1.This Regulation applies to appliances and fittings.
2.For the purposes of this Regulation, an appliance is considered to be ‘normally used’ where the following conditions are met:
(a)it is correctly installed and regularly serviced in accordance with the manufacturer's instructions;
(b)it is used with a normal variation in the gas quality and a normal fluctuation in the supply pressure as set out by [F1the Secretary of State under] Article 4(1);
(c)it is used in accordance with its intended purpose or in a way which can be reasonably foreseen.
3.This Regulation does not apply to appliances specifically designed:
(a)for use in industrial processes carried out on industrial premises;
(b)for use on aircrafts and railways;
(c)for research purposes for temporary use in laboratories.
For the purposes of this paragraph, an appliance is considered to be ‘specifically designed’ when the design is only intended to address a specific need for a specific process or use.
4.Where, for appliances or fittings, the aspects covered by this Regulation are covered more specifically by other [F2enactments], this Regulation does not apply or ceases to apply to such appliances or fittings in respect of those aspects.
5.The rational use of energy essential requirement laid down in point 3.5 of Annex I to this Regulation does not apply to appliances covered by [F3an implementing measure within the meaning given in the Ecodesign for Energy-Related Products Regulations 2010].
F46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 1(2)(b) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(2)(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 1(4) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(2)(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 1(5) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(2)(c) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 1(6) omitted (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. 36 para. 2(2)(d) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)