- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Supply of Machinery (Safety) Regulations 2008, Section 12A.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
12A.—(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)“CE marking” means the marking referred to in Article 16(1);
(c)“harmonised standard” means a harmonised standard within the meaning of Article 2(l), the reference to which has been published in the Official Journal of the European Union.
(2) Subject to paragraphs (6) and (7), paragraph (3) applies where, before placing machinery on the market or putting machinery into service, the responsible person—
(a)ensures that the machinery satisfies the essential health and safety requirements set out in Annex I;
(b)ensures that the technical file referred to in Annex VII, part A is available to the enforcement authorities on request;
(c)provides the necessary information, referred to in Article 5(1)(c);
(d)carries out the appropriate procedures for assessing conformity in accordance with Article 12;
(e)ensures that the technical file, necessary information and records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;
(f)draws up the EC declaration of conformity in accordance with Annex II, part I, Section A and ensure that it accompanies the machinery;
(h)ensures that the EC declaration of conformity is prepared in or translated into English; and
(i)affixes the CE marking in accordance with Article 16.
(3) Where this paragraph applies—
(a)the requirements of regulation 7(2)(a), (b), (c), (e)(i) and (f) are to be treated as being satisfied;
(b)regulations 7(2)(e)(ii), 15 and 21 apply subject to the modifications in paragraph (8);
(c)Part 8 of Schedule 2 does not apply.
(4) Subject to paragraphs (6) and (7) paragraph (5) applies where, before placing partly completed machinery on the market, the responsible person ensures that—
(a)the relevant technical documentation referred to in Annex VII part B is prepared in or translated into English;
(b)the assembly instructions referred to in Annex VI are prepared in or translated into English; and
(c)a declaration of incorporation referred to in Annex II part 1, Section B has been drawn up in or translated into English.
(5) Where this paragraph applies the requirements of regulation 8(1) are to be treated as being satisfied.
(6) This paragraph applies to machinery listed in Annex IV where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 7(2).
(7) Where paragraph (6) applies, paragraph (2)(d) is to be read as requiring the responsible person to have carried out the conformity assessment procedure in Article 12(4).
(8) The modifications referred to in paragraph (3)(b) are that—
(a)any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;
(b)any reference to “UK marking” is to be read as a reference to the CE marking.]
Textual Amendments
F1Regs. 12A-12C inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 9 (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, regs. 1(4), Sch. 3 para. 7(5)); 2020 c. 1, Sch. 5 para. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: