Search Legislation

The Electrical Equipment (Safety) Regulations 2016

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Electrical Equipment (Safety) Regulations 2016. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Regulation 42

SCHEDULE 5E+W+S+N.I.Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order

This schedule has no associated Explanatory Memorandum

Enforcement powers under the 1978 OrderE+W+S+N.I.

1.  For the purposes of enforcing these Regulations and RAMS (in its application to electrical equipment), the following Articles of the 1978 Order apply subject to the modifications in paragraph 2—

(a)Article 21 (appointment of inspectors);

(b)Article 22 (powers of inspectors);

(c)Article 23 (improvement notices);

(d)Article 24 (prohibition notices);

(e)Article 25 (provisions supplementary to Articles 23 and 24);

(f)Article 26 (appeal against improvement or prohibition notice);

(g)Article 27 (power to deal with cause of imminent danger);

(h)Article 27A (power of customs officer to detain articles and substances);

(i)Article 28 (power of enforcing authorities to indemnify inspectors);

(j)Article 29 (obtaining of information by the Executive, enforcing authorities etc);

(k)Article 29A (information communicated by Commissioners for Revenue and Customs);

(l)Article 30 (restrictions on disclosure of information);

(m)Article 31 (offences);

(n)Article 32 (extension of time for bringing summary proceedings);

(o)Article 33 (venue);

(p)Article 36 (prosecution by inspectors);

(q)Article 38 (evidence);

(r)Article 39 (power of court to order cause of offence to be remedied or, in certain cases, forfeiture).

Modifications to the 1978 OrderE+W+S+N.I.

2.  The Articles of the 1978 Order referred to in paragraph 1 apply as if—

(a)references to “relevant statutory provisions” were references to—

(i)the provisions of the 1978 Order set out in paragraph 1, as modified by this paragraph; and

(ii)these Regulations;

(b)references to “risk” were references to “risk” within the meaning of regulation 2(4) of these Regulations;

(c)in Article 21—

(i)in paragraph (1), for “Every enforcing authority” there were substituted “ The Health and Safety Executive for Northern Ireland ”;

(ii)in paragraph (1), “within its field of responsibility” were omitted;

(iii)in paragraph (2), sub-paragraph (b) were omitted;

(iv)in paragraph (3), for “enforcing authority which appointed him” there were substituted “ Health and Safety Executive for Northern Ireland ”;

(d)in Article 22—

(i)in paragraph (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

(ii)in paragraph 2(c)(i), for “his (the inspector's) enforcing authority” there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(iii)in paragraph 2(2)(h), for “him to have caused or to be likely to cause danger to health and safety”, there were substituted “ contravene the relevant statutory provisions or present a risk ”;

(iv)paragraph (3) were omitted.

(e)in Article 23–

(i)before paragraph (a), there were inserted—

(za)is making available on the market electrical equipment which presents a risk;;

(ii)after “specifying the”, there were inserted “ risk, or ”; and

(iii)after “requiring that person to”, there were inserted “ address the risk or ”;

(f)for Article 24(2) and (3) there were substituted—

(2) An inspector may serve a notice (in this Part referred to as a “prohibition notice”) on a person if, as regards any activities to which this paragraph applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve—

(a)a risk; or

(b)the contravention of a relevant statutory provision.

(3) A prohibition notice must—

(a)state that the inspector is of the said opinion;

(b)specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;

(c)where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of the opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

(d)direct that the activities to which the notice relates must not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of sub-paragraph (b) and any associated contraventions of provisions so specified in pursuance of sub-paragraph (c) have been remedied.;

(g)in Article 25, paragraphs (3), (4) and (5) were omitted;

(h)in Articles 27A(1), for “any enforcing authority” and “the authority” there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(i)for the heading to Article 28, there were substituted “ Power to indemnify inspectors ”;

(j)in Article 28, for “the enforcing authority which appointed him”, “that authority” and “the authority”, there were, in each case, substituted “ the Health and Safety Executive for Northern Ireland ”;

(k)in Article 29—

(i)in paragraph (1)(b), for “an enforcing authority” there were substituted “ the Health and Safety Executive for Northern Ireland ” and for “the Authority's functions” there were substituted “ its functions ”;

(ii)“the department concerned, or” were omitted;

(iii)for “the Executive”, in each case it appears, there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(iv)“or, as the case may be, to the enforcing authority in question” were omitted.

(l)in Article 29A(2) for “an enforcing authority” there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(m)in Article 30—

(i)for “Executive”, on each occasion that it appears, there were substituted “ Health and Safety Executive for Northern Ireland ”;

(ii)in paragraph (3), “or any enforcing authority” were omitted;

(iii)in paragraph (4), “or an enforcing authority” were omitted;

(iv)in paragraph (4), “or authority (including in the case of an enforcing authority, any inspector appointed by it)” were omitted;

(v)in paragraph (5), “or the purposes of the enforcing authority in question” were omitted;

(vi)in paragraph (6), “16(4)(a) or” were omitted;

(vii)for paragraph (6)(b), there were substituted—

(b)for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;; and

(n)in Article 31—

(i)in paragraph (1), sub-paragraphs (a) to (i) and (k) to (m) were omitted;

(ii)for paragraph (2), there were substituted—

(2) A person guilty of an offence under Article 31 is liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months, or to both;; and

(iii)Article 31(3) were omitted;

(o)in Article 32—

(i)in paragraph (1), sub-paragraphs (a) and (b) were omitted;

(ii)in paragraph (1), for the words from “and it appears” to the end, there were substituted “ and it appears from the proceedings at the inquest that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the inquest, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the inquest. ”; and

(iii)paragraphs (3) and (4) were omitted;

(p)in Article 33, for “any enforcing authority” there were substituted “ Health and Safety Executive for Northern Ireland ”;

(q)in Article 36, for “enforcing authority” there were substituted “ Health and Safety Executive for Northern Ireland ”; and

(r)in Article 39, paragraphs (3A), (4) and (5) were omitted.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources