PART 2Market Surveillance and Enforcement

Designation of market surveillance authorities3

1

The market surveillance authority is—

a

in the case of appliances or fittings for private use or consumption (other than that referred to in paragraph (2)(b))—

i

in Great Britain, within its area, a weights and measures authority; and

ii

in Northern Ireland, within its area, a district council;

b

in the case of appliances or fittings for use or operation in the circumstances set out in paragraph (2)—

i

subject to paragraph (3), in Great Britain, the Health and Safety Executive; and

ii

in Northern Ireland, the Health and Safety Executive for Northern Ireland.

2

The circumstances referred to in paragraphs (1)(b) are where the appliances or fittings are designed—

a

for use or operation, whether exclusively or not, by persons at work; or

b

for use, otherwise than at work, in non-domestic premises made available to persons at a place where they may use the appliances or fittings provided for their own use there.

3

In so far as these Regulations apply to appliances and fittings intended exclusively or primarily for use on relevant nuclear sites, the market surveillance authority is the Office for Nuclear Regulation.

4

In paragraph (3) “relevant nuclear site” means a site which is—

a

a GB nuclear site (within the meaning given in section 68 of the Energy Act 201313);

b

an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 199814); or

c

a new nuclear build site (within the meaning given in regulation 2A of those Regulations15).