The Electrical Equipment (Safety) Regulations 2016

• Citation: S.I. 2016/1101
• Sections: 105

Section 1 Citation and commencement

These Regulations may be cited as the Electrical Equipment (Safety) Regulations 2016 and come into force on 8th December 2016 (“ the commencement date ”).

Section 2 Interpretation

(1) In these Regulations—

“ the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;

“ the 1978 Order ” means the Health and Safety at Work (Northern Ireland) Order 1978

“ the 1987 Act ” means the Consumer Protection Act 1987 ;

“ the 1994 Regulations ” means the Electrical Equipment (Safety) Regulations 1994 ;

“ authorised representative ” means a person established within the EU appointed in accordance with regulation 14 (manufacturer’s authorised representatives);

“ declaration of conformity ” means a declaration of conformity required to be drawn up in accordance with regulation 6 (declaration of conformity);

“ designated standard ” has the meaning given to it in regulation 2A;

...

“ the Directive ” means Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits ...;

“ distributor ” means any person in the supply chain, other than the manufacturer or the importer, who makes electrical equipment available on the market;

“ district council ” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ”;

“ economic operator ” means a manufacturer, importer, distributor or authorised representative;

“ electrical equipment ” means any electrical equipment to which these Regulations apply;

...

“ enforcing authority ” means any person enforcing these Regulations under regulation 41 (enforcement);

...

“ importer ” means a person who—

is established in the United Kingdom and places electrical equipment from a country outside of the United Kingdom on the market; or

is established in Northern Ireland and places electrical equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

...

“ making available on the market ” means any supply of electrical equipment for distribution, consumption or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions are to be construed accordingly;

“ manufacturer ” means any person who—

manufactures electrical equipment, or has electrical equipment designed or manufactured; and

markets that electrical equipment under that person's name or trade mark;

“market surveillance authority”, in the United Kingdom, has the meaning set out in regulation 40 (designation of market surveillance authority);

...

“ placing on the market ” means the first making available of electrical equipment on the market of Great Britain , and related expressions are to be construed accordingly;

“ principal elements of the safety objectives ” means the principal elements of the safety objectives set out in Schedule 1;

“ RAMS ” means Regulation ( EC ) 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation ( EEC ) No 339/93 ;

“ recall ” means any measure aimed at achieving the return of electrical equipment that has already been made available to the end-user;

“ relevant economic operator ” means, in relation to electrical equipment, an economic operator with obligations in respect of that electrical equipment under these Regulations;

“ relevant international safety provision ” means a safety provision of a standard set out by the International Commission on the Rules for the Approval of Electrical Equipment or the International Electrotechnical Commission, which has been published by the Secretary of State in a manner the Secretary of State considers appropriate;

“ technical documentation ” means the documentation referred to in paragraph 2 of Schedule 2;

“ technical specification ” means a document that prescribes technical requirements to be fulfilled by electrical equipment;

UK marking” means the marking in the form set out in Annex 2 of RAMS;

“ weights and measures authority ” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 ;

“ withdraw ” means take any measure aimed at preventing electrical equipment in the supply chain from being made available on the market.

(2) In these Regulations, a reference to electrical equipment being “ in conformity with Part 2 ” means that—

(a) the electrical equipment is in conformity with the principal elements of the safety objectives; and

(b) each relevant economic operator has complied, or is complying, in relation to the electrical equipment, with the obligations imposed on them under Part 2 of these Regulations which must be satisfied at or before the time at which they make the electrical equipment available on the market.

(3) In regulations 11 and 22 (monitoring), “ risk ” means a risk which could arise from lawful and readily predictable human behaviour.

(4) In the other provisions of these Regulations, “ risk ” means a risk—

(a) which could arise from lawful and readily predictable human behaviour; and

(b) which may result in harm to any of the following interests—

(i) the health and safety of persons;

(ii) domestic animals; or

(iii) property.

(5)

(a) Subject to sub-paragraph (b), in these Regulations, a reference to a member State is to be read as a reference to an EEA State and references to the EU are to be read as references to the European Economic Area.

(b) Sub-paragraph (a) will not apply until the entry into force of any amendment made to Annex II (technical regulations, standards, testing and certification) to the EEA Agreement by a Decision of the EEA Joint Committee, inserting a reference to the Directive into that Annex.

Section 2A Designated standard

(1) Subject to paragraphs (6) and (7), in these Regulations a “ designated standard ” means a technical specification which is—

(a) adopted by a recognised standardisation body or an international standardising body , for repeated or continuous application, with which compliance is not compulsory; and

(b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “ technical specification ” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a) the characteristics required of a product, including—

(i) the levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

(b) the production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “ recognised standardisation body ” means any one of the following organisations—

(a) the European Committee for Standardisation (CEN);

(b) the European Committee for Electrotechnical Standardisation (Cenelec);

(c) the European Telecommunications Standards Institute (ETSI);

(d) the British Standards Institution (BSI).

(3A) In this regulation “ international standardising body ” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

(4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant.

(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) In this regulation, a reference to a “ product ” is a reference to electrical equipment to which these Regulations apply.

(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(10) Regulations made under paragraph (9) are to be made by statutory instrument.

(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 3 Electrical equipment to which these Regulations apply

(1) Subject to paragraph (2), these Regulations apply to electrical equipment—

(a) placed on the market on or after the commencement date; and

(b) designed for use with a voltage rating of between 50 and 1000V for alternating current and between 75 and 1500V for direct current

(2) These Regulations do not apply to—

(a) electrical equipment for use in an explosive atmosphere;

(b) electrical equipment for radiology and medical purposes;

(c) electrical parts for goods and passenger lifts;

(d) electricity meters;

(e) plugs and socket outlets for domestic use;

(f) electric fence controllers;

(g) specialised electrical equipment for use on ships, aircraft or railways, which complies with the safety provisions drawn up by international bodies in which the member States participate;

(h) custom-built evaluation kits destined for professionals to be used at research and development facilities solely for research and development.

(3) Save for regulations 4, 15, 25 (to the extent that it relates to conformity of the electrical equipment with the principal elements of the safety objectives) and 37, these Regulations do not apply to equipment covered by the Radio Equipment Regulations 2017 .

Section 4 Design and manufacture in accordance with safety objectives

Before placing electrical equipment on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the principal elements of the safety objectives.

Section 5 Technical documentation and conformity assessment

Before placing electrical equipment on the market, a manufacturer must—

(a) draw up the technical documentation; and

(b) carry out the conformity assessment procedure set out in Schedule 2 or have it carried out.

Section 6 Declaration of conformity and UK marking

(1) Where the conformity of electrical equipment with the principal elements of the safety objectives has been demonstrated by the conformity assessment procedure set out in Schedule 2, a manufacturer must, before placing that electrical equipment on the market—

(a) draw up a declaration of conformity in accordance with regulation 38 ( ... declaration of conformity); and

(b) affix the UK marking in accordance with regulation 39 ( UK marking).

(2) The manufacturer must keep the ... declaration of conformity up to date.

(3) Where electrical equipment is subject to more than one enactment requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

Section 7 Retention of technical documentation and EU declaration of conformity

A manufacturer must keep the technical documentation and the EU declaration of conformity drawn up in respect of electrical equipment and make them available for inspection by the market surveillance authority for a period of 10 years beginning on the day on which the electrical equipment is placed on the market.

Section 8 Labelling of electrical equipment

(1) Before placing electrical equipment on the market, a manufacturer must—

(a) ensure that it bears a type, batch or serial number or other element allowing its identification; and

(b) ensure that it is marked with—

(i) the name, registered trade name or registered trade mark of the manufacturer; and

(ii) a single postal address at which the manufacturer can be contacted.

(2) Where it is not possible for information specified in 1(a) or (b) to be indicated on the electrical equipment, the manufacturer must ensure that the information is indicated on its packaging or in a document accompanying the electrical equipment.

(3) The contact details referred to in paragraph (1)(b) must be in a language easily understood by end-users and market surveillance authorities.

(4) The information referred to in paragraph (1) must be indicated in a form that is clear, understandable and intelligible.

Section 9 Instructions and safety information

When placing electrical equipment on the market, a manufacturer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

Section 10 Compliance procedures for series production

(1) A manufacturer of electrical equipment which is manufactured by series production must ensure that procedures are in place to ensure that any electrical equipment so manufactured will be in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a) any changes in electrical equipment design or characteristics; and

(b) any change in a designated standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Section 11 Monitoring

(1) When appropriate, with regard to the risks to the health and safety of consumers presented by electrical equipment, the manufacturer must—

(a) carry out sample testing of electrical equipment made available on the market;

(b) investigate complaints that electrical equipment is not in conformity with Part 2;

(c) keep a register of—

(i) complaints that electrical equipment is not in conformity with Part 2;

(ii) electrical equipment which is found not to be in conformity with Part 2; and

(iii) electrical equipment recalls; and

(d) keep distributors informed of any monitoring carried out under this regulation.

(2) The manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Section 12 Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity

(1) A manufacturer who considers, or has reason to believe, that electrical equipment which that manufacturer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring the electrical equipment into conformity;

(b) withdraw the electrical equipment; or

(c) recall the electrical equipment.

(2) Where the electrical equipment presents a risk, the manufacturer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the respect in which the electrical equipment is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Section 13 Provision of information and cooperation

(1) Following a request from an enforcing authority, and within such period as the authority may specify, a manufacturer must provide the authority with all the information and documentation necessary to demonstrate that the electrical equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a) may only be made during the period of 10 years beginning on the day the equipment was placed on the market; and

(b) must be accompanied by the reasons for making the request.

(3) The information and documentation referred to in paragraph (1)—

(a) may be provided electronically; and

(b) must be in a language which can be easily understood by the enforcing authority.

(4) A manufacturer must, at the request of the enforcing authority, cooperate with that authority on any action taken to—

(a) evaluate electrical equipment in accordance with regulation 44 (evaluation of electrical equipment presenting a risk); or

(b) eliminate the risks posed by electrical equipment which the manufacturer has placed on the market.

Section 14 Manufacturer's authorised representatives

(1) A manufacturer may, by written mandate, appoint a person established in the United Kingdom as their authorised representative to perform specified tasks on the manufacturer's behalf.

(2) The mandate must allow the authorised representative to do at least the following in relation to electrical equipment covered by the mandate—

(a) perform the manufacturer's obligations under regulation 7 (retention of technical documentation and EU declaration of conformity); and

(b) perform the manufacturer's obligations under regulation 13 (provision of information and cooperation).

(3) The obligations laid down in regulation 4 (design and manufacture in accordance with safety objectives) and regulation 5(a) (technical documentation) must not form part of an authorised representative's mandate.

(4) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the manufacturer to perform and, accordingly as far as those duties, as well as the penalties for failure to comply with those duties, are concerned, references in these Regulations (except in this regulation) to the manufacturer are to be taken as including a reference to the authorised representative.

(5) A manufacturer who has appointed an authorised representative to perform on the manufacturer's behalf a task under these Regulations remains responsible for the proper performance of that obligation.

Section 15 Prohibition on placing on the market electrical equipment which is not in conformity

An importer must not place electrical equipment on the market unless it is in conformity with Part 2.

Section 16 Requirements which must be satisfied before an importer places electrical equipment on the market

Before placing electrical equipment on the market, an importer must ensure that—

(a) the conformity assessment procedure set out in Schedule 2 has been carried out;

(b) the manufacturer has drawn up the technical documentation;

(c) the electrical equipment bears the UK marking; and

(d) the manufacturer has complied with the requirements of regulation 8 (labelling of electrical equipment).

Section 17 Prohibition on placing on the market electrical equipment considered not to be in conformity with the safety objectives

(1) Where an importer considers, or has reason to believe, that electrical equipment is not in conformity with the principal elements of the safety objectives, the importer must not place the electrical equipment on the market.

(2) Where the electrical equipment presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Section 18 Information identifying importer

(1) Before placing electrical equipment on the market, an importer must indicate on the electrical equipment—

(a) the name, registered trade name or registered trade mark of the importer; and

(b) a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language easily understood by end-users and the market surveillance authority ....

(3) Paragraph (1) does not apply where—

(a) either—

(i) it is not possible to set out the information referred to in paragraph (1) on the electrical equipment; or

(ii) the importer has imported the electrical equipment from an EEA state or Switzerland and places it on the market within the period of seven years beginning with IP completion day; and

(b) before placing the electrical equipment on the market, the importer sets out the information referred to in paragraph (1)—

(i) on the packaging; or

(ii) in a document accompanying the electrical equipment.

Section 19 Instructions and safety information

When placing electrical equipment on the market, an importer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

Section 20 Storage and transport of electrical equipment

Where an importer has responsibility for electrical equipment, the importer must ensure that the conditions under which it is stored or transported do not jeopardise its conformity with the principal elements of the safety objectives.

Section 21 Retention of technical documentation and EU declaration of conformity

An importer must, for a period of 10 years beginning on the day on which electrical equipment is placed on the market, keep and, upon request, make available to an enforcing authority the following in relation to the electrical equipment—

(a) a copy of the EU declaration of conformity; and

(b) the technical documentation.

Section 22 Monitoring

(1) Where appropriate, having regard to the risks to the health and safety of consumers presented by electrical equipment, the importer must—

(a) carry out sample testing of electrical equipment made available on the market by the importer;

(b) investigate complaints that electrical equipment made available on the market by the importer is not in conformity with Part 2;

(c) keep a register of—

(i) complaints that electrical equipment is not in conformity with Part 2;

(ii) electrical equipment which is found not to be in conformity with Part 2; and

(iii) electrical equipment recalls; and

(d) keep distributors informed of any monitoring carried out under this regulation.

(2) The importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Section 23 Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity

(1) An importer who considers, or has reason to believe, that electrical equipment which that importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring that electrical equipment into conformity;

(b) withdraw the electrical equipment; or

(c) recall the electrical equipment.

(2) Where the electrical equipment presents a risk, the importer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the respect in which the electrical equipment is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Section 24 Provision of information and cooperation

(1) Following a request from an enforcing authority, and within such period as the authority may specify, an importer must provide the authority with all the information and documentation necessary to demonstrate that electrical equipment is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a) may only be made during the period of 10 years beginning on the day the importer places the equipment on the market; and

(b) must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)—

(a) may be provided electronically; and

(b) must be in a language which can be easily understood by the enforcing authority.

(4) An importer must, at the request of the enforcing authority, cooperate with that authority on any action taken to—

(a) evaluate electrical equipment in accordance with regulation 44 (evaluation of electrical equipment presenting a risk); or

(b) eliminate the risks posed by electrical equipment which the importer has placed on the market.

Section 25 Duty to act with due care

When making electrical equipment available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Section 26 Requirements which must be satisfied before a distributor makes electrical equipment available on the market

(1) Before making electrical equipment available on the market, the distributor must verify that—

(a) the electrical equipment—

(i) bears the UK marking;

(ii) is accompanied by the required documents;

(iii) is accompanied by instructions and safety information that are clear, legible and easily understandable English;

(b) the manufacturer has complied with the requirements of regulation 8 (labelling of electrical equipment);

(c) the importer has complied with the requirements of regulation 18 (information identifying importer).

(2) In paragraph (1)(a)(ii), “ required documents ” means the documents that the manufacturer or importer is required to provide with the electrical equipment pursuant to—

(a) regulation 8 (labelling of electrical equipment);

(b) regulation 9 or 19 (instructions and safety information); and

(c) regulation 18 (information identifying importer).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 27 Prohibition on making available on the market where electrical equipment considered not to be in conformity with safety objectives

(1) Where a distributor considers or has reason to believe that electrical equipment is not in conformity with the principal elements of the safety objectives, the distributor must not make the electrical equipment available on the market until it has been brought into conformity.

(2) Where the electrical equipment presents a risk, the distributor must inform the following persons of the risk—

(a) the manufacturer or the importer; and

(b) the market surveillance authority.

Section 28 Storage and transport of electrical equipment

A distributor must ensure that, while electrical equipment is the distributor's responsibility, its storage or transport conditions do not jeopardise its conformity with the principal elements of the safety objectives.

Section 29 Duty to take action in respect of electrical equipment made available on the market which is considered not to be in conformity

(1) A distributor who considers, or has reason to believe, that electrical equipment which that distributor has made available on the market is not in conformity with Part 2 must ensure that the necessary corrective measures are taken to—

(a) bring that electrical equipment into conformity;

(b) withdraw the electrical equipment; or

(c) recall the electrical equipment.

(2) Where the electrical equipment presents a risk, the distributor must immediately inform the market surveillance authority ... of that risk, giving details of—

(a) the respect in which the electrical equipment is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Section 30 Provision of information and cooperation

(1) Following a request from an enforcing authority, and within such period as the authority may specify, a distributor must provide the authority with all the information and documentation necessary to demonstrate that electrical equipment is in conformity with Part 2.

(2) The information referred to in paragraph (1)—

(a) may be provided electronically; and

(b) must be in a language which can be easily understood by the enforcing authority.

(3) A distributor must, at the request of the enforcing authority, cooperate with that authority on any action taken to—

(a) evaluate electrical equipment in accordance with regulation 44 (evaluation of electrical equipment presenting a risk); or

(b) eliminate the risks posed by electrical equipment which the distributor has made available on the market.

Section 31 Cases in which obligations of manufacturers apply to importers and distributors

(1) An importer or distributor (“A”) is to be considered a manufacturer for the purposes of these Regulations, and is subject to the relevant obligations of the manufacturer under this Part, where A—

(a) places electrical equipment on the market under A's own name or trademark; or

(b) modifies electrical equipment already placed on the market in such a way that it may affect whether the electrical equipment is in conformity with Part 2.

(2) In paragraph (1), “ relevant obligations ” means the obligations under regulations 4 (design and manufacture in accordance with safety objectives) to 13 (provision of information and cooperation).

Section 32 Translation of declaration of conformity

(1) Before making electrical equipment available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the relevant state in which it is to be made available on the market.

(2) Where the electrical equipment is to be made available on the market in Northern Ireland , the language required is English.

Section 33 Identification of economic operators

(1) An economic operator (“E”) who receives a request in relation to electrical equipment from the market surveillance authority before the end of the relevant period must, within such period as that authority may specify, identify to the authority—

(a) any other economic operator who has supplied E with the electrical equipment; and

(b) any other economic operator to whom E has supplied the electrical equipment.

(2) The relevant period is—

(a) for information under paragraph (1)(a), 10 years beginning on the day on which E was supplied with the electrical equipment;

(b) for information under paragraph (1)(b), 10 years beginning on the day on which E supplied the electrical equipment.

Section 34 Prohibition on improper use of UK marking

(1) An economic operator must not affix the UK marking to electrical equipment unless—

(a) that economic operator is the manufacturer; and

(b) the conformity of the electrical equipment with the principal elements of the safety objectives has been demonstrated by the conformity assessment procedure set out in Schedule 2.

(2) An economic operator must not affix to electrical equipment a marking which—

(a) is not the UK marking; but

(b) purports to attest that the electrical equipment is in conformity with the principal elements of the safety objectives.

(3) An economic operator must not affix to electrical equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.

(4) An economic operator must not affix to electrical equipment any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.

Section 34A 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 or an Annex of the Directive;

(b) “ CE marking ” has the meaning given to it in Article 2(14); and

(c) “ harmonised standard ” has the meaning given to it in Article 2(9).

(2) Paragraph (3) applies where, before placing electrical equipment on the market, the manufacturer—

(a) ensures that the electrical equipment has been designed and manufactured in accordance with the principal elements of the safety objectives set out in Annex I;

(b) ensures that the conformity assessment procedure that applies to that equipment in accordance with Annex III has been carried out;

(c) draws up the technical documentation referred to in Annex III;

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared or translated into English;

(e) affixes a CE marking, in accordance with Articles 16 and 17(1) and (2);

(f) draws up an EU declaration of conformity, in accordance with Article 15; and

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

(3) Where this paragraph applies—

(a) the requirements of regulations 4, 5, 6(1) and (3) are to be treated as being satisfied;

(b) regulations 2(2)(a), 6(2), 7, 10(2), 14(2), and 34 apply subject to the modifications in paragraph (8);

(c) Part 3 does not apply; and

(d) regulation 48(1) does not apply.

(4) Paragraph (5) applies where, before placing electrical equipment on the market, the importer ensures that—

(a) the conformity assessment procedure that applies to that equipment in accordance with Annex III has been carried out;

(b) the manufacturer has drawn up the technical documentation referred to in Annex III; and

(c) the equipment bears the CE marking.

(5) Where this paragraph applies—

(a) the requirements of regulation 16(a) to (c) are to be treated as being satisfied; and

(b) regulations 2(2)(a), 17(1), 20 and 21 apply subject to the modifications in paragraph (8).

(6) Paragraph (7) applies where, before making electrical equipment available on the market, a distributor ensures that the equipment bears the CE marking.

(7) Where this paragraph applies—

(a) regulation 26(1)(a)(i) is to be treated as being satisfied; and

(b) regulations 27(1) and 28 apply subject to the modifications in paragraph (10).

(8) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (7)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

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

(c) any reference to “principal elements of the safety objectives” is to be read as a reference to the principal elements of the safety objectives referred to in Annex I;

(d) any reference to “designated standard” is to be read as a reference to a harmonised standard within the meaning of Article 2(9);

(e) any reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the equipment in accordance with Annex III; and

(f) any reference to “ technical documentation ” is a reference to the technical documentation referred to in Annex III.

Section 34B Further use of UK marking

(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) “ harmonised standard ” has the meaning given to it in Article 2(9).

(2) Paragraph (3) applies where before placing electrical equipment on the market, the manufacturer—

(a) ensures that the electrical equipment has been designed and manufactured in accordance with the principal elements of the safety objectives set out in Annex I;

(b) ensures that the conformity assessment procedure that applies to that electrical equipment in accordance with Annex III has been carried out;

(c) draws up the technical documentation referred to in Annex III; and

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

(3) Where this paragraph applies—

(a) the requirements of regulations 4 and 5 are to be treated as being satisfied;

(b) except for regulations 38 and 39, Part 3 does not apply;

(c) regulations 2(2)(a), 6(1), 7, 10(2)(b), 14, 16(a) and (b), 20, 21, 27, 28 and 48 and Schedule 8 apply subject to the modifications in paragraph (4);

(d) regulations 34 and 38 and Schedule 8 apply 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 “principal elements of the safety objectives” is to be read as a reference to the principal elements of the safety objectives referred to in Annex I;

(b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c) any reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the equipment in accordance with Annex III;

(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III.

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

(a) in regulations 34 and 38 any reference to Schedule 2 is to be read as a reference to Annex III;

(b) in paragraph 5 of Schedule 8 the reference to “statutory requirements” is to be read as including the Directive.

Section 34C Qualifying Northern Ireland Goods

(1) Where paragraph (2) applies electrical equipment is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a) electrical equipment—

(i) is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii) is qualifying Northern Ireland goods; and

(b) an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the electrical equipment on the market, the importer—

(a) complies with regulation 18;

(b) ensures that—

(i) the relevant conformity assessment procedure has been carried out in relation to the electrical equipment, in accordance with Part 3, as that Part applies in Northern Ireland;

(ii) the manufacturer has drawn up the technical documentation; and

(iii) the electrical equipment bears the CE marking.

(4) In this regulation—

“ CE marking ” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“ qualifying Northern Ireland goods ” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

“ technical documentation ” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.

Section 35 Safe connection of electrical equipment intended for use in the United Kingdom

(1) This regulation applies to electrical equipment intended for domestic use in the United Kingdom and made available by an economic operator for that purpose.

(2) Where the electrical equipment is a plug in device intended to be connected, without the use of a mains lead or plug, directly to the United Kingdom public electricity supply via a socket outlet conforming to BS 1363, the economic operator must ensure that the plug in device is compatible with socket outlets conforming to BS 1363.

(3) Where the electrical equipment has a flexible lead and plug assembly and is intended to be connected to the United Kingdom public electricity supply by means of a socket outlet conforming to BS 1363, the economic operator must ensure that that plug assembly—

(a) is a correctly fitted standard plug; or

(b) is—

(i) a correctly fitted non-UK plug, conforming to the safety provisions of IEC 884-1 and correctly fitted with a compatible conversion plug; and

(ii) fitted with a fuse link which conforms to BS 1362 and which is rated in accordance with the electrical equipment manufacturer's instructions.

(4) In this regulation, “socket”, “BS 1363”, “standard plug”, “non-UK plug”, “IEC 884-1”, “ conversion plug ”, “ fuse link ” and “ BS 1362 ” have the meanings given in the Plugs and Sockets etc. (Safety) Regulations 1994 .

Section 36 Presumption of conformity on the basis of designated standards

(1) Electrical equipment which is in conformity with a designated standard (or part of such a standard) ... is to be presumed to be in conformity with the principal elements of the safety objectives covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Section 37 Conformity with other standards and requirements

(1) Where there are no relevant designated standards, electrical equipment which complies with relevant international safety provisions is to be presumed to be in conformity with the principal elements of the safety objectives unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.

(2) When there are no relevant designated standards and no relevant international safety provisions, electrical equipment is to be taken to comply with the principal elements of the safety objectives where—

(a) the equipment has been manufactured in accordance with the national safety provisions applicable to that equipment in the member State of manufacture; and

(b) as a result of its compliance with those national safety provisions, at the time when it is made available on the market it is at least as safe as it would be if it were in conformity with the principal elements of the safety objectives.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 38 Declaration of conformity

The ... declaration of conformity for electrical equipment must—

(a) state that the fulfilment of the principal elements of the safety objectives has been demonstrated in respect of the electrical equipment;

(b) have the model structure set out in Schedule 8; and

(c) contain the elements specified in Schedule 2 for Module A Internal production control.

Section 39 UK marking

(1) The UK marking must be affixed visibly, legibly and indelibly to—

(a) the electrical equipment;

(b) its data plate; or

(c) where paragraph (1A) applies, to—

(i) a label affixed to the electrical equipment; or

(ii) to a document accompanying the electrical equipment.

(1A) For a period of seven years beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the electrical equipment; or

(b) to a document accompanying the electrical equipment;

(2) Where paragraph (1A) does not apply and it is not possible or warranted, on account of the nature of the electrical equipment, to affix the UK marking in accordance with paragraph (1), the UK marking must be affixed to—

(a) the packaging; and

(b) the accompanying documents.

Section 40 Designation of market surveillance authority

(1) The market surveillance authority is—

(a) in the case of electrical equipment for use or operation in the circumstances in paragraph (2)—

(i) subject to paragraph (3), in Great Britain, the Health and Safety Executive ; and

(ii) in Northern Ireland, the Health and Safety Executive for Northern Ireland ;

(b) in the case of electrical equipment for private use or consumption (other than as referred to in paragraph (2)(b))—

(i) in Great Britain, within its area, a weights and measures authority; and

(ii) in Northern Ireland, within its area, a district council.

(2) The circumstances referred to in paragraph (1)(a) are where—

(a) electrical equipment is designed for use or operation, whether exclusively or not, by persons at work; or

(b) electrical equipment is designed for use, otherwise than at work, in non-domestic premises made available to persons at a place where they may use the equipment provided for their own use there.

(3) In so far as these Regulations apply to electrical equipment intended exclusively or primarily for use on relevant nuclear sites, the market surveillance authority is the Office for Nuclear Regulation.

(4) In paragraph (3), “ relevant nuclear site ” means a site which is—

(a) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013 );

(b) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 ); or

(c) a new nuclear build site (within the meaning given in those Regulations).

Section 41 Enforcement

(1) Subject to paragraph (2), these Regulations and RAMS (in its application to electrical equipment) must be enforced by the market surveillance authority.

(2) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to electrical equipment).

(3) Before taking enforcement action under paragraph (2), an enforcing authority which is not the market surveillance authority must notify the market surveillance authority of the proposed action.

(4) In Scotland, only the Lord Advocate may commence proceedings for an offence under these Regulations.

Section 42 Enforcement powers

(1) Schedule 3 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act) has effect where the enforcing authority is—

(a) a weights and measures authority;

(b) a district council; or

(c) the Secretary of State.

(2) Schedule 4 (enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act) has effect where the enforcing authority is the Health and Safety Executive or the Office for Nuclear Regulation.

(3) Schedule 5 (enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order) has effect where the enforcing authority is the Health and Safety Executive for Northern Ireland.

(4) In addition to the powers available to an enforcing authority by virtue of, as appropriate, paragraph (1), (2) or (3), the authority may use the powers in Schedule 6 (compliance, withdrawal and recall notices) .

(5) This regulation does not prevent an enforcing authority from taking action in respect of electrical equipment under the General Product Safety Regulations 2005 .

Section 43 Exercise of enforcement powers

When enforcing these Regulations the enforcing authority must exercise its powers in a manner which is consistent with—

(a) regulation 44 (evaluation of electrical equipment presenting a risk);

(b) regulation 45 (enforcement action in respect of electrical equipment which is not in conformity and which presents a risk);

(c) regulation 46 (Union safeguard procedure);

(d) regulation 47 (enforcement action in respect of electrical equipment which are in conformity, but which present a risk);

(e) regulation 48 (enforcement action in respect of formal non-compliance);

(f) regulation 49 (restrictive measures).

Section 44 Evaluation of electrical equipment presenting a risk

(1) Where the market surveillance authority has sufficient reason to believe that electrical equipment presents a risk, the market surveillance authority must carry out an evaluation in relation to the electrical equipment covering the relevant requirements of Part 2 applying in respect of that electrical equipment.

(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that electrical equipment presents a risk, that enforcing authority may carry out an evaluation in relation to the electrical equipment covering the requirements of Part 2 applying in respect of that electrical equipment.

Section 45 Enforcement action in respect of electrical equipment which is not in conformity and which presents a risk

(1) Where, in the course of an evaluation referred to in regulation 44, an enforcing authority finds that electrical equipment is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—

(a) take all appropriate corrective actions to bring the electrical equipment into conformity with those requirements within a prescribed period;

(b) withdraw the electrical equipment within a prescribed period; or

(c) recall the electrical equipment within a prescribed period.

(2) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

(a) the results of the evaluation; and

(b) the actions which it has required the economic operator to take.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the relevant economic operator does not take adequate corrective action within the prescribed period referred to in paragraph (1), the enforcing authority must take all appropriate measures to—

(a) prohibit or restrict the electrical equipment being made available on the market in the United Kingdom;

(b) withdraw the electrical equipment from the United Kingdom market; or

(c) recall the electrical equipment.

(5) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (4), it must notify the Secretary of State of those measures without delay.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The notice in paragraph (5) must include, where available—

(a) the data necessary for the identification of the electrical equipment which is not in conformity with Part 2;

(b) the origin of the electrical equipment;

(c) the nature of the lack of conformity alleged and the risk involved;

(d) the nature and duration of the measures taken;

(e) the arguments put forward by the relevant economic operator; and

(f) a statement as to whether the lack of conformity is due to—

(i) failure of the electrical equipment to meet relevant requirements relating to a risk; or

(ii) shortcomings in a designated standard referred to in regulation 36 conferring a presumption of conformity.

(8) In this regulation, “ prescribed period ” means a period which is—

(a) prescribed by the enforcing authority; and

(b) reasonable and commensurate with the nature of the risk presented by the electrical equipment.

Section 46 Union safeguard procedure

(1) Where another relevant state has initiated the procedure under Article 19(4) of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a) any measures taken by that enforcing authority in Northern Ireland in respect of the electrical equipment which is the subject of that procedure;

(b) any additional information which the enforcing authority has at its disposal relating to the lack of conformity of that electrical equipment.

(2) Where another relevant state has initiated the procedure under Article 19(4) of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other relevant states of—

(a) any measures taken by an enforcing authority in respect of the electrical equipment which is the subject of that procedure;

(b) any additional information which an enforcing authority has at its disposal relating to the lack of conformity of that electrical equipment.

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another relevant state in respect of electrical equipment is considered justified by the European Commission under Article 20(1) of the Directive, the market surveillance authority must take the necessary measures to ensure that electrical equipment is withdrawn from the market in Northern Ireland .

(4) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3), it must inform the Secretary of State.

(5) Where the Secretary of State receives a notice under paragraph (4) or has taken action under paragraph (3), the Secretary of State must inform the European Commission of the action taken in respect of Northern Ireland .

(6) If a measure taken by an enforcing authority pursuant to regulation 45 is considered unjustified by the European Commission under Article 20(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure in respect of Northern Ireland .