The Gas Appliances (Safety) Regulations 1995

Interpretation

2.—(1) In these Regulations, subject to the provisions of this paragraph and unless the context otherwise requires,—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974(1);

“the 1987 Act” means the Consumer Protection Act 1987;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978(2)

“appliance” means an appliance burning gaseous fuel (that is to say, any fuel which is in a gaseous state at a temperature of 15 degrees Celsius at a pressure of 1 bar) used for cooking, heating, hot water production, refrigeration, lighting or washing and having, where applicable, a normal water temperature not exceeding 105 degrees Celsius and includes forced draught burners and heating bodies to be equipped with such burners but does not include an appliance specifically designed for use in an industrial process carried out on industrial premises;

“appropriate fee” has the meaning assigned to it in regulation 6;

“CE Marking” means the CE conformity marking referred to in regulation 25 consisting of the initials “CE” taking the form of the specimen given in Schedule 2;

“the Commission” means the Commission of the European Communities;

“the Community” means the European Community and other member States;

“the Department” means the Department of Economic Development;

“the Directive” means Council Directive 90/396/EEC on the approximation of the laws of member States relating to appliances burning gaseous fuels(3); as amended by Council Directive 93/68/EEC(4);

“design documentation” means the documentation referred to in Annex IV of the Directive which is set out in Schedule 1;

“documentation of the quality system” shall be construed in accordance with regulation 14(3);

“EC certificate of conformity” means a certificate of conformity issued under regulation 19, 20 or 21;

“EC declaration of conformity (EC verification)” shall be construed in accordance with regulation 17;

“EC declaration of conformity (EC unit verification)” shall be construed in accordance with regulation 18;

“EC declaration of conformity (guarantee of product or production quality)” shall be construed in accordance with regulation 16;

“EC declaration of conformity to type” shall be construed in accordance with regulation 23;

“EC type-examination certificate” means a certificate issued by a notified body under regulation 10(4) or, as the case may be, issued under a corresponding provision of the law of another member State;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993(5);

“essential requirements” means the requirements in Annex I of the Directive which is set out in Schedule 3;

“the Executive” means the Health and Safety Executive;

“fitting” means a safety device, a controlling device or a regulating device, and includes a sub-assembly of an appliance, but does not include a forced draught burner or heating body to be equipped with such a burner which is separately marketed for trade use and is designed to be incorporated into an appliance or assembled to constitute an appliance;

“fitting certificate”, in relation to a fitting, means a certificate to the effect that it conforms with the provisions of the Directive which apply to it;

“member State” shall mean a state which is a contracting party to the EEA Agreement;

“normally used” shall be construed in accordance with regulation 7(2) and “used normally”in Annex I of the Directive (set out in Schedule 3) shall be construed accordingly;

“notified body”—

(a)

means a body which is approved by the Secretary of State and whose name and identification number is notified by him to the Commission and to other member States in accordance with regulation 5(1); and

(b)

in the expression “a notified body” in regulations 24(3)(b) and 24(1)(a), “all other notified bodies” in regulations 10(6), 12(2)(b), 13(2)(b), 14(6)(b)(ii), 15(2)(b), “another notified body” in regulations 11(2)(b) and 14(1), “any other notified body” in regulations 10(6) and 11(1) and “relevant notified body” in Schedule 2 also means a body which is approved for the purposes of the Directive by another member State and whose name and identification number is notified to the Commission and other member States pursuant to Article 9(1) of the Directive;

“quality system” means a system of which the purpose is to ensure that appliances conform with the type as described in the EC type-examination certificate and satisfy the essential requirements which apply to them;

“safe” has the same meaning as in section 19(1) of the 1987 Act except that the references in that subsection to “risk” shall be construed as including references to any risk of—

(a)

injury or impairment to the health or safety of any domestic animal; and

(b)

damage to any property;

“supply”, in relation to an appliance or a fitting,—

(a)

includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and

(b)

except in regulation 4(5) or in relation to an appliance which has previously been put into service by any person, includes its first putting into service in the United Kingdom by the manufacturer or by the importer into the United Kingdom;

and cognate expressions shall be construed accordingly; and

“type” has the meaning assigned to it in paragraph (2)(a) of regulation 10 and “approved type” means approved by a notified body under that regulation or approved under a corresponding provision of the law of another member State.

(2) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.

(1)

1974 c. 37.

(2)

S.I. 1978/1039 (N.I.9).

(3)

O.J. No. L196, 26.7.1990, p.15.

(4)

O.J. No. L220. 30.8.1993. p.220.

(5)

Protocol 47 and certain Annexes to the EEA Agreement were amended by Decision No. 7/94 of the EEA Joint Committee which came into force on 1st July 1994, (O.J. No. L160, 26.8.1994, p.1). Council Directive 93/68/EEC was added to Chapter XXII of Annex II to the EEA Agreement by item p in Annex 3 to the said Decision No. 7/94.