The Supply of Machinery (Safety) (Amendment) Regulations 2005

Amendment of, and supplementary provisions relating to, the Supply of Machinery (Safety) Regulations 1992

2.—(1) The Supply of Machinery (Safety) Regulations 1992 (1) (“the principal Regulations”) are hereby amended as follows—

(a) for regulation 2(1) there shall be substituted—

“(1) In these Regulations, the “Machinery Directive” means Directive 98/37/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to machinery (2).”;

(b) in regulation 2(2), in the definition of “enforcement authority”, for sub-paragraph (b) there shall be substituted the following—

“(b) in Northern Ireland, the Health and Safety Executive for Northern Ireland(3);”;

(c) in regulation 2(2), in the definition of “harmonised standard” for the words from “Council Directive 83/189/EEC” to “technical standards and regulations”, there shall be substituted “Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (4)”;

(d) for regulation 17, there shall be substituted—

“17.   For the purposes of these Regulations, an approved body is a body responsible for carrying out functions relating to the conformity assessment procedures set out in Article 8 of the Machinery Directive and described in regulations 14 and 15 above which has been—

(a) appointed as a United Kingdom approved body pursuant to regulation 18 below;

(b) appointed by an EEA State other than the United Kingdom; or

(c) recognised for the purpose of carrying out those functions by inclusion in a mutual recognition agreement, relating to the Machinery 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 an EEA State;

and in the case of either (a) or (b) above has been notified by the EEA State concerned to the Commission and the other EEA State pursuant to Article 9(1) of the Machinery Directive.”;

(e) in regulation 26(2)(b)(i), for “regulation 11(3)” there shall be substituted “regulation 11(4)”;

(f) for regulation 30(1), there shall be substituted—

“(1) A person guilty of an offence under regulation 29(a) above shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment 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.”;

(g) in Schedule 5, for the words “Machinery for medical use, used in direct contact with patients” there shall be substituted “Medical devices: for the purposes of this Schedule “Medical devices” shall have the meaning ascribed to those words by the Medical Devices Regulations 2002 (5)”; (6) and

(h) in Schedule 6,

(i) for paragraph 2(1) there shall be substituted the following—

“(1) In Northern Ireland, it shall be the duty of the Health and Safety Executive for Northern Ireland to make adequate arrangements for the enforcement of these Regulations in relation to relevant machinery for use at work, and a reference in the provisions applied to these Regulations by sub-paragraph (2) below to an “enforcing authority” or to its “field for responsibility” (however expressed) or to “the Department concerned” shall be construed accordingly.” and

(ii) in paragraph 9, the definition of “agriculture” shall be omitted.

(2) Notwithstanding the amendment made by paragraph (1)(a) above,

(a) for the purposes of regulation 22(6) of the principal Regulations, an EC declaration of conformity, and

(b) for the purposes of regulation 23(3)(f), a declaration of incorporation,

• shall be valid despite any specification of the Machinery Directive in accordance with the unamended definition of that expression.

(1)

S.I. 1992/3073 as amended by S.I. 1994/2063.

(2)

OJ No. L207, 23.7.98, p.1.

(3)

See Article 12 of the Health and Safety at Work (Northern Ireland) Order (S.I. 1978/1039 (N.I.9); Article 12 was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and paragraph 8 of Schedule 1.

(4)

OJ No. L204, 21.7.98, p.37; Directive 98/34/EC has been amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

(5)

S.I. 2002/618 to which there is an amendment not relevant to these Regulations.

(6)

This sub-paragraph implements Article 21(1) of Directive 98/79/EC of the European Parliament and of the Council on in vitro diagnostic medical devices (OJ No. L331, 7.12.98, p.1) the remainder of which has been implemented in S.I. 2002/618.