The Supply of Machinery (Safety) Regulations 2008

Consequential disapplication of domestic health and safety law

27.—(1) Subject to paragraph (3), any requirement which—

(a) is imposed by or under any of the enactments (relating to various aspects of the safety of machinery) specified in paragraph (2); and

(b) but for this paragraph, would have to be satisfied by or in respect of machinery if it is to be lawfully placed on the market or put into service,

is disapplied.

(2) The enactments specified in this paragraph are—

(a) section 83 of the Mines and Quarries Act 1954(1);

(b) section 85(1) of the Mines Act (Northern Ireland) 1969(2);

(c) regulation 3(3) of the Coal and Other Mines (Locomotives) Regulations 1956(3);

(d) regulation 52 of the Miscellaneous Mines (General) Regulations 1956(4);

(e) regulation 11 of the Coal Mines (Firedamp Drainage) Regulations 1960(5);

(f) in the Docks Regulations 1988(6)—

(i) regulation 13(1)(a), (b), and (c);

(ii) the words “or assembled” in regulation 13(1)(d); and

(iii) regulations 13(2)(b), (c) and (d);

(g) in the Docks Regulations (Northern Ireland) 1989(7)—

(i) regulation 13(1)(a), (b), and (c);

(ii) the words “or assembled” in regulation 13(1)(d); and

(iii) regulations 13(2)(b), (c) and (d);

(h) regulation 26 of the Electricity at Work Regulations 1989(8);

(i) regulation 26 of the Electricity at Work Regulations (Northern Ireland) 1991(9); and

(j) regulations 4 to 8 of the Boulby Mine (Storage and Battery Locomotives) Special Regulations 1972(10).

(3) This regulation does not affect the application of the enactments listed in paragraph (2) to machinery after it has been placed on the market or put into service.

(1)

1954 c.70.

(2)

1969 c.6.

(3)

S.I. 1956/1771.

(4)

S.I. 1956/1778.

(5)

S.I. 1960/1015.

(6)

S.I. 1988/1655.

(7)

S.R. 1989 No. 320.

(8)

S.I. 1989/635.

(9)

S.R. 1991 No. 13.

(10)

S.I. 1972/472.