(1) In these Regulations, unless the context otherwise requires, the following expressions shall have the following meanings—
“certificate of conformity” means a certificate, in the form set out for the purposes of illustration in Schedule 1, based on a laboratory test report on a lawnmower of the same type as the particular lawnmower to which the certificate relates, issued by the manufacturer, or importer domiciled in the Community, in which the manufacturer, or importer domiciled in the Community, certifies—
the maximum sound power level of that lawnmower guaranteed by the manufacturer, and that the maximum sound power level does not exceed the permissible sound power level for a lawnmower of that cutting width; and
in the case of a wide lawnmower, the maximum sound pressure level of that lawnmower guaranteed by the manufacturer, and that the maximum sound pressure level does not exceed the permissible sound pressure level;
“the Community” means the European Economic Community;
“the Directive” means Council Directive 84/538/ EEC on the approximation of the laws of the member States relating to the permissible sound power level of lawnmowers as amended by Commission Directive 87/252/EEC adapting it to technical progress and by Council Directive 88/180/EEC extending it to motorised cylinder mowers and by Council Directive 88/181/EEC extending it, in the case of wide lawnmowers, to their permissible sound pressure level and amending the requirements for narrow lawnmowers ;
“EEC sound power level mark” means a mark in the form set out in Schedule 2A which indicates the maximum sound power level of a lawnmower expressed in dB(A)/pW as guaranteed by the manufacturer and as certified in the certificate of conformity issued in respect of that lawnmower;
“EEC sound pressure level mark” means a mark in the form set out in Schedule 2B which indicates themaximum sound pressure level of a lawnmower expressed in dB(A)/20 μPa as guaranteed by the manufacturer and as certified in the certificate of conformity issued in respect of that lawnmower;
“laboratory test report” means a report issued in accordance with Schedule 3 by a listed laboratory on a lawnmower submitted to that body for testing or an equivalent report by a body charged by a member State other than the United Kingdom with functions corresponding to those of a listed laboratory;
“lawnmower” means any motorised equipment appropriate for the upkeep by cutting, by whatever method, of areas under grass used for recreational, decorative or similar purposes, but excluding—
agricultural and forestry equipment;
non-independent devices, such as drawn cylinders, with cutting devices actuated by the wheels or by an integrated drawing or carrier component;
multi-purpose devices the main motorized components of which have an installed power of over 20 kW ;
“narrow lawnmower” means an electrically powered lawnmower with a cutting width of less than 30cm;
“wide lawnmower” means a lawnmower with a cutting width exceeding 120cm and having a seat attached in a suitable way to a structural component of the lawnmower;
“listed laboratory” means a body approved by the Secretary of State for the purposes of regulation 5;
“permissible sound power level” means the sound power level specified in the second column of the Table in Schedule 4 in respect of a lawnmower with the cutting width specified in the first column of that Table;
“permissible sound pressure level” means the sound pressure level of airborne noise of 90 dB(A) , in respect of a wide lawnmower;
“sound power level” means the sound power level as measured in accordance with Schedule3;
“sound pressure level” means the sound pressure level when measured at the operator’s position in accordance with Schedule 3; and
“supply” is to be read in accordance with Section 46 of the Consumer Protection Act 1987 , and includes offering or agreeing to supply, and exposing or possessing for supply, and “supplied” and “supplier” have the corresponding meanings.
(2) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.