UK Statutory Instrument SI 2016 United Kingdom

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 1 of 108 obligations carry up to 2 years imprisonment. 107 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer51 Conformity Assessment Body19 Any Person7 Distributor6 Operator2 Designer1

Plus 22 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
Conformity Assessment Body — also bound by 47 other Acts
Any Person — also bound by 2340 other Acts
Distributor — also bound by 182 other Acts
Operator — also bound by 746 other Acts
Designer — also bound by 13 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 5 sections shown
5 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.002 Designated standard
s.003 Scope
s.004 Exceptions for trade fairs, exhibitions and demonstrations
Part 2

Obligations of economic operators

26 of 37 sections shown
s.010 Monitoring Regulated
  • Monitor products on the market, investigate complaints, and keep a registerManufacturer
s.011 Labelling and packaging of products Regulated
  • Label products with identification number before placing on marketManufacturer
s.012 Labelling and packaging of products, other than components Regulated
  • Label explosion-protected products with required markingsManufacturer
s.013 Information identifying manufacturer Regulated
  • Label products with manufacturer name and contact addressManufacturer
s.014 Provision of instructions and safety information Regulated
  • Provide clear English instructions and safety information with your productManufacturer
s.015 Duty to take action in respect of a product placed on the market which is considered not to be in conformity Regulated
  • Correct non-conforming products and notify OPSS if they pose a riskManufacturer
s.016 Provision of information and cooperation Regulated
  • Provide information and cooperate with the market surveillance authorityManufacturer
s.017 Authorised representatives Regulated
  • Appoint a UK-based authorised representative in writing (if you choose to use one)Manufacturer
s.018 Prohibition on placing on the market products which are not in conformity Regulated
  • Importers must not place non‑conforming products on the marketManufacturer
s.019 Requirements which must be satisfied before an importer places a product on the market Regulated
  • Verify product conformity before placing on the marketManufacturer
s.020 Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements Regulated
  • Do not place non-conforming products on the market and notify authorities of risksManufacturer
s.021 Information identifying importer Regulated
  • Label imported products with your name and contact addressManufacturer
s.022 Provision of Instructions and safety information Regulated
  • Provide clear English instructions and safety information with productsManufacturer
s.023 Storage and transport Regulated
  • Ensure storage and transport conditions do not jeopardise product conformityManufacturer
s.024 Monitoring Regulated
  • Monitor products and keep records of non-conformities and recallsManufacturer
s.025 Duty to take action in respect of a product placed on the market which is considered not to be in conformity Regulated
  • Act immediately if a product you imported is non-compliant – correct, withdraw, or recallManufacturer
s.026 Provision of information and cooperation Regulated
  • Provide information and cooperate with the market surveillance authorityManufacturer
s.027 Retention of technical documentation and ... declaration of conformity Regulated
  • Keep and provide technical documentation and conformity declaration for 10 yearsManufacturer
s.028 Duty to act with due care Regulated
  • Distributors must exercise due care to ensure product conformityDistributor
s.029 Requirements which must be satisfied before a distributor makes a product available on the market Regulated
  • Verify product conformity before making available on the marketDistributor
s.030 Storage and transport Regulated
  • Store and transport products safely to maintain conformityDistributor
s.031 Prohibition on making available on the market where product not considered to be in conformity with safety objectives Regulated
  • Do not make non-conforming products available and inform authorities of risksDistributor
s.032 Duty to take action in respect of products made available on the market which are not in conformity Regulated
  • Distributors must correct non-conforming products and report risksDistributor
s.033 Provision of information and cooperation Regulated
  • Provide information and cooperate with market surveillance authorityDistributor
s.035 Identification of economic operators Regulated
  • Identify supply chain partners to market surveillance authority upon requestOperator
s.036 Prohibition on improper use of UK marking Regulated
  • Do not misuse or misapply the UK marking on productsOperator
11 other sections in this Part — procedural and definitional
s.005 Design and manufacture in accordance with essential health and safety requirements
s.006 Technical documentation and conformity assessment
s.007 Declaration of conformity and UK marking
s.008 Retention of technical documentation and ... declaration of conformity
s.009 Compliance procedures for series production
s.034 Cases in which obligations of manufacturers apply to importers and distributors
s.036 Obligations which are met by complying with obligations in the ATEX Directive
s.036 Conformity assessment procedure obligation which is met by complying with the ATEX Directive
s.036 Further Use of UK marking
s.036 Qualifying Northern Ireland Goods
s.037 Translation of declaration of conformity
Part 3

Conformity assessment

1 of 3 sections shown
s.039 Conformity assessment procedures Regulated
  • Your business must choose and follow the correct product conformity assessment procedureManufacturer
2 other sections in this Part — procedural and definitional
s.038 Presumption of conformity
s.041 UK Marking
Part 4

Approval of Conformity Assessment Bodies

3 of 9 sections shown
s.046 Restriction, suspension or withdrawal of approval Regulated
  • Transfer or retain certification files when requested by the Secretary of StateConformity Assessment Body
s.047 Operational matters in relation to approved bodies Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must carry out conformity assessments and handle appealsStatutory regulator
s.048 Subsidiaries and contractors Regulated
  • Keep records and ensure compliance when subcontracting conformity assessmentsConformity Assessment Body
6 other sections in this Part — procedural and definitional
s.042 Approved bodies
s.043 Approval of conformity assessment bodies
s.044 Presumption of conformity of approved bodies
s.045 Monitoring
s.049 Register of approved bodies
s.050 UK national accreditation body
Part 5

Market surveillance and enforcement

3 of 20 sections shown
s.056 Enforcement action in respect of products which are not in conformity and which present a risk Regulated
Other duties (1) — Crown / regulator
  • Market surveillance authority must enforce corrective actions for non-conforming productsStatutory regulator
s.058 Enforcement action in respect of products which are in conformity, but present a risk Regulated
Other duties (1) — Crown / regulator
  • Market surveillance authority must require corrective action for compliant but risky productsStatutory regulator
s.059 Enforcement action in respect of formal non-compliance Regulated
Other duties (1) — Crown / regulator
  • Regulator must issue formal non-compliance notice and allow remedy time before enforcementStatutory regulator
17 other sections in this Part — procedural and definitional
s.051 Designation of market surveillance authority
s.052 Enforcement
s.053 Enforcement powers
s.054 Exercise of enforcement powers
s.055 Evaluation of a product presenting a risk
s.057 EU safeguard procedure
s.060 Restrictive measures
s.061 Offences
s.062 Penalties
s.063 Defence of due diligence
s.064 Liability of persons other than principal offender
s.065 Time limit for prosecution of offences
s.066 Service of documents
s.067 Recovery of expenses of enforcement
s.068 Action by the market surveillance authority
s.069 Appeals against notices
s.070 Appropriate court for appeals against notices
Part 6

Miscellaneous

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.071 Review
s.072 Transitional provisions
s.072 Transitional provision in relation to EU Exit
s.073 Revocations and savings
s.074 Consequential Amendments
Schedules

Schedules

54 of 91 shown
s.sch001 Dust deposits Regulated
  • Design equipment to prevent dust ignition in explosive atmospheresManufacturer
s.sch001 Protection against other hazards Regulated
  • Design and manufacture equipment to protect against physical and other hazardsManufacturer
s.sch001 Hazards arising from different ignition sources Regulated
  • Prevent potential ignition sources in equipment for explosive atmospheresManufacturer
s.sch001 Principles of integrated explosion safety Regulated
  • Design equipment and protective systems for integrated explosion safetyManufacturer
s.sch001 Hazards arising from pressure compensation operations Regulated
  • Design equipment to prevent ignition from pressure compensationManufacturer
s.sch001 Requirements in respect of safety-related devices Regulated
  • Fit safety devices that work independently and fail safelyAny Person
s.sch001 Requirements in respect of devices with a measuring function for explosion protection Regulated
  • Design and construct measuring devices safe for explosive atmospheresManufacturer
s.sch001 Risks arising from software Regulated
  • Account for software fault risks when designing equipment for explosive atmospheresDesigner
s.sch001 Hazards arising from connections Regulated
  • Fit suitable cable and conduit entries and ensure safe interfacesManufacturer
s.sch001 Placing of warning devices as parts of equipment Regulated
  • Provide instructions for placing detection/alarm devices on equipmentManufacturer
s.sch001 Requirements applicable to equipment in category M 1 of equipment-group I Regulated
  • Design and protect equipment to prevent ignition in explosive atmospheresManufacturer
s.sch001 Requirements applicable to equipment in category M 2 of equipment-group I Regulated
  • Design mining equipment (Category M2) to prevent ignition in explosive atmospheresManufacturer
s.sch001 Explosive atmospheres caused by air and dust mixtures Regulated
  • Design and construct equipment to prevent ignition of air and dust mixturesManufacturer
s.sch001 Explosive atmospheres caused by gases, vapours or mists Regulated
  • Design and construct equipment to prevent ignition sources in explosive atmospheresManufacturer
s.sch001 Explosive atmospheres caused by gases, vapours or mists Regulated
  • Design equipment to prevent ignition sources and control surface temperaturesManufacturer
s.sch001 Explosive atmospheres caused by air and dust mixtures Regulated
  • Design and construct equipment to prevent ignition from airborne dustAny Person
s.sch001 General requirements Regulated
  • Ensure protective systems meet safety requirements for explosive atmospheresAny Person
s.sch001 Pressure-relief systems Regulated
  • Fit pressure-relief devices if protective systems could be overstressedAny Person
s.sch001 Marking Regulated
  • Mark equipment and protective systems with explosion protection detailsManufacturer
s.sch001 Instructions Regulated
  • Provide complete safety instructions with every explosive-atmosphere productManufacturer
s.sch001 Selection of materials Regulated
  • Select materials that cannot cause or worsen an explosionManufacturer
s.sch001 Design and construction Regulated
  • Design and construct explosion-proof equipment for safe lifetime operationManufacturer
s.sch001 Enclosed structures and prevention of leaks Regulated
  • Design equipment to prevent leaks and contain flammable gases or dustsManufacturer
s.sch001a Equipment group I (a) Equipment category M 1 comprises equipment... Regulated
  • Ensure mining equipment meets M1 or M2 protection requirements for explosive atmospheresManufacturer
s.sch001a Equipment-group II (a) Equipment category 1 comprises equipment designed to... Regulated
  • Ensure equipment for explosive atmospheres meets category protection levelsAny Person
s.sch002 A conformity assessment body must have — Regulated
  • Conformity assessment bodies must have qualified staff and documented proceduresConformity Assessment Body
s.sch002 A conformity assessment body must have the means necessary to... Regulated
  • Equip your conformity assessment body with necessary resourcesConformity Assessment Body
s.sch002 The personnel responsible for carrying out conformity assessment activities must... Regulated
  • Ensure personnel carrying out conformity assessments have required qualificationsAny Person
s.sch002 A conformity assessment body must be able to demonstrate the... Regulated
  • Demonstrate impartiality of top management and assessment personnelConformity Assessment Body
s.sch002 The remuneration of the top level management and the personnel... Regulated
  • Conformity assessment pay must not depend on number or results of assessmentsConformity Assessment Body
s.sch002 A conformity assessment body must have, and must satisfy the... Regulated
  • Conformity assessment bodies must hold adequate civil liability insuranceConformity Assessment Body
s.sch002 A conformity assessment body must ensure that its personnel observe... Regulated
  • Ensure personnel observe professional secrecy and protect proprietary rightsConformity Assessment Body
s.sch002 A conformity assessment body must participate in, or ensure that... Regulated
  • Conformity assessment bodies must stay involved in standards and apply guidanceConformity Assessment Body
s.sch002 A conformity assessment body must be a third party body... Regulated
  • Conformity assessment bodies must be independent and third partyConformity Assessment Body
s.sch002 (1) A conformity assessment body, its top level management and... Regulated
  • Conformity assessment bodies must remain independent from product supply chainsConformity Assessment Body
s.sch002 A conformity assessment body, its top level management and the... Regulated
  • Conformity assessment bodies must stay independent from product design and supplyConformity Assessment Body
s.sch002 A conformity assessment body, its top level management and the... Regulated
  • Do not engage in activity that conflicts with independence or integrityConformity Assessment Body
s.sch002 A conformity assessment body must ensure that the activities of... Regulated
  • Manage subsidiaries and subcontractors to maintain impartialityConformity Assessment Body
s.sch002 A conformity assessment body and its personnel must carry out... Regulated
  • Conformity assessment bodies must act with integrity and be free from pressureConformity Assessment Body
s.sch002 A conformity assessment body must be capable of carrying out... Regulated
  • Conformity assessment body must be competent to carry out approved activitiesConformity Assessment Body
s.sch003 An approved body must carry out conformity assessments in accordance... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must follow correct procedures for conformity assessmentsStatutory regulator
s.sch003 An approved body must inform the Secretary of State of—... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must notify Secretary of State of certificate and activity changesCrown / Minister / Government department
s.sch003 An approved body must make provision in its contracts with... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must include appeal rights in their contractsStatutory regulator
s.sch003 An approved body must provide other bodies approved under these... Regulated
  • Share negative conformity assessment results with other approved bodiesConformity Assessment Body
s.sch003 An approved body must participate in the work of any... Regulated
  • Approved bodies must participate in coordination groups established by the Secretary of StateConformity Assessment Body
s.sch003 An approved body must— (a) acknowledge receipt of the technical... Regulated
Other duties (1) — Crown / regulator
  • Approved body must acknowledge receipt and retain technical documentationStatutory regulator
s.sch003 An approved body must carry out conformity assessments in a... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must act proportionately and avoid unnecessary burdens on businessesStatutory regulator
s.sch003 An approved body must perform its activities taking due account... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must tailor assessments to business size and complexityStatutory regulator
s.sch003 An approved body must respect the degree of rigour and... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must apply full rigour when checking your product's complianceStatutory regulator
s.sch003 Where an approved body finds that essential health and safety... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must refuse certificates when safety requirements are not metStatutory regulator
s.sch003 Where, in the course of the monitoring of conformity following... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must require corrective action and suspend/withdraw certificates for non-conforming productsStatutory regulator
s.sch003 Where the approved body has required a manufacturer to take... Regulated
Other duties (1) — Crown / regulator
  • Approved body must restrict or withdraw certificates when manufacturer fails corrective measuresStatutory regulator
s.sch003 Where this paragraph applies, the approved body must— Regulated
Other duties (1) — Crown / regulator
  • Approved body must notify applicant of intended refusal/restriction and allow representationsStatutory regulator
s.sch004 Modifications to the 1974 Act Imprisonment
  • Fail to comply with a prohibition noticeAny Person
37 other schedules
s.sch001 Preliminary observations
s.sch001 Additional means of protection
s.sch001 Safe opening
s.sch001 Overloading of equipment
s.sch001 Flameproof enclosure systems
s.sch001 Hazards arising from static electricity
s.sch001 Hazards arising from stray electric and leakage currents
s.sch001 Hazards arising from overheating
s.sch001 Hazards arising from external effects
s.sch001 Control and display units
s.sch001 Integration of safety requirements relating to the system
s.sch001 Hazards arising from power failure
s.sch001 Special checking and maintenance conditions
s.sch001 Explosive atmospheres caused by gases, vapours or mists
s.sch001 Explosive atmospheres caused by air and dust mixtures
s.sch001 Characteristics of materials
s.sch001 Surrounding area conditions
s.sch001 Explosion suppression systems
s.sch001 Explosion decoupling systems
s.sch001 Protective systems must be capable of being integrated into a...
s.sch002 (1) A conformity assessment body must have legal personality and...
s.sch002 Paragraph 16 does not prevent the personnel from providing information...
s.sch002 A body belonging to a business association or professional federation...
s.sch003 Paragraph 9 applies where an approved body is minded to—...
s.sch004 Enforcement powers under the 1974
s.sch005 Compliance notice
s.sch005 Withdrawal notice
s.sch005 Recall notice
s.sch005 Interpretation
s.sch006 Product model/product (product, type, batch or serial number):
s.sch006 Name and address of manufacturer and, where applicable, the authorised...
s.sch006 This declaration of conformity is issued under the sole responsibility...
s.sch006 Object of the declaration (identification of product allowing traceability; it...
s.sch006 The object of the declaration described above is in conformity...
s.sch006 References to the relevant designated standards used or references to...
s.sch006 Where applicable, the approved body (name, number) performed (description of...
s.sch006 Additional information: Signed for and on behalf of: (place and...
s.002 The manufacturer shall establish the technical documentation and make it... Regulated
  • Prepare and maintain technical documentation for explosive atmosphere equipmentManufacturer
s.002 The manufacturer shall keep the technical documentation at the disposal... Regulated
  • Keep technical documentation for 10 years after product placed on marketManufacturer
s.003 The manufacturer shall lodge an application for Type examination with... (opens in a new tab) Regulated
  • Lodge application for Type examination with approved bodyManufacturer
s.003 The manufacturer shall lodge an application for assessment of his... Regulated
  • Apply to an approved body for quality system assessmentManufacturer
s.003 The quality system shall ensure that the products are in... Regulated
  • Use a documented quality system to ensure product conformityManufacturer
s.003 The approved body shall assess the quality system to determine... Regulated
Other duties (1) — Crown / regulator
  • Approved body must audit your quality system for explosive-atmosphere equipmentStatutory regulator
s.003 The manufacturer shall undertake to fulfil the obligations arising out... Regulated
  • Maintain approved quality system and fulfil its obligationsManufacturer
s.003 The manufacturer shall keep the approved body that has approved... Regulated
  • Notify approved body of any intended changes to your quality systemManufacturer
s.004 The approved body shall: (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Approved body must examine technical documentation and test specimensStatutory regulator
s.004 examine the technical documentation, verify that the specimen(s) have been... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must examine technical documentation and verify conformityStatutory regulator
s.004 carry out appropriate examinations and tests, or have them carried... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must check correct use of designated standardsStatutory regulator
s.004 carry out appropriate examinations and tests, or have them carried... Regulated
  • Test equipment not using designated standards to verify safetyManufacturer
s.004 agree with the manufacturer on a location where the examinations... Regulated
Other duties (1) — Crown / regulator
  • Agree test location with the manufacturerStatutory regulator
s.005 The approved body shall draw up an evaluation report that... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Approved body must draw up evaluation report and only release with manufacturer's consentStatutory regulator
s.005 The manufacturer shall affix the UK marking and, under the... Regulated
  • Affix UK marking and approved body number to each productManufacturer
s.005 The manufacturer shall draw up a written declaration of conformity... Regulated
  • Draw up and keep declaration of conformity for each product modelManufacturer
s.005 The manufacturer shall draw up a written attestation of conformity... Regulated
  • Prepare and retain written attestation of conformity for each component modelManufacturer
s.006 Where the type meets the requirements of these Regulations that... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Approved body must issue type examination certificate or refuse with reasonsStatutory regulator
s.007 The approved body shall keep itself apprised of any changes... (opens in a new tab) Regulated
  • Inform approved body of modifications to certified equipmentManufacturer
s.008 Each approved body shall inform the Secretary of State concerning... (opens in a new tab) Regulated
  • Approved bodies must report certificate status and keep recordsConformity Assessment Body
s.009 The manufacturer shall keep a copy of the Type examination... (opens in a new tab) Regulated
  • Keep type examination certificate and technical documentation for 10 yearsManufacturer
3 other provisions
s.001 TYPE EXAMINATION (opens in a new tab)
s.002 Type examination shall be carried out with the examination of... (opens in a new tab)
s.010 The manufacturer's authorised representative may lodge the application referred to... (opens in a new tab)

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