Search Legislation

The Supply of Machinery (Safety) Regulations 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 21

 Help about opening options

Alternative versions:

Status:

There are multiple versions of this provision on screen. These apply to different geographical extents. Help about Status

Close

Status

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.

Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

There are currently no known outstanding effects for the The Supply of Machinery (Safety) Regulations 2008, Section 21. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Non-compliance with [F1UK] marking requirementsE+W+S

This section has no associated Explanatory Memorandum

21.—(1) For the purposes of this regulation, a product is deficient as regards [F1UK] marking—

(a)if it is not subject to [F2these Regulations], but the [F1UK] marking is affixed to it [F3(or, where regulation 7(2A) applies, to a label affixed to it or a document accompanying it)] pursuant to [F2these Regulations]; or

(b)if it is machinery and—

(i)the [F1UK] marking is not affixed to it [F3(or, where regulation 7(2A) applies, to a label affixed to it or a document accompanying it)];

(ii)it is not accompanied by a copy of the F4... declaration of conformity; or

(iii)the [F1UK] marking is affixed to it [F3(or, where regulation 7(2A) applies, to a label affixed to it or a document accompanying it)] but it does not conform to the relevant provisions of these Regulations; or

(iv)a marking other than the [F1UK] marking, which is prohibited by regulation 15(2) or (3), is affixed to it [F3(or, where regulation 7(2A) applies, to a label affixed to it or a document accompanying it)].

(2) Where an enforcement authority has reasonable grounds for suspecting that a product is deficient as regards [F1UK] marking, but does not have reasonable grounds for suspecting that it is not safe, the enforcement authority may take action under the following provisions as they are applied by Schedule 5

(a)in the case of the Health and Safety Executive[F5, the Office for Nuclear Regulation] or [F6the Office of Rail and Road], section 20 of the 1974 Act;

(b)in the case of the Health and Safety Executive for Northern Ireland, Article 22 of the 1978 Order; and

(c)in the case of any other enforcement authority, section 29 of the 1987 Act,

but no other action may be taken pursuant to Schedule 5 and no proceedings may be brought pursuant to regulation 22 in respect of that product until the enforcement authority has served on the responsible person a notice in writing in accordance with paragraph (3) and the responsible person has failed to comply with its requirements.

(3) Where an enforcement authority has reasonable grounds for considering that a product is deficient as regards [F1UK] marking, it may serve a notice on the responsible person which—

(a)identifies the product concerned;

(b)states that the enforcement authority considers that it is deficient as regards [F1UK] marking and the reasons why the authority considers that this is the case;

(c)requires the responsible person to take (or refrain from taking) specified action within a specified period to bring the deficiency to an end; and

(d)warns the responsible person that if the deficiency continues beyond the period specified in the notice, further action may be taken under these Regulations.

(4) In any proceedings under regulation 22 in respect of a person's alleged failure to comply with a notice under paragraph (3), an enforcement authority must show that the product concerned was deficient as regards [F1UK] marking at the time when the notice was served.

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

Non-compliance with CE marking requirementsN.I.

21.—(1) For the purposes of this regulation, a product is deficient as regards CE marking—

(a)if it is not subject to the Directive, but the CE marking is affixed to it pursuant to the Directive; or

(b)if it is machinery and—

(i)the CE marking is not affixed to it;

(ii)it is not accompanied by a copy of the EC declaration of conformity; or

(iii)the CE marking is affixed to it but it does not conform to the relevant provisions of these Regulations; F7...

[F8(iiia)the UK(NI) indication does not accompany the CE marking in contravention of regulation 7(2A); or

(iiib)the UK(NI) indication is affixed other than in accordance with regulation 7(2B); or]

(iv)a marking other than the CE marking [F9or the UK(NI) indication], which is prohibited by regulation 15(2) or (3), is affixed to it.

(2) Where an enforcement authority has reasonable grounds for suspecting that a product is deficient as regards CE marking, but does not have reasonable grounds for suspecting that it is not safe, the enforcement authority may take action under the following provisions as they are applied by Schedule 5

(a)in the case of the Health and Safety Executive [F10, the Office for Nuclear Regulation] or [F11the Office of Rail and Road], section 20 of the 1974 Act;

(b)in the case of the Health and Safety Executive for Northern Ireland, Article 22 of the 1978 Order; and

(c)in the case of any other enforcement authority, section 29 of the 1987 Act,

but no other action may be taken pursuant to Schedule 5 and no proceedings may be brought pursuant to regulation 22 in respect of that product until the enforcement authority has served on the responsible person a notice in writing in accordance with paragraph (3) and the responsible person has failed to comply with its requirements.

(3) Where an enforcement authority has reasonable grounds for considering that a product is deficient as regards CE marking, it may serve a notice on the responsible person which—

(a)identifies the product concerned;

(b)states that the enforcement authority considers that it is deficient as regards CE marking and the reasons why the authority considers that this is the case;

(c)requires the responsible person to take (or refrain from taking) specified action within a specified period to bring the deficiency to an end; and

(d)warns the responsible person that if the deficiency continues beyond the period specified in the notice, further action may be taken under these Regulations.

(4) In any proceedings under regulation 22 in respect of a person's alleged failure to comply with a notice under paragraph (3), an enforcement authority must show that the product concerned was deficient as regards CE marking at the time when the notice was served.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: 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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources