The Gas Appliances (Safety) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive No. 90/396/EEC on the approximation of the laws of the member States relating to appliances burning gaseous fuels (“the Directive”).

The Regulations require gas appliances and fittings to conform with the essential requirements detailed in Schedule 3 and to be safe when normally used (regulation 7). “Safe” has the same meaning as in section 19(1) of the Consumer Protection Act 1987 but also includes the risk of death or injury to domestic animals or of damage to property (regulation 2(1)).

Regulation 3(1) provides that in the case of gas appliances which conform with relevant national standards (defined in regulation 2(1)) there shall be a presumption of conformity with the essential requirements.

Until 31st December 1995, manufacturers have the choice of complying with the provisions of the Regulations which implement the Directive or with the legislative regime which applied before 1st January 1992, that is to say, the Gas Cooking Appliances (Safety) Regulations 1989, the Heating Appliances (Fireguards) (Safety) Regulations 1991 and the general safety requirement under section 10 of the Consumer Protection Act 1987 and the general duties of manufacturers etc. as regards articles and substances for use at work under section 6 of the Health and Safety at Work Etc. Act 1974. Secondhand appliances are not covered under these Regulations (regulation 4).

Regulations 5 and 6 make provision for the appointment and functions of notified bodies and the fees chargeable by them for work done under the Regulations.

Regulations 8 to 23 describe the alternative means of certification and attestation available to the manufacturer for meeting the requirements for type-examination and production monitoring of gas appliances or fittings by a notified body.

(1) For series manufactured appliances or fittings, these are EC type-examination of a sample of an appliance or fitting (“type”) conducted by a notified body (regulation 10) followed by production monitoring involving a notified body to ensure conformity of the production with the type and with the essential requirements. The manufacturer may chose either—

(a) EC surveillance involving random examinations and checks on appliances or fittings conducted by a notified body (regulation 22). Subject to satisfactory surveillance the manufacturer may issue an EC declaration of conformity to type and affix the EC mark (see example in Schedule 3) or, for fittings, issue a fitting certificate (regulation 21); or

(b) quality assurance either for the product or for the production system, approved by a notified body and subject to its subsequent surveillance (regulations 14 and 22). Subject to satisfactory surveillance, the manufacturer may issue an EC declaration of conformity (guarantee of product or production quality) and affix the EC mark or, for fittings, issue a fitting certificate (regulation 16); or

(c) EC verification of conformity by a notified body of each individual appliance or fitting, or of a statistical sample of a batch. If satisfied, the notified body will issue an EC certificate of conformity and the EC mark will be affixed by the notified body or the manufacturer or, for fittings, a fitting certificate will be issued (regulations 17 and 18).

(2) In the case of individual appliances, or of small numbers, each appliance may be subject to EC unit verification involving detailed examinations and checks by a notified body. If satisfied, the notified body will issue an EC certificate of conformity and will affix the EC mark (regulation 19).

Regulation 24 describes the requirements for affixing the EC mark to appliances and for providing fitting certificates for fittings. The affixing of the EC mark indicates that all relevant directives are complied with (regulation 25).

Regulations 27 and 28 make provision for offences.

Regulation 27 creates offences relating to domestic animals and property and, save in relation to those risks, the Regulations are to be treated as safety regulations within the meaning of the Consumer Protection Act 1987 and enforced under its provisions (regulation 30).

The Regulations may be enforced by Weights and Measures Authorities in Great Britain and by district councils in Northern Ireland. The Health and Safety Executive may make arrangements for the enforcement of the Regulations under the Health and Safety at Work etc. Act 1974 (regulation 28).

Copies of the national standards referred to in the Regulations may be obtained from the Sales Department, British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.