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

General duty relating to placing on the market or putting into service E+W+S

7.—(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 [F1 UK] marking and the indication of the guaranteed sound power level in accordance with regulation 11; and

(d) it is accompanied by [F2 a] declaration of conformity the minimum content of which is set out in Schedule 5.

[F3 (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 [F4 seven years] beginning with IP completion day.]

(3) F5 ... 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.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Word in reg. 7(2)(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 3(a) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 7(2)(d) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 3(b) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 7(2A)(2B) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 3(ba) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 5(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 7(2B) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 (b)

F5 Words in reg. 7(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 3(c) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

General duty relating to placing on the market or putting into service N.I.

7.—(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;

[F6 (c) in accordance with regulation 11, it bears the—

(i) CE marking, accompanied, where regulation 11(2A) applies, by the UK(NI) indication;

(ii) indication of the guaranteed sound power level;]

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

(3) In respect of equipment to be placed on the market or put into service in the United Kingdom, 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.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F6 Reg. 7(2)(c) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 2(3)