Northern Ireland Statutory Rule SI 2017/90 United Kingdom

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer30 Conformity Assessment Body18 Distributor6 Operator3

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Distributor — also bound by 182 other Acts
Operator — also bound by 746 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.005 Design and manufacture in accordance with essential health and safety requirements Regulated
  • Ensure product design and manufacture meet essential safety requirementsManufacturer
s.006 Technical documentation and conformity assessment Regulated
  • Carry out conformity assessment and prepare technical documentation before placing ATEX products on the marketManufacturer
s.007 EU declaration of conformity and CE marking Regulated
  • You must draw up an EU declaration of conformity and affix CE marking before placing product on marketManufacturer
s.008 Retention of technical documentation and EU declaration of conformity Regulated
  • Keep technical documentation and declaration of conformity for 10 yearsManufacturer
s.009 Compliance procedures for series production Regulated
  • Put procedures in place for series production conformityManufacturer
s.010 Monitoring Regulated
  • Monitor product safety, investigate complaints and keep registersManufacturer
s.011 Labelling and packaging of products Regulated
  • Label products with identification number before placing on marketManufacturer
s.012 Labelling and packaging of products, other than components Regulated
  • Apply explosion protection marking to products before placing on marketManufacturer
s.013 Information identifying manufacturer Regulated
  • Label products with manufacturer name and contact addressManufacturer
s.014 Instructions and safety information Regulated
  • Provide instructions and safety info in easily understood languageManufacturer
s.015 Duty to take action in respect of a product placed on the market which is considered not to be in conformity Regulated
  • Correct non-conforming products and notify authorities if risk presentManufacturer
s.016 Provision of information and cooperation Regulated
  • Provide information and cooperate with market surveillance authority on requestManufacturer
s.017 Authorised representatives Regulated
  • Appoint an authorised representative in the EU/EEA by written mandateManufacturer
s.018 Prohibition on placing on the market products which are not in conformity Regulated
  • Do not place non-conforming products on the marketManufacturer
s.019 Requirements which shall be satisfied before an importer places a product on the market Regulated
  • Check manufacturer compliance before importing and selling products for explosive atmospheresManufacturer
s.020 Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements Regulated
  • Do not place non-conforming products on the market and report risksManufacturer
s.021 Information identifying importer Regulated
  • Label imported equipment with importer's name and contact addressManufacturer
s.022 Instructions and safety information Regulated
  • Provide instructions and safety information in a language end-users understandManufacturer
s.023 Storage and transport Regulated
  • Ensure storage and transport conditions do not affect product safety conformityManufacturer
s.024 Monitoring Regulated
  • Monitor products and keep records of non-conformance and recallsManufacturer
s.025 Duty to take action in respect of a product placed on the market which is considered not to be in conformity Regulated
  • Take corrective action if you place non-compliant explosive-atmosphere equipment on the marketManufacturer
s.026 Provision of information and cooperation Regulated
  • Provide information and cooperate with the market surveillance authority on requestManufacturer
s.027 Retention of technical documentation and EU declaration of conformity Regulated
  • Keep technical documentation and EU declaration for 10 yearsManufacturer
s.028 Duty to act with due care Regulated
  • Act with due care when making products available on the marketDistributor
s.029 Requirements which shall be satisfied before a distributor makes a product available on the market Regulated
  • Verify product conformity and documentation before placing on the marketDistributor
s.030 Storage and transport Regulated
  • Ensure storage and transport conditions maintain product safety conformityDistributor
s.031 Prohibition on making available on the market where product not considered to be in conformity with safety objectives Regulated
  • Do not place non-conforming products on the market and notify if riskDistributor
s.032 Duty to take action in respect of products made available on the market which are not in conformity Regulated
  • Take corrective action for non-conforming products and notify authorities of riskDistributor
s.033 Provision of information and cooperation Regulated
  • Provide information and cooperate with market surveillance authorityDistributor
s.035 Identification of economic operators Regulated
  • Identify your product supply chain to the market surveillance authority on requestOperator
s.036 Prohibition on improper use of CE marking Regulated
  • Don't misuse the CE marking or misleading marksOperator
s.037 Translation of declaration of conformity Regulated
  • Translate EU declaration of conformity into English for Northern Ireland marketOperator
s.039 Conformity assessment procedures Regulated
  • You must follow the correct conformity assessment procedure for your equipment categoryManufacturer
s.041 UK(NI) indication Regulated
  • Affix UK(NI) indication alongside CE marking on equipment for explosive atmospheresManufacturer
s.048 Changes to notifications Regulated
  • Notified body must transfer or retain files if status lost or activity ceasedConformity Assessment Body
s.050 Subsidiaries and contractors Regulated
  • Notified bodies must control subcontractors and subsidiariesConformity Assessment Body
s.056 Enforcement action in respect of products which are not in conformity and which present a risk Regulated
Other duties (1) — Crown / regulator
  • Executive must enforce corrective action for non-conforming explosive atmosphere productsStatutory regulator
s.058 Enforcement action in respect of products which are in conformity, but present a risk Regulated
Other duties (1) — Crown / regulator
  • Executive must order risk mitigation or removal of compliant productsStatutory regulator
37 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Scope
s.004 Exceptions for trade fairs, exhibitions and demonstrations
s.034 Cases in which obligations of manufacturers apply to importers and distributors
s.038 Presumption of conformity
s.040 EU declaration of conformity
s.041 CE marking
s.041 Register of notified bodies established in the United Kingdom
s.042 Notified bodies
s.043 Presumption of conformity of notified bodies
s.044 Notification
s.045 Contents of notification
s.046 Monitoring
s.047 United Kingdom Accreditation Service
s.049 Operational obligations of notified bodies
s.051 Designation of market surveillance authority
s.052 Enforcement
s.053 Enforcement powers
s.054 Exercise of enforcement powers
s.055 Evaluation of a product presenting a risk
s.057 EU safeguard procedure
s.059 Enforcement action in respect of formal non-compliance
s.060 Restrictive measures
s.061 Offences
s.062 Penalties
s.063 Defence of due diligence
s.064 Liability of persons other than principal offender
s.065 Time limit for prosecution of offences
s.066 Service of documents
s.067 Recovery of expenses of enforcement
s.068 Action by the Executive
s.069 Appeals against notices
s.070 Appropriate court for appeals against notices
s.071 Transitional provisions
s.071 Transitional provision in relation to notification of conformity assessment bodies
s.072 Consequential amendments, revocations and savings
Schedules

Schedules

29 of 89 shown
s.sch001 Principles of integrated explosion safety Regulated
  • Design equipment to prevent explosions and limit their effectsManufacturer
s.sch001 Requirements applicable to equipment in category M 1 of equipment-group I Regulated
  • Design and construct Category M1 equipment to prevent ignition in explosive atmospheresManufacturer
s.sch001 Requirements applicable to equipment in category M 2 of equipment-group I Regulated
  • Ensure explosive atmosphere protection for Category M 2 equipmentManufacturer
s.sch001 Explosive atmospheres caused by gases, vapours or mists Regulated
  • Design and construct explosion-proof equipment for gas atmospheresManufacturer
s.sch001 Explosive atmospheres caused by gases, vapours or mists Regulated
  • Design and construct equipment to prevent ignition in explosive atmospheresManufacturer
s.sch002 A conformity assessment body shall have— (a) personnel with technical... Regulated
  • Have qualified personnel and documented procedures for conformity assessmentConformity Assessment Body
s.sch002 A conformity assessment body shall have the means necessary to... Regulated
  • Ensure your conformity assessment body has necessary resources and equipmentConformity Assessment Body
s.sch002 A conformity assessment body shall be able to demonstrate the... Regulated
  • Conformity assessment body must prove impartiality of management and staffConformity Assessment Body
s.sch002 A conformity assessment body shall have, and shall satisfy the... Regulated
  • Maintain adequate civil liability insurance for conformity assessment activitiesConformity Assessment Body
s.sch002 A conformity assessment body shall ensure that its personnel observe... Regulated
  • Ensure personnel keep information confidential and protect proprietary rightsConformity Assessment Body
s.sch002 A conformity assessment body shall participate in, or ensure that... Regulated
  • Keep informed of standardisation activities and apply coordination group guidanceConformity Assessment Body
s.sch002 (1) A conformity assessment body, its top level management and... Regulated
  • Conformity assessment bodies must stay independent — cannot design, make or sell the products they assessConformity Assessment Body
s.sch002 A conformity assessment body, its top level management and the... Regulated
  • Stay independent — do not design, make, sell or maintain products you assessConformity Assessment Body
s.sch002 A conformity assessment body, its top level management and the... Regulated
  • Avoid conflicts of interest in conformity assessment activitiesConformity Assessment Body
s.sch002 A conformity assessment body shall ensure that the activities of... Regulated
  • Ensure subsidiaries and subcontractors maintain confidentiality, objectivity and impartialityConformity Assessment Body
s.sch002 A conformity assessment body and its personnel shall carry out... Regulated
  • Conformity assessment bodies must act with integrity and technical competenceConformity Assessment Body
s.sch002 A conformity assessment body shall be capable of carrying out... Regulated
  • Be able to carry out all notified conformity assessment activitiesConformity Assessment Body
s.sch003 A notified body shall carry out conformity assessments in accordance... Regulated
  • Notified bodies must follow correct conformity assessment proceduresConformity Assessment Body
s.sch003 A notified body shall inform the Executive of— Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must report certificate actions and scope changes to the ExecutiveStatutory regulator
s.sch003 A notified body shall make provision in its contracts with... Regulated
  • Notified bodies must include appeal rights in client contractsConformity Assessment Body
s.sch003 A notified body shall provide other bodies notified under the... Regulated
  • Share conformity assessment results with other notified bodiesConformity Assessment Body
s.sch003 A notified body shall participate in the work of any... Regulated
  • Participate in the ATEX notified body coordination groupConformity Assessment Body
s.sch003 A notified body shall— (a) acknowledge receipt of the technical... Regulated
Other duties (1) — Crown / regulator
  • Notified body must acknowledge receipt of technical documentation and retain itStatutory regulator
s.sch003 A notified body shall carry out conformity assessments in a... Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must assess proportionately and avoid unnecessary burdensStatutory regulator
s.sch003 A notified body shall perform its activities taking due account... Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must tailor assessments to your business sizeStatutory regulator
s.sch003 A notified body shall respect the degree of rigour and... Regulated
Other duties (1) — Crown / regulator
  • Notified body must apply appropriate rigour and protection level in conformity assessmentsStatutory regulator
s.sch003 Where, in the course of the monitoring of conformity following... Regulated
Other duties (1) — Crown / regulator
  • Notified body must enforce corrective measures and suspend or withdraw certificates for non‑conforming productsStatutory regulator
s.sch003 Where the notified body has required a manufacturer to take... Regulated
Other duties (1) — Crown / regulator
  • Notified body must restrict, suspend or withdraw certificates when corrective measures failStatutory regulator
s.sch003 Where this paragraph applies, the notified body shall— Regulated
Other duties (1) — Crown / regulator
  • Notified body must give notice and right of reply before refusing, suspending or withdrawing a certificate or approvalStatutory regulator
60 other schedules
s.sch001 Preliminary observations
s.sch001 Dust deposits
s.sch001 Additional means of protection
s.sch001 Safe opening
s.sch001 Protection against other hazards
s.sch001 Overloading of equipment
s.sch001 Flameproof enclosure systems
s.sch001 Hazards arising from different ignition sources
s.sch001 Hazards arising from static electricity
s.sch001 Hazards arising from stray electric and leakage currents
s.sch001 Hazards arising from overheating
s.sch001 Hazards arising from pressure compensation operations
s.sch001 Hazards arising from external effects
s.sch001 Requirements in respect of safety-related devices
s.sch001 Control and display units
s.sch001 Requirements in respect of devices with a measuring function for explosion protection
s.sch001 Risks arising from software
s.sch001 Integration of safety requirements relating to the system
s.sch001 Hazards arising from power failure
s.sch001 Hazards arising from connections
s.sch001 Placing of warning devices as parts of equipment
s.sch001 Special checking and maintenance conditions
s.sch001 Explosive atmospheres caused by air and dust mixtures
s.sch001 Explosive atmospheres caused by air and dust mixtures
s.sch001 Explosive atmospheres caused by gases, vapours or mists
s.sch001 Explosive atmospheres caused by air and dust mixtures
s.sch001 General requirements
s.sch001 Characteristics of materials
s.sch001 Surrounding area conditions
s.sch001 Pressure-relief systems
s.sch001 Explosion suppression systems
s.sch001 Explosion decoupling systems
s.sch001 Protective systems shall be capable of being integrated into a...
s.sch001 Marking
s.sch001 Instructions
s.sch001 Selection of materials
s.sch001 Design and construction
s.sch001 Enclosed structures and prevention of leaks
s.sch002 A conformity assessment body shall be established in the United...
s.sch002 The personnel responsible for carrying out conformity assessment activities shall...
s.sch002 The remuneration of the top level management and the personnel...
s.sch002 Paragraph 16 does not prevent the personnel from providing information...
s.sch002 A conformity assessment body shall be a third party body...
s.sch002 A body belonging to a business association or professional federation...
s.sch003 Where a notified body finds that essential health and safety...
s.sch003 Paragraph 9 applies where a notified body is minded to—...
s.sch004 Enforcement powers under the 1978 Order
s.sch004 Modifications to the 1978 Order
s.sch005 Compliance notice
s.sch005 Withdrawal notice
s.sch005 Recall notice
s.sch005 Interpretation
s.sch006 Product model/product (product, type, batch or serial number):
s.sch006 Name and address of manufacturer and, where applicable, the authorised...
s.sch006 This declaration of conformity is issued under the sole responsibility...
s.sch006 Object of the declaration (identification of product allowing traceability; it...
s.sch006 The object of the declaration described above is in conformity...
s.sch006 References to the relevant harmonised standards used or references to...
s.sch006 Where applicable, the notified body (name, number) performed (description of...
s.sch006 Additional information: Signed for and on behalf of: (place and...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.