This is the original version (as it was originally made).
(This note does not form part of the Regulations)
These Regulations consolidate with amendments the Gas Appliances (Safety) Regulations 1992 (S.I. 1992/711) (the “1992 Regulations”). They implement Council Directive 90/396/EEC (O.J. No. L196, 26.7.1990, p. 15) on the approximation of the laws of the member States relating to appliances burning gaseous fuels (“the Gas Appliances Directive”), as amended by Council Directive 93/68/EEC (O.J. No. L220, 30.8.1993, p. 1) (the “CE Marking Directive”).
The 1992 Regulations required the gas appliances and fittings to which they applied to conform with the essential requirements detailed in Schedule 3 and to be safe when normally used. Series-manufactured products were also required to undergo EC type-examination together with one of a number of prescribed options for production control, at the choice of the manufacturer, conducted by third-party notified bodies (regulations 8, 10–18, 20–23). Single appliances or small numbers may be subject to EC unit verification (regulations 8 and 19). The 1992 Regulations are subject to transitional arrangements which applied until 31st December 1995, in which the manufacturer could choose to comply with the provisions of the 1992 Regulations which implemented the Directive or with the legislative provisions which applied before 1st January 1992 (regulation 4).
These Regulations re-enact those requirements (with certain minor amendments) (regulations 4(1)(c) and 4(5), 8 and 23).
Second-hand appliances are not covered by these Regulations but they retain in force, for second-hand gas appliances only, the Gas Cooking Appliances (Safety) Regulations 1989(1) and the Heating Appliances (Fireguard) (Safety) Regulations 1991(2) (regulation 1(3)).
Those provisions of the CE Marking Directive which relate to gas appliances are implemented for the first time by these Regulations as follows—
(a)provision is made to require manufacturers choosing the production monitoring procedures described as EC verification and EC unit verification to ensure and make a declaration to the effect that the appliance conforms with the Directive (an EC Declaration of Conformity) (EC verification or EC unit verification) (regulations 17 and 18);
(b)the appliance category is required on the appliance or data plate to accompany the CE Marking (regulation 25(1));
(c)other markings on the product likely to deceive third parties as to the meaning and form of CE Marking are prohibited (regulation 25(2));
(d)during the transitional period of any Directives which might apply, the accompanying documentation must state which Directives have been applied (regulation 26(2));
(e)the issuing of a compliance notice is provided for in respect of gas appliances to which the CE Marking has been unduly affixed, save where the gas appliance in question is likely to damage the health or safety of any person (regulation 27);
(f)the CE Marking is redefined, to be followed by the identification number of the notified body involved in the production control phase (Schedule 2).
The Regulations come into force on 18th July 1995 but they do not apply to any gas appliances which are placed on the market before 1st January 1997 and which comply with the provisions of the 1992 Regulations (regulation 4(4)).
A Compliance Cost Assessment in respect of these Regulations is available and a copy can be obtained from the Consumer Affairs Division of the Department of Trade and Industry, 4.E.6 , 1 Victoria Street, London SW1H 0ET. A copy has also been placed in the Library of both Houses of Parliament.
S.I. 1989/149.
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