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The Supply of Machinery (Safety) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 1597
- PART 4
- Regulation 13
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[F2UK] -marked machinery to be taken to comply with RegulationsE+W+S
This section has no associated Explanatory Memorandum
13.—(1) Unless there is evidence to the contrary—
(a)an enforcement authority;
(b)the Secretary of State (where the Secretary of State is not an enforcement authority); and
(c)any court or tribunal of competent jurisdiction which is called upon to decide a matter which involves the application of these Regulations,
shall presume that machinery which bears the [F3UK] marking and is accompanied by [F4a] declaration of conformity which complies with Annex II (Part 2 of Schedule 2), part 1, section A complies with these Regulations.
[F5(1A) For the purposes of paragraph (1) machinery bears the UK marking if, in accordance with regulation 7(2A), the UK marking is affixed to —
(a)a label affixed to the machinery; or
(b)a document accompanying the machinery.]
(2) The failure or refusal by a responsible person, in response to a duly reasoned request from an enforcement authority, to make the technical file or a copy of it available in accordance with Annex VII (Part 7 of Schedule 2), part A, point 2 shall be reasonable grounds for the authority—
(a)to doubt the conformity of machinery with the essential health and safety requirements, in accordance with Annex VII, part A, point 3; or
(b)to doubt the conformity of partly completed machinery with the essential health and safety requirements, in accordance with Annex VII, part B, last paragraph,
and it may make such use of its powers under Schedule 5 as is appropriate in the light of such doubts.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F2Word in reg. 13 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. 11(a) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in reg. 13(1) 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. 11(b)(i) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in reg. 13(1) 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. 11(b)(ii) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Reg. 13(1A) inserted (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. 11(c) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 7(6)); 2020 c. 1, Sch. 5 para. 1(1)
CE -marked machinery to be taken to comply with RegulationsN.I.
13.—(1) Unless there is evidence to the contrary—
(a)an enforcement authority;
(b)the Secretary of State (where the Secretary of State is not an enforcement authority); and
(c)any court or tribunal of competent jurisdiction which is called upon to decide a matter which involves the application of these Regulations,
shall presume that machinery which bears the CE marking and is accompanied by an EC declaration of conformity which complies with Annex II (Part 2 of Schedule 2), part 1, section A complies with these Regulations.
[F6(1A) For the purposes of paragraph (1) machinery bears the UK marking if, in accordance with regulation 7(2A), the UK marking is affixed to —
(a)a label affixed to the machinery; or
(b)a document accompanying the machinery.]
(2) The failure or refusal by a responsible person, in response to a duly reasoned request from an enforcement authority, to make the technical file or a copy of it available in accordance with Annex VII (Part 7 of Schedule 2), part A, point 2 shall be reasonable grounds for the authority—
(a)to doubt the conformity of machinery with the essential health and safety requirements, in accordance with Annex VII, part A, point 3; or
(b)to doubt the conformity of partly completed machinery with the essential health and safety requirements, in accordance with Annex VII, part B, last paragraph,
and it may make such use of its powers under Schedule 5 as is appropriate in the light of such doubts.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F6Reg. 13(1A) inserted by S.I. 2019/696, Sch. 12 para. 11(c) (as inserted) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 7(6))
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