The Supply of Machinery (Safety) Regulations 2008

Placing on the market and putting into service; supplies outside [F1 Great Britain] and showing at trade fairs not covered E+W+S

3.—(1) In these Regulations, subject to paragraph (2)—

(a) references to placing machinery or partly completed machinery on the market are references to making it available in [F2 Great Britain]—

(i) for the first time;

(ii) with a view to distribution or use, whether by the person making it available or another; and

(iii) whether for reward or free of charge; and

(b) references to putting any machinery or partly completed machinery into service are references to the first time that it is used for its intended purpose in [F2 Great Britain].

(2) For the purposes of these Regulations, machinery or partly completed machinery shall not be regarded as being placed on the market or put into service where—

(a) it does not have affixed to it either the [F3 UK] marking, or any inscription likely to be confused with the [F3 UK] marking, and—

(i) it will not be put into service in [F2 Great Britain];

(ii) it is imported into [F2 Great Britain] state for re-export to a country which is not [F2 Great Britain]; or

(iii) it is imported into [F2 Great Britain] other than in the course of a business by a person who intends to use it other than in the course of a business; or

(b) it is shown at a trade fair, exhibition or other similar demonstration; provided that, where any machinery or partly completed machinery which does not comply with the requirements of these Regulations which would apply to it but for this paragraph is shown at a trade fair, exhibition or other similar demonstration, the responsible person—

(i) displays a notice in relation to it, stating that—

(aa) it does not comply with the requirements of these Regulations; and

(bb) it will not be made available until it does comply with those requirements; and

(ii) takes adequate safety measures to ensure that it does not kill or injure any person.

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 Words in reg. 3 heading 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. 12 para. 4(a) (as substituted by S.I. 2020/676, regs. 1(1), 4(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 3 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. 12 para. 4(b) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 3(2)(a) 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. 12 para. 4(c) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Placing on the market and putting into service; supplies outside the [F4 relevant market] and showing at trade fairs not covered N.I.

3.—(1) In these Regulations, subject to paragraph (2)—

(a) references to placing machinery or partly completed machinery on the market are references to making it available in [F5 a relevant] state—

(i) for the first time;

(ii) with a view to distribution or use, whether by the person making it available or another; and

(iii) whether for reward or free of charge; and

(b) references to putting any machinery or partly completed machinery into service are references to the first time that it is used for its intended purpose in [F5 a relevant] state.

(2) For the purposes of these Regulations, machinery or partly completed machinery shall not be regarded as being placed on the market or put into service where—

(a) it does not have affixed to it either the CE marking, or any inscription likely to be confused with the CE marking, and—

(i) it will not be put into service in [F6 a relevant] state;

[F7 (ii) is imported into the relevant market for re-export to a market outside of the relevant market;]

(iii) it is imported into [F8 a relevant] state other than in the course of a business by a person who intends to use it other than in the course of a business; or

(b) it is shown at a trade fair, exhibition or other similar demonstration; provided that, where any machinery or partly completed machinery which does not comply with the requirements of these Regulations which would apply to it but for this paragraph is shown at a trade fair, exhibition or other similar demonstration, the responsible person—

(i) displays a notice in relation to it, stating that—

(aa) it does not comply with the requirements of these Regulations; and

(bb) it will not be made available until it does comply with those requirements; and

(ii) takes adequate safety measures to ensure that it does not kill or injure any person.

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

F4 Words in reg. 3 heading substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 4 para. 2(2)(a)

F5 Words in reg. 3(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 4 para. 2(2)(b)

F6 Words in reg. 3(2)(a)(i) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 4 para. 2(2)(c)

F7 Reg. 3(2)(a)(ii) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 4 para. 2(2)(d)

F8 Words in reg. 3(2)(a)(iii) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 4 para. 2(2)(c)