The Product Safety and Metrology etc. (Amendment) Regulations 2024

Amendment to the Electrical Equipment (Safety) Regulations 2016

14.—(1) The Electrical Equipment (Safety) Regulations 2016(1) are amended as follows.

(2) In regulation 2(1), in the definition of “the Directive” omit “(as it has effect immediately before IP completion day)”.

(3) For regulation 34B substitute—

“Further use of UK marking

34B.— (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.”.

(1)

S.I. 2016/1101; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended in respect of England and Wales and Scotland by S.I. 2019/696, S.I. 2021/1273 and S.I. 2022/1393; there are other amending instruments but none is relevant.