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SCHEDULE 32E+W+SAmendment of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

Amendment to regulation 39E+W+S

24.  In regulation 39 (conformity assessment procedures)—

(a)for paragraph (1)(a) substitute—

(a)for equipment-groups I and II, equipment-categories M1 and 1, the manufacturer shall follow either—

(i)the Type-examination set out in Part 1 of Schedule 3A, in conjunction with either the procedure set out in—

(aa)Part 2 of Schedule 3A, or

(bb)Part 3 of Schedule 3A; or

(ii)the conformity based on unit verification referred to in Part 7 of Schedule  3A;;

(b)for paragraph (1)(b) substitute—

(b)for equipment-groups I and II, equipment-categories M2 and 2, the manufacturer shall follow—

(i)for internal combustion engines and electrical equipment in these groups and categories the Type examination set out in Part 1 of Schedule 3A, in conjunction with either the procedure set out in either Part 4 or Part 5 of Schedule 3A unless subparagraph (1)(d) applies;

(ii)for other equipment in these groups and categories the procedures set out in Part 6 of Schedule 3A unless subparagraph (1)(d) applies;;

(c)for paragraph (1)(c) substitute—

(c)for equipment group II, equipment-category 3, the procedure relating to internal production control referred to in Part 6 of Schedule 3A unless subparagraph (1)(d) applies;;

(d)for paragraph (1)(d) substitute—

(d)for equipment groups I and II, instead of the procedures referred to in paragraphs (1)(a), (b) and (c), the manufacturer may follow conformity based on unit verification referred to in Part 7 of Schedule 3A.;

(e)in paragraph (2) omit “or (d)”;

(f)in paragraph (3)(a)(i) for “CE” substitute “ UK ”;

(g)in paragraph (3)(a)(ii) omit “EU”;

(h)in paragraph (4) for “Annex VIII to the ATEX Directive (as amended from time to time)” substitute “ Part 6 of Schedule 3A ”;

(i)in paragraph (5), omit “in the Member State concerned”;

(j)in paragraph (6) for “Member State” substitute “ designated state ”.

Commencement Information

I1Sch. 32 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1