The Electrical Equipment (Safety) Regulations 2016

PART 1U.K.Preliminary

Citation and commencementU.K.

1.  These Regulations may be cited as the Electrical Equipment (Safety) Regulations 2016 and come into force on 8th December 2016 (“the commencement date”).

InterpretationE+W+S

2.—(1) In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974 M1;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M2

“the 1987 Act” means the Consumer Protection Act 1987 M3;

“the 1994 Regulations” means the Electrical Equipment (Safety) Regulations 1994 M4;

[F1“authorised representative” means a person established within the EU appointed in accordance with regulation 14 (manufacturer’s authorised representatives);]

[F2“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 6 (declaration of conformity);

“designated standard” has the meaning given to it in regulation 2A;]

F3...

“the Directive” means Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits [F4(as it has effect immediately before IP completion day)];

“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes electrical equipment available on the market;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972M5”;

“economic operator” means a manufacturer, importer, distributor or authorised representative;

“electrical equipment” means any electrical equipment to which these Regulations apply;

F5...

“enforcing authority” means any person enforcing these Regulations under regulation 41 (enforcement);

F6...

[F7“importer” means a person who—

(a)

is established in the United Kingdom and places electrical equipment from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places electrical equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]

F8...

“making available on the market” means any supply of electrical equipment for distribution, consumption or use on the [F9market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge, and related expressions are to be construed accordingly;

“manufacturer” means any person who—

(a)

manufactures electrical equipment, or has electrical equipment designed or manufactured; and

(b)

markets that electrical equipment under that person's name or trade mark;

“market surveillance authority”, in the United Kingdom, has the meaning set out in regulation 40 (designation of market surveillance authority);

F10...

“placing on the market” means the first making available of electrical equipment on the [F11market of Great Britain], and related expressions are to be construed accordingly;

“principal elements of the safety objectives” means the principal elements of the safety objectives set out in Schedule 1;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93M6;

“recall” means any measure aimed at achieving the return of electrical equipment that has already been made available to the end-user;

“relevant economic operator” means, in relation to electrical equipment, an economic operator with obligations in respect of that electrical equipment under these Regulations;

[F12“relevant international safety provision” means a safety provision of a standard set out by the International Commission on the Rules for the Approval of Electrical Equipment or the International Electrotechnical Commission, which has been published by the Secretary of State in a manner the Secretary of State considers appropriate;]

“technical documentation” means the documentation referred to in paragraph 2 of Schedule 2;

“technical specification” means a document that prescribes technical requirements to be fulfilled by electrical equipment;

[F13UK marking” means the marking in the form set out in Annex 2 of RAMS;]

“weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 M7;

“withdraw” means take any measure aimed at preventing electrical equipment in the supply chain from being made available on the market.

(2) In these Regulations, a reference to electrical equipment being “in conformity with Part 2” means that—

(a)the electrical equipment is in conformity with the principal elements of the safety objectives; and

(b)each relevant economic operator has complied, or is complying, in relation to the electrical equipment, with the obligations imposed on them under Part 2 of these Regulations which must be satisfied at or before the time at which they make the electrical equipment available on the market.

(3) In regulations 11 and 22 (monitoring), “risk” means a risk which could arise from lawful and readily predictable human behaviour.

(4) In the other provisions of these Regulations, “risk” means a risk—

(a)which could arise from lawful and readily predictable human behaviour; and

(b)which may result in harm to any of the following interests—

(i)the health and safety of persons;

(ii)domestic animals; or

(iii)property.

(5) (a) Subject to sub-paragraph (b), in these Regulations, a reference to a member State is to be read as a reference to an EEA State and references to the EU are to be read as references to the European Economic Area.

(b)Sub-paragraph (a) will not apply until the entry into force of any amendment made to Annex II (technical regulations, standards, testing and certification) to the EEA Agreement by a Decision of the EEA Joint Committee, inserting a reference to the Directive into that Annex.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Words in reg. 2(1) substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 84(2) (with regs. 3-5, 77)

Marginal Citations

M4S.I. 1994/3260, revoked in relation to radio or telecommunications terminal equipment by S.I. 2000/730, amended by S.I. 2011/1043, S.I. 2014/469, S.I. 2015/1630.

M51972 Chapter 9.

M6OJ L 218, 13.8.2008, p. 30.

InterpretationN.I.

2.—(1) In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974 F20;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 F21

“the 1987 Act” means the Consumer Protection Act 1987 F22;

“the 1994 Regulations” means the Electrical Equipment (Safety) Regulations 1994 F23;

[F24“authorised representative” means a person established within the [F25relevant market] appointed in accordance with regulation 14 (manufacturer’s authorised representatives);]

“CE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);

“the Directive” means Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits F26;

“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes electrical equipment available on the market;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 F27”;

“economic operator” means a manufacturer, importer, distributor or authorised representative;

“electrical equipment” means any electrical equipment to which these Regulations apply;

“EU declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 6 (EU declaration of conformity and CE marking);

“enforcing authority” means any person enforcing these Regulations under regulation 41 (enforcement);

“harmonised standard” has the meaning given by Article 2(1)(c) of Regulation (EU) 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009//105/EC of the European Parliament and the Council, and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and the Council F28 (as amended from time to time);

“importer” means any person who—

(a)

is established within the [F29relevant market]; and

(b)

places electrical equipment from a [F30market outside of the relevant market on the relevant] market;

“international safety provision” means a safety provision of a standard which has been published by the International Commission on the Rules for the Approval of Electrical Equipment or the International Electrotechnical Commission and which has been published in the Official Journal pursuant to Article 13 of the Directive;

“making available on the market” means any supply of electrical equipment for distribution, consumption or use on the [F31relevant] market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions are to be construed accordingly;

“manufacturer” means any person who—

(a)

manufactures electrical equipment, or has electrical equipment designed or manufactured; and

(b)

markets that electrical equipment under that person's name or trade mark;

“market surveillance authority”, in the United Kingdom, has the meaning set out in regulation 40 (designation of market surveillance authority);

“Official Journal” means the Official Journal of the European Union;

“placing on the market” means the first making available of electrical equipment on the [F32relevant] market, and related expressions are to be construed accordingly;

“principal elements of the safety objectives” means the principal elements of the safety objectives set out in Schedule 1;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93F33;

“recall” means any measure aimed at achieving the return of electrical equipment that has already been made available to the end-user;

“relevant economic operator” means, in relation to electrical equipment, an economic operator with obligations in respect of that electrical equipment under these Regulations;

[F34“relevant market” means—

(a)

the market in Northern Ireland; and

(b)

the markets of the EEA states;

“relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;]

“technical documentation” means the documentation referred to in paragraph 2 of Schedule 2;

“technical specification” means a document that prescribes technical requirements to be fulfilled by electrical equipment;

“weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985F35;

“withdraw” means take any measure aimed at preventing electrical equipment in the supply chain from being made available on the market.

(2) In these Regulations, a reference to electrical equipment being “in conformity with Part 2” means that—

(a)the electrical equipment is in conformity with the principal elements of the safety objectives; and

(b)each relevant economic operator has complied, or is complying, in relation to the electrical equipment, with the obligations imposed on them under Part 2 of these Regulations which must be satisfied at or before the time at which they make the electrical equipment available on the market.

(3) In regulations 11 and 22 (monitoring), “risk” means a risk which could arise from lawful and readily predictable human behaviour.

(4) In the other provisions of these Regulations, “risk” means a risk—

(a)which could arise from lawful and readily predictable human behaviour; and

(b)which may result in harm to any of the following interests—

(i)the health and safety of persons;

(ii)domestic animals; or

(iii)property.

F36(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F23S.I. 1994/3260, revoked in relation to radio or telecommunications terminal equipment by S.I. 2000/730, amended by S.I. 2011/1043, S.I. 2014/469, S.I. 2015/1630.

F24Words in reg. 2(1) substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 84(2) (with regs. 3-5, 77)

F26OJ No L 96, 29.03.2014, p357.

F271972 Chapter 9.

F28OJ No L 316, 14.11.2012, p12.

F33OJ L 218, 13.8.2008, p. 30.

[F14Designated standardE+W+S

2A.—(1) Subject to paragraphs (6) and (7), in these Regulations a “designated standard” means a technical specification which is—

(a)adopted by a recognised standardisation body [F15or an international standardising body], for repeated or continuous application, with which compliance is not compulsory; and

(b)designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a)the characteristics required of a product, including—

(i)the levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

(b)the production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—

(a)the European Committee for Standardisation (CEN);

(b)the European Committee for Electrotechnical Standardisation (Cenelec);

(c)the European Telecommunications Standards Institute (ETSI);

(d)the British Standards Institution (BSI).

[F16(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]

(4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [F17such] technical specifications adopted by the other recognised standardisation bodies [F18or by international standardising bodies as the Secretary of State considers to be relevant.]

(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) In this regulation, a reference to a “product” is a reference to electrical equipment to which these Regulations apply.

(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(10) Regulations made under paragraph (9) are to be made by statutory instrument.

(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

Electrical equipment to which these Regulations applyE+W+S

3.—(1) Subject to paragraph (2), these Regulations apply to electrical equipment—

(a)placed on the market on or after the commencement date; and

(b)designed for use with a voltage rating of between 50 and 1000V for alternating current and between 75 and 1500V for direct current

(2) These Regulations do not apply to—

(a)electrical equipment for use in an explosive atmosphere;

(b)electrical equipment for radiology and medical purposes;

(c)electrical parts for goods and passenger lifts;

(d)electricity meters;

(e)plugs and socket outlets for domestic use;

(f)electric fence controllers;

(g)specialised electrical equipment for use on ships, aircraft or railways, which complies with the safety provisions drawn up by international bodies in which the member States participate;

(h)custom-built evaluation kits destined for professionals to be used at research and development facilities solely for research and development.

(3) Save for regulations 4, 15, 25 (to the extent that it relates to conformity of the electrical equipment with the principal elements of the safety objectives) and 37, these Regulations do not apply to [F19equipment covered by the Radio Equipment Regulations 2017].

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F19Words in reg. 3(3) substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 84(3) (with regs. 3-5, 77)

Electrical equipment to which these Regulations applyN.I.

3.—(1) Subject to paragraph (2), these Regulations apply to electrical equipment—

(a)placed on the market on or after the commencement date; and

(b)designed for use with a voltage rating of between 50 and 1000V for alternating current and between 75 and 1500V for direct current

(2) These Regulations do not apply to—

(a)electrical equipment for use in an explosive atmosphere;

(b)electrical equipment for radiology and medical purposes;

(c)electrical parts for goods and passenger lifts;

(d)electricity meters;

(e)plugs and socket outlets for domestic use;

(f)electric fence controllers;

(g)specialised electrical equipment for use on ships, aircraft or railways, which complies with the safety provisions drawn up by international bodies in which the [F37relevant states] participate;

(h)custom-built evaluation kits destined for professionals to be used at research and development facilities solely for research and development.

(3) Save for regulations 4, 15, 25 (to the extent that it relates to conformity of the electrical equipment with the principal elements of the safety objectives) and 37, these Regulations do not apply to [F38equipment covered by the Radio Equipment Regulations 2017].

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F38Words in reg. 3(3) substituted (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 84(3) (with regs. 3-5, 77)