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Supply of gas appliances and fittings

Appliances and fittings to satisfy the essential requirements and to be safe

7.—(1) No manufacturer or his authorised representative established in the Community shall supply an appliance or a fitting which does not satisfy the essential requirements.

(2) No person shall supply an appliance which, when normally used, is not safe; and, in this paragraph, “normally used” in relation to use means use—

(a)when correctly installed and regularly serviced in accordance with the manufacturer’s instructions referred to in paragraph 1(2) of Annex 1 of the Directive (set out in Schedule 3);

(b)within the normal variations of gas quality and pressure; and

(c)in accordance with its intended purpose or in a way which can reasonably be foreseen.

(3) No person shall supply—

(a)an appliance to which the CE Marking has not been affixed; or

(b)a fitting without a fitting certificate which has been issued,

Obligation on suppliers of appliances and fittings

8.  No manufacturer or his authorised representative established in the Community shall supply an appliance or a fitting in respect of which there is not in force at that time—

(a)an EC type-examination certificate and an EC declaration of conformity to type made in accordance with regulation 23; or

(b)an EC type-examination certificate and

(i)either—

(aa)an EC declaration of conformity (guarantee of production or product quality) made in accordance with regulation 16; or

(bb)an EC declaration of conformity (EC verification) made in accordance with regulation 17; and

(ii)either—

(aa)an EC declaration of conformity issued by a notified body under regulation 19 or 20; or

(bb)a fitting certificate issued under regulation 25(4); or

(c)an EC declaration of conformity (EC unit verification) made in accordance with regulation 18 and an EC certificate of conformity issued by a notified body under regulation 21,

or a corresponding declaration issued by a manufacturer or his authorised representative established in the Community, or a corresponding certificate issued, under the law of another member State.

Application of regulations 7 and 8

9.  Regulations 7 and 8 do not apply in any case in which the person placing an appliance or fitting on the market reasonably believes that it will not be put into service in the United Kingdom or in any other member State.