- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2014)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 16/10/2015
Point in time view as at 01/04/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Supply of Machinery (Safety) Regulations 2008, Section 2 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
2.—(1) In these Regulations—
(a)references to “the Directive” are references to Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC M1 [F1, as amended by Directive 2009/127/EC of the European Parliament and of the Council amending Directive 2006/42/EC with regard to machinery for pesticide application]; and
(b)Annexes I to XI to the Directive are reproduced in Schedule 2 (with minor changes reflecting the Directive's application to the EEA M2, and certain details of the Directive's implementation in these Regulations – in particular, the use of certain defined terms and the adoption of gender neutral drafting), so that each Annex is a separate Part of that Schedule; accordingly, where reference is made to an Annex designated by a Roman numeral, the reference is to the Part of Schedule 2 designated by the corresponding Arabic numeral and reproducing the text of the Annex to the Directive designated by that Roman numeral in the Directive.
(2) In these Regulations—
“the 1974 Act” means the Health and Safety at Work etc Act 1974 M3;
“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M4;
“the 1987 Act” means the Consumer Protection Act 1987 M5;
“the 1992 Regulations” means the Supply of Machinery (Safety) Regulations 1992 M6;
“applicable” means, in relation to the application of essential health and safety requirements to any machine, those essential health and safety requirements which are expressed in Annex I (Part 1 of Schedule 2) as applying either to all machinery or to machinery of a category to which that machine belongs or which has a characteristic that it shares;
“authorised representative” means a person established in an EEA state who has received a written mandate from the manufacturer to perform, on the manufacturer's behalf, all or part of the obligations and formalities imposed on manufacturers (either as “manufacturers” or “responsible persons”) by these Regulations or otherwise in connection with the Directive;
“CE marking” means a mark consisting of the symbol “CE” set out in the form shown in Annex III (Part 3 of Schedule 2);
“chains, ropes and webbing” has the meaning given in regulation 4(2)(e);
“Commission” means Commission of the [F2European Union];
“conformity assessment” means the assessment, in accordance with Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), of whether machinery, or a representative model of machinery, satisfies the applicable requirements of these Regulations, and “conformity assessment procedure” means the procedures specified in any of those Annexes;
“enforcement authority” means—
in Great Britain, subject to sub-paragraph (b) [F3and (ba)]—
in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive; and
in relation to any other machinery or partly completed machinery—
within each local weights and measures authority's area, that authority; or
the Secretary of State;
the Office of Rail Regulation where, in Great Britain, the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 M7 make it the enforcing authority, within the meaning of section 18(7) of the 1974 Act, in relation to machinery for use in the operation of a railway, tramway or any other system of guided transport, as defined in those Regulations; and
[F4the Office for Nuclear Regulation in relation to—
machinery and partly completed machinery which is intended exclusively or primarily for use on a relevant nuclear site; or
putting machinery into service on such a site.]
in Northern Ireland—
in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive for Northern Ireland; and
in relation to any other machinery or partly completed machinery—
within each district council's area, that council; or
the Secretary of State;
[F5“essential health and safety requirements” means the requirements set out in Annex I (Part 1 of Schedule 2), being requirements relating to the design and construction of the products to which these Regulations apply to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, in the case of machinery referred to in section 2.4 of Annex I, of the environment;]
“follow”, in relation to a responsible person and a conformity assessment procedure, means the responsible person complying with the requirements which the conformity assessment procedure, as expressed in Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), imposes on responsible persons;
“harmonised standard” means a non-binding technical specification adopted by the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI), on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services M8;
“the Health and Safety Executive” (except where express reference is made to the Health and Safety Executive for Northern Ireland) means the Health and Safety Executive established under section 10 of the 1974 Act;
“the Health and Safety Executive for Northern Ireland” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;
“interchangeable equipment” has the meaning given in regulation 4(2)(b);
“lifting accessory” has the meaning given in regulation 4(2)(d);
“machine” means an item of machinery;
“machinery” has the meaning given in regulation 4(3);
“manufacturer” means, in relation to machinery or partly completed machinery—
a person who designs or manufactures that machinery or partly completed machinery—
with a view to its being placed on the market under that person's own name or trademark; or
for that person's own use in an EEA state; or
if there is no such person, the person who places that machinery or partly completed machinery on the market or puts it into service;
“notified body” means—
a UK notified body;
a person designated as a notified body for the purposes of the Directive by another EEA state and notified by that state to the Commission and the other EEA states under Article 14(1) of the Directive; or
a person recognised for the purpose of carrying out the functions of a notified body under the Directive under or by virtue of—
a mutual recognition agreement relating to the Directive; or
a similar agreement (including a Protocol to a Europe Agreement, or another Agreement, on Conformity Assessment and Acceptance of Industrial Products),
which has been concluded between the [F2European Union] and a state other than an EEA state;
“notified body criteria” has the meaning given in regulation 16(6);
“notified body designation” has the meaning given in regulations 16(2) and (4);
“official Community language” means an official language of an EEA state;
“partly completed machine” means an item of partly completed machinery;
“partly completed machinery” has the meaning given in regulation 6;
“place on the market” and related expressions have the meaning given in regulation 3;
“published harmonised standard” has the meaning given in regulation 7(4);
“put into service” and related expressions have the meaning given in regulation 3;
[F6“relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations);]
“removable mechanical transmission device” has the meaning given in regulation 4(2)(f);
“responsible person” means, in relation to machinery or partly completed machinery—
the manufacturer of that machinery or partly completed machinery; or
the manufacturer's authorised representative;
“safe” means, in relation to machinery, that when it is properly installed and maintained, and used for the purposes for which it is intended, or under conditions which can reasonably be foreseen, it does not—
endanger the health of, or result in death or injury to, any person; or
where appropriate—
endanger the health of, or result in death or injury to, domestic animals; or
endanger property; [F7or
in the case of machinery referred to in section 2.4 of Annex I (Part 1 of Schedule 2), endanger the environment;]
“safety component” has the meaning given in regulation 4(2)(c);
“UK notified body” has the meaning given in regulation 16(3) and (4); and
“use at work” means, in relation to machinery or partly completed machinery, use or operation—
by persons at work (whether exclusively or not); or
otherwise than at work, in non-domestic premises made available to persons at a place where they may use the machinery or partly completed machinery provided for their use there,
and for these purposes, “at work” has the same meaning as it does under or by virtue of section 52 of the 1974 Act for the purposes of Part 1 of that Act.
Textual Amendments
F1Words in reg. 2(1)(a) inserted (15.12.2011) by The Supply of Machinery (Safety) (Amendment) Regulations 2011 (S.I. 2011/2157), regs. 1, 3(2)
F2Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
F3Words in reg. 2(2) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 129(2)(a) (with Sch. 4)
F4Words in reg. 2(2) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 129(2)(b) (with Sch. 4)
F5Words in reg. 2(2) substituted (15.12.2011) by The Supply of Machinery (Safety) (Amendment) Regulations 2011 (S.I. 2011/2157), regs. 1, 3(3)(a)
F6Words in reg. 2(2) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 129(3) (with Sch. 4)
F7Words in reg. 2(2) inserted (15.12.2011) by The Supply of Machinery (Safety) (Amendment) Regulations 2011 (S.I. 2011/2157), regs. 1, 3(3)(b)
Marginal Citations
M1O.J. No. L 157, 9.6.2006, p.24, with corrigendum at O.J. No. L 76, 16.3.2007, p.35.
M2By virtue of Decision No. 6/2007 of the EEA Joint Committee: O.J. No. L 209, 9.8.2007, p.8.
M6S.I. 1992/3073, amended by S.I. 1994/2063, S.I. 2004/693 and S.I. 2005/831.
M7S.I. 2006/557, to which there are amendments not relevant to these Regulations.
M8O.J. No. L 204, 21.7.1998, p.37, as amended by Directives 98/48/EC (O.J. No. L 217, 5.8.1998, p.18) and 2006/96/EC (O.J. No. L 363, 20.12.2006, p.81).
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys