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Supply of gas appliances and fittings

Appliances and fittings to satisfy the essential requirements and to be safe

7.—(1) No person shall supply an appliance or a fitting which does not satisfy the essential requirements.

(2) No person shall supply an appliance which, when normally used, is not safe; and, in this paragraph, “normally used” in relation to use means use—

(a)when correctly installed and regularly serviced in accordance with the manufacturer’s instructions referred to in paragraph 1(2) of Annex I of the Directive (set out in Schedule 3);

(b)within the normal variations of gas quality and pressure; and

(c)in accordance with its intended purpose or in a way which can reasonably be foreseen.

(3) No person shall supply—

(a)an appliance to which the EC mark has not been affixed; or

(b)a fitting in respect of which a fitting certificate has not been issued,

as required by the Directive.

Obligation on suppliers of appliances and fittings

8.  No person shall supply an appliance or a fitting in respect of which there is not in force at that time—

(a)an EC type-examination certificate and either—

(i)an EC declaration of conformity to type made in accordance with regulation 21, or

(ii)an EC declaration of conformity (guarantee of product or production quality) made in accordance with regulation 16, or

(iii)an EC certificate of conformity issued by a notified body under regulation 17 or 18, or

(iv)a fitting certificate issued by a notified body under regulation 24(4); or

(b)an EC unit verification issued by a notified body under regulation 19,

or a corresponding declaration issued by a manufacturer, or a corresponding certificate or verification issued, under the law of another member State.

Application of regulations 7 and 8

9.  Regulations 7 and 8 do not apply in any case in which the person placing an appliance or fitting on the market reasonably believes that it will not be put into service in the United Kingdom or in any other member State.