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).