The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 and come into force on 21st April 2018.

(2) In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974 M1 ;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M2 ;

“the 1987 Act” means the Consumer Protection Act 1987 M3 ;

“the 1995 Regulations” means the Gas Appliances (Safety) Regulations 1995 M4 ;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M5 ;

“EU Regulation 2016/426” means Regulation (EU) 2016/426 M6 of the European Parliament and of the Council on appliances burning gaseous fuels, repealing Council Directive 2009/142/EC M7 , as amended from time to time;

[F1 Regulation 2016/426 (pre-exit)” means Regulation (EU) 2016/426 of the European Parliament and of the Council on appliances burning gaseous fuels and repealing Directive 2009/142/EC as it had effect immediately before exit day;]

“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 M8 , as amended from time to time;

“risk” means a risk which may result in harm to the health or safety of persons, domestic animals or property, if an appliance or fitting is used in a normal and predictable manner; and

“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 M9 .

(3) In these Regulations [F2 (unless otherwise stated)] a reference to—

(a) a numbered regulation, paragraph or Schedule is a reference to the regulation, paragraph or Schedule as numbered in these Regulations [F3 unless otherwise stated];

(b) an Article, paragraph of an Article [F4 , Chapter ] or Annex is a reference to the Article, paragraph of an Article [F4 , Chapter] or Annex as numbered in EU Regulation 2016/426;

(c) a “relevant economic operator” in relation to an appliance or fitting means an economic operator with obligations in respect of that appliance or fitting under EU Regulation 2016/426; and

(d) an “enforcement authority” is to be construed in accordance with regulation 4.

(4) Expressions and words used in these Regulations which are used in EU Regulation 2016/426 have the same meaning as in EU Regulation 2016/426 [F5 unless otherwise stated] .

Textual Amendments

F1 Words in reg. 1(2) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), Sch. 36 para. 1(2)(a); 2020 c. 1, Sch. 5 para. 1(1) (as amended by S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(i)(v))

F2 Words in reg. 1(3) inserted (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. 36 para. 1(2)(b)(i) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 1(3)(a) omitted (E.W.S.) (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. 1(2)(b)(ii) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in reg. 1(3)(b) inserted (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. 36 para. 1(2)(b)(iii) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 1(4) inserted (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. 36 para. 1(2)(c) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1974 c.37.

M2 S.I. 1978/1039 (N.I. 9).

M3 1987 c.43.

M4 S.I. 1995/1629 as amended by S.I. 2012/1815 and the Protection of Freedoms Act 2012, Schedule 2, Part 3 and Schedule 10, Part 2.

M5 1972 Chapter 9.

M6 OJ No L81, 31.3.2016, p.99.

M7 OJ No L330, 16.12.2009, p.10.

M8 OJ No L 218, 13.8.2008, p.30.

M9 1985 c.72; section 69 was amended by the Local Government (Wales) Act 1994 (c.19), section 66 and Schedule 16, paragraph 75; the Local Government etc. (Scotland) Act 1994 (c.39), section 180 and Schedule 13, paragraph 144; and the Statute Law (Repeals) Act 1989 (c.43) Schedule 1, Part 1.