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The Electrical Equipment (Safety) Regulation
Release Time: 2007/12/6 0:00:00        From: Made In China.com        Visits: 288572        Font Size: Large  Middle  Small

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Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 1987[1], consulted such organizations as appear to him to be representative of interests substantially affected by these Regulations, such other persons as he considers appropriate and the Health and Safety Commission:
And whereas the Secretary of State is a Minister designated[2] for the purposes of section 2 of the European Communities Act 1972[3] in relation to measures for safety and consumer protection as respects electrical equipment and any provisions concerning the composition, labeling, marketing, classification or description of electrical equipment.

 

Now, therefore, the Secretary of State in exercise of powers conferred on him by section 11 of the said Act of 1987 and by section 2 of the said Act of 1972 and of all other powers enabling him in that behalf hereby makes the following Regulations:—
Citation and commencement
    1.    These Regulations may be cited as the Electrical Equipment (Safety) Regulations 1994 and shall come into force on 9th January 1995.
Revocation, defense and consequential amendment

 

2.—(1)  The Low Voltage Electrical Equipment (Safety) Regulations 1989[4] are hereby revoked provided that the said Regulations of 1989 shall continue to apply to electrical equipment to which these Regulations do not apply by virtue of paragraph (4) of regulation 4 below.

 

(2)  In Schedule 1 to the Provision and Use of Work Equipment Regulations 1992[5] for paragraph 1 there shall be substituted— "Council Directive 73/23/EEC on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (OJ No. L77, 26.3.1973, p.29) as amended by Article 13 of Council Directive 93/68/EEC (OJ No. L220, 30.8.1993, p.1.)."

 

 (3)  In any proceedings against a person for an offence under any of the relevant statutory provisions (as defined in section 53(1) of the Health and Safety at Work etc Act 1974[6] or article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978[7] which impose requirements with respect to any matter it shall be a defense for that person to show that the requirements of these Regulations were satisfied in relation to that matter.

 

(4)  Where an improvement notice or a prohibition notice has been served on any person pursuant to section 21 or, as the case may be, section 22 of the Health and Safety at Work etc Act 1974 (or pursuant to article 23 or, as the case may be, article 24 of the Health and Safety at Work (Northern Ireland) Order 1978), if the person upon whom the notice was served appeals to an industrial tribunal pursuant to section 24 of the said Act (or article 26 of the said Order) and shows that the notice relates to any matter in respect of which the requirements of these Regulations are satisfied, the tribunal shall cancel the notice.

 

Interpretation
    3.—In these Regulations—

"The 1987 Act" means the Consumer Protection Act 1987[8];

"Authorized representative" means a representative established within the Community appointed by a manufacturer of electrical equipment to act on his behalf in relation to these Regulations;

"The CE marking Directive" means Council Directive No 93/68/EEC [9];

"CE marking" means the CE conformity marking referred to in regulation 9 consisting of the initials "CE" taking the form of the specimen given in Schedule 1;

"The Community" means the European Economic Community and other States in the European Economic Area.

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