UK Statutory Instrument SI 2008 United Kingdom

Supply of Machinery (Safety) Regulations 2008

These Regulations implement Directive 2006/42/EC of the European Parliament and of the Council (O.J. No. L 157, 9.6.2006, p.24) on machinery, and amending Directive 95/16/EC (“the Machinery Directive”). The Machinery Directive revokes and replaces Directive 98/37/EC of the European Parliament and of the Council on the approximation of the laws …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
HSE, OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 4 of 37 obligations carry up to 2 years imprisonment. 2 carry different penalties and 31 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8 Responsible Person6 Manufacturer2

Plus 21 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.

Any Person — also bound by 2340 other Acts
Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003 30 duties
Manufacturer — also bound by 502 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.

Part 1

Preliminary

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.001 Citation, commencement and revocation
s.002 Interpretation (opens in a new tab)
s.003 Placing on the market and putting into service; supplies outside Great Britain and showing at trade fairs not covered (opens in a new tab)
s.designated standard Designated standard
Part 2

Application

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.004 Products to which Regulations apply; definition of “machinery” (opens in a new tab)
s.005 Disapplication where more specific ... safety rules apply
s.006 Partly completed machinery (opens in a new tab)
Part 3

General prohibitions and obligations

5 of 9 sections shown
s.007 Supply of machinery: general obligations and prohibition (opens in a new tab) Regulated
  • Ensure machinery is safe and compliant before sale or useResponsible Person
s.008 Supply of partly completed machinery: general obligations and prohibition (opens in a new tab) Regulated
  • Compile technical files and instructions for partly completed machineryResponsible Person
s.010 Machinery not referred to in Annex IV (opens in a new tab) Regulated
  • Perform internal safety checks for standard machineryResponsible Person
s.011 Annex IV machinery manufactured fully in accordance with designated standards and fully covered by such standards (opens in a new tab) Regulated
  • Select a conformity assessment procedure for Annex IV machineryResponsible Person
s.012 Annex IV machinery not manufactured fully in accordance with designated standards or not fully covered by such standards (opens in a new tab) Imprisonment
  • Use specific safety certification for high-risk machineryResponsible Person
4 other sections in this Part — procedural and definitional
s.009 Putting machinery into service (opens in a new tab)
s.further use of uk marking Further use of UK marking
s.obligations which are met by complying with obliga Obligations which are met by complying with obligations in the Directive
s.qualifying northern ireland goods Qualifying Northern Ireland Goods
Part 4

UK Marking

2 of 3 sections shown
s.013 UK -marked machinery to be taken to comply with Regulations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators and courts must presume UK-marked machinery is safeStatutory regulator
s.015 Protection of UK marking (opens in a new tab) Regulated
  • Use and protect the UK marking correctly on machineryAny Person
1 other section in this Part — procedural and definitional
s.014 Machinery covered by more than one enactment (opens in a new tab)
Part 5

Approved Bodies

3 of 8 sections shown
s.016 Monitoring Regulated
Other duties (1) — Crown / regulator
  • Government must monitor and inspect approved bodiesCrown / Minister / Government department
s.018 Functions of approved bodies (opens in a new tab) Regulated
  • Approved bodies must follow strict procedures for certifying machineryAny Person
s.019 Register of approved bodies Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a public register of approved bodiesCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
s.016 Designation and monitoring of UK notified bodies (opens in a new tab)
s.017 Duration, variation and termination of designations (opens in a new tab)
s.019 Fees (opens in a new tab)
s.approved bodies Approved bodies
s.approved body designation Approved body designation
Part 6

Enforcement

3 of 5 sections shown
s.020 General duties and powers of enforcement authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HSE and OPSS must exercise enforcement powers over machinery safetyStatutory regulator
s.022 Offences and penalties (opens in a new tab) Imprisonment
  • Fail to meet machinery safety requirementsAny Person
s.024 Liability of persons other than the principal offender (opens in a new tab) Imprisonment
  • Be held liable for another's machinery safety offenceAny Person
2 other sections in this Part — procedural and definitional
s.021 Non-compliance with UK marking requirements (opens in a new tab)
s.023 Defence of due diligence (opens in a new tab)
Part 7

Miscellaneous

1 of 7 sections shown
s.029 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review Machinery Safety Regulations every five yearsCrown / Minister / Government department
6 other sections in this Part — procedural and definitional
s.025 Amendment of the Lifts Regulations 1997 (opens in a new tab)
s.026 Other amendments (opens in a new tab)
s.027 Consequential disapplication of domestic health and safety law (opens in a new tab)
s.028 Time-limited derogation for impact machinery (opens in a new tab)
s.030 Transitional provisions in relation to EU Exit (opens in a new tab)
s.031 Miscellaneous (opens in a new tab)
Schedules

Schedules

23 of 63 shown
s.005 ENFORCEMENT (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators and local authorities must enforce machinery safety rulesStatutory regulator
s.sch004 In determining an appeal, the Appeal Officer must— Regulated
Other duties (1) — Crown / regulator
  • Appeal Officer must decide appeals by dismissing, allowing or remittingTribunal / Court
s.sch004 Where a decision is remitted the respondent must reconsider it... Regulated
Other duties (1) — Crown / regulator
  • Respondent must reconsider remitted decisions per Appeal Officer's rulingsStatutory regulator
s.sch004 The Appeal Officer must give the appellant and the respondent... Regulated
Other duties (1) — Crown / regulator
  • Appeal Officer must give reasons for any appeal decisionTribunal / Court
s.sch004 No person shall be appointed as an Appeal Officer unless... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure Appeal Officers are competent and independentCrown / Minister / Government department
s.sch004 On receiving the notice of appeal, the Secretary of State... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must process appeal notices upon receiptCrown / Minister / Government department
s.sch004 The Appeal Officer must send a copy of the written... Regulated
Other duties (1) — Crown / regulator
  • Appeal Officer must send appellant a copy of the written responseStatutory regulator
s.sch005 Except as specified in paragraphs 3 and 3A, it shall... Regulated
Other duties (1) — Crown / regulator
  • HSE must make adequate enforcement arrangements for machinery safety regulationsStatutory regulator
s.sch005 For the purposes of the enforcement of these Regulations by... Prosecution
  • Serious machinery safety offences (including supply and enforcement)Any Person

Unlimited fine

s.sch005 In relation to proceedings for an offence in relation to... Regulated
  • Supply machinery not for work without proper enforcement safeguardsAny Person
s.sch005 (1) An enforcement authority in England and Wales or Northern... Regulated
Other duties (1) — Crown / regulator
  • Court must order forfeiture of non‑compliant machinery on applicationTribunal / Court
s.sch005 (1) In Scotland a sheriff may make an order for... Regulated
Other duties (1) — Crown / regulator
  • Court may forfeit non-compliant machinery in ScotlandTribunal / Court
s.sch005 Any enforcement authority (other than the Secretary of State) which... Regulated
Other duties (1) — Crown / regulator
  • Notify Secretary of State when restricting machinery with UK/CE markingStatutory regulator
s.sch005 Except as specified in paragraphs 3 and 3A, it shall... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must enforce safety rules for machinery not used at workLocal authority
s.sch005 It shall be the duty of the Office of Rail... Regulated
Other duties (1) — Crown / regulator
  • Office of Rail and Road must arrange enforcement of machinery safety on railwaysStatutory regulator
s.sch005 It shall be the duty of the Office for Nuclear... Regulated
Other duties (1) — Crown / regulator
  • ONR must enforce machinery safety regulations on nuclear sitesStatutory regulator
s.sch005 It shall be the duty of the Health and Safety... Regulated
Other duties (1) — Crown / regulator
  • HSENI must enforce the Supply of Machinery Regulations in Northern IrelandStatutory regulator
s.sch005 It shall be the duty of every district council in... Regulated
Other duties (1) — Crown / regulator
  • District councils in NI must enforce machinery safety rulesLocal authority
s.sch005 For the purposes of the enforcement of these Regulations by... Imprisonment
  • Supply non-compliant machinery or commit related offencesAny Person
s.schedule/2/part/3/paragraph/wrapper2n2 If the CE marking is reduced or enlarged the proportions... Regulated
  • Keep the CE mark in the correct proportions when you scale itAny Person
s.schedule/2/part/3/paragraph/wrapper4n2 The CE marking must be affixed in the immediate vicinity... Regulated
  • Affix CE marking next to the responsible person's name using same techniqueResponsible Person
s.schedule/2/part/3/paragraph/wrapper5n2 Where the full quality assurance procedure prescribed in Annex X... Regulated
  • Add notified body ID number after CE marking when using Annex XManufacturer
s.schedule/2/part/6/paragraph/wrapper7n2 The assembly instructions must be written in an official Community... Regulated
  • Provide assembly instructions in English or a language the integrator acceptsManufacturer
40 other schedules
s.001 REGULATIONS REVOKED (opens in a new tab)
s.sch003 These Regulations do not apply to— (a) safety components which...
s.sch003 The following products are subject to these Regulations—
s.sch004 Where a manufacturer or authorised representative (“the appellant”) is aggrieved...
s.sch004 The Appeal Officer may— (a) make enquiries of any person;...
s.sch004 The Appeal Officer may specify the time and place at...
s.sch004 The Appeal Officer may dismiss an appeal at any stage...
s.sch004 If satisfied that the appeal was not brought within the...
s.sch004 The Appeal Officer may dismiss an appeal at any stage...
s.sch004 Any appeal made under paragraph 1 (“an appeal”) shall be—...
s.sch004 An appeal must be made by giving a notice of...
s.sch004 The notice of appeal must— (a) state the name and...
s.sch004 The respondent may make a written response to the notice...
s.sch004 The Appeal Officer may— (a) give the appellant and the...
s.sch005 In relation to the enforcement of these Regulations by local...
s.sch005 For the purposes of the enforcement of these Regulations by...
s.sch005 (1) Nothing in these Regulations prevents an enforcement authority from...
s.sch005 Nothing in these Regulations shall authorise an enforcement authority to...
s.sch005 The Secretary of State may enforce these Regulations in relation...
s.sch005 In relation to the enforcement of these Regulations by the...
s.sch005 In relation to the enforcement of these Regulations by the...
s.sch006 In this Schedule, any reference to a regulation or Schedule...
s.sch006 For regulation 2(1)(b) there shall be substituted the following—
s.sch006 In regulation 2(1)(c)(ii), for “Directive 98/37/EC” there shall be substituted...
s.sch006 Before the definition of “CE marking” in regulation 2(2), there...
s.sch006 The following shall be substituted for the definition of “lift”...
s.sch006 In Schedule 1— (a) for each of the references to...
s.sch006 For the lifts specified in Schedule 14 (Excluded lifts) there...
s.sch007 The Provision and Use of Work Equipment Regulations 1998
s.sch007 The Lifting Operations and Lifting Equipment Regulations 1998
s.sch007 The Pressure Equipment Regulations 1999
s.sch007 The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
s.sch007 The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
s.sch007 The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
s.sch007 The Legislative and Regulatory Reform (Regulatory Functions) Order 2007
s.schedule/2/part/10/paragraph/wrapper9n2 This Annex describes the conformity assessment of machinery referred to...
s.schedule/2/part/3/paragraph/wrapper1n2 The CE conformity marking shall consist of the initials “CE”...
s.schedule/2/part/3/paragraph/wrapper3n2 The various components of the CE marking must have substantially...
s.schedule/2/part/6/paragraph/wrapper6n2 The assembly instructions for partly completed machinery must contain a...
s.schedule/2/part/9/paragraph/wrapper8n2 EC type- Type- examination is the procedure whereby a notified...
2 other provisions
s.para.45 The UK marking must be affixed in the immediate vicinity...
s.para.46 Where the full quality assurance procedure prescribed in Annex X...

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Machinery and equipment manufacturer: compliance checklist Place machinery and equipment on the market UKCA Product Marking

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