The Supply of Machinery (Safety) Regulations 2008

InterpretationE+W+S

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

(a)references to “the Directive” are references to Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC [F1, as amended by Directive 2009/127/EC of the European Parliament and of the Council amending Directive 2006/42/EC with regard to machinery for pesticide application] [F2 (as it had effect immediately before IP completion day)]; and

(b)Annexes I to XI to the Directive are reproduced in Schedule 2 (with minor changes reflecting the Directive's application to the EEA M1, and certain details of the Directive's implementation in these Regulations – in particular, the use of certain defined terms and the adoption of gender neutral drafting), so that each Annex is a separate Part of that Schedule; accordingly, where reference is made to an Annex designated by a Roman numeral, the reference is to the Part of Schedule 2 designated by the corresponding Arabic numeral and reproducing the text of the Annex to the Directive designated by that Roman numeral in the Directive.

(2) In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc Act 1974 M2;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M3;

“the 1987 Act” means the Consumer Protection Act 1987 M4;

“the 1992 Regulations” means the Supply of Machinery (Safety) Regulations 1992 M5;

“applicable” means, in relation to the application of essential health and safety requirements to any machine, those essential health and safety requirements which are expressed in Annex I (Part 1 of Schedule 2) as applying either to all machinery or to machinery of a category to which that machine belongs or which has a characteristic that it shares;

[F3“approved body” has the meaning given to it in regulation 16A;]

“authorised representative” means a person established in [F4the United Kingdom] who has received a written mandate from the manufacturer to perform, on the manufacturer's behalf, all or part of the obligations and formalities imposed on manufacturers (either as “manufacturers” or “responsible persons”) by these Regulations or otherwise in connection with the Directive;

F5...

“chains, ropes and webbing” has the meaning given in regulation 4(2)(e);

F6...

“conformity assessment” means the assessment, in accordance with Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), of whether machinery, or a representative model of machinery, satisfies the applicable requirements of these Regulations, and “conformity assessment procedure” means the procedures specified in any of those Annexes;

[F7“designated standard” has the meaning given to it in regulation 2A;]

“enforcement authority” means—

(a)

in Great Britain, subject to sub-paragraph (b) [F8and (ba)]—

(i)

in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive; and

(ii)

in relation to any other machinery or partly completed machinery—

(aa)

within each local weights and measures authority's area, that authority; or

(bb)

the Secretary of State;

(b)

[F9the Office of Rail and Road] where, in Great Britain, the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 M6 make it the enforcing authority, within the meaning of section 18(7) of the 1974 Act, in relation to machinery for use in the operation of a railway, tramway or any other system of guided transport, as defined in those Regulations; and

(ba)

[F10the Office for Nuclear Regulation in relation to—

(i)

machinery and partly completed machinery which is intended exclusively or primarily for use on a relevant nuclear site; or

(ii)

putting machinery into service on such a site.]

(c)

in Northern Ireland—

(i)

in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive for Northern Ireland; and

(ii)

in relation to any other machinery or partly completed machinery—

(aa)

within each district council's area, that council; or

(bb)

the Secretary of State;

[F11“essential health and safety requirements” means the requirements set out in Annex I (Part 1 of Schedule 2), being requirements relating to the design and construction of the products to which these Regulations apply to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, in the case of machinery referred to in section 2.4 of Annex I, of the environment;]

“follow”, in relation to a responsible person and a conformity assessment procedure, means the responsible person complying with the requirements which the conformity assessment procedure, as expressed in Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), imposes on responsible persons;

F12...

“the Health and Safety Executive” (except where express reference is made to the Health and Safety Executive for Northern Ireland) means the Health and Safety Executive established under section 10 of the 1974 Act;

“the Health and Safety Executive for Northern Ireland” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;

“interchangeable equipment” has the meaning given in regulation 4(2)(b);

“lifting accessory” has the meaning given in regulation 4(2)(d);

“machine” means an item of machinery;

“machinery” has the meaning given in regulation 4(3);

“manufacturer” means, in relation to machinery or partly completed machinery—

(a)

a person who designs or manufactures that machinery or partly completed machinery—

(i)

with a view to its being placed on the market under that person's own name or trademark; or

(ii)

for that person's own use in [F13Great Britain]; or

(b)

if there is no such person, the person who places that machinery or partly completed machinery on the market or puts it into service;

F14...

F15...

F16...

F17...

“partly completed machine” means an item of partly completed machinery;

“partly completed machinery” has the meaning given in regulation 6;

“place on the market” and related expressions have the meaning given in regulation 3;

F18...

“put into service” and related expressions have the meaning given in regulation 3;

[F19“relevant nuclear site” means a site which is—

(a)

a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);

(b)

an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or

(c)

a new nuclear build site (within the meaning given in regulation 2A of those Regulations);]

“removable mechanical transmission device” has the meaning given in regulation 4(2)(f);

“responsible person” means, in relation to machinery or partly completed machinery—

(a)

the manufacturer of that machinery or partly completed machinery; or

(b)

the manufacturer's authorised representative;

“safe” means, in relation to machinery, that when it is properly installed and maintained, and used for the purposes for which it is intended, or under conditions which can reasonably be foreseen, it does not—

(a)

endanger the health of, or result in death or injury to, any person; or

(b)

where appropriate—

(i)

endanger the health of, or result in death or injury to, domestic animals; or

(ii)

endanger property; [F20or

(c)

in the case of machinery referred to in section 2.4 of Annex I (Part 1 of Schedule 2), endanger the environment;]

“safety component” has the meaning given in regulation 4(2)(c);

[F21“UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;]

“UK notified body” has the meaning given in regulation 16(3) and (4); and

“use at work” means, in relation to machinery or partly completed machinery, use or operation—

(a)

by persons at work (whether exclusively or not); or

(b)

otherwise than at work, in non-domestic premises made available to persons at a place where they may use the machinery or partly completed machinery provided for their use there,

and for these purposes, “at work” has the same meaning as it does under or by virtue of section 52 of the 1974 Act for the purposes of Part 1 of that Act.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F4Words in reg. 2(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations (2020 S.I. 2020/1460), reg. 1(2), Sch. 5 para. 1(2)

Marginal Citations

M1By virtue of Decision No. 6/2007 of the EEA Joint Committee: O.J. No. L 209, 9.8.2007, p.8.

M5S.I. 1992/3073, amended by S.I. 1994/2063, S.I. 2004/693 and S.I. 2005/831.

M6S.I. 2006/557, to which there are amendments not relevant to these Regulations.

InterpretationN.I.

2.—(1) In these Regulations—

(a)references to “the Directive” are references to Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC[F22, as amended by Directive 2009/127/EC of the European Parliament and of the Council amending Directive 2006/42/EC with regard to machinery for pesticide application]; and

(b)Annexes I to XI to the Directive are reproduced in Schedule 2 (with minor changes reflecting the Directive's application to the EEA [F23and Northern Ireland] F24, and certain details of the Directive's implementation in these Regulations – in particular, the use of certain defined terms and the adoption of gender neutral drafting), so that each Annex is a separate Part of that Schedule; accordingly, where reference is made to an Annex designated by a Roman numeral, the reference is to the Part of Schedule 2 designated by the corresponding Arabic numeral and reproducing the text of the Annex to the Directive designated by that Roman numeral in the Directive.

(2) In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc Act 1974 F25;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 F26;

“the 1987 Act” means the Consumer Protection Act 1987 F27;

“the 1992 Regulations” means the Supply of Machinery (Safety) Regulations 1992 F28;

“applicable” means, in relation to the application of essential health and safety requirements to any machine, those essential health and safety requirements which are expressed in Annex I (Part 1 of Schedule 2) as applying either to all machinery or to machinery of a category to which that machine belongs or which has a characteristic that it shares;

“authorised representative” means a person established in [F29a relevant] state who has received a written mandate from the manufacturer to perform, on the manufacturer's behalf, all or part of the obligations and formalities imposed on manufacturers (either as “manufacturers” or “responsible persons”) by these Regulations or otherwise in connection with the Directive;

“CE marking” means a mark consisting of the symbol “CE” set out in the form shown in Annex III (Part 3 of Schedule 2);

“chains, ropes and webbing” has the meaning given in regulation 4(2)(e);

“Commission” means Commission of the [F30European Union];

“conformity assessment” means the assessment, in accordance with Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), of whether machinery, or a representative model of machinery, satisfies the applicable requirements of these Regulations, and “conformity assessment procedure” means the procedures specified in any of those Annexes;

“enforcement authority” means—

(a)

in Great Britain, subject to sub-paragraph (b) [F31and (ba)]—

(i)

in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive; and

(ii)

in relation to any other machinery or partly completed machinery—

(aa)

within each local weights and measures authority's area, that authority; or

(bb)

the Secretary of State;

(b)

[F32the Office of Rail and Road] where, in Great Britain, the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 F33 make it the enforcing authority, within the meaning of section 18(7) of the 1974 Act, in relation to machinery for use in the operation of a railway, tramway or any other system of guided transport, as defined in those Regulations; and

(ba)

[F34the Office for Nuclear Regulation in relation to—

(i)

machinery and partly completed machinery which is intended exclusively or primarily for use on a relevant nuclear site; or

(ii)

putting machinery into service on such a site.]

(c)

in Northern Ireland—

(i)

in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive for Northern Ireland; and

(ii)

in relation to any other machinery or partly completed machinery—

(aa)

within each district council's area, that council; or

(bb)

the Secretary of State;

[F35“essential health and safety requirements” means the requirements set out in Annex I (Part 1 of Schedule 2), being requirements relating to the design and construction of the products to which these Regulations apply to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, in the case of machinery referred to in section 2.4 of Annex I, of the environment;]

“follow”, in relation to a responsible person and a conformity assessment procedure, means the responsible person complying with the requirements which the conformity assessment procedure, as expressed in Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), imposes on responsible persons;

“harmonised standard” means a non-binding technical specification adopted by the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI), on the basis of a remit issued by the Commission in accordance with the procedures laid down in 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 and of rules on Information Society services F36;

“the Health and Safety Executive” (except where express reference is made to the Health and Safety Executive for Northern Ireland) means the Health and Safety Executive established under section 10 of the 1974 Act;

“the Health and Safety Executive for Northern Ireland” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;

“interchangeable equipment” has the meaning given in regulation 4(2)(b);

“lifting accessory” has the meaning given in regulation 4(2)(d);

“machine” means an item of machinery;

“machinery” has the meaning given in regulation 4(3);

“manufacturer” means, in relation to machinery or partly completed machinery—

(a)

a person who designs or manufactures that machinery or partly completed machinery—

(i)

with a view to its being placed on the market under that person's own name or trademark; or

(ii)

for that person's own use in [F37a relevant] state; or

(b)

if there is no such person, the person who places that machinery or partly completed machinery on the market or puts it into service;

[F38“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;]

“notified body” means—

(a)

a UK notified body;

(b)

a person designated as a notified body for the purposes of the Directive by another [F39relevant] state and notified by that state to the Commission and the other [F39relevant] states under Article 14(1) of the Directive; or

(c)

a person recognised for the purpose of carrying out the functions of a notified body under the Directive under or by virtue of—

(i)

a mutual recognition agreement relating to the Directive; or

(ii)

a similar agreement (including a Protocol to a Europe Agreement, or another Agreement, on Conformity Assessment and Acceptance of Industrial Products),

which has been concluded between the [F30European Union and a state other than [F40a relevant] state;

“notified body criteria” has the meaning given in regulation 16(6);

“notified body designation” has the meaning given in regulations 16(2) and (4);

“official Community language” means an official language of an EEA state;

“partly completed machine” means an item of partly completed machinery;

“partly completed machinery” has the meaning given in regulation 6;

“place on the market” and related expressions have the meaning given in regulation 3;

“published harmonised standard” has the meaning given in regulation 7(4);

“put into service” and related expressions have the meaning given in regulation 3;

[F41“relevant market” means—

(a)

the market of Northern Ireland; and

(b)

the markets of the EEA states;]

[F42“relevant nuclear site” means a site which is—

(a)

a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);

(b)

an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or

(c)

a new nuclear build site (within the meaning given in regulation 2A of those Regulations);]

[F43“relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;]

“removable mechanical transmission device” has the meaning given in regulation 4(2)(f);

“responsible person” means, in relation to machinery or partly completed machinery—

(a)

the manufacturer of that machinery or partly completed machinery; or

(b)

the manufacturer's authorised representative;

“safe” means, in relation to machinery, that when it is properly installed and maintained, and used for the purposes for which it is intended, or under conditions which can reasonably be foreseen, it does not—

(a)

endanger the health of, or result in death or injury to, any person; or

(b)

where appropriate—

(i)

endanger the health of, or result in death or injury to, domestic animals; or

(ii)

endanger property; [F44or

(c)

in the case of machinery referred to in section 2.4 of Annex I (Part 1 of Schedule 2), endanger the environment;]

“safety component” has the meaning given in regulation 4(2)(c);

[F45“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;]

“UK notified body” has the meaning given in regulation 16(3) and (4); and

“use at work” means, in relation to machinery or partly completed machinery, use or operation—

(a)

by persons at work (whether exclusively or not); or

(b)

otherwise than at work, in non-domestic premises made available to persons at a place where they may use the machinery or partly completed machinery provided for their use there,

and for these purposes, “at work” has the same meaning as it does under or by virtue of section 52 of the 1974 Act for the purposes of Part 1 of that Act.]

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F24By virtue of Decision No. 6/2007 of the EEA Joint Committee: O.J. No. L 209, 9.8.2007, p.8.

F33S.I. 2006/557, to which there are amendments not relevant to these Regulations.

F36O.J. No. L 204, 21.7.1998, p.37, as amended by Directives 98/48/EC (O.J. No. L 217, 5.8.1998, p.18) and 2006/96/EC (O.J. No. L 363, 20.12.2006, p.81).