The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

Changes over time for: Section 2

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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, Section 2 is up to date with all changes known to be in force on or before 17 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Regulation 2:

reg. 2(1) words omitted by S.I. 2024/696 reg. 16(2)
reg. 2(1) words substituted by S.I. 2019/696 Sch. 25 para. 2(2)(e) (This amendment not applied to legislation.gov.uk. Sch. 25 para. 2(2)(e) omitted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 3)
reg. 2(1) words substituted by S.I. 2019/696 Sch. 25 para. 2(2)(q) (This amendment not applied to legislation.gov.uk. Sch. 25 para. 2(2)(q) substituted immediately before IP completion day by S.I. 2020/676, regs. 1(1), 4(13)(a))
reg. 2(1) words substituted by S.I. 2019/696 Sch. 25 para. 2(2)(u) (This amendment not applied to legislation.gov.uk. Sch. 25 para. 2(2)(u) substituted immediately before IP completion day by S.I. 2020/676, regs. 1(1), 4(13)(b))
reg. 2(1) words substituted in earlier amending provision S.I. 2019/696, Sch. 25 para. 2(2)(e) by S.I. 2020/852 reg. 4(2) Sch. 1 para. 1(n)(ii) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 1(n)(ii) omitted immediately before it comes into force by virtue of S.I. 2020/1460, regs. 1(3), Sch. 4 para. 1(3))

InterpretationE+W+S

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

the “1974 Act” means the Health and Safety at Work etc Act 1974(1);

the “1994 Directive” means Directive 94/9/EC of the European Parliament and of the Council on the approximation of the laws of the member States concerning equipment and protective systems intended for use in potentially explosive atmospheres(2) [F1(as it has effect immediately before IP completion day)];

“the 1996 Regulations” means the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996(3);

[F2“approved body” has the meaning given to it in regulation 42;]

F3...

“ATEX Directive” means Directive 2014/34/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast)(4);

“attestation of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 7(3) (F4... declaration of conformity and [F5UK] Marking);

“authorised representative” means a person appointed in accordance with regulation 17(1);

F6...

F7...

“component” means any item essential to the safe functioning of equipment and protective systems but with no autonomous function;

“conformity assessment” means the process demonstrating whether the essential health and safety requirements relating to a product have been fulfilled;

[F8“conformity assessment activities” means any activities connected with conformity assessment including calibration, testing, certification and inspection;]

“conformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection;

[F9“conformity assessment procedure” means a procedure referred to in regulation 39 (conformity assessment procedures);]

[F9“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 7(1)(a) (declaration of conformity and UK marking);]

[F9“designated standard” has the meaning given to it in regulation 2A;]

“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

“economic operator” means a manufacturer, authorised representative, importer or distributor;

“equipment” means machines, apparatus, fixed or mobile devices, control components and their instrumentation and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy or the processing of material or both and which are capable of causing an explosion through their own potential sources of ignition;

[F10“equipment category” means the classification of equipment, within each equipment group, specified in Schedule 1A to these Regulations;]

“equipment-group I” means equipment intended for use in underground parts of mines, and in those parts of surface installations of such mines, liable to be endangered by firedamp or combustible dust or both, comprising equipment categories M 1 and M 2 [F11as set out in Schedule 1A to these Regulations];

“equipment-group II” means equipment intended for use in other places liable to be endangered by explosive atmospheres, comprising equipment categories 1, 2 and 3 [F12as set out in Schedule 1A to these Regulations];

“essential health and safety requirements” means the requirements set out in Schedule 1 (essential health and safety requirements);

F13...

F14...

“explosive atmosphere” means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;

F15...

[F16“importer” means a person who—

(a)

is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]

“intended use” means the use of a product prescribed by the manufacturer by assigning the equipment to a particular equipment-group and category or by providing all the information which is required for the safe functioning of a protective system, device or component;

“make available on the market” means any supply of a product for distribution, consumption or use on the [F17market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge, and related expressions are to be construed accordingly;

“manufacturer” means a person who—

(a)

manufactures a product, or has a product designed or manufactured, and

(b)

markets that product—

(i)

under that person’s name or trade mark, or

(ii)

uses such product for that person’s own purposes;

“market surveillance authority” has the meaning set out in regulation 51 (designation of market surveillance authority);

F18...

F19...

F20...

“place on the market” means make a product available on the [F21market of Great Britain] for the first time, and related expressions are to be construed accordingly;

“potentially explosive atmosphere” means an atmosphere which could become explosive due to local and operational conditions;

“protective systems” means devices other than components of equipment which are intended to halt incipient explosions immediately or to limit the effective range of an explosion or both, and which are separately made available on the market for use as autonomous systems;

“putting into service” means the first use of a product by an end-user F22..., for the purposes for which it was intended, and related expressions are to be construed accordingly;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93(5);

“recall” means taking any measure aimed at achieving the return of a product that has already been made available to the end-user and related expressions must be construed accordingly;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 39 (conformity assessment procedures);

“relevant economic operator” means, in relation to a product, an economic operator with obligations in respect of that product under Part 2;

“technical documentation” has the meaning given in regulation 6 (technical documentation and conformity assessment);

“technical specification” means a document that prescribes technical requirements to be fulfilled by a product;

[F23“UK marking” means the marking in the form set out in Annex 2 of RAMS;]

[F23“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;]

“withdraw” when used in relation to a product, means taking any measure aimed at preventing a product in the supply chain from being made available on the market and related expressions must be construed accordingly.

[F24(1A) Schedule 1A reproduces the provisions of Annex I to the ATEX Directive with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedule 1A is a reference to the equivalent provisions of Annex I to the ATEX Directive as set out in Schedule 1A.

(1C) Schedule 3A reproduces the provisions of Annexes III to IX to the ATEX Directive with amendments to correct deficiencies in retained EU law.

(1D) A reference to any provision of Schedule 3A is a reference to the equivalent provisions of Annex III to IX of the ATEX Directive.]

(2) In these Regulations, a reference to a product being “in conformity with Part 2” means that—

(a)the product is in conformity with the essential health and safety requirements; and

(b)each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the product available on the market.

F25(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In regulations 10(1) and 24(1) (monitoring) and Schedule 1 (essential health and safety requirements), “risk” means a risk which could arise from lawful and readily predictable human behaviour.

(5) In the other provisions of these Regulations, “risk” means a risk—

(a)which could arise from lawful and readily predictable human behaviour, and

(b)which may result in harm to any of the following interests—

(i)health and safety of persons, in particular workers,

(ii)domestic animals, or

(iii)property.

F26(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 2(1) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 2(2)(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2, and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(n)(i)); 2020 c. 1, Sch. 5 para. 1(1)