result of major deformation of the load-bearing construction;

(d) damage by an event to an extent disproportionate to the original cause.

Safety in case of fire

2.  The construction works must be designed and built in such a way that in the event of an outbreak of fire:

• the load-bearing capacity of the construction can be assumed for a specific period of time,

• the generation and spread of fire and smoke within the works are limited,

• the spread of fire to neighbouring construction works is limited,

• occupants can leave the works or be rescued by other means,

• the safety of rescue teams is taken into consideration.

Hygiene, health and the environment

3.  The construction work must be designed and built in such a way that it will not be a threat to the hygiene or health of the occupants or neighbours, in particular as a result of any of the following:

• the giving-off of toxic gas,

• the presence of dangerous particles or gases in the air,

• the emission of dangerous radiation,

• pollution or poisoning of the water or soil,

• faulty elimination of waste water, smoke, solid or liquid wastes,

• the presence of damp in parts of the works or on surfaces within the works.

Safety in use

4.  The construction work must be designed and built in such a way that it does not present unacceptable risks of accidents in service or in operation such as slipping, falling, collision, burns, electrocution, injury from explosion.

Protection against noise

5.  The construction works must be designed and built in such a way that noise perceived by the occupants or people nearby is kept down to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions.

Energy economy and heat retention

6.  The construction works and its heating, cooling and ventilation installations must be designed and built in such a way that the amount of energy required in use shall be low, having regard to the climatic conditions of the location and the occupants.

Regulation 2(1)

SCHEDULE 3 ATTESTATION OF CONFORMITY WITH RELEVANT TECHNICAL SPECIFICATIONS

1.  An EC certificate of conformity may be issued for a system of production control and surveillance or for a product itself. 2. An EC certificate of conformity may be issued by a certification body on the basis of one or more of–

(a) (tasks for the manufacture)

(i) factory production control;

(ii) further testing of samples taken at the place of manufacture by the manufacturer in accordance with a prescribed test plan;

(b) (tasks for the approved body)

(iii) initial type-testing of the product;

(iv) initial inspection of factory and of factory production control;

(v) continuous surveillance, assessment and approval of factory production control;

(vi) possibly, audit-testing of samples taken at the factory, on the market or on the construction site.

3.  The EC certificate of conformity shall be presented in the official language or languages of the member State in which the product is to be used and shall contain in particular:

• the name and address of the certification body;

• the name and address of the manufacturer or his agent established in the Community;

• a description of the product (type, identification, use etc.);

• the provisions to which the product conforms;

• any particular conditions applicable to the use of the product;

• the certificate’s number;

• the conditions and period of validity of the certificate, where applicable;

• the name of, and position held by, the person empowered to sign the certificate.

4.  An EC declaration of conformity for a product may be made by the manufacturer, or his agent established in the Community, on the basis of such one of the following possibilities as is indicated in the relevant technical specification or in the publication of that specification:

• First possibility:

  (a)

  (tasks for the manufacturer)

  (i)

  initial type-testing of the product;

  (ii)

  factory production control;

  (iii)

  possibly, testing of samples taken at the factory in accordance with a prescribed test plan;

  (b)

  (tasks for the approved body)

  (iv)

  certification of factory production control on the basis of–

  • initial inspection of place of manufacture and of factory production control,

  • possibly, continuous surveillance, assessment and approval of factory production control.

• Second possibility:

  (i)

  initial type-testing of the product by an approved laboratory;

  (ii)

  factory production control.

• Third possibility:

  (i)

  initial type-testing of the product by the manufacturer;

  (ii)

  factory production control.

5.  An EC delcaration of conformity shall be presented in the official language or languages of the member State in which the product is to be used and shall contain in particular:

• the name and address of the manufacturer or his agent established in the Community;

• a description of the product (type, identification, use, etc.);

• the provision to which the product conforms;

• any particular conditions applicable to the use of the product;

• the name and address of the approved body, where applicable;

• the name of, and position held by, the person empowered to sign the declaration on behalf of the manufacturer or of his authorised representative.

6.  In the case of individual (and non-series) production, a declaration of conformity in accordance with paragraph 4, third possibility, shall be the appropriate attestation procedure unless the relevant technical specifications provide otherwise.

Regulation 9

SCHEDULE 4 PROHIBITION NOTICES AND NOTICES TO WARN

PART I PROHIBITION NOTICES

1.  A prohibition notice in respect of any construction products shall–

(a) state that the Secretary of State considers that the products do not satisfy the relevant requirement in regulation 3;

(b) set out the reasons why the Secretary of State considers that the products do not satisfy that requirement;

(c) specify the day on which the notice is to come into force; and

(d) state that the supplier may at any time make representations in writing to the Secretary of State for the purpose of establishing that the products satisfy the relevant requirement in regulation 3.

2.—(1) If representations in writing about a prohibition notice are made by the supplier to the Secretary of State, it shall be the duty of the Secretary of State to consider whether to revoke the notice and–

(a) if he decides to revoke it, to do so;

(b) in any other case, to appoint a person to consider those representations, any further representations made (whether in writing or orally) by the supplier about the notice and the statements of any witnesses examined under this Part of this Schedule.

(2) Where the Secretary of State has appointed a person to consider representations about a prohibition notice, he shall serve a notification on the supplier which–

(a) states that the supplier may make oral representations to the appointed person for the purpose of establishing that the products to which the notice relates satisfy the relevant requirement in regulation 3; and

(b) specifies the place and time at which the oral representations may be made.

(3) The time specified in a notification served under sub-paragraph (2) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the supplier otherwise agrees.

(4) A person on whom a notification has been served under sub-paragraph (2) above or his representative may, at the place and time specified in the notification–

(a) make oral representations to the appointed person for the purpose of establishing that the products in question satisfy the relevant requirement in regulation 3; and

(b) call and examine witnesses in connection with the representations.

3.—(1) Where representations in writing about a prohibition notice are made by the supplier to the Secretary of State at any time after a person has been appointed to consider representations about that notice, then, whether or not the appointed person has made a report to the Secretary of State, the following provisions of this paragraph shall apply instead of paragraph 2 above.

(2) The Secretary of State shall, before the end of the period of one month beginning with the day on which he receives the representations, serve a notification on the supplier which states–

(a) that the Secretary of State has decided to revoke the notice, has decided to vary it or, as the case may be, has decided neither to revoke nor vary it; or

(b) that, a person having been appointed to consider representations about the notice, the supplier may, at a place and time specified in the notification, make oral representations to the appointed person for the purpose of establishing that the products to which the notice relates satisfy the relevant requirement in regulation 3.

(3) The time specified in a notification served for the purposes of sub-paragraph (2)(b) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the supplier otherwise agrees or the time is the time already specified for the purposes of paragraph 2(2)(b) above.

(4) A person on whom a notification has been served for the purposes of sub-paragraph (2)(b) above or his representative may, at the place and time specified in the notification–

(a) make oral representations to the appointed person for the purpose of establishing that the products in question satisfy the relevant requirement in regulation 3; and

(b) call and examine witnesses in connection with the representations.

4.—(1) Where a person is appointed to consider representations about a prohibition notice, it shall be his duty to consider–

(a) any written representations made by the supplier about the notice, other than those in respect of which a notification is served under paragraph 3(2)(a) above;

(b) any oral representations made under paragraph 2(4) or 3(4) above; and

(c) any statement made by witnesses in connection with the oral representations,

and, after considering any matters under this paragraph, to make a report (including recommendations) to the Secretary of State about the matters considered by him and the notice.

(2) It shall be the duty of the Secretary of State to consider any report made to him under subparagraph (1) above and, after considering the report, to inform the supplier of his decision with respect to the prohibition notice to which the report relates.

5.—(1) The Secretary of State may revoke or vary a prohibition notice by serving on the supplier a notification stating that the notice is revoked or, as the case may be, is varied as specified in the notification.

(2) The Secretary of State shall not vary a prohibition notice so as to make the effect of the notice more restrictive for the supplier.

(3) The service of a notification under sub-paragraph (1) above shall be sufficient to satisfy the requirement of paragraph 4(2) above that the supplier shall be informed of the Secretary of State’s decision.

PART II NOTICES TO WARN

6.—(1) if the Secretary of State proposes to serve a notice to warn on any person in respect of any construction products, the Secretary of State, before he serves the notice, shall serve on that person a notification which–

(a) contains a draft of the proposed notice;

(b) states that the Secretary of State proposes to serve a notice in the form of the draft on that person;

(c) states that the Secretary of State considers that the products described in the draft do not satisfy the relevant requirement in regulation 3;

(d) sets out the reasons why the Secretary of State considers that the products do not satisfy that requirement; and

(e) states that that person may make representations to the Secretary of State for the purpose of establishing that the products do satisfy the requirement if, before the end of the period the fourteen days beginning with the day on which the notification is served, he informs the Secretary of State–

(i) of his intention to make representations; and

(ii) whether the representations will be made only in writing or both in writing and orally.

(2) Where the Secretary of State has served a notification containing a draft of a proposed notice to warn on any person, he shall not serve a notice to warn on that person in respect of the products to which the proposed notice relates unless–

(a) the period of fouteen days beginning with the day on which the notification was served expires without the Secretary of State being informed as mentioned in sub-paragraph (1)(e) above;

(b) the period of twenty-eight days beginning with that day expires without any written representations being made by that person to the Secretary of State about the proposed notice; or

(c) the Secretary of State has considered a report about the proposed notice by a person appointed under paragraph 7(1) below.

7.—(1) Where a person on whom a notification containing a draft of a proposed notice to warn has been served–

(a) informs the Secretary of State as mentioned in paragraph 6(1)(e) above before the end of the period of fourteen days beginning with the day on which the notification was served; and

(b) makes written representations to the Secretary of State about the proposed notice before the end of the period of twenty-eight days beginning with that day,

the Secretary of State shall appoint a person to consider those representations, any further representations made by that person about the draft notice and the statements of any witnesses examined under this Part of this Schedule.

(2) Where–

(a) the Secretary of State has appointed a person to consider representations about a notice to warn; and

(b) the person whose representations are to be considered has informed the Secretary of State for the purposes of paragraph 6(1)(e) above that the representations he intends to make will include oral representations,

the Secretary of State shall inform the person intending to make the representations of the place and time at which oral representations may be made to the appointed person.

(3) Where a person on whom a notification containing a draft of a proposed notice to warn has been served is informed of a time for the purposes of sub-paragraph (2) above, that time shall not be–

(a) before the end of the period of twenty-eight days beginning with the day on which the notification was served; or

(b) before the end of the period of seven days beginning with the day on which that person is informed of the time.

(4) A person who has been informed of a place and time for the purposes of sub-paragraph (2) above or his representative may, at that place and time–

(a) make oral representations to the appointed person for the purpose of establishing that the products to which the proposed notice relates satisfy the relevant requirement in regulation 3; and

(b) call and examine witnesses in connection with the representations.

8.—(1) Where a person is appointed to consider representations about a proposed notice to warn, it shall be his duty to consider–

(a) any written representations made by the person on whom it is proposed to serve the notice; and

(b) in a case where a place and time has been appointed under paragraph 7(2) above for oral representations to be made by that person or his representative, any representations so made and any statements made by witnesses in connection with those representations,

and, after considering those matters, to make a report (including recommendations) to the Secretary of State about the matters considered by him and the proposal to serve the notice.

(2) It shall be the duty of the Secretary of State to consider any report made to him under subparagraph (1) above and, after considering the report, to inform the person on whom it was proposed that a notice to warn should be served of his decision with respect to the proposal.

(3) If at any time after serving a notification on a person under paragraph 6 above the Secretary of State decides not to serve on that person either the proposed notice to warn or that notice with modifications, the Secretary of State shall inform that person of the decision; and nothing done for the purposes of any of the preceding provisions of this Part of this Schedule before that person was so informed shall–

(a) entitle the Secretary of State subsequently to serve the proposed notice or that notice with modifications; or

(b) require the Secretary of State, or any person appointed to consider representations about the proposed notice, subsequently to do anything in respect of, or in consequence of, any such representations.

(4) Where a notification containing a draft of a proposed notice to warn is served on a person in respect of any products, a notice to warn served on him in consequence of a decision made under sub-paragraph (2) above shall either be in the form of the draft or shall be less onerous than the draft.

9.  The Secretary of State may revoke a notice to warn by serving on the person on whom the notice was served a notification stating that the notice is revoked.

PART III GENERAL

10.—(1) Where in a notification served on any person under this Schedule the Secretary of State has appointed a time for the making of oral representations or the examination of witnesses, he may, by giving that person such notification as the Secretary of State considers appropriate, change the time to a later time or appoint further times at which further representations may be made or the examination of witnesses may be continued; and paragraphs 2(4), 3(4) and 7(4) above shall have effect accordingly.

(2) For the purposes of this Schedule the Secretary of State may appoint a person (instead of the appointed person) to consider any representations or statements, if the person originally appointed, or last appointed under this sub-paragraph, to consider those representations or statements has died or appears to the Secretary of State to be otherwise unable to act.

11.  In this Schedule–

• “the appointed person”, in relation to a prohibition notice or a proposal to serve a notice to warn, means the person for the time being appointed under this Schedule to consider representations about the notice or, as the case may be, about the proposed notice;

• “notification” means a notification in writing;

• “supplier”, in relation to a prohibition notice, means the person on whom the notice is or was served.