| Guvnor

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 502 other Acts

Pressure Equipment (Safety) Regulations 2016 93 duties

Measuring Instruments Regulations 2016 85 duties

Non-Automatic Weighing Instruments Regulations 2016 78 duties

Commission Delegated Regulation (EU) 2017/654 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery 76 duties

Human Medicines Regulations 2012 75 duties

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 duties

Operator — also bound by 746 other Acts

Regulation (EU) No 965/2012 (Air Operations) 203 duties

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 121 duties

Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 112 duties

Space Industry Regulations 2021 76 duties

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 66 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

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

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 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 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 Imprisonment

Provide clear English instructions and safety info with electrical equipmentManufacturer

s.010 Compliance procedures for series production Regulated

Maintain compliance procedures for mass-produced electrical equipmentManufacturer

s.011 Monitoring 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 Regulated

Fix, withdraw, or recall unsafe electrical equipmentManufacturer

s.013 Provision of information and cooperation Regulated

Provide information and cooperate with enforcing authoritiesManufacturer

s.014 Manufacturer's authorised representatives Imprisonment

Formally appoint a UK authorised representativeManufacturer

s.015 Prohibition on placing on the market electrical equipment which is not in conformity Imprisonment

Do not import non-compliant electrical equipmentManufacturer

s.016 Requirements which must be satisfied before an importer places electrical equipment on the market 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 Regulated

Do not sell electrical equipment that is unsafe or non-compliantManufacturer

s.018 Information identifying importer Regulated

Mark your business name and address on imported electrical equipmentManufacturer

s.019 Instructions and safety information Imprisonment

Provide clear English instructions and safety info with electrical equipmentManufacturer

s.020 Storage and transport of electrical equipment Imprisonment

Protect electrical equipment during storage and transportManufacturer

s.021 Retention of technical documentation and EU declaration of conformity Regulated

Keep technical and conformity records for 10 yearsManufacturer

s.022 Monitoring 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 Imprisonment

Address unsafe or non-compliant electrical equipment and notify authoritiesManufacturer

s.024 Provision of information and cooperation Regulated

Provide conformity documentation and cooperate with enforcement authoritiesManufacturer

s.025 Duty to act with due care 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 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 Regulated

Stop selling electrical equipment that is unsafe or non-compliantDistributor

s.028 Storage and transport of electrical equipment 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 Regulated

Fix, withdraw, or recall unsafe electrical equipmentDistributor

s.030 Provision of information and cooperation Regulated

Provide information and cooperate with enforcement authorities on electrical equipmentDistributor

s.032 Translation of declaration of conformity Regulated

Translate the declaration of conformity for electrical equipmentOperator

s.033 Identification of economic operators Regulated

Identify suppliers and customers of electrical equipment upon requestOperator

s.034 Prohibition on improper use of UK marking Regulated

Use the UK marking correctly on electrical equipmentOperator

s.035 Safe connection of electrical equipment intended for use in the United Kingdom 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

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 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

s.037 Conformity with other standards and requirements

s.039 UK marking

Part 4

Market surveillance and enforcement

9 of 21 sections shown

s.041 Enforcement Regulated

Other duties (1) — Crown / regulator

Trading Standards and the OPSS must enforce electrical safety rulesStatutory regulator

s.043 Exercise of enforcement powers 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 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 Imprisonment

Other duties (1) — Crown / regulator

Regulators must take enforcement action against unsafe electrical equipmentStatutory regulator

s.046 Union safeguard procedure 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 Imprisonment

Other duties (1) — Crown / regulator

Regulators may require correction, withdrawal, or recall of safe equipmentStatutory regulator

s.049 Restrictive measures Regulated

Other duties (1) — Crown / regulator

Regulators must follow specific procedures when restricting electrical equipmentStatutory regulator

s.050 Offences Imprisonment

Fail to comply with electrical equipment safety requirementsAny Person

s.060 Compensation 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

s.042 Enforcement powers

s.048 Enforcement action in cases of formal non-compliance

s.051 Penalties

s.052 Defence of due diligence

s.053 Liability of persons other than principal offender

s.054 Time limit for prosecution of offences

s.055 Service of documents

s.056 Recovery of expenses of enforcement

s.057 Action by enforcing authority

s.058 Appeals against notices

s.059 Appropriate court for appeals against notices

Part 5

Miscellaneous

1 of 5 sections shown

s.061 Review 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

s.063 Revocations and amendments

s.064 Schedule 7 (consequential amendments) has effect.

s.transitional provision in relation to eu exit Transitional provision in relation to EU Exit

Schedules

10 of 41 shown

s.001 Principal elements of the safety objectives for electrical equipment designed for use within certain voltage limits Imprisonment

Ensure electrical equipment meets essential safety objectivesManufacturer

s.002 Conformity Assessment Procedure 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 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

s.008 EU Declaration of Conformity

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...

Help complying

Guvnor’s practical routes through this instrument.

Electrical product safety compliance

How to comply with the Electrical Equipment (Safety) Regulations 2016 when placing electrical products on the Great Britain market. Covers safety objectives, …

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 equipment, and …

3 more guides that reference this instrument

Electronics and electrical product conformity: which regime applies Place electronic and electrical products on the GB market: conformity assessment and UKCA marking Wholesale distributor product-safety duties

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