The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation, commencement and interpretation

   2. 2. Application, transitional provisions, savings and revocation

   3. 2A. Obligations which are met by complying with obligations in Regulation 2016/426 (pre-exit)

   4. 2B. Conformity assessment procedure obligation which is met by complying with Regulation 2016/426 (pre-exit)

   5. 2C. Further use of UK marking

   6. 2D. Qualifying Northern Ireland Goods

3. PART 2 Market Surveillance and Enforcement

   1. 3. Designation of market surveillance authorities

   2. 4. Enforcement Authorities

   3. 5. Enforcement Powers

   4. 6. Notification to the Secretary of State of enforcement action etc

   5. 6A. Information obligations

   6. 7. Offences

   7. 8. Penalties

   8. 9. Defence of due diligence

   9. 10. Liability of persons other than the principal offender

   10. 11. Time limit for prosecution of offences

   11. 12. Written notice under Article 37 and service of documents

   12. 13. Appeals against notices

   13. 14. Appropriate court for appeals against notices etc and further appeals

   14. 15. Compensation

   15. 16. Recovery of expenses of enforcement

   16. 17. Action by enforcement authority

4. PART 3 Review and Consequential and Miscellaneous Amendments

   1. 18. Review

   2. 19. Consequential amendments

   3. 20. Miscellaneous amendments

5. PART 4 Provisions in respect of the UK(NI) indication

   1. 21. Interpretation

   2. 22. UK(NI) indication

   3. 23. United Kingdom notified bodies

   4. 24. Register of notified bodies established in the United Kingdom

   5. 25. Offence in relation to the UK(NI) indication

6. Signature

7. 1. SCHEDULE 1

      Enforcement Powers of Weights and Measures Authorities, District Councils and the Secretary of State under the 1987 Act

      1. 1. Enforcement powers under the 1987 Act

      2. 2. Modifications to the 1987 Act

   2. SCHEDULE 2

      Enforcement Powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act

      1. 1. Enforcement powers under the 1974 Act

      2. 2. Modifications to the 1974 Act

   3. SCHEDULE 3

      Enforcement Powers of the Health and Safety Executive for Northern Ireland under the 1978 Order

      1. 1. Enforcement Powers under the 1978 Order

      2. 2. Modifications to the 1978 Order

   4. SCHEDULE 4

      Compliance, Withdrawal and Recall Notices

      1. 1. Compliance notice

      2. 2. Withdrawal notice

      3. 3. Recall notice

      4. 4. Interpretation

   5. SCHEDULE 5

      Consequential Amendments

      1. 1. Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

      2. 2. Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

   6. SCHEDULE 6

      Miscellaneous Amendments

      1. 1. Amendment of the Lifts Regulations 2016

      2. 2. Amendment of regulation 2 (interpretation)

      3. 3. Amendment of regulation 10 (labelling and instructions)

      4. 4. Amendment of regulation 19 (labelling and instructions)

      5. 5. Amendment of regulation 29 (instructions)

      6. 6. Amendment of regulation 37 (requirements which must be satisfied before a distributor makes safety component for lifts available on the market)

      7. 7. Amendment of regulation 47 (conformity assessment procedure for lifts)

      8. 8. Amendment of Schedule 1 (essential health and safety requirements)

      9. 9. Amendment of Schedule 3 (list of safety components referred to in Article 1(1) of the Directive)

      10. 10. Amendment of Schedule 5 (EU declaration of conformity)

      11. 11. Amendment of the Recreational Craft Regulations 2017

      12. 12. Amendment of the Radio Equipment Regulations 2017

8. Explanatory Note