The Product Safety and Metrology etc. (Amendment) Regulations 2024

Amendment to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

3.—(1) The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001(1) are amended as follows.

(2) In regulation 2(1)(a) omit “as it has effect immediately before IP completion day”.

(3) For regulation 12B substitute—

“Further use of UK marking

12B.— (1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2) Paragraph (3) applies where, before placing equipment on the market or putting it into service in Great Britain, a responsible person ensures that—

(a) the applicable requirements of Article 12 or 13 are met with respect to the equipment;

(b) the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;

(c) the technical documentation referred to in Article 14 and in Annexes V to VIII has been drawn up;

(d) the technical documentation and any other records and correspondence relating to the applicable conformity assessment procedure are prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulation 7(2)(a) and (b) are to be treated as being satisfied;

(b) regulation 10 does not apply;

(c) regulations 7(2)(c), (4) and (5), 11, 16(1) and 17 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4);

(d) Schedule 5 applies subject to the modifications in paragraphs (4) and (5).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to the “indication of the guaranteed sound power level” is to be read as a reference to the indication of the guaranteed sound power level referred to in Article 11 and Annex IV;

(b) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 14 and Annexes V to VIII;

(c) for the purpose of regulation 16(1)—

(i) the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);

(ii) the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

(5) The modifications to Schedule 5 referred to in paragraph (3)(d) are—

(a) the reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure applied to the equipment in accordance with Article 14(1) or (2);

(b) the reference to “approved body” is to be read as a reference to any body which undertook a conformity assessment procedure in accordance with Article 14(1) or (2);

(c) any reference to “these Regulations” is to be read as including a reference to the Directive.”.

(4) In regulation 23, omit paragraphs (4) to (6).

(1)

S.I. 2001/1701; they were made under section 2(2) of the European Communities Act 1972 (c. 68) and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended in respect of England and Wales and Scotland by S.I. 2019/696, S.I. 2021/1273 and S.I. 2022/1393; there are other amending instruments but none is relevant.