- Latest available (Revised)
- Point in Time (22/04/2011)
- Original (As made)
Point in time view as at 22/04/2011.
The Supply of Machinery (Safety) Regulations 2008 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(This note is not part of the Regulations)
These Regulations implement Directive 2006/42/EC of the European Parliament and of the Council (O.J. No. L 157, 9.6.2006, p.24) on machinery, and amending Directive 95/16/EC (“the Machinery Directive”). The Machinery Directive revokes and replaces 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 (O.J. No. L 207, 23.7.98, p.1) with effect from 29 December 2009. Directive 98/37/EC was implemented in the United Kingdom by the Supply of Machinery (Safety) Regulations 1992 (S.I. 1992/3063), as amended, which these Regulations revoke with effect from the same date.
The Machinery Directive is a “New Approach” directive. New Approach directives aim to remove technical barriers to trade in particular products by harmonising national health and safety provisions applicable to such products when they are first placed on the market or put into service in the EEA. Products which comply with their requirements are “CE” marked and can be placed on the market and put into service throughout the EEA.
The scope of the Regulations is set out in Part 1 (which also deals with other preliminary matters, such as commencement) and Part 2. In particular, regulations 4(2) and 6 set out the types of product which constitute “machinery” and “partly completed machinery” and are subject to the Regulations.
Part 3 sets out the key obligations on those who place machinery or partly completed machinery on the market or put it into service (referred to in the Directive as “manufacturers or their authorised representatives” and in the Regulations as “responsible persons”). These obligations include ensuring the safety of products (by reference to the essential health and safety requirements set out in Part 1 of Schedule 2); following a “conformity assessment procedure” (regulations 10 to 12); and documenting their compliance with the requirements of the Directive in various ways (notably by drawing up an “EC declaration of conformity” and affixing the CE marking to the product).
Part 4 makes further provision about CE marking. Part 5 is concerned with the activities of “notified bodies”, whose function is to assess the conformity of products with the Regulations. Part 6 makes provision about enforcement.
One of the functions of the Machinery Directive is to redefine the boundary between the regulation of machinery in general and the regulation of passenger lifts under the “Lifts Directive” (Directive 95/16/EC, O.J. No. L 213, 7.9.1995, p.1). Regulation 25 makes the changes to the United Kingdom regulations implementing the Lifts Directive (the Lifts Regulations 1997 (S.I. 1997/831)) which the Machinery Directive requires. The remaining provisions of Part 7 make consequential changes to or avoid overlaps with other pieces of legislation, as well as rectifying some technical drafting defects in regulations implementing other New Approach Directives.
An Impact Assessment (IA) in respect of these Regulations is available and a copy can be obtained from the Department for Business, Enterprise and Regulatory Reform. As these Regulations transpose the Machinery Directive, a transposition note (TN) setting out how the Government will transpose the Directive into UK law has been prepared. Copies of the IA and TN are available from the Business Group, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET. Copies of these documents have been placed in the libraries of both Houses of Parliament.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: