The Supply of Machinery (Safety) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/1597
(1) These Regulations may be cited as the Supply of Machinery (Safety) Regulations 2008 and shall come into force on 29th December 2009.(2) The Regulations listed in the first column of the table in Schedule 1 are revoked to the extent specified in the third column of that table.references to “the Directive” are references to Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/ECF30, as amended by Directive 2009/127/EC of the European Parliament and of the Council amending Directive 2006/42/EC with regard to machinery for pesticide applicationF178 (as it had effect immediately before IP completion day) ; andAnnexes I to XI to the Directive are reproduced in Schedule 2 (with minor changes reflecting the Directive's application to the EEA (2) In these Regulations—
  • the 1974 Act” means the Health and Safety at Work etc Act 1974 ;
  • the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 ;
  • the 1987 Act” means the Consumer Protection Act 1987 ;
  • the 1992 Regulations” means the Supply of Machinery (Safety) Regulations 1992 ;
  • applicable” means, in relation to the application of essential health and safety requirements to any machine, those essential health and safety requirements which are expressed in Annex I (Part 1 of Schedule 2) as applying either to all machinery or to machinery of a category to which that machine belongs or which has a characteristic that it shares;
  • F179approved body” has the meaning given to it in regulation 16A;
  • authorised representative” means a person established in F273the United Kingdom who has received a written mandate from the manufacturer to perform, on the manufacturer's behalf, all or part of the obligations and formalities imposed on manufacturers (either as “manufacturers” or “responsible persons”) by these Regulations or otherwise in connection with the Directive;
  • ...
  • chains, ropes and webbing” has the meaning given in regulation 4(2) (e) ;
  • ...
  • conformity assessment” means the assessment, in accordance with Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2) , of whether machinery, or a representative model of machinery, satisfies the applicable requirements of these Regulations, and “conformity assessment procedure” means the procedures specified in any of those Annexes;
  • F182designated standard” has the meaning given to it in regulation 2A;
  • enforcement authority” means—
    • (a) in Great Britain, subject to sub-paragraph (b) F37and (ba)
      • (i) in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive; and
      • (ii) in relation to any other machinery or partly completed machinery—
        • (aa) within each local weights and measures authority's area, that authority; or
        • (bb) the Secretary of State;
    • (b) F51the Office of Rail and Road where, in Great Britain, the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 make it the enforcing authority, within the meaning of section 18(7) of the 1974 Act, in relation to machinery for use in the operation of a railway...

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