UK Statutory Instrument
2016
United Kingdom
Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
At a glance
Enforced by
What's here
107 compliance obligations
Penalty landscape
1 of 107 obligations carry up to 2 years imprisonment. 106 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Manufacturer 51
- Any Person 20
- Distributor 6
- Licence Holder 5
- Operator 2
- Designer 1
Plus 22 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Manufacturers also bound by 472 other Acts (top 5 shown)
- Pressure Equipment (Safety) Regulations 2016 2016 91 duties
- Lifts Regulations 2016 2016 70 duties
- The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 2021 70 duties
- Non-Automatic Weighing Instruments Regulations 2016 2016 67 duties
- Pyrotechnic Articles (Safety) Regulations 2015 2015 64 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Distributors also bound by 177 other Acts (top 5 shown)
- The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 2017 28 duties
- The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 2017 26 duties
- The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 2017 25 duties
- Electricity Safety, Quality and Continuity Regulations 2002 2002 21 duties
- THE ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS (NORTHERN IRELAND) 2012 2012 19 duties
Licence Holders also bound by 221 other Acts (top 5 shown)
- Petroleum (Current Model Clauses) Order 1999 1999 317 duties
- The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 2004 123 duties
- Human Medicines Regulations 2012 2012 76 duties
- Space Industry Regulations 2021 2021 68 duties
- The Petroleum (Production) (Landward Areas) Regulations 1991 1991 65 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 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) 2018 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) 2012 112 duties
- Space Industry Regulations 2021 2021 75 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) 2016 66 duties
Designers also bound by 11 other Acts (top 5 shown)
- Construction (Design and Management) Regulations 2015 2015 19 duties
- Building Regulations (Northern Ireland) 2012 2012 2 duties
- Building (Procedure) (Scotland) Regulations 2004 2004 1 duty
- Council Directive 92/57/EEC of 24 June 1992 1992 1 duty
- Building Regulations 2010 2010 1 duty
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Preliminary
Browse 5 other sections in this Part — procedural / definitional / commencement
Interpretation
Designated standard
Scope
Exceptions for trade fairs, exhibitions and demonstrations
Part 2 — Obligations of economic operators
Monitoring
- Monitor products on the market, investigate complaints, and keep a register Manufacturer
Labelling and packaging of products
- Label products with identification number before placing on market Manufacturer
Labelling and packaging of products, other than components
- Label explosion-protected products with required markings Manufacturer
Information identifying manufacturer
- Label products with manufacturer name and contact address Manufacturer
Provision of instructions and safety information
- Provide clear English instructions and safety information with your product Manufacturer
Duty to take action in respect of a product placed on the market which is considered not to be in conformity
- Correct non-conforming products and notify OPSS if they pose a risk Manufacturer
Provision of information and cooperation
- Provide information and cooperate with the market surveillance authority Manufacturer
Authorised representatives
- Appoint a UK-based authorised representative in writing (if you choose to use one) Manufacturer
Prohibition on placing on the market products which are not in conformity
- Importers must not place non‑conforming products on the market Manufacturer
Requirements which must be satisfied before an importer places a product on the market
- Verify product conformity before placing on the market Manufacturer
Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
- Do not place non-conforming products on the market and notify authorities of risks Manufacturer
Information identifying importer
- Label imported products with your name and contact address Manufacturer
Provision of Instructions and safety information
- Provide clear English instructions and safety information with products Manufacturer
Storage and transport
- Ensure storage and transport conditions do not jeopardise product conformity Manufacturer
Monitoring
- Monitor products and keep records of non-conformities and recalls Manufacturer
Duty to take action in respect of a product placed on the market which is considered not to be in conformity
- Act immediately if a product you imported is non-compliant – correct, withdraw, or recall Manufacturer
Provision of information and cooperation
- Provide information and cooperate with the market surveillance authority Manufacturer
Retention of technical documentation and ... declaration of conformity
- Keep and provide technical documentation and conformity declaration for 10 years Manufacturer
Duty to act with due care
- Distributors must exercise due care to ensure product conformity Distributor
Requirements which must be satisfied before a distributor makes a product available on the market
- Verify product conformity before making available on the market Distributor
Storage and transport
- Store and transport products safely to maintain conformity Distributor
Prohibition on making available on the market where product not considered to be in conformity with safety objectives
- Do not make non-conforming products available and inform authorities of risks Distributor
Duty to take action in respect of products made available on the market which are not in conformity
- Distributors must correct non-conforming products and report risks Distributor
Provision of information and cooperation
- Provide information and cooperate with market surveillance authority Distributor
Identification of economic operators
- Identify supply chain partners to market surveillance authority upon request Operator
Prohibition on improper use of UK marking
- Do not misuse or misapply the UK marking on products Operator
Browse 11 other sections in this Part — procedural / definitional / commencement
Design and manufacture in accordance with essential health and safety requirements
Technical documentation and conformity assessment
Declaration of conformity and UK marking
Retention of technical documentation and ... declaration of conformity
Compliance procedures for series production
Cases in which obligations of manufacturers apply to importers and distributors
Obligations which are met by complying with obligations in the ATEX Directive
Conformity assessment procedure obligation which is met by complying with the ATEX Directive
Further Use of UK marking
Qualifying Northern Ireland Goods
Translation of declaration of conformity
Part 3 — Conformity assessment
Conformity assessment procedures
- Your business must choose and follow the correct product conformity assessment procedure Manufacturer
Browse 2 other sections in this Part — procedural / definitional / commencement
Presumption of conformity
UK Marking
Part 4 — Approval of Conformity Assessment Bodies
Restriction, suspension or withdrawal of approval
- Transfer or retain certification files when requested by the Secretary of State Licence Holder
Operational matters in relation to approved bodies
Other duties (1) — Crown / regulator
- Approved bodies must carry out conformity assessments and handle appeals Statutory regulator
Subsidiaries and contractors
- Keep records and ensure compliance when subcontracting conformity assessments Licence Holder
Browse 6 other sections in this Part — procedural / definitional / commencement
Approved bodies
Approval of conformity assessment bodies
Presumption of conformity of approved bodies
Monitoring
Register of approved bodies
UK national accreditation body
Part 5 — Market surveillance and enforcement
Enforcement action in respect of products which are not in conformity and which present a risk
Other duties (1) — Crown / regulator
- Market surveillance authority must enforce corrective actions for non-conforming products Statutory regulator
Enforcement action in respect of products which are in conformity, but present a risk
Other duties (1) — Crown / regulator
- Market surveillance authority must require corrective action for compliant but risky products Statutory regulator
Enforcement action in respect of formal non-compliance
Other duties (1) — Crown / regulator
- Regulator must issue formal non-compliance notice and allow remedy time before enforcement Statutory regulator
Browse 17 other sections in this Part — procedural / definitional / commencement
Designation of market surveillance authority
Enforcement
Enforcement powers
Exercise of enforcement powers
Evaluation of a product presenting a risk
EU safeguard procedure
Restrictive measures
Offences
Penalties
Defence of due diligence
Liability of persons other than principal offender
Time limit for prosecution of offences
Service of documents
Recovery of expenses of enforcement
Action by the market surveillance authority
Appeals against notices
Appropriate court for appeals against notices
Part 6 — Miscellaneous
Browse 5 other sections in this Part — procedural / definitional / commencement
Review
Transitional provisions
Transitional provision in relation to EU Exit
Revocations and savings
Consequential Amendments
Schedules
Dust deposits
- Design equipment to prevent dust ignition in explosive atmospheres Manufacturer
Protection against other hazards
- Design and manufacture equipment to protect against physical and other hazards Manufacturer
Hazards arising from different ignition sources
- Prevent potential ignition sources in equipment for explosive atmospheres Manufacturer
Principles of integrated explosion safety
- Design equipment and protective systems for integrated explosion safety Manufacturer
Hazards arising from pressure compensation operations
- Design equipment to prevent ignition from pressure compensation Manufacturer
Requirements in respect of safety-related devices
- Fit safety devices that work independently and fail safely Any Person
Requirements in respect of devices with a measuring function for explosion protection
- Design and construct measuring devices safe for explosive atmospheres Manufacturer
Risks arising from software
- Account for software fault risks when designing equipment for explosive atmospheres Designer
Hazards arising from connections
- Fit suitable cable and conduit entries and ensure safe interfaces Manufacturer
Placing of warning devices as parts of equipment
- Provide instructions for placing detection/alarm devices on equipment Manufacturer
Requirements applicable to equipment in category M 1 of equipment-group I
- Design and protect equipment to prevent ignition in explosive atmospheres Manufacturer
Requirements applicable to equipment in category M 2 of equipment-group I
- Design mining equipment (Category M2) to prevent ignition in explosive atmospheres Manufacturer
Explosive atmospheres caused by air and dust mixtures
- Design and construct equipment to prevent ignition of air and dust mixtures Manufacturer
Explosive atmospheres caused by gases, vapours or mists
- Design and construct equipment to prevent ignition sources in explosive atmospheres Manufacturer
Explosive atmospheres caused by gases, vapours or mists
- Design equipment to prevent ignition sources and control surface temperatures Manufacturer
Explosive atmospheres caused by air and dust mixtures
- Design and construct equipment to prevent ignition from airborne dust Any Person
General requirements
- Ensure protective systems meet safety requirements for explosive atmospheres Any Person
Pressure-relief systems
- Fit pressure-relief devices if protective systems could be overstressed Any Person
Marking
- Mark equipment and protective systems with explosion protection details Manufacturer
Instructions
- Provide complete safety instructions with every explosive-atmosphere product Manufacturer
Selection of materials
- Select materials that cannot cause or worsen an explosion Manufacturer
Design and construction
- Design and construct explosion-proof equipment for safe lifetime operation Manufacturer
Enclosed structures and prevention of leaks
- Design equipment to prevent leaks and contain flammable gases or dusts Manufacturer
Equipment group I (a) Equipment category M 1 comprises equipment...
- Ensure mining equipment meets M1 or M2 protection requirements for explosive atmospheres Manufacturer
Equipment-group II (a) Equipment category 1 comprises equipment designed to...
- Ensure equipment for explosive atmospheres meets category protection levels Any Person
A conformity assessment body must have —
- Conformity assessment bodies must have qualified staff and documented procedures Any Person
A conformity assessment body must have the means necessary to...
- Equip your conformity assessment body with necessary resources Any Person
The personnel responsible for carrying out conformity assessment activities must...
- Ensure personnel carrying out conformity assessments have required qualifications Any Person
A conformity assessment body must be able to demonstrate the...
- Demonstrate impartiality of top management and assessment personnel Any Person
The remuneration of the top level management and the personnel...
- Conformity assessment pay must not depend on number or results of assessments Any Person
A conformity assessment body must have, and must satisfy the...
- Conformity assessment bodies must hold adequate civil liability insurance Any Person
A conformity assessment body must ensure that its personnel observe...
- Ensure personnel observe professional secrecy and protect proprietary rights Any Person
A conformity assessment body must participate in, or ensure that...
- Conformity assessment bodies must stay involved in standards and apply guidance Any Person
(1) A conformity assessment body, its top level management and...
- Conformity assessment bodies must remain independent from product supply chains Any Person
A conformity assessment body, its top level management and the...
- Conformity assessment bodies must stay independent from product design and supply Any Person
A conformity assessment body, its top level management and the...
- Do not engage in activity that conflicts with independence or integrity Any Person
A conformity assessment body must ensure that the activities of...
- Manage subsidiaries and subcontractors to maintain impartiality Any Person
A conformity assessment body and its personnel must carry out...
- Conformity assessment bodies must act with integrity and be free from pressure Any Person
A conformity assessment body must be capable of carrying out...
- Conformity assessment body must be competent to carry out approved activities Any Person
An approved body must carry out conformity assessments in accordance...
Other duties (1) — Crown / regulator
- Approved bodies must follow correct procedures for conformity assessments Statutory regulator
An approved body must inform the Secretary of State of—...
Other duties (1) — Crown / regulator
- Approved bodies must notify Secretary of State of certificate and activity changes Crown / Minister / Government department
An approved body must make provision in its contracts with...
Other duties (1) — Crown / regulator
- Approved bodies must include appeal rights in their contracts Statutory regulator
An approved body must provide other bodies approved under these...
- Share negative conformity assessment results with other approved bodies Licence Holder
An approved body must participate in the work of any...
- Approved bodies must participate in coordination groups established by the Secretary of State Licence Holder
An approved body must— (a) acknowledge receipt of the technical...
Other duties (1) — Crown / regulator
- Approved body must acknowledge receipt and retain technical documentation Statutory regulator
An approved body must carry out conformity assessments in a...
Other duties (1) — Crown / regulator
- Approved bodies must act proportionately and avoid unnecessary burdens on businesses Statutory regulator
An approved body must perform its activities taking due account...
Other duties (1) — Crown / regulator
- Approved bodies must tailor assessments to business size and complexity Statutory regulator
An approved body must respect the degree of rigour and...
Other duties (1) — Crown / regulator
- Approved bodies must apply full rigour when checking your product's compliance Statutory regulator
Where an approved body finds that essential health and safety...
Other duties (1) — Crown / regulator
- Approved bodies must refuse certificates when safety requirements are not met Statutory regulator
Where, in the course of the monitoring of conformity following...
Other duties (1) — Crown / regulator
- Approved bodies must require corrective action and suspend/withdraw certificates for non-conforming products Statutory regulator
Where the approved body has required a manufacturer to take...
Other duties (1) — Crown / regulator
- Approved body must restrict or withdraw certificates when manufacturer fails corrective measures Statutory regulator
Where this paragraph applies, the approved body must—
Other duties (1) — Crown / regulator
- Approved body must notify applicant of intended refusal/restriction and allow representations Statutory regulator
Modifications to the 1974 Act
2 years imprisonment- Fail to comply with a prohibition notice Any Person
Browse 38 other Schedules — structural / supplementary
Preliminary observations
Additional means of protection
Safe opening
Overloading of equipment
Flameproof enclosure systems
Hazards arising from static electricity
Hazards arising from stray electric and leakage currents
Hazards arising from overheating
Hazards arising from external effects
Control and display units
Integration of safety requirements relating to the system
Hazards arising from power failure
Special checking and maintenance conditions
Explosive atmospheres caused by gases, vapours or mists
Explosive atmospheres caused by air and dust mixtures
Characteristics of materials
Surrounding area conditions
Explosion suppression systems
Explosion decoupling systems
Protective systems must be capable of being integrated into a...
(1) A conformity assessment body must have legal personality and...
Paragraph 16 does not prevent the personnel from providing information...
A conformity assessment body must be a third party body...
A body belonging to a business association or professional federation...
Paragraph 9 applies where an approved body is minded to—...
Enforcement powers under the 1974
Compliance notice
Withdrawal notice
Recall notice
Interpretation
Product model/product (product, type, batch or serial number):
Name and address of manufacturer and, where applicable, the authorised...
This declaration of conformity is issued under the sole responsibility...
Object of the declaration (identification of product allowing traceability; it...
The object of the declaration described above is in conformity...
References to the relevant designated standards used or references to...
Where applicable, the approved body (name, number) performed (description of...
Additional information: Signed for and on behalf of: (place and...
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
The manufacturer shall establish the technical documentation and make it...
- Prepare and maintain technical documentation for explosive atmosphere equipment Manufacturer
The manufacturer shall keep the technical documentation at the disposal...
- Keep technical documentation for 10 years after product placed on market Manufacturer
The manufacturer shall lodge an application for Type examination with...
- Lodge application for Type examination with approved body Manufacturer
The manufacturer shall lodge an application for assessment of his...
- Apply to an approved body for quality system assessment Manufacturer
The quality system shall ensure that the products are in...
- Use a documented quality system to ensure product conformity Manufacturer
The approved body shall assess the quality system to determine...
Other duties (1) — Crown / regulator
- Approved body must audit your quality system for explosive-atmosphere equipment Statutory regulator
The manufacturer shall undertake to fulfil the obligations arising out...
- Maintain approved quality system and fulfil its obligations Manufacturer
The manufacturer shall keep the approved body that has approved...
- Notify approved body of any intended changes to your quality system Manufacturer
The approved body shall:
Other duties (1) — Crown / regulator
- Approved body must examine technical documentation and test specimens Statutory regulator
examine the technical documentation, verify that the specimen(s) have been...
Other duties (1) — Crown / regulator
- Approved bodies must examine technical documentation and verify conformity Statutory regulator
carry out appropriate examinations and tests, or have them carried...
Other duties (1) — Crown / regulator
- Approved bodies must check correct use of designated standards Statutory regulator
carry out appropriate examinations and tests, or have them carried...
- Test equipment not using designated standards to verify safety Manufacturer
agree with the manufacturer on a location where the examinations...
Other duties (1) — Crown / regulator
- Agree test location with the manufacturer Statutory regulator
The approved body shall draw up an evaluation report that...
Other duties (1) — Crown / regulator
- Approved body must draw up evaluation report and only release with manufacturer's consent Statutory regulator
The manufacturer shall affix the UK marking and, under the...
- Affix UK marking and approved body number to each product Manufacturer
The manufacturer shall draw up a written declaration of conformity...
- Draw up and keep declaration of conformity for each product model Manufacturer
The manufacturer shall draw up a written attestation of conformity...
- Prepare and retain written attestation of conformity for each component model Manufacturer
Where the type meets the requirements of these Regulations that...
Other duties (1) — Crown / regulator
- Approved body must issue type examination certificate or refuse with reasons Statutory regulator
The approved body shall keep itself apprised of any changes...
- Inform approved body of modifications to certified equipment Manufacturer
Each approved body shall inform the Secretary of State concerning...
- Approved bodies must report certificate status and keep records Licence Holder
The manufacturer shall keep a copy of the Type examination...
- Keep type examination certificate and technical documentation for 10 years Manufacturer
Browse 3 other sections
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- UK law on the design and supply of products (opens in a new tab) from HSE Detailed Guidance
- A-Belco Group, Hadar range of ATEX Lighting products (opens in a new tab) from HSE Detailed Guidance
- ATEX and explosive atmospheres (opens in a new tab) from HSE Detailed Guidance
- Electricity in potentially explosive atmospheres (opens in a new tab) from HSE Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Product Safety and Standards
Product safety regulator responsible for ensuring consumer products are safe. Enforces product safety regulations, UKCA marking requirements, and works with market surveillance …
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Browse legislation
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Regulators
Learn more about the bodies that enforce this legislation.