Amendment to the Lifts Regulations 2016
13.—(1) The Lifts Regulations 2016(1) are amended as follows.
(2) In regulation 2(1), in the definition of “Directive” omit “(as it has effect immediately before IP completion day)”.
(3) For regulation 45C substitute—
“Further use of the UK marking
45C.—(1) In this regulation—
(a)any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;
(b)“harmonised standard” has the meaning given to it in Article 2(13).
(2) Paragraph (3) applies where, before placing a lift on the market, the installer—
(a)ensures that the lift has been designed, manufactured, installed and tested in accordance with the essential health and safety requirements set out in Annex I;
(b)ensures that the conformity assessment procedure that applies to that lift in accordance with Article 16 has been carried out;
(c)draws up the technical documentation referred to in Article 7(2); and
(d)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.
(3) Where this paragraph applies—
(a)the requirements of regulations 6 and 7 are to be treated as being satisfied;
(b)except for regulations 49 and 50(1) to (2), Part 3 does not apply;
(c)regulations 2(2)(a), 8(1), 9, 24, 25, 26(1)(a) and (b), 45 and 68 apply subject to the modifications in paragraph (6);
(d)regulation 49 and paragraph 1 of Schedule 5 apply subject to the modifications in paragraphs (6) and (7);
(e)regulation 8(3) applies subject to the modification in paragraph (7).
(4) Paragraph (5) applies where, before placing a safety component for lifts on the market, the manufacturer—
(a)ensures that the safety component has been designed and manufactured in accordance with Article 5(2);
(b)ensures that the conformity assessment procedure that applies to that safety component in accordance with Article 15 has been carried out;
(c)ensures that the relevant technical documentation referred to in Article 8(2) is drawn up;
(d)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English.
(5) Where this paragraph applies—
(a)the requirements of regulations 15 and 16 are treated as being satisfied;
(b)except for regulations 49 and 50(1) to (2), Part 3 does not apply;
(c)regulations 2(2)(a), 17(1), 18, 20(2)(b), 25, 26(1)(a) and (b), 27(1), 30, 33(b), 38, 39, 45 and 68 apply subject to the modifications in paragraph (6);
(d)regulation 49 and paragraph 2 of Schedule 5 apply subject to the modifications in paragraphs (6) and (7);
(e)regulation 17 applies subject to the modification in paragraph (7).
(6) The modifications referred to in paragraphs (3)(c) and (d) and (5)(c) and (d) are that—
(a)any reference to “essential health and safety requirements” is to be read as a reference to the essential health and safety requirements referred to in Annex I;
(b)any reference to “designated standard” is to be read as a reference to a harmonised standard;
(c)any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the lift or the safety component for the lift in accordance with Article 15 or Article 16, as the case may be;
(d)any reference to “technical documentation” is to be read as a reference to the relevant technical documentation set out in Annexes IV to XII.
(7) The modifications referred to in paragraphs (3)(d) and (e) and (5)(d) and (e) are that—
(a)in regulation 17 and Schedule 5 any reference to “enactment” is to be read as including the Directive;
(b)in regulation 49 any reference to Schedules 12 to 19 is to be read as a reference to Annexes IV to XII;
(c)in Schedule 5 any reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Article 15 or 16, as the case may be.”.
(4) In regulation 82, omit paragraphs (6) to (8).
S.I. 2016/1093; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended in respect of England and Wales and Scotland by S.I. 2019/696, S.I. 2021/1273 and S.I. 2022/1393; there are other amending instruments but none is relevant.