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 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.
Schedules
Browse 91 other Schedules — structural / supplementary
Dust deposits
Additional means of protection
Safe opening
Protection against other hazards
Overloading of equipment
Flameproof enclosure systems
Hazards arising from different ignition sources
Hazards arising from static electricity
Hazards arising from stray electric and leakage currents
Hazards arising from overheating
Principles of integrated explosion safety
Hazards arising from pressure compensation operations
Hazards arising from external effects
Requirements in respect of safety-related devices
Control and display units
Requirements in respect of devices with a measuring function for explosion protection
Risks arising from software
Integration of safety requirements relating to the system
Hazards arising from power failure
Hazards arising from connections
Placing of warning devices as parts of equipment
Special checking and maintenance conditions
Requirements applicable to equipment in category M 1 of equipment-group I
Requirements applicable to equipment in category M 2 of equipment-group I
Explosive atmospheres caused by gases, vapours or mists
Explosive atmospheres caused by air and dust mixtures
Explosive atmospheres caused by gases, vapours or mists
Explosive atmospheres caused by air and dust mixtures
Explosive atmospheres caused by gases, vapours or mists
Explosive atmospheres caused by air and dust mixtures
General requirements
Characteristics of materials
Surrounding area conditions
Pressure-relief systems
Explosion suppression systems
Explosion decoupling systems
Protective systems must be capable of being integrated into a...
Marking
Instructions
Selection of materials
Design and construction
Enclosed structures and prevention of leaks
Equipment group I (a) Equipment category M 1 comprises equipment...
Equipment-group II (a) Equipment category 1 comprises equipment designed to...
(1) A conformity assessment body must have legal personality and...
A conformity assessment body must have —
A conformity assessment body must have the means necessary to...
The personnel responsible for carrying out conformity assessment activities must...
A conformity assessment body must be able to demonstrate the...
The remuneration of the top level management and the personnel...
A conformity assessment body must have, and must satisfy the...
A conformity assessment body must ensure that its personnel observe...
Paragraph 16 does not prevent the personnel from providing information...
A conformity assessment body must participate in, or ensure that...
A conformity assessment body must be a third party body...
A body belonging to a business association or professional federation...
(1) A conformity assessment body, its top level management and...
A conformity assessment body, its top level management and the...
A conformity assessment body, its top level management and the...
A conformity assessment body must ensure that the activities of...
A conformity assessment body and its personnel must carry out...
A conformity assessment body must be capable of carrying out...
An approved body must carry out conformity assessments in accordance...
An approved body must inform the Secretary of State of—...
An approved body must make provision in its contracts with...
An approved body must provide other bodies approved under these...
An approved body must participate in the work of any...
An approved body must— (a) acknowledge receipt of the technical...
An approved body must carry out conformity assessments in a...
An approved body must perform its activities taking due account...
An approved body must respect the degree of rigour and...
Where an approved body finds that essential health and safety...
Where, in the course of the monitoring of conformity following...
Where the approved body has required a manufacturer to take...
Paragraph 9 applies where an approved body is minded to—...
Where this paragraph applies, the approved body must—
Enforcement powers under the 1974
Modifications to the 1974 Act
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...
Browse 103 other sections — procedural / definitional / commencement
Citation, commencement and extent
TYPE EXAMINATION
Interpretation
Designated standard
Type examination shall be carried out with the examination of...
The manufacturer shall establish the technical documentation and make it...
The manufacturer shall keep the technical documentation at the disposal...
Scope
The manufacturer shall lodge an application for Type examination with...
The manufacturer shall lodge an application for assessment of his...
The quality system shall ensure that the products are in...
The approved body shall assess the quality system to determine...
The manufacturer shall undertake to fulfil the obligations arising out...
The manufacturer shall keep the approved body that has approved...
Exceptions for trade fairs, exhibitions and demonstrations
The approved body shall:
examine the technical documentation, verify that the specimen(s) have been...
carry out appropriate examinations and tests, or have them carried...
carry out appropriate examinations and tests, or have them carried...
agree with the manufacturer on a location where the examinations...
Design and manufacture in accordance with essential health and safety requirements
The approved body shall draw up an evaluation report that...
The manufacturer shall affix the UK marking and, under the...
The manufacturer shall draw up a written declaration of conformity...
The manufacturer shall draw up a written attestation of conformity...
Technical documentation and conformity assessment
Where the type meets the requirements of these Regulations that...
Declaration of conformity and UK marking
The approved body shall keep itself apprised of any changes...
Retention of technical documentation and ... declaration of conformity
Each approved body shall inform the Secretary of State concerning...
Compliance procedures for series production
The manufacturer shall keep a copy of the Type examination...
Monitoring
The manufacturer's authorised representative may lodge the application referred to...
Labelling and packaging of products
Labelling and packaging of products, other than components
Information identifying manufacturer
Provision of instructions and safety information
Duty to take action in respect of a product placed on the market which is considered not to be in conformity
Provision of information and cooperation
Authorised representatives
Prohibition on placing on the market products which are not in conformity
Requirements which must be satisfied before an importer places a product on the market
Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
Information identifying importer
Provision of Instructions and safety information
Storage and transport
Monitoring
Duty to take action in respect of a product placed on the market which is considered not to be in conformity
Provision of information and cooperation
Retention of technical documentation and ... declaration of conformity
Duty to act with due care
Requirements which must be satisfied before a distributor makes a product available on the market
Storage and transport
Prohibition on making available on the market where product not considered to be in conformity with safety objectives
Duty to take action in respect of products made available on the market which are not in conformity
Provision of information and cooperation
Cases in which obligations of manufacturers apply to importers and distributors
Identification of economic operators
Prohibition on improper use of UK marking
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
Presumption of conformity
Conformity assessment procedures
UK Marking
Approved bodies
Approval of conformity assessment bodies
Presumption of conformity of approved bodies
Monitoring
Restriction, suspension or withdrawal of approval
Operational matters in relation to approved bodies
Subsidiaries and contractors
Register of approved bodies
UK national accreditation body
Designation of market surveillance authority
Enforcement
Enforcement powers
Exercise of enforcement powers
Evaluation of a product presenting a risk
Enforcement action in respect of products which are not in conformity and which present a risk
EU safeguard procedure
Enforcement action in respect of products which are in conformity, but present a risk
Enforcement action in respect of formal non-compliance
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
Review
Transitional provisions
Transitional provision in relation to EU Exit
Revocations and savings
Consequential Amendments
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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Regulators
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