The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Insertion of regulations 30 and 31 E+W+S

22.  After regulation 29 insert—

“Transitional provisions in relation to EU Exit

30.— (1) In this regulation—

“pre-exit period” means the period beginning with 29 December 2009 and ending immediately before [F1 IP completion day];

“product” means machinery to which these Regulations apply.

(2) Where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 12 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 M1 , any obligation to which a person was subject under these Regulations as they had effect immediately before [F1 IP completion day], continues to have effect as it did immediately before [F1 IP completion day], in relation to that product.

(3) Where during the pre-exit period—

(a) a product has not been placed on the market; and

(b) a manufacturer has taken any action to comply with regulations 10 to 12 as they had effect immediately before [F1 IP completion day] in relation to that product

that action has effect as if it had been done under regulations 10 to 12 as they have effect on and after [F1 IP completion day].

31.— (1) In this regulation—

“information requirements” means the requirements set out in—

(a)

section 1.7.3 of Schedule 2, Part 1 that all machinery must be marked visibly, legibly and indelibly with the business name and full address of the manufacturer and where applicable the manufacturer's authorised representative; and

(b)

section 4.3.1 of Schedule 2, Part 1 that each length of lifting chain, rope or webbing not forming part of an assembly must bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the responsible person and the identifying reference of the relevant certificate.

(2) The information requirements do not apply to a person who—

(a) falls within paragraph (b) of the definition of manufacturer in regulation 2(2);

(b) has imported machinery from an EEA state and places it on the market within a period of [F2 24 months] beginning with [F3 IP completion day]; and

(c) before placing the machinery on the market, sets out the information referred to in sections 1.7.3 and 4.3.1 of Schedule 2, Part 1 in a document accompanying the machinery.”

Textual Amendments

F1 Words in Sch. 12 para. 22 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(d)(vi)

F2 Words in Sch. 12 para. 22 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 2(1)(b)

F3 Words in Sch. 12 para. 22 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(d)(vii)

Commencement Information

I1 Sch. 12 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 2019/696