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The Electrical Equipment (Safety) Regulations 2016

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  1. Introductory Text

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    PART 1 Preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 2A.Designated standard

    4. 3.Electrical equipment to which these Regulations apply

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    Part 2 Obligations of economic operators

    1. Manufacturers

      1. 4.Design and manufacture in accordance with safety objectives

      2. 5.Technical documentation and conformity assessment

      3. 6. Declaration of conformity and UK marking

      4. 7.Retention of technical documentation and EU declaration of conformity

      5. 8.Labelling of electrical equipment

      6. 9.Instructions and safety information

      7. 10.Compliance procedures for series production

      8. 11.Monitoring

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

      10. 13.Provision of information and cooperation

    2. Authorised representatives

      1. 14.Manufacturer's authorised representatives

    3. Importers

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

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

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

      4. 18.Information identifying importer

      5. 19.Instructions and safety information

      6. 20.Storage and transport of electrical equipment

      7. 21.Retention of technical documentation and EU declaration of conformity

      8. 22.Monitoring

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

      10. 24.Provision of information and cooperation

    4. Distributors

      1. 25.Duty to act with due care

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

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

      4. 28.Storage and transport of electrical equipment

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

      6. 30.Provision of information and cooperation

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

    5. All economic operators

      1. 32.Translation of declaration of conformity

      2. 33.Identification of economic operators

      3. 34.Prohibition on improper use of UK marking

      4. 34A.Obligations which are met by complying with obligations in the Directive

      5. 34B.Further use of UK marking

      6. 34C.Qualifying Northern Ireland Goods

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

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    PART 3 Conformity assessment

    1. 36.Presumption of conformity on the basis of designated standards

    2. 37.Conformity with other standards and requirements

    3. 38.Declaration of conformity

    4. 39. UK marking

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    PART 4 Market surveillance and enforcement

    1. 40.Designation of market surveillance authority

    2. 41.Enforcement

    3. 42.Enforcement powers

    4. 43.Exercise of enforcement powers

    5. 44.Evaluation of electrical equipment presenting a risk

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

    7. 46.Union safeguard procedure

    8. 47.Enforcement action in respect of electrical equipment which is in conformity, but presents a risk

    9. 48.Enforcement action in cases of formal non-compliance

    10. 49.Restrictive measures

    11. 50.Offences

    12. 51.Penalties

    13. 52.Defence of due diligence

    14. 53.Liability of persons other than principal offender

    15. 54.Time limit for prosecution of offences

    16. 55.Service of documents

    17. 56.Recovery of expenses of enforcement

    18. 57.Action by enforcing authority

    19. 58.Appeals against notices

    20. 59.Appropriate court for appeals against notices

    21. 60.Compensation

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    PART 5 Miscellaneous

    1. 61.Review

    2. 62.Transitional provisions and savings

    3. 62A.Transitional provision in relation to EU Exit

    4. 63.Revocations and amendments

    5. 64.Schedule 7 (consequential amendments) has effect.

  7. Signature

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      SCHEDULE 1

      Principal elements of the safety objectives for electrical equipment designed for use within certain voltage limits

      1. 1.General conditions (a) The essential characteristics, the recognition and observance...

      2. 2.Protection against hazards arising from the electrical equipment

      3. 3.Protection against hazards which may be caused by external influences...

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      SCHEDULE 2

      Conformity Assessment Procedure

      1. 1.Module A Internal production control

      2. 2.Technical documentation

      3. 3.Manufacturing

      4. 4.UK marking and EU declaration of conformity

      5. 5.Authorised representative

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      SCHEDULE 3

      Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act

      1. 1.Enforcement powers under the 1987 Act

      2. 2.Modifications to the 1987 Act

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      SCHEDULE 4

      Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act

      1. 1.Enforcement powers under the 1974 Act

      2. 2.Modifications to the 1974 Act

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      SCHEDULE 5

      Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order

      1. 1.Enforcement powers under the 1978 Order

      2. 2.Modifications to the 1978 Order

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      SCHEDULE 6

      Compliance, withdrawal and recall notices

      1. 1.Compliance notice

      2. 2.Withdrawal notice

      3. 3.Recall notice

      4. 4.Interpretation

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      SCHEDULE 7

      Consequential amendments

      1. 1.Amendment of the Plugs and Sockets etc (Safety) Regulations 1994

      2. 2.Amendment of the Provision and Use of Work Equipment Regulations 1998

      3. 3.Amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999

      4. 4.Amendment of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

      5. 5.Amendment of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

      6. 6.Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

      7. 7.Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

      8. 8.Amendment of the Building Regulations 2010

      9. 9.Amendment of the Homelessness (Suitability of Accommodation) (England) Order 2012

      10. 10.Amendment of the Energy Act 2013 (Office for Nuclear Regulation) Consequential Amendments, Transitional Provisions and Savings) Order 2014

      11. 11.Amendment of the Consumer Rights Act 2015

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      SCHEDULE 8

      EU Declaration of Conformity

      1. 1.Declaration of conformity (No xxxx)

      2. 2.Name and address of manufacturer or his authorised representative:

      3. 3.This declaration of conformity is issued under the sole responsibility...

      4. 4.Object of the declaration (identification of electrical equipment allowing traceability;...

      5. 5.The object of the declaration described above is in conformity...

      6. 6.References to the relevant designated standards used or references to...

      7. 7.Additional information: Signed for and on behalf of: (place and...

  8. Explanatory Note

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