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What this means for your business

32 obligations

14 penalties

14 can imprison

2 guides

Enforced by: OPSS
Applies to: United Kingdom
On this page: 32 compliance obligations, 2 practical guides

Read full text on legislation.gov.uk

What you must do

32 compliance obligations under this legislation — 14 can result in imprisonment.

Appointments 1

If you manufacture electrical equipment you can choose a person based in the UK to act on your behalf. You must have a written mandate that lets them handle the technical file, EU declaration of conformity and provide information/co‑operation, but you cannot delegate design and safety obligations. Even when you appoint someone, you remain responsible for those duties.

Manufacturer/Importer s.14 OPSS

Risk assessment 1

If you manufacture electrical equipment you must produce a full technical file and carry out (or have carried out) the required conformity assessment before you can put the product on the market. This means gathering design drawings, test results and risk assessments and showing the equipment meets the safety standards set out in Schedule 2.

Manufacturer/Importer s.5 OPSS When you intend to place electrical equipment on the market

Equipment and safety 5

If you make electrical equipment that falls within the voltage limits covered by the Regulations, you must design and build it so it is safe to use, can be assembled correctly and is protected against electrical and non‑electrical hazards. You also have to mark the equipment (or provide the information on accompanying documents) with its essential safety characteristics.

Manufacturer/Importer Schedule 1 OPSS When producing electrical equipment within the voltage limits set out in the …

If you place any electrical product intended for home use on the UK market, you must make sure it can be safely plugged into a BS 1363 socket. For plug‑in devices without a lead, the device must be compatible with a BS 1363 socket. For equipment with a flexible lead, the plug must either be a standard UK plug or a non‑UK plug fitted with a compatible conversion plug and a BS 1362 fuse that matches the manufacturer’s rating.

Manufacturer/Importer s.35 OPSS When you supply domestic electrical equipment for use in the UK

If an enforcement authority tells you that one of your electrical products does not meet the safety rules and poses a risk, you must quickly either correct the problem, stop selling the product, or organise a recall – all within the time limit they set. If you do not act, the authority can ban the product and force a recall, and you could be prosecuted.

Manufacturer/Importer s.45 OPSS Authority finds your electrical equipment is not in conformity with Part 2 …

When you place electrical equipment on the market or put it into service, you must produce a written declaration stating that the product meets the safety objectives. The declaration must follow the exact format set out in Schedule 8 and include the information required in Schedule 2 for Module A internal production control.

Manufacturer/Importer s.38 OPSS when you place electrical equipment on the market or put it into …

If you manufacture electrical equipment and discover (or have reason to suspect) that it does not meet the safety requirements, you must act straight away – either fix it, pull it from the market or recall it. If the product poses a safety risk you also have to tell the market‑surveillance authority right away and explain what’s wrong and what you’re doing about it.

Manufacturer/Importer s.12 OPSS When you consider or have reason to believe the equipment you placed …

Management duties 17

If you supply electrical equipment and you think it does not meet the safety requirements, you must either fix it, stop selling it, or recall it. If the product could be dangerous, you must tell the market surveillance authority right away and explain what is wrong and what you have done about it.

Trader/Business s.29 OPSS When you, as a distributor, consider or have reason to believe electrical …

If you import electrical equipment, you must stop it from being sold if you think it does not meet the basic safety requirements. If the equipment could cause a safety risk, you also have to tell the manufacturer and the market‑surveillance authority about that risk.

Trader/Business s.17 OPSS When you consider or have reason to believe the equipment is not …

If you distribute electrical products, you must stop selling any item you believe does not meet the required safety standards until it is brought into compliance. If the product could pose a safety risk, you also have to inform the manufacturer or importer and the market‑surveillance authority without delay.

Trader/Business s.27 OPSS When you consider or have reason to believe the equipment is not …

If you manufacture or import electrical equipment for the UK market, you must control its design and production so it meets safety requirements, keep a full technical file, monitor manufacturing against that file, affix the UKCA (UK) mark to each compliant item, and retain a written declaration of conformity for ten years.

Manufacturer/Importer Schedule 2 OPSS When you place electrical equipment on the UK market (manufacture or import)

When you put electrical equipment on the market as a distributor, you must take reasonable steps to make sure it meets the safety requirements set out in Part 2 of the Electrical Equipment (Safety) Regulations 2016. In practice this means checking that the product is correctly tested, marked and documented before it is sold or supplied.

Trader/Business s.25 OPSS Whenever you make electrical equipment available on the market as a distributor

If you import electrical equipment, you must check that it has passed the required conformity assessment, that the manufacturer has produced the technical file, that the product carries the UKCA mark, and that it meets the labelling rules. You cannot put the equipment on the market until all four steps are complete.

Trader/Business s.16 OPSS

If you import electrical equipment, you must make sure that the way you store and move it does not damage its safety features. This means using suitable packaging, handling, and environmental controls so the equipment remains compliant with safety standards.

Employer s.20 OPSS When you are the importer responsible for the electrical equipment

If you manufacture electrical items in series, you must have documented procedures that guarantee every product meets the safety requirements of Part 2. Those procedures must be reviewed and updated whenever the product design changes or the relevant safety standard is revised.

Manufacturer/Importer s.10 OPSS When manufacturing electrical equipment by series production

When you store or transport electrical equipment you must keep it in conditions that do not damage its safety. If the way you handle the goods could cause them to no longer meet the required safety standards, you need to adjust the storage or transport arrangements.

Trader/Business s.28 OPSS while the equipment is under your responsibility (i.e., during storage or transport)

If you make electrical equipment for the UK market, you must regularly test samples, investigate any consumer complaints, and keep a detailed register of complaints, non‑conforming products and recalls. You also need to inform your distributors about any monitoring you carry out. All entries in the register must be kept for at least 10 years.

Manufacturer/Importer s.11 OPSS When you place electrical equipment on the market (i.e., you are a …

If you import electrical equipment, you must regularly test samples, investigate any safety complaints, keep a register of complaints, non‑conforming items and recalls, and tell your distributors about any monitoring you do. All entries in the register must be kept for at least ten years.

Trader/Business s.22 OPSS

If you import electrical equipment, you must check that it meets the safety requirements set out in Part 2 of the Regulations before you sell or otherwise make it available in the UK. You cannot put any non‑conforming product on the market.

Trader/Business s.15 OPSS when you import electrical equipment and intend to place it on the …

If you sell electrical equipment, you must include user instructions and safety information that are easy to read and written in plain English. This means preparing a manual, label or safety sheet that anyone can understand before the product reaches the market.

Manufacturer/Importer s.9 OPSS When placing electrical equipment on the market

If a regulator tells you that an electrical product you sell meets the safety standards but still poses a danger, you must act. You have to either fix the product so it no longer risks safety, withdraw it from the market, or organise a recall – all within the time‑frame set by the authority. You also need to keep records of what you did and may have to notify the Secretary of State.

Trader/Business s.47 OPSS An enforcing authority determines, after a regulation 44 evaluation, that your electrical …

If you import electrical items and you realise—or have reason to think—they don’t meet safety requirements, you must quickly fix the problem, withdraw them from sale, or recall them. If the equipment could cause a risk, you also have to tell the market‑surveillance authority right away, giving details of the issue and what you’ve done.

Trader/Business s.23 OPSS When you become aware that imported electrical equipment may not comply with …

You must only put the UK conformity mark on electrical equipment if you are the manufacturer and you have shown the product meets the safety requirements. You cannot use any other symbol to claim conformity, nor any marking that could mislead people about the UK mark, and you must not add extra markings that hide the UK mark.

Any Person s.34 OPSS

Before you put any electrical product on the market, you must check it carries the UK conformity mark, comes with all required paperwork and clear English instructions, and that the manufacturer and importer have met their own labelling and identification duties. In short, you can’t sell anything unless you’re sure it meets the safety regulations.

Trader/Business s.26 OPSS when you are about to make electrical equipment available on the market

Other requirements 3

If you import electrical products to sell in the UK, you must supply each item with user instructions and safety information that are easy to read, legible and written in plain English. This means checking the wording and layout before the product is put on the market and keeping a record that the correct documents were supplied.

Trader/Business s.19 OPSS when you place electrical equipment on the market

Before you sell or supply electrical equipment, you must make sure the EU declaration of conformity is written in, or translated into, the language that the market you’re targeting requires – English for Northern Ireland. This means you need a correctly translated document ready before the product is placed on the market.

Manufacturer/Importer s.32 OPSS Before placing electrical equipment on the market

If an EU state flags your electrical equipment as non‑conforming and the European Commission deems the action justified, you may be required to stop selling that product in Northern Ireland. The market surveillance authority will instruct you to remove it, and you must comply by getting the equipment off the market and keeping evidence of the removal.

Trader/Business s.46 OPSS When a measure taken by another EU state for your electrical equipment …

Offences and prohibitions 2

If you place electrical equipment on the market that breaches the Electrical Equipment (Safety) Regulations 2016 – for example because it presents a risk or you do not meet the required safety standards – you commit a criminal offence. On conviction you can be sentenced to up to two years in prison and face an unlimited fine (or, on summary conviction, up to three months’ imprisonment and a fine).

Any Person Schedule 4 OPSS

If you place electrical equipment on the market, import, sell or supply it without meeting the safety requirements set out in the Electrical Equipment (Safety) Regulations (specifically the duties in regulations 4‑12, 13(4), 15‑23, 24(4), 25‑29, 30(3) and 33‑35), or you ignore a withdrawal or recall notice issued by the authorities, you commit a criminal offence. Conviction can lead to a fine (normally unlimited) and, depending on the seriousness, possibly a short term of imprisonment. Enforcement is carried out by the Office for Product Safety and Standards (OPSS) and Trading Standards.

Any Person s.50 OPSS

Record keeping 2

When you import electrical equipment into the UK, you must keep a copy of its EU declaration of conformity and all related technical documentation for ten years from the day it is first sold. If an inspector asks, you must be able to show these documents.

Trader/Business s.21 OPSS When you place imported electrical equipment on the market

If you manufacture electrical equipment, you must retain the technical file and the EU declaration of conformity for ten years from the day the product is first placed on the market. You must be ready to show these documents to the market‑surveillance authority if they request them.

Manufacturer/Importer s.7 OPSS When you place electrical equipment on the market

Reporting and filing 1

If a market surveillance authority asks you for information about electrical equipment you have dealt with, you must tell them the names of any other businesses that supplied you with that equipment and any businesses you have supplied it to. This must be done within the time‑frame the authority sets, and only for transactions that occurred in the last 10 years.

Trader/Business s.33 OPSS You receive a request from the market surveillance authority and the transaction …