The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

• Citation: S.I. 2001/1701
• Sections: 174

Section 1 Citation, commencement and revocation

(1) These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.

(2) This regulation, regulations 2 and 14 shall come into force on 4th June 2001, except that regulation 2(1)(b) shall not have effect until the date of the coming into force of the Decision by the EEA Joint Committee by which the application of the Directive is extended to the EEA.

(3) The remaining regulations shall come into force on 3rd July 2001.

(4) The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985 , the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 , the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992 and the Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987 are revoked with effect from 3rd January 2002.

Section 2 Interpretation

(1) In these Regulations—

(a) “the Directive" means Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors ...;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference to a paragraph in a regulation is a reference to a paragraph in that regulation.

(2) In these Regulations, unless the context otherwise requires—

“ approved body ” has the meaning given to it in regulation 13 ;

“CE marking" means the CE marking referred to in Article 3(c) of the Directive consisting of the initials “CE" in the form shown in Annex IV to the Directive ;

...

“enforcement authority" shall be construed in accordance with paragraph 1(1) of Schedule 13;

“equipment" means equipment for use outdoors;

“ equipment for use outdoors ” means ... —

assemblies which fall within one of the following descriptions—

an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;

an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion;

an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure;

assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;

an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;

devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”); and

components—

which serve to fulfil a safety function;

which are independently placed on the market;

the failure or malfunction of which endangers the safety of persons; and

which are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function,

to the extent that they are either self-propelled or can be moved and which, irrespective of the driving element(s), are intended to be used, according to their type, in the open air and which contribute to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;

“indication of the guaranteed sound power level" means the indication referred to in regulation 11 in the form shown in Schedule 7;

“open air" includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);

“responsible person" means

the manufacturer;

the manufacturer’s authorised representative established in the United Kingdom ; or

where neither the manufacturer nor his authorised representative is established in the United Kingdom , the person placing the equipment on the market or putting it into service in Great Britain ;

“guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Schedule 6 which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;

“measured sound power level" means a sound power level as determined from measurements as laid down in Schedule 6; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;

...

“sound power level L WA " means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995 and EN ISO 3746: 1995 ;

“ UK marking ” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

Section 3 Application

(1) Subject to regulations 4, 5 and 6, these Regulations shall apply to equipment listed in Schedules 1 and 2, as further defined in Schedule 4.

(2) These Regulations shall apply, and the provisions of sections 1.5.8 and 1.7.4(u) of Part 1 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008 shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4 in respect of the requirements relating to the sound power level of equipment .

Section 4 Excluded equipment

These Regulations shall not apply to—

(a) non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers;

(b) all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways; or

(c) equipment specially designed and constructed for military and police purposes and for emergency services.

Section 5

These Regulations shall not apply to equipment placed on the market before 3rd July 2001.

Section 6

(1) Subject to paragraph (2), these Regulations shall not apply to equipment placed on the market or put into service on or before 2nd January 2002 which comply with any provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 2nd July 2001.

(2) The exclusion provided in paragraph (1) shall not apply in the case of equipment which—

(a) unless required to bear the CE marking pursuant to any other EU obligation, bears the CE marking or an inscription liable to be confused with it; or

(b) bears or is accompanied by any other indication, howsoever expressed, that it complies with the Directive.

Section 7 General duty relating to placing on the market or putting into service

(1) Subject to regulation 8, no person, who is a responsible person, shall place on the market or put into service any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 unless the requirements of paragraph (2) have been complied with in relation to it.

(2) The requirements in respect of equipment described in paragraph (1) are that:

(a) it satisfies the relevant requirements set out in regulation 8;

(b) the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;

(c) it bears the UK marking and the indication of the guaranteed sound power level in accordance with regulation 11; and

(d) it is accompanied by a declaration of conformity the minimum content of which is set out in Schedule 5.

(2A) Where paragraph (2B) applies, paragraph (2)(c) is met where the UK marking is affixed to—

(a) a label affixed to the equipment; or

(b) a document accompanying the equipment.

(2B) This paragraph applies to equipment that is placed on the market within a period of seven years beginning with IP completion day.

(3) ... The declaration of conformity shall be in English.

(4) A specimen of the declaration of conformity shall be retained by the responsible person for 10 years from the date on which the type of equipment was last manufactured, together with the technical documentation as provided for in Schedule 8 point 3, Schedule 9 point 3, Schedule 10 point 2, and Schedule 11 points 3.1 and 3.3.

(5) Type-examination certificates issued and measurements of equipment carried out under the Regulations listed in regulation 1(4) may be used in drawing up the technical documentation referred to in paragraph (4) above.

(6) Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.

Section 8 Permissible sound power level of equipment

(1) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 1 and defined in Schedule 4 are that the guaranteed sound power level does not exceed the applicable permissible sound power level as laid down in the table set out in Schedule 3 and as calculated in accordance with the provisions in Schedule 6.

(2) The sound power levels in the column headed “Stage I" of the table set out in Schedule 3 shall apply from 3rd January 2002 and those in the column headed “Stage II" of the said table shall apply from 3rd January 2006.

(3) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 2 and defined in Schedule 4 are that the guaranteed sound power level shall be marked on the equipment.

Section 9 Exceptions to placing on the market and putting into service of certain equipment

For the purposes of regulation 7, equipment shall not be regarded as being placed on the market or put into service—

(a) where that equipment—

(i) will be put into service in a country outside Great Britain ; or

(ii) is imported into Great Britain for re-export to Northern Ireland or a country outside of the United Kingdom;

save that this paragraph shall not apply if the UK marking, or any inscription liable to be confused therewith, is affixed thereto; or

(b) by the showing at trade fairs, exhibitions, demonstrations and similar events, of that equipment in respect of which the provisions of these Regulations are not satisfied if—

(i) a visible sign clearly indicates that—

(aa) such equipment does not conform; and

(bb) it is not placed on the market or put into service until it has been brought into conformity by the responsible person; and

(ii) adequate safety measures are taken during demonstrations to ensure the protection of persons.

Section 10 Conformity assessment procedures

For the purposes of regulation 7(2)(b), the appropriate conformity assessment procedure is:

(a) for equipment listed in Schedule 1 and defined in Schedule 4, one of the procedures set out in Schedule 9, 10 or 11; or

(b) for equipment listed in Schedule 2 and defined in Schedule 4, the procedure set out in Schedule 8.

Section 11 CE marking and indication of the guaranteed sound power level

(1) The UK marking shall be accompanied by the indication of the guaranteed sound power level.

(2) The UK marking and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment or, where regulation 7(2B) applies, to a label affixed to the equipment or to a document accompanying the equipment .

(3) Subject to paragraph (4), where the equipment is subject to other enactments covering other aspects which provide for the affixing of the UK marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other enactments .

(4) Where one or more of the other enactments referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the UK marking shall indicate conformity only with the enactments applied by the manufacturer, and in this case, particulars of the enactments applied ... must be given in the documents, notices or instructions required by the enactments and accompanying the equipment.

(5) The affixing of markings or inscriptions on equipment which are likely to be misleading as to the meaning or form of the UK marking or to the indication of the guaranteed sound power level is prohibited.

(6) Any other marking may be affixed to equipment provided that the visibility and legibility of the UK marking and the indication of the guaranteed sound power level is not thereby reduced.

Section 12 Provision of data

The responsible person must send a copy of the declaration of conformity to the Secretary of State ... within 28 days of placing the equipment on the market.

Section 12A Obligations which are met by complying with obligations in the Directive

(1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b) “ conformity assessment procedure ” has the meaning given to it in Article 3(b).

(2) Paragraph (3) applies where, before placing equipment on the market or putting it into service in Great Britain, a responsible person—

(a) ensures that the equipment satisfies the requirements of the Directive concerning noise emission in the environment;

(b) ensures that the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;

(c) ensures that the technical documentation referred to in Article 14 and Annexes V to VIII, and any other records and correspondence relating to the relevant conformity assessment procedure set out in those provisions, are prepared in or translated into English;

(d) ensures that the equipment bears a CE marking and an indication of the guaranteed sound power level in accordance with Article 11;

(e) draws up an EC declaration of conformity, in accordance with Article 8; and

(f) ensures that the EC declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulation 7(2) and (3) are to be treated as being satisfied;

(b) regulations 7(4), 11, 12, 16(1), 17 and 18 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4); and

(c) regulation 10 does not apply.

(4) The modifications referred to in paragraph (3)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EC declaration of conformity referred to in Article 8(1);

(b) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 8(3);

(c) any reference to “UK marking” is to be read as a reference to the CE marking; and

(d) for the purposes of regulation 16(1)—

(i) the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);

(ii) the reference to regulation 7(2)(d) is to be read as a reference to Article 8(1); and

(iii) the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

Section 12B Further use of UK marking

(1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2) Paragraph (3) applies where, before placing equipment on the market or putting it into service in Great Britain, a responsible person ensures that—

(a) the applicable requirements of Article 12 or 13 are met with respect to the equipment;

(b) the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;

(c) the technical documentation referred to in Article 14 and in Annexes V to VIII has been drawn up;

(d) the technical documentation and any other records and correspondence relating to the applicable conformity assessment procedure are prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulation 7(2)(a) and (b) are to be treated as being satisfied;

(b) regulation 10 does not apply;

(c) regulations 7(2)(c), (4) and (5), 11, 16(1) and 17 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4);

(d) Schedule 5 applies subject to the modifications in paragraphs (4) and (5).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to the “ indication of the guaranteed sound power level ” is to be read as a reference to the indication of the guaranteed sound power level referred to in Article 11 and Annex IV;

(b) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 14 and Annexes V to VIII;

(c) for the purpose of regulation 16(1)—

(i) the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);

(ii) the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

(5) The modifications to Schedule 5 referred to in paragraph (3)(d) are—

(a) the reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure applied to the equipment in accordance with Article 14(1) or (2);

(b) the reference to “approved body” is to be read as a reference to any body which undertook a conformity assessment procedure in accordance with Article 14(1) or (2);

(c) any reference to “these Regulations” is to be read as including a reference to the Directive.

Section 12C Qualifying Northern Ireland Goods

(1) Where paragraph (2) applies the requirements in regulation 7(2) and (3) and regulations 10 and 11 are to be treated as being satisfied.

(2) This paragraph applies where equipment is—

(a) qualifying Northern Ireland goods; and

(b) meets the requirements of regulation 16, as it applies in Northern Ireland.

(3) In this regulation “qualifying Northern Ireland goods has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

Section 13 Approved Bodies

(1) For the purposes of these Regulations, an approved body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10(a) and which—

(a) has been appointed as an approved body in the United Kingdom pursuant to regulation 14; or

(b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 14(2)(e) as it had effect immediately before IP completion day, to terminate the appointment.

(2) In this regulation “ notified body ” means a body which before IP completion day has been—

(a) appointed as a notified body in the United Kingdom pursuant to regulation 14, as it had effect immediately before IP completion day; and

(b) notified by the Secretary of State to the European Commission and other member States pursuant to Article 15 of the Directive.

Section 14

(1) The Secretary of State may from time to time appoint such persons which meet the approved body requirements, as he thinks fit to be approved bodies for the purposes of these Regulations.

(2) An appointment—

(a) may relate to all descriptions of equipment or such descriptions (which may be framed by reference to any circumstances whatsoever) of equipment as the Secretary of State may from time to time determine;

(b) may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;

(c) shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;

(d) shall be terminated upon 90 days’ notice in writing to the Secretary of State, at the request of the approved body; and

(e) may be terminated if it appears to the Secretary of State that any of the approved body requirements or the conditions of the appointment are not complied with.

(3) Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.

(4) An approved body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if—

(a) for any reason the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;

(b) the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or

(c) the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(5) If for any reason the appointment of an approved body is terminated under this regulation, the Secretary of State may—

(a) give such directions (either to the body the subject of the termination or to another approved body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and

(b) without prejudice to the generality of the foregoing, authorise another approved body to take over its functions in respect of such cases as he may specify.

(6) Where an approved body is minded to refuse to issue a report or conformity certificate it shall—

(a) give notice in writing to the applicant of the reasons why it is minded to do so; and

(b) give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.

(7) In this regulation “ approved body requirements ” means the requirements set out in Schedule 12A.

Section 14A Register of approved bodies

(1) The Secretary of State must—

(a) assign an approved body identification number to each approved body; and

(b) compile and maintain a register of—

(i) approved bodies;

(ii) their approved body identification numbers;

(iii) the activities for which they have been approved; and

(iv) any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.

Section 15 Fees

(1) Without prejudice to the power of the Secretary of State, where he is appointed as an approved body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2), an approved body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 14(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following—

(a) the costs incurred or to be incurred by the approved body in performing the relevant function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by the body on behalf of the applicant; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

(2) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

Section 16 Conditions for equipment being taken to conform

(1) Subject to paragraph (2), any equipment which—

(a) bears the UK marking and the indication of the guaranteed sound power level in accordance with regulation 7(2)(c); and

(b) is accompanied by a declaration of conformity in accordance with regulation 7(2)(d),

shall be taken to conform with all the provisions of these Regulations which apply to it, including the appropriate conformity assessment procedure specified in regulation 10, unless there are reasonable grounds for suspecting that it does not so conform.

(2) Paragraph (1) does not apply in relation to an enforcement authority where a person fails or refuses to make available to the enforcement authority the documentation which he is required, by the conformity assessment procedure which applies to that equipment, to retain a copy thereof.

Section 17 Enforcement

(1) Subject to paragraph (2), Schedule 13 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.

(2) Where an enforcement authority has reasonable grounds for suspecting that the UK marking and the indication of the guaranteed sound power level has been affixed to equipment and in relation to which any provision of these Regulations except the requirements in regulation 8(1) has not been complied with it may serve notice in writing on—

(a) the manufacturer of the equipment or his authorised representative ...; or

(b) in a case where neither the manufacturer of the equipment nor his authorised representative ... has placed the equipment on the market, the person who places it on the market or puts it into service in the United Kingdom;

and subject to paragraph (3), no other action pursuant to Schedule 13 may be taken, and no proceedings may be brought pursuant to regulation 18, in respect of that equipment until such notice has been given and the person to whom it is given has failed to comply with its requirements.

(3) A notice which is given under paragraph (2) shall—

(a) state that the enforcement authority suspects that the UK marking and the indication of the guaranteed sound power level has not been correctly affixed to the equipment;

(b) specify the respect in which it is so suspected and give particulars thereof;

(c) require the person to whom the notice is given—

(i) to secure that any equipment to which the notice relates conforms as regards the provisions concerning the correct affixation of the UK marking and the indication of the guaranteed sound power level within such period as may be specified in the notice; or

(ii) to provide evidence within that period, to the satisfaction of the enforcement authority, that the UK marking and the indication of the guaranteed sound power level has been correctly affixed; and

(d) warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that equipment or equipment of the same type placed on the market or put into service by that person.

Section 18 Offences

Any person who—

(a) contravenes or fails to comply with regulation 7(1); or

(b) fails to retain a copy of the declaration of conformity as required by regulation 7(4); or

(c) fails to supply a copy of the declaration of conformity as required by regulation 12,

shall be guilty of an offence.

Section 19 Penalties

(1) Subject to paragraph (1A), A person guilty of an offence under regulation 18(a) shall be liable on summary conviction—

(a) to imprisonment for a term not exceeding three months; or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(1A) Where a person fails to comply with a requirement in respect of the UK(NI) indication, a person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under regulation 18(b), (c) or paragraphs 9, 10, 11 ... of Schedule 13 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 20 Defence of due diligence

(1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 18 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due—

(a) to the act or default of another; or

(b) to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.

(3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

(4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—

(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether he had any reason to disbelieve the information.

Section 21 Liability of persons other than the principal offender

(1) Where the commission by any person of an offence under regulation 18 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) In this regulation, references to a “body corporate" include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

Section 22 Consequential amendments

(1) In the Provision and Use of Work Equipment Regulations 1998 in Schedule 1 there shall be added at the end of column one the words “The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words “S.I. 2001/1701".

(2) In the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 , in Schedule 2 there shall be added at the end of column one the words “The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words “S.I. 2001/1701".

Section 23 Transitional provision in relation to EU Exit

(1) In this regulation—

“ pre-exit period ” means the period beginning with 3rd July 2001 and ending immediately before IP completion day;

“ product ” means equipment to which these Regulations apply.

(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 8 of the Product Safety and Metrology etc. (Amendments etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to any obligation to take action outside of the United Kingdom in respect of that product.

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Section 1 Aerial access platforms with combustion engines

Equipment consisting of a minimum of a work platform, an extending structure and a chassis. The work platform is a fenced platform or a cage which can be moved under load to the required working position. The extending structure is connected to the chassis and supports the work platform; it allows movement of the work platform to its required position.

Section 2 Brush cutter

A combustion-engine driven portable hand-held unit fitted with a rotating blade made of metal or plastic intended to cut weeds, brush, small trees and similar vegetation. The cutting device operates in a plane approximately parallel to the ground.

Section 3 Builders’ hoist for the transport of goods

A power-operated, temporarily installed builders’ hoist intended for use by persons who are permitted to enter engineering and construction sites, serving:

(i) defined landing levels, having a platform

— designed for the transportation of goods only

— which permits the access of persons during loading and unloading

— which permits the access and travel by authorised persons during erection, dismantling and maintenance

— guided

— travelling vertical or along a path within 15 degrees maximum of the vertical

— supported or sustained by: wire, rope, chain, screwed spindle and nut, rack and pinion, hydraulic jack (direct or indirect), or an expanding linkage mechanism

— where masts may or may not require support from separate structures, or

(ii) either one upper landing or a work area extending to the end of the guide (e.g. a roof), having a load-carrying device:

— designed for the transportation of goods only

— designed that there is no need to step on it for loading or unloading purposes or for maintenance, erection and dismantling

— from which persons are prohibited at any time

— guided

— which is designed to travel at an angle of at least 30 degrees to the vertical but may be used at any angle

— sustained by steel wire rope and a positive drive system

— controlled by constant pressure type controls

— which does not benefit from the use of any counterweight

— having a maximum rated load of 300 kg

— having a maximum speed of 1 m/s

— and where the guides require support from separate structures.

Section 4 Building site band saw machine

A hand-fed powered machine weighing less than 200 kg fitted with a single circular saw blade in the form of a continuous band mounted on and running between two or more pulleys.

Section 5 Building site circular saw bench

A hand-fed machine weighing less than 200 kg fitted with a single circular sawblade (other than a scoring saw) with a diameter of 350 mm or more, up to a maximum diameter of 500 mm, which is fixed during the normal cutting operation, and a horizontal table, all or part of which is fixed during operation. The sawblade is mounted on a horizontal non-tilting spindle, the position of which remains stationary during machining. The machine may have any of the following features:

— the facility for the sawblade to be raised and lowered through the table

— machine frame below the table may be open or enclosed

— the saw may be fitted with an additional, manually operated travelling table (not adjacent to the sawblade).

Section 6 Chain saw, portable

A power-driven tool designed to cut wood with a saw chain and consisting of an integrated compact unit of handles, power source and cutting attachment, designed to be supported with two hands.

Section 7 Combined high pressure flusher and suction vehicle

A vehicle which may work either as a high pressure flusher or as a suction vehicle. See high pressure flusher and suction vehicle.

Section 8 Compaction machine

A machine which compacts material, eg rock fills, soil or asphalt surfacing, through a rolling, tamping or vibrating action of the working tool. It may be self-propelled, towed, walk-behind or an attachment to a carrying machine. Compaction machines are subdivided as follows:

— rollers for ride-on operators: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres; the operator’s station is an integral part of the machine

— walk-behind rollers: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres in which the operation facilities for travelling, steering, braking and vibrating are disposed in such a way that the machines have to be operated by an attending operator or by remote control

— towed roller: compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres which do not possess an independent drive system and where the operator’s station is to be found on a tractor unit

— vibratory plates and vibratory rammers: compaction machines with mainly flat base plates which are made to vibrate. They are operated by an attending operator or as an attachment to a carrier machine

— explosion rammers: compaction machines with mainly a flat pad as the compacting tool which is made to move in a predominantly vertical direction by explosion pressure. The machine is operated by an attending operator.

Section 9 Compressor

Any machine for use with interchangeable equipment which compresses air, gases or vapours to a pressure higher than the inlet pressure. A compressor comprises the bare compressor itself, the prime mover and any component or device supplied, which is necessary for safe operation of the compressor.

Section 10 Concrete-breakers and picks, hand held

Powered (by any method) concrete-breakers and picks used to perform work on civil engineering and building sites.

Section 11 Concrete or mortar mixer

A machine to prepare concrete or mortar, irrespective of the loading, mixing and emptying process. It may be operated intermittently or constantly. Concrete mixers on trucks are called truck mixers (see definition 55).

Section 12 Construction winch

A power-operated, temporarily installed lifting appliance which is equipped with means for raising and lowering a suspended load.

Section 13 Conveying and spraying machine for concrete and mortar

Items of plant pumping and spraying concrete or mortar, with or without agitator, whereby the material to be transported is conveyed to the placing position through pipelines, distribution devices or distribution booms. Conveyance is carried out:

— for concrete mechanically, by piston or rotor pumps

— for mortar mechanically by piston, worm, hose and rotor pumps or pneumatically by compressors with or without air chamber.

Section 14 Conveyor belt

A temporarily installed machine suitable for transporting material by means of a power-driven belt.

Section 15 Cooling equipment on vehicles

A cargo space refrigeration unit on vehicle categories N2, N3, O3 and O4 as defined by Directive 70/156/EEC .

Section 16 Dozer

A self-propelled wheeled or crawler machine used to exert a push or pull force through mounted equipment.

Section 17 Drill rig

A machine which is used for drilling holes on construction sites by:

— percussive drilling

— rotary drilling

— rotary percussive drilling.

Section 18 Dumper

A self-propelled wheeled or crawler machine having an open body, which either transports and dumps or spreads material. Dumpers may be equipped with integral self-loading equipment.

Section 19 Equipment for loading and unloading of silos or tanks on trucks

Powered devices attached to silo or tanker trucks for loading or unloading of liquids or bulk material by means of pumps or similar equipment.

Section 20 Excavator, hydraulic or rope-operated

A self-propelled crawler or wheeled machine having an upper structure capable of a minimum of 360 degrees rotation, which excavates, swings and dumps material by the action of a bucket fitted to the boom and arm or telescopic boom, without moving the chassis or undercarriage during any one cycle of the machine.

Section 21 Excavator-loader

A self-propelled wheeled or crawler machine having a main structural support designed to carry both a front-mounted bucket loading mechanism and a rear-mounted backhoe. When used in the backhoe mode, the machine normally digs below ground level with bucket motion towards the machine. The backhoe lifts, swings and discharges material while the machine is stationary. When used in the loader mode, the machine loads or excavates through forward motion of the machine, and lifts, transports and discharges material.

Section 22 Glass recycling container

A container, built of whatever material, that is used for the collection of bottles. It is equipped with at least one opening for filling in bottles and another one for emptying the container.

Section 23 Grader

A self-propelled wheeled machine having an adjustable blade, positioned between front and rear axles, which cuts, moves and spreads material usually to grade requirements.