EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations provide for the enforcement of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment (OJ No L81, 31.3.2016, p51) (“EU Regulation 2016/425”).
EU Regulation 2016/425 repeals and replaces Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (OJ No L399, 30.12.1989, p18); which was implemented in the United Kingdom by the Personal Protective Equipment Regulations 2002 (S.I. 2002/1144) (as amended). These Regulations revoke S.I. 2002/1144 with savings (see regulation 2).
Regulation 3 designates market surveillance authorities for the purpose of EU Regulation 2016/425 and these Regulations.
Regulations 4, 5 and Schedules 1 to 4 provide for enforcement authorities and their powers of enforcement. Offences and penalties are set out in regulations 7 and 8. The remainder of Part 2 provisions deal with related enforcement and procedural issues such as defences, liability of third parties, time limits, service of documents, appeals and compensation, etc.
Regulation 18 sets out a process for the Secretary of State to review the regulatory provision contained within these Regulations and publish a report setting out the conclusions of that review. The first such report must be published within five years after the coming into force date of this instrument and subsequent reviews must be carried out every five years after that.
Schedule 5 contains amendments to other legislation which are consequential to these Regulations.
A Transposition Note is published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.
The EU Regulations referred to above are published at http://eur-lex.europa.eu.