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The Lifts Regulations 2016

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Scope and application

    4. 4.Exception for trade fairs, exhibitions or demonstrations

    5. 5.Lifts where risks are wholly or partly covered by other EU law

  3. PART 2

    1. Installers

      1. 6.Design, manufacture, installation and testing in accordance with essential health and safety requirements

      2. 7.Technical documentation and conformity assessment

      3. 8.EU declaration of conformity and CE marking

      4. 9.Retention of technical documentation and EU declaration of conformity

      5. 10.Labelling and instructions

      6. 11.Monitoring of lifts placed on the market

      7. 12.Duty to take action in respect of lifts placed on the market which are considered not to be in conformity

      8. 13.Provision of information and cooperation

      9. 14.Specific duties relating to buildings or constructions in which lifts are installed

    2. Manufacturers

      1. 15.Design and manufacture in accordance with essential health and safety requirements

      2. 16.Technical documentation and conformity assessment

      3. 17.EU declaration of conformity and CE marking

      4. 18.Retention of technical documentation and EU declaration of conformity

      5. 19.Labelling and instructions

      6. 20.Compliance procedures for series production

      7. 21.Monitoring of safety components for lifts made available on the market

      8. 22.Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity

      9. 23.Provision of information and cooperation

    3. Authorised representatives

      1. 24.Appointment of authorised representatives

    4. Importers

      1. 25.Prohibition on placing on the market a safety component for lifts which is not in conformity with the essential health and safety requirements

      2. 26.Requirements which must be satisfied before an importer places a safety component for lifts on the market

      3. 27.Prohibition on placing on the market safety components for lifts considered not to be in conformity with the essential health and safety requirements

      4. 28.Information identifying importer

      5. 29.Instructions

      6. 30.Storage and transport

      7. 31.Monitoring of safety components for lifts made available on the market

      8. 32.Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformity

      9. 33.Retention of technical documentation and EU declaration of conformity

      10. 34.Provision of information and cooperation

      11. 35.Cases in which obligations of manufacturers apply to importers

    5. Distributors

      1. 36.Duty to act with due care

      2. 37.Requirements which must be satisfied before a distributor makes a safety component for lifts available on the market

      3. 38.Prohibition on making available on the market where the safety component for lifts is not considered to be in conformity with the essential health and safety requirements

      4. 39.Storage and transport

      5. 40.Duty to take action in respect of safety components for lifts made available on the market which are not in conformity with Part 2

      6. 41.Provision of information and cooperation

      7. 42.Cases in which obligations of manufacturers apply to distributors

    6. All economic operators

      1. 43.Translation of declaration of conformity

      2. 44.Identification of economic operators

      3. 45.Prohibition on improper use of CE marking

  4. PART 3

    1. 46.Presumption of conformity

    2. 47.Conformity assessment procedures for lifts

    3. 48.Conformity assessment procedures for safety components for lifts

    4. 49.EU declaration of conformity

    5. 50.CE marking

  5. PART 4

    1. 51.Notified bodies

    2. 52.Notification

    3. 53.Presumption of conformity of notified bodies

    4. 54.Contents of notification

    5. 55.Monitoring

    6. 56.United Kingdom Accreditation Service

    7. 57.Changes to notifications

    8. 58.Operational obligations of notified bodies

    9. 59.Subsidiaries and contractors

  6. PART 5

    1. 60.Designation of market surveillance authority

    2. 61.Enforcement

    3. 62.Enforcement powers

    4. 63.Exercise of enforcement powers

    5. 64.Evaluation of lifts or safety components for lifts presenting a risk

    6. 65.Enforcement action in respect of lifts and safety components for lifts which are not in conformity and which present a risk

    7. 66.EU safeguard procedure

    8. 67.Enforcement action in respect of lifts and safety components for lifts which are in conformity, but present a risk

    9. 68.Enforcement action in respect of formal non-compliance

    10. 69.Restrictive measures

    11. 70.Offences

    12. 71.Penalties

    13. 72.Defence of due diligence

    14. 73.Liability of persons other than principal offender

    15. 74.Time limit for prosecution of offences

    16. 75.Service of documents

    17. 76.Recovery of expenses of enforcement

    18. 77.Action by enforcing authority

    19. 78.Appeals against notices

    20. 79.Appropriate court for appeals against notices

    21. 80.Compensation

  7. PART 6

    1. 81.Review

    2. 82.Transitional provisions

    3. 83.Consequential revocations, savings and amendments

  8. Signature

    1. SCHEDULE 1

      Essential Health and Safety Requirements

      1. 1.Preliminary remarks

      2. 2.General

      3. 3.Risks for persons outside the car

      4. 4.Risks for persons in the car

      5. 5.Other risks

      6. 6.Marking

      7. 7.Instructions

    2. SCHEDULE 2

      Excluded lifts

      1. 1.Lifting appliances whose speed is not greater than 0.15m/s.

      2. 2.Construction site hoists.

      3. 3.Cableways, including funicular railways.

      4. 4.Lifts specially designed and constructed for military or police purposes....

      5. 5.Lifting appliances from which work can be carried out.

      6. 6.Mine winding gear.

      7. 7.Lifting appliances intended for lifting performers during artistic performances.

      8. 8.Lifting appliances fittedin means of transport.

      9. 9.Lifting appliances connected to machinery and intended exclusively for access...

      10. 10.Rack and pinion trains.

      11. 11.Escalators and mechanical walkways.

    3. SCHEDULE 3

      List of safety components referred to in Article 1(1) of the Directive

      1. 1.Devices for locking landing doors.

      2. 2.Devices to prevent falls referred to in point 3.2 of...

      3. 3.Overspeed limitation devices.

      4. 4.(a) Energy-accumulating buffers: (i) non-linear, or (ii) with damping of...

      5. 5.Safety devices fitted to jacks of hydraulic power circuits where...

      6. 6.Electric safety devices in the form of safety circuits containing...

    4. SCHEDULE 4

      Notified body requirements

      1. 1.A conformity assessment body must be established in the United...

      2. 2.(1) A conformity assessment body must be a third party...

      3. 3.(1) A conformity assessment body, its top level management and...

      4. 4.A conformity assessment body, its top level management and the...

      5. 5.A conformity assessment body, its top level management and the...

      6. 6.A conformity assessment body must ensure that the activities of...

      7. 7.A conformity assessment body and its personnel must carry out...

      8. 8.A conformity assessment body must be capable of carrying out...

      9. 9.A conformity assessment body must have at its disposal—

      10. 10.A conformity assessment body must have the means necessary to...

      11. 11.The personnel responsible for carrying out conformity assessment activities must...

      12. 12.A conformity assessment body must be able to demonstrate the...

      13. 13.The remuneration of the top level management and the personnel...

      14. 14.A conformity assessment body must have, and must satisfy the...

      15. 15.A conformity assessment body must ensure that its personnel observe...

      16. 16.Paragraph 15 does not prevent the personnel from providing information...

      17. 17.A conformity assessment body must participate in, or ensure that...

    5. SCHEDULE 5

      EU declaration of conformity

      1. PART 1 EU declaration of conformity for lifts

        1. 1.The EU declaration of conformity for lifts must be drafted...

      2. PART 2 EU declaration of conformity for safety components for lifts

        1. 2.The EU declaration of conformity for safety components for lifts...

    6. SCHEDULE 6

      Operational obligations of notified bodies

      1. 1.A notified body must carry out conformity assessments in accordance...

      2. 2.A notified body must carry out conformity assessments in a...

      3. 3.A notified body must perform its activities taking due account...

      4. 4.A notified body must respect the degree of rigour and...

      5. 5.Where a notified body finds that essential health and safety...

      6. 6.Where, in the course of the monitoring of conformity following...

      7. 7.Where the notified body has required an installer or a...

      8. 8.Paragraph 9 applies where a notified body is minded to—...

      9. 9.Where this paragraph applies, the notified body must—

      10. 10.A notified body must inform the Secretary of State of—...

      11. 11.A notified body must make provision in its contracts with...

      12. 12.A notified body must provide other bodies notified under the...

      13. 13.A notified body must participate in the work of the...

    7. SCHEDULE 7

      Enforcement powers of the Secretary of State and the Department under the 1987 Act

      1. 1.Enforcement powers under the 1987 Act

      2. 2.Modifications to the 1987 Act

    8. SCHEDULE 8

      Enforcement powers of the Health and Safety Executive under the 1974 Act

      1. 1.Enforcement powers under the 1974 Act

      2. 2.Modifications to the 1974 Act

    9. SCHEDULE 9

      Enforcement powers of the Department under the 1978 Order

      1. 1.Enforcement powers under the 1978 Order

      2. 2.Modifications to the 1978 Order

    10. SCHEDULE 10

      Compliance, withdrawal and recall notices

      1. 1.Compliance notice

      2. 2.Withdrawal notice

      3. 3.Recall notice

      4. 4.Interpretation

  10. Explanatory Note

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