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36.—(1) Electrical equipment which is in conformity with a [F2designated] standard (or part of such a standard) F3... is to be presumed to be in conformity with the principal elements of the safety objectives covered by that standard (or that part of that standard).
(2) The presumption in paragraph (1) is rebuttable.
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
F1Word in reg. 36 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 20(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 36(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 20(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 36(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 20(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
36.—(1) Electrical equipment which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal is to be presumed to be in conformity with the principal elements of the safety objectives covered by that standard (or that part of that standard).
(2) The presumption in paragraph (1) is rebuttable.
Extent Information
E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
37.—(1) Where there are no relevant [F4designated ] standards, electrical equipment [F5which complies with relevant international safety provisions] is to be presumed to be in conformity with the principal elements of the safety objectives unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.
(2) When there are no relevant [F6designated] standards and no relevant international safety provisions, electrical equipment is to be taken to comply with the principal elements of the safety objectives where—
(a)the equipment has been manufactured in accordance with the national safety provisions applicable to that equipment in the member State of manufacture; and
(b)as a result of its compliance with those national safety provisions, at the time when it is made available on the market it is at least as safe as it would be if it were in conformity with the principal elements of the safety objectives.
F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F4Word in reg. 37(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(a)(i) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 37(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(a)(ii) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in reg. 37(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F7Reg. 37(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(c) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
37.—(1) Where there are no relevant harmonised standards, electrical equipment which satisfies safety provisions of international standards notified by the Commission is to be presumed to be in conformity with the principal elements of the safety objectives unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.
(2) When there are no relevant harmonised standards and no relevant international safety provisions, electrical equipment is to be taken to comply with the principal elements of the safety objectives where—
(a)the equipment has been manufactured in accordance with the national safety provisions applicable to that equipment in the [F16relevant state] of manufacture; and
(b)as a result of its compliance with those national safety provisions, at the time when it is made available on the market it is at least as safe as it would be if it were in conformity with the principal elements of the safety objectives.
(3) In this regulation, “international standards notified by the Commission” means international standards set out by the International Electrotechnical Commission—
(a)which have been notified by the European Commission to the member States; and
(b)in respect of which no objection to their recognition has been made by a [F17relevant state] within three months of that notification.
Extent Information
E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F16Words in reg. 37(2)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 11 para. 4(a)
F17Words in reg. 37(3)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 11 para. 4(b)
38. The F9... declaration of conformity for electrical equipment must—
(a)state that the fulfilment of the principal elements of the safety objectives has been demonstrated in respect of the electrical equipment;
(b)have the model structure set out in Schedule 8; and
(c)contain the elements specified in Schedule 2 for Module A Internal production control.
Extent Information
E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F8Word in reg. 38 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 22(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in reg. 38 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 22(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
38. The EU declaration of conformity for electrical equipment must—
(a)state that the fulfilment of the principal elements of the safety objectives has been demonstrated in respect of the electrical equipment;
(b)have the model structure set out in Schedule 8; and
(c)contain the elements specified in Schedule 2 for Module A Internal production control.
Extent Information
E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
39.—[F11(1) The UK marking must be affixed visibly, legibly and indelibly to—
(a)the electrical equipment;
(b)its data plate; or
(c)where paragraph (1A) applies, to—
(i)a label affixed to the electrical equipment; or
(ii)to a document accompanying the electrical equipment.]
[F12(1A) For a period of [F13seven years] beginning with IP completion day, the UK marking may be affixed to—
(a)a label affixed to the electrical equipment; or
(b)to a document accompanying the electrical equipment;]
(2) Where [F14paragraph (1A) does not apply and] it is not possible or warranted, on account of the nature of the electrical equipment, to affix the [F15UK] marking in accordance with paragraph (1), the [F15UK] marking must be affixed to—
(a)the packaging; and
(b)the accompanying documents.
Extent Information
E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F10Word in reg. 39 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)
F11Reg. 39(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)
F12Reg. 39(1A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(c) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in reg. 39(1A) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (l)
F14Words in reg. 39(2) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(d)(i) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)
F15Word in reg. 39(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(d)(ii) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)
39.—(1) The CE marking must be affixed visibly, legibly and indelibly to the electrical equipment or to its data plate.
(2) Where it is not possible or warranted, on account of the nature of the electrical equipment, to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—
(a)the packaging; and
(b)the accompanying documents.
Extent Information
E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only