Supply of Machinery (Safety) Regulations 2008
What this means for your business
- Enforced by
- OPSS
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations, 2 practical guides
What you must do
11 compliance obligations under this legislation — 3 can result in imprisonment.
Risk assessment 3
Carry out a conformity assessment for non‑standard Annex IV machinery
2 years imprisonmentIf you put on the market or supply machinery that is listed in Annex IV but isn’t fully built to the relevant EU/UK design standards, you must assess its conformity. You must either do a type‑examination plus internal manufacture checks, or run a full quality‑assurance procedure, before the equipment can be sold or used.
Carry out an approved conformity assessment for Annex IV machinery
If you manufacture machinery that falls under Annex IV and you build it to the relevant designated standards, you must use an approved conformity‑assessment method – either internal checks, a type‑examination plus internal checks, or a full quality‑assurance system – to prove it meets every essential health and safety requirement.
Carry out internal conformity assessment for non‑Annex IV machinery
If the machinery you make or supply is not covered by Annex IV, you must run your own conformity‑assessment checks on its manufacture as set out in Annex VIII before you can put it on the market. This means checking design, testing and documentation yourself to show the machine meets the safety rules.
Management duties 2
Ensure supplied machinery is safe and meets UK safety requirements
Before you sell or start using any machine, you must make sure it is safe. This means checking that it meets the essential health and safety requirements, carrying out the necessary tests, keeping a technical file, providing user instructions, completing a declaration of conformity, and attaching the UKCA mark. You must keep the required records and information available for inspection.
Provide documentation and testing for partly completed machinery
If your business supplies machinery that is not yet fully assembled, you must prepare the technical file, assembly instructions and a declaration of incorporation, keep a copy with the machine until it is built into a final product, and carry out any necessary research and testing to prove it can be safely assembled and used.
Other requirements 2
Only affix UK marking to compliant machinery and avoid misleading marks
You must not put the UK safety mark on any machine that does not meet the safety regulations, and you must not add any other signs or labels that could confuse people about what the UK mark means. If you add other markings, they must not obscure or make the UK mark hard to read.
Submit English‑language documents and required fee when applying for certification
If you are applying for a type‑exam certificate or a quality‑system approval for your machinery, you must submit all the required documents in an accepted language (normally English) and pay the filing fee as part of that application. Failure to provide the documents or fee can make the approval body refuse to carry out its functions or reject your application. This is a practical, day‑to‑day requirement for any business seeking machinery certification.
Offences and prohibitions 2
Be held liable for another's machinery safety offence
2 years imprisonmentIf a breach of the Supply of Machinery (Safety) Regulations occurs because of something you did or failed to do in your business, you can be prosecuted even if you were not the original offender. The same applies to directors, managers, secretaries or partners who consent to, connive in, or are negligent about the breach. Conviction carries the same penalties as the primary offence (fine and/or imprisonment).
Fail to meet machinery safety requirements
2 years imprisonmentIf your business supplies machinery and does not follow the safety requirements set out in the Supply of Machinery (Safety) Regulations (specifically regulations 7, 8, 10, 11, 12, 15 or a notice under regulation 21(3)), you commit a criminal offence. On conviction you can be fined – with no upper limit – and, for the most serious breaches, face up to two years' imprisonment. The case can be heard either in the Magistrates' Court or the Crown Court.
Record keeping 1
Provide UK marking, declaration of conformity and technical file
When you put machinery on the UK market, you must label it with the UK marking (or include the marking in the paperwork) and supply a declaration of conformity that follows the required format. You also have to give the enforcement authority access to the technical file (or a copy) if they ask for it in writing.
Reporting and filing 1
Provide information to the Secretary of State when asked
If your company is an approved body under the Machinery Regulations, you must give the Secretary of State any information they request to show you meet the approved‑body criteria and comply with the regulations. This means keeping the relevant records ready and responding promptly to any enquiries.
Penalties for non-compliance
3 penalties under this legislation. 3 can result in imprisonment. 3 carry an unlimited fine.
Carry out a conformity assessment for non‑standard Annex IV machinery
Unlimited fine and/or 2 years imprisonment
Be held liable for another's machinery safety offence
Unlimited fine and/or 2 years imprisonment
Fail to meet machinery safety requirements
Unlimited fine and/or 2 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
UKCA Product Marking
Understand UKCA marking requirements for products sold in Great Britain.
Sector-specific product safety regulations
Quick reference for the main sector-specific product safety regulations in Great Britain. Covers toys, electrical equipment, cosmetics, furniture, personal protective …
Sections and provisions
39 classified provisions from this legislation.
Duties 13
- Schedule 5 ENFORCEMENT Health and Safety Executive
- s.7 Supply of machinery: general obligations and prohibition responsible person
- s.8 Supply of partly completed machinery: general obligations and prohibition the responsible person
- s.10 Machinery not referred to in Annex IV
- s.11 Annex IV machinery manufactured fully in accordance with designated standards and fully covered by such standards
- s.12 Annex IV machinery not manufactured fully in accordance with designated standards or not fully covered by such standards
- s.13 UK -marked machinery to be taken to comply with Regulations
- s.15 Protection of UK marking other person as
- s.18 Functions of approved bodies An approved body
- s.20 General duties and powers of enforcement authorities
- s.29 Review
- Monitoring Monitoring An approved body
- Register of approved bodies Register of approved bodies
Offences and penalties 2
Powers 4
Definitions 6
- s.2 Interpretation
- s.3 Placing on the market and putting into service; supplies outside Great Britain and showing at trade fairs not covered
- s.4 Products to which Regulations apply; definition of “machinery”
- s.21 Non-compliance with UK marking requirements
- Approved bodies Approved bodies
- Qualifying Northern Ireland Goods Qualifying Northern Ireland Goods
Exemptions 6
- s.6 Partly completed machinery
- s.23 Defence of due diligence
- s.28 Time-limited derogation for impact machinery
- s.31 Miscellaneous
- Further use of UK marking Further use of UK marking
- Obligations which are met by complying with obliga Obligations which are met by complying with obligations in the Directive