UK Statutory Instrument SI 2016 United Kingdom

Electrical Equipment (Safety) Regulations 2016

These Regulations transpose Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) (OJ No L 96, 29.3.2014, …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
OPSS, Trading Standards
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 13 of 52 obligations carry up to 2 years imprisonment. 39 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer29 Distributor6 Operator5 Any Person3

Plus 9 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 551 other Acts
Distributor — also bound by 201 other Acts
Operator — also bound by 803 other Acts
Any Person — also bound by 2684 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 and commencement
s.002 Interpretation
s.003 Electrical equipment to which these Regulations apply (opens in a new tab)
s.designated standard Designated standard
Part 2

Obligations of economic operators

31 of 35 sections shown
s.004 Design and manufacture in accordance with safety objectives Regulated
  • Ensure electrical equipment meets safety objectives before market placementManufacturer
s.005 Technical documentation and conformity assessment (opens in a new tab) Regulated
  • Create technical documentation and assess electrical equipment safetyManufacturer
s.006 Declaration of conformity and UK marking Regulated
  • Draw up a declaration of conformity and affix UK marking before placing electrical equipment on the marketManufacturer
s.007 Retention of technical documentation and EU declaration of conformity (opens in a new tab) Regulated
  • Keep technical and conformity records for 10 yearsManufacturer
s.008 Labelling of electrical equipment Regulated
  • Label electrical equipment with identification and manufacturer contact detailsManufacturer
s.009 Instructions and safety information (opens in a new tab) Imprisonment
  • Provide clear English instructions and safety info with electrical equipmentManufacturer
s.010 Compliance procedures for series production (opens in a new tab) Regulated
  • Maintain compliance procedures for mass-produced electrical equipmentManufacturer
s.011 Monitoring (opens in a new tab) Imprisonment
  • Monitor the safety of electrical equipment on the marketManufacturer
s.012 Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity (opens in a new tab) Regulated
  • Fix, withdraw, or recall unsafe electrical equipmentManufacturer
s.013 Provision of information and cooperation (opens in a new tab) Regulated
  • Provide information and cooperate with enforcing authoritiesManufacturer
s.014 Manufacturer's authorised representatives (opens in a new tab) Imprisonment
  • Formally appoint a UK authorised representativeManufacturer
s.015 Prohibition on placing on the market electrical equipment which is not in conformity (opens in a new tab) Imprisonment
  • Do not import non-compliant electrical equipmentManufacturer
s.016 Requirements which must be satisfied before an importer places electrical equipment on the market (opens in a new tab) Regulated
  • Verify manufacturer compliance before importing electrical equipmentManufacturer
s.017 Prohibition on placing on the market electrical equipment considered not to be in conformity with the safety objectives (opens in a new tab) Regulated
  • Do not sell electrical equipment that is unsafe or non-compliantManufacturer
s.018 Information identifying importer (opens in a new tab) Regulated
  • Mark your business name and address on imported electrical equipmentManufacturer
s.019 Instructions and safety information (opens in a new tab) Imprisonment
  • Provide clear English instructions and safety info with electrical equipmentManufacturer
s.020 Storage and transport of electrical equipment (opens in a new tab) Imprisonment
  • Protect electrical equipment during storage and transportManufacturer
s.021 Retention of technical documentation and EU declaration of conformity (opens in a new tab) Regulated
  • Keep technical and conformity records for 10 yearsManufacturer
s.022 Monitoring (opens in a new tab) Regulated
  • Monitor the safety of electrical equipment you importManufacturer
s.023 Duty to take action in respect of electrical equipment placed on the market which is considered not to be in conformity (opens in a new tab) Imprisonment
  • Address unsafe or non-compliant electrical equipment and notify authoritiesManufacturer
s.024 Provision of information and cooperation (opens in a new tab) Regulated
  • Provide conformity documentation and cooperate with enforcement authoritiesManufacturer
s.025 Duty to act with due care (opens in a new tab) Imprisonment
  • Ensure electrical equipment meets safety standards before sellingDistributor
s.026 Requirements which must be satisfied before a distributor makes electrical equipment available on the market (opens in a new tab) Regulated
  • Verify safety markings and documentation before selling electrical equipmentDistributor
s.027 Prohibition on making available on the market where electrical equipment considered not to be in conformity with safety objectives (opens in a new tab) Regulated
  • Stop selling electrical equipment that is unsafe or non-compliantDistributor
s.028 Storage and transport of electrical equipment (opens in a new tab) Regulated
  • Maintain safety during storage and transport of electrical equipmentDistributor
s.029 Duty to take action in respect of electrical equipment made available on the market which is considered not to be in conformity (opens in a new tab) Regulated
  • Fix, withdraw, or recall unsafe electrical equipmentDistributor
s.030 Provision of information and cooperation (opens in a new tab) Regulated
  • Provide information and cooperate with enforcement authorities on electrical equipmentDistributor
s.032 Translation of declaration of conformity (opens in a new tab) Regulated
  • Translate the declaration of conformity for electrical equipmentOperator
s.033 Identification of economic operators (opens in a new tab) Regulated
  • Identify suppliers and customers of electrical equipment upon requestOperator
s.034 Prohibition on improper use of UK marking (opens in a new tab) Regulated
  • Use the UK marking correctly on electrical equipmentOperator
s.035 Safe connection of electrical equipment intended for use in the United Kingdom (opens in a new tab) Regulated
  • Ensure electrical equipment has a compatible UK plug or safe adapterOperator
4 other sections in this Part — procedural and definitional
s.031 Cases in which obligations of manufacturers apply to importers and distributors (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 3

Conformity assessment

1 of 4 sections shown
s.038 Declaration of conformity (opens in a new tab) Regulated
  • Create and maintain a formal Declaration of ConformityManufacturer
3 other sections in this Part — procedural and definitional
s.036 Presumption of conformity on the basis of designated standards (opens in a new tab)
s.037 Conformity with other standards and requirements (opens in a new tab)
s.039 UK marking (opens in a new tab)
Part 4

Market surveillance and enforcement

9 of 21 sections shown
s.041 Enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Trading Standards and the OPSS must enforce electrical safety rulesStatutory regulator
s.043 Exercise of enforcement powers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcing authorities must follow statutory procedures when taking actionStatutory regulator
s.044 Evaluation of electrical equipment presenting a risk (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must evaluate electrical equipment suspected of being a riskStatutory regulator
s.045 Enforcement action in respect of electrical equipment which is not in conformity and which presents a risk (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Regulators must take enforcement action against unsafe electrical equipmentStatutory regulator
s.046 Union safeguard procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must coordinate safety measures with EU authoritiesCrown / Minister / Government department
s.047 Enforcement action in respect of electrical equipment which is in conformity, but presents a risk (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Regulators may require correction, withdrawal, or recall of safe equipmentStatutory regulator
s.049 Restrictive measures (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must follow specific procedures when restricting electrical equipmentStatutory regulator
s.050 Offences (opens in a new tab) Imprisonment
  • Fail to comply with electrical equipment safety requirementsAny Person
s.060 Compensation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcing authorities must pay compensation for wrongful enforcement noticesStatutory regulator
12 other sections in this Part — procedural and definitional
s.040 Designation of market surveillance authority (opens in a new tab)
s.042 Enforcement powers (opens in a new tab)
s.048 Enforcement action in cases of formal non-compliance (opens in a new tab)
s.051 Penalties (opens in a new tab)
s.052 Defence of due diligence (opens in a new tab)
s.053 Liability of persons other than principal offender (opens in a new tab)
s.054 Time limit for prosecution of offences (opens in a new tab)
s.055 Service of documents (opens in a new tab)
s.056 Recovery of expenses of enforcement (opens in a new tab)
s.057 Action by enforcing authority (opens in a new tab)
s.058 Appeals against notices (opens in a new tab)
s.059 Appropriate court for appeals against notices (opens in a new tab)
Part 5

Miscellaneous

1 of 5 sections shown
s.061 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review the Regulations and publish reports every five yearsCrown / Minister / Government department
4 other sections in this Part — procedural and definitional
s.062 Transitional provisions and savings (opens in a new tab)
s.063 Revocations and amendments (opens in a new tab)
s.064 Schedule 7 (consequential amendments) has effect. (opens in a new tab)
s.transitional provision in relation to eu exit Transitional provision in relation to EU Exit
Schedules

Schedules

10 of 41 shown
s.001 Principal elements of the safety objectives for electrical equipment designed for use within certain voltage limits (opens in a new tab) Imprisonment
  • Ensure electrical equipment meets essential safety objectivesManufacturer
s.002 Conformity Assessment Procedure (opens in a new tab) Regulated
  • Create technical files and declarations for electrical equipmentManufacturer
s.004 Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act (opens in a new tab) Imprisonment
  • Fail to comply with Electrical Equipment Safety regulationsAny Person
s.sch001 Protection against hazards arising from the electrical equipment Regulated
  • Ensure electrical equipment protects against hazardsManufacturer
s.sch001 Protection against hazards which may be caused by external influences... Regulated
  • Ensure electrical equipment is safe under mechanical, environmental and overload conditionsManufacturer
s.sch002 Technical documentation Regulated
  • Prepare and keep technical documentation for your electrical equipmentManufacturer
s.sch002 Manufacturing Regulated
  • Ensure your manufacturing process consistently meets safety objectivesManufacturer
s.sch002 UK marking and EU declaration of conformity Regulated
  • Affix UK marking and keep declaration of conformity for 10 yearsManufacturer
s.sch006 Recall notice Regulated
  • Comply with a recall notice for unsafe electrical equipmentOperator
s.sch007 Amendment of the Plugs and Sockets Regulated
  • Do not supply unapproved conversion plugsAny Person
31 other schedules
s.006 Compliance, withdrawal and recall notices (opens in a new tab)
s.008 EU Declaration of Conformity (opens in a new tab)
s.sch001 General conditions (a) The essential characteristics, the recognition and observance...
s.sch002 Module A Internal production control
s.sch002 Authorised representative
s.sch003 Enforcement powers under the 1987 Act
s.sch003 Modifications to the 1987 Act
s.sch004 Enforcement powers under the 1974 Act
s.sch004 Modifications to the 1974 Act
s.sch005 Enforcement powers under the 1978 Order
s.sch005 Modifications to the 1978 Order
s.sch006 Compliance notice
s.sch006 Withdrawal notice
s.sch006 Interpretation
s.sch007 Amendment of the Energy Act 2013 (Office for Nuclear Regulation) Consequential Amendments, Transitional Provisions and Savings) Order 2014
s.sch007 Amendment of the Consumer Rights Act 2015
s.sch007 Amendment of the Provision and Use of Work Equipment Regulations 1998
s.sch007 Amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999
s.sch007 Amendment of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
s.sch007 Amendment of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
s.sch007 Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
s.sch007 Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
s.sch007 Amendment of the Building Regulations 2010
s.sch007 Amendment of the Homelessness (Suitability of Accommodation) (England) Order 2012
s.sch008 Declaration of conformity (No xxxx)
s.sch008 Name and address of manufacturer or his authorised representative:
s.sch008 This declaration of conformity is issued under the sole responsibility...
s.sch008 Object of the declaration (identification of electrical equipment allowing traceability;...
s.sch008 The object of the declaration described above is in conformity...
s.sch008 References to the relevant designated standards used or references to...
s.sch008 Additional information: Signed for and on behalf of: (place and...

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