- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As made)
Point in time view as at 31/12/2020. There are multiple versions of this provision on screen. These apply to different geographical extents.
You are viewing this legislation item as it stood at a particular point in time. At this point in time multiple versions of this provision exist for differing geographical extents. Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents.
There are currently no known outstanding effects for the The Lifts Regulations 2016, Section 68.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
68.—(1) Where an enforcing authority makes one of the following findings relating to a lift or the safety component for lifts, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—
(a)the [F1UK] marking—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulations 45 (prohibition on improper use of [F1UK] marking) and 50 ([F1UK] marking);
(b)where [F2an approved] body is involved in the production control phase for the lift or the safety component for lifts, the identification number of [F3the approved] body—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulation 50;
(c)the F4... declaration of conformity—
(i)has not been drawn up; or
(ii)has been drawn up otherwise than in accordance with regulations 8 (F4... declaration of conformity and [F1UK] marking) and 17 (F4... declaration of conformity and [F1UK] marking) and 49 (F4... declaration of conformity);
(d)the technical documentation is either not available or not complete;
(e)the following information that is required to be included in the labelling is absent, false or incomplete—
(i)in relation to lifts, the information specified in regulation 10(1);
(ii)in relation to safety components for lifts, the information specified in regulation 19(1) and 28(1); or
(f)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.
(2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the specified period has elapsed.
(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—
(a)in relation to a lift—
(i)restrict or prohibit the use of the lift; or
(ii)recall the lift;
(b)in relation to a safety component for lifts—
(i)restrict or prohibit the safety component for lifts being made available on the market;
(ii)ensure that the safety component for lifts is withdrawn; or
(iii)ensure that the safety component for lifts is recalled.
(4) This regulation does not apply where a lift or a safety component for lifts presents a risk.
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
F1Word in reg. 68 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 36(a) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 68(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 36(b)(i) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 68(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 36(b)(ii) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in reg. 68(1)(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 36(c) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
68.—(1) Where an enforcing authority makes one of the following findings relating to a lift or the safety component for lifts, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—
(a)the CE marking—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulations 45 (prohibition on improper use of CE marking) and 50 (CE marking);
[F5(aa)the UK(NI) indication—
(i)has not been affixed, in contravention of regulation 50A; or
(ii)has been affixed other than in accordance with regulation 50A;]
(b)where a notified body is involved in the production control phase for the lift or the safety component for lifts, the identification number of the notified body—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulation 50;
(c)the EU declaration of conformity—
(i)has not been drawn up; or
(ii)has been drawn up otherwise than in accordance with regulations 8 (EU declaration of conformity and CE marking) and 17 (EU declaration of conformity and CE marking) and 49 (EU declaration of conformity);
(d)the technical documentation is either not available or not complete;
(e)the following information that is required to be included in the labelling is absent, false or incomplete—
(i)in relation to lifts, the information specified in regulation 10(1);
(ii)in relation to safety components for lifts, the information specified in regulation 19(1) and 28(1); or
(f)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.
(2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the specified period has elapsed.
(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—
(a)in relation to a lift—
(i)restrict or prohibit the use of the lift; or
(ii)recall the lift;
(b)in relation to a safety component for lifts—
(i)restrict or prohibit the safety component for lifts being made available on the market;
(ii)ensure that the safety component for lifts is withdrawn; or
(iii)ensure that the safety component for lifts is recalled.
(4) This regulation does not apply where a lift or a safety component for lifts presents a risk.
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
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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: