2008 No. 422
The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations (Northern Ireland) 2008
Made
Coming into operation
The Department of Enterprise, Trade and Investment1, makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19722. The Department has been designated for the purposes of that section in relation to measures relating to equipment and protective systems intended for use in potentially explosives atmospheres3 and measures relating to consumer protection4.
Citation and commencement1
These Regulations may be cited as the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 1st December 2008.
Interpretation2
1
In these Regulations—
a
b
the “principal Regulations” means the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 19966.
2
The Interpretation Act (Northern Ireland) 19547 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Amendment of the principal Regulations3
1
The principal Regulations shall be amended in accordance with paragraphs (2) to (16).
2
In regulation 2 (Interpretation)—
a
in paragraph (2)—
i
in the definition of “harmonized standard” for “Council Directive No.83/189/EEC of 28th March 1983”, substitute “Directive 98/34/EC of the European Parliament and of the Council of 22 June 19988”;
ii
in the definition of “responsible person”—
aa
after the first occurrence of “on the market”, insert “or puts that equipment, protective system or device into service”; and
bb
after the second occurrence of “on the market”, insert “or puts it into service”; and
b
after paragraph (4), add the following paragraph—
5
For the purposes of these Regulations, equipment, protective systems or devices shall not be regarded as having been put into service where a person—
a
being a manufacturer of equipment, protective systems or devices for his own use; or
b
having imported equipment, protective systems or devices from a country or territory outside the Community for his own use,
puts that equipment, protective system or device into service otherwise than in the course of a business.
3
In regulation 3(2) (Equipment, protective systems, devices and components)—
a
in sub-paragraph (a), for “or the processing of material” substitute “and the processing of material, as the case may be,”; and
b
for sub-paragraph (b) substitute—
b
“protective systems” means devices other than components of equipment which are intended to halt incipient explosions immediately or limit the effective range of an explosion or both, as the case may be, and which systems are separately placed on the market for use as autonomous systems;
4
In regulation 6(1) (General duty relating to the placing on the market of equipment, protective systems or devices by a responsible person), after “place on the market”, insert “or put into service”.
5
In regulation 8(2)(b) (General duty relating to the placing on the market of components by a responsible person), for “certificate” substitute “written attestation”.
6
In regulation 9 (Exceptions to placing on the market in respect of certain equipment, protective systems, devices and components), for “device” where it first appears substitute “or device shall not be regarded as being placed on the market and put into service”.
7
For regulation 11 (Notified bodies), substitute—
11
For the purposes of these Regulations, a notified body is a body which has been appointed to carry out one or more of the conformity assessment procedures specified in Article 8 of the ATEX Directive and referred to in regulation 10 and which has been—
a
appointed as a notified body in Northern Ireland pursuant to regulation 12;
b
appointed as a notified body in Great Britain;
c
appointed by a member State other than the United Kingdom; or
d
recognised for the purpose of carrying out the relevant procedure by inclusion in a mutual recognition agreement, relating to the ATEX Directive, or a similar agreement (including a Protocol to the European Agreement, or other Agreement, on Conformity Assessment and Acceptance of Industrial Products) which has been concluded between the European Community and a State other than a member State,
and in the case of (a), (b) and (c) has been notified by the member State concerned to the Commission and the other member States pursuant to Article 9(1) of the ATEX Directive.
8
In regulation 14(1)(b) (Conditions for equipment, protective systems, devices and components being taken to comply with the provisions of the ATEX Directive), for “certificate” substitute “written attestation”.
9
For regulation 16 (Offences and penalties) substitute—
16
Any person who contravenes regulation 6, 7 or 8 shall be guilty of an offence and shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
10
In Schedule 1 (The CE marking and other inscriptions)—
a
in paragraph 5, for “equipment and protective systems” substitute “equipment, protective systems and devices”; and
b
in paragraph 9, for both occurrences of “equipment or protective systems” substitute “equipment, protective systems or devices”.
11
In Schedule 2 (Essential health and safety requirements)9—
a
in requirement 1.1.3, for “impact” substitute “mechanical”;
b
in requirement 1.2.3—
i
for “developing” substitute “releases of”; and
ii
for “escapes” substitute “releases”;
c
in requirement 1.2.7(d), for “shall” substitute “do”;
d
in requirement 1.5.1—
i
after “measurement or control devices” insert “or both measurement and control devices”; and
ii
for “For electrical circuits the” substitute “The”;
e
in the heading to requirement 2.1.1, for “hazes” substitute “mists”.
12
In Schedule 3 (Criteria determining the classification of equipment-groups into categories)10, paragraph 2(b) after “occur” insert “occasionally”.
13
In Schedule 5 (Module: EC type-examination)11, paragraph 5, for “relevant” substitute “significant”.
14
In Schedule 7 (Module: Product verification)12, paragraph 4.1, for “equipment” where it last occurs substitute “equivalent”.
15
In Schedule 8 (Module: Conformity to type)13, paragraph 2, omit “or protective systems”.
16
In Schedule 9 (Module: Product quality assurance)14, paragraph 3—
a
in paragraph 3.1, omit “and protective systems”; and
b
in paragraph 3.2, for “instruments” substitute “instructions”.
Consequential amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 19994
In the second column of Schedule 2 to the Provision and Use of Work Equipment Regulations (Northern Ireland) 199915, relating to the entry for the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996, for the reference “S.R. 1996 No. 247, amended by S.R. 1999 No. 125” substitute “S.R. 1996 No. 247, amended by S.R. 1998 No. 77, S.R. 1999 No. 125 and S.R. 2008 No. 422”.
Revocations5
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 20th October 2008.
M. BohillA senior officer of the Department of Enterprise, Trade and Investment(This note is not part of the Regulations)