The Supply of Machinery (Safety) Regulations 2008

CE-marked machinery to be taken to comply with Regulations

13.—(1) Unless there is evidence to the contrary—

(a) an enforcement authority;

(b) the Secretary of State (where the Secretary of State is not an enforcement authority); and

(c) any court or tribunal of competent jurisdiction which is called upon to decide a matter which involves the application of these Regulations,

shall presume that machinery which bears the CE marking and is accompanied by an EC declaration of conformity which complies with Annex II (Part 2 of Schedule 2), part 1, section A complies with these Regulations.

(2) The failure or refusal by a responsible person, in response to a duly reasoned request from an enforcement authority, to make the technical file or a copy of it available in accordance with Annex VII (Part 7 of Schedule 2), part A, point 2 shall be reasonable grounds for the authority—

(a) to doubt the conformity of machinery with the essential health and safety requirements, in accordance with Annex VII, part A, point 3; or

(b) to doubt the conformity of partly completed machinery with the essential health and safety requirements, in accordance with Annex VII, part B, last paragraph,

and it may make such use of its powers under Schedule 5 as is appropriate in the light of such doubts.