The Lifting Operations and Lifting Equipment Regulations 1998

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

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

“the 1992 Regulations” means the Supply of Machinery (Safety) Regulations 1992(1);

“accessory for lifting” means work equipment for attaching loads to machinery for lifting;

“EC declaration of conformity” means a declaration which complies with—

(a)

regulation 22 of the 1992 Regulations;

(b)

Article 12.1 of Council Directive 89/686/EEC(2) on the approximation of the laws of the Member States relating to personal protective equipment; or

(c)

regulation 8(2)(d) of the Lifts Regulations 1997(3);

“employer” except in regulation 3(2) and (3) includes a person to whom the requirements imposed by these Regulations apply by virtue of regulation 3(3)(a) and (b);

“essential requirements” has the same meaning as in the Provision and Use of Work Equipment Regulations 1998(4);

“examination scheme” means a suitable scheme drawn up by a competent person for such thorough examinations of lifting equipment at such intervals as may be appropriate for the purpose described in regulation 9(3);

“the Executive” means the Health and Safety Executive;

“lifting equipment” means work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it;

“lifting operation” has the meaning given in regulation 8(2);

“load” includes a person;

“thorough examination” in relation to a thorough examination under paragraph (1), (2) or (3) of regulation 9—

(a)

means a thorough examination by a competent person;

(b)

where it is appropriate to carry out testing for the purpose described in the paragraph, includes such testing by a competent person as is appropriate for the purpose,

and “thoroughly examined” shall be construed accordingly;

“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not).

(2) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

(1)

S.I. 1992/3073 to which there are amendments not relevant to these Regulations.

(2)

OJ No. L399. 30.12.89, p.18; printed in the Schedule to S.I. 1992/3139.

(3)

S.I. 1997/831.

(4)

S.I. 1998/2306.