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

Amendment to regulation 82

37.  In regulation 82 (transitional provisions) at the end insert—

“(3) In paragraphs (4), (5) and (6)—

“pre-exit period” means the period beginning with the commencement date and ending immediately before exit day;

“product” means a lift or a safety component to lifts to which these Regulations apply.

(4) Subject to paragraph (5), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 22 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019(1), any obligation to which a person was subject under these Regulations as they had effect immediately before exit day, continues to have effect as it did immediately before exit day, in relation to that product.

(5) Paragraph (4) does not apply to—

(a) any obligation of any enforcing authority to inform the European Commission or the member States of any matter; or

(b) any obligation to take action outside of the United Kingdom in respect of that product.

(6) Where during the pre-exit period—

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

(b) a manufacturer has taken any action under regulations 47 or 48 as they had effect immediately before exit day in relation to that product,

that action has effect as if it had been done under regulations 47 or 48 as they have effect on and after exit day.”.

(1)

S.I. 2019/696.