UK Statutory Instrument
2017
United Kingdom
Recreational Craft Regulations 2017
At a glance
Enforced by
What's here
31 compliance obligations, 1 practical guide
Who this Act binds
Plus 9 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesWhat 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 — GENERAL
Browse 6 other sections in this Part — procedural / definitional / commencement
Citation and commencement
Interpretation
Designated standard
Scope
Exclusions
Exhibition at trade fairs
Part 2 — PLACING PRODUCTS ON THE MARKET
Browse 39 other sections in this Part — procedural / definitional / commencement
Essential requirements
Making available and putting into service
Duty to ensure products comply with the essential requirements
Technical documentation and conformity assessment
Declaration of conformity and UK marking
Duty of manufacturers to retain technical documentation and EU declaration of conformity
Compliance procedures for series production
Duty of manufacturers to ensure products are labelled
Duty to provide information
Instructions and safety information
Duty to take action in respect of product placed on the market which is considered not to be in conformity
Provision of information and co-operation
Prohibition on placing products on the market
Requirements that must be satisfied before an importer places a product on the market
Duty not to place a product on the market where an importer suspects that it is not in conformity
Duty of importer to ensure products are labelled
Instructions and safety information
Storage and transport
Duty to take action in respect of product placed on the market which is considered not to be in conformity
Duty of importers to retain technical documentation and EU declaration of conformity
Provision of information and co-operation
Duty to act with due care
Making available on the market
Duty not to make a product available on the market where a distributor suspects that it is not in conformity
Storage and transport
Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity
Provision of information and co-operation
Cases in which the obligations of manufacturers apply to importers and distributors
Monitoring
Translation of EU declaration of conformity
Private importers
Identification of economic operators
Obligations on private importers to identify economic operators
Authorised representatives
Prohibition on improper use of UK marking
Obligations that are met by complying with obligations in the Directive
Conformity assessment procedure obligation which is met by complying with the Directive
Further use of UK marking
Qualifying Northern Ireland Goods
Part 3 — CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES
Browse 16 other sections in this Part — procedural / definitional / commencement
Presumption of conformity
Applicable conformity assessment procedures
Duty to carry out the post construction assessment
Design and construction
Exhaust emissions
Noise emissions: recreational craft
Noise emissions: personal watercraft
Requirements of the post-construction assessment
Conformity assessments carried out under Module B (EU-type examination)
Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)
Conformity assessments carried out under Module F (conformity to type based on product verification)
Conformity assessments carried out under Module C (conformity to type based on internal production control)
Declaration of conformity
UK marking
UK(NI) indication
Register of notified bodies established in the United Kingdom
Part 4 — APPROVAL OF CONFORMITY ASSESSMENT BODIES
Browse 10 other sections in this Part — procedural / definitional / commencement
Approved bodies
Approval of conformity assessment bodies
Presumption of conformity of approved bodies
Monitoring of approved bodies
Restriction, suspension or withdrawal of approval
Notice of proposed restriction, suspension or withdrawal of approval
Operational requirements of approved bodies
Subsidiaries and contractors
Register of approved bodies
Authorisation of UK national accreditation body
Part 5 — MARKET SURVEILLANCE AND ENFORCEMENT
Browse 20 other sections in this Part — procedural / definitional / commencement
Designation of market surveillance authorities
Enforcement
Enforcement powers
Evaluation of a product presenting a risk
Enforcement action in respect of products that are not in conformity and which present a risk
EU Safeguard procedure
Enforcement action in respect of formal non-compliance
Restrictive measures
Offences
Penalties
Penalty in relation to the UK(NI) indication
Defence of due diligence
Liability of persons other than the principal offender
Service of documents
Recovery of expenses of enforcement
Action by enforcing authority
Appeals against notices
Appropriate court for appeals against notices
Time limit for commencement of proceedings
Compensation
Part 5A — POWERS OF THE SECRETARY OF STATE
Browse 2 other sections in this Part — procedural / definitional / commencement
Power to amend Schedules
Power to make provision for application of conformity assessments and of Schedule 1
Part 6 — MISCELLANEOUS
Browse 7 other sections in this Part — procedural / definitional / commencement
Amendment to the Consumer Rights Act 2015
Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
Transitional provisions
Transitional provisions in relation to EU Exit
Revocations and savings
Schedules
(1) A conformity assessment body must have legal personality and...
- Conformity assessment body must be a legal entity based in UK or CPTPP country
A conformity assessment body must be capable of carrying out...
- Maintain capability to perform conformity assessment tasks
At all times and for each conformity assessment procedure and...
- Conformity assessment bodies must maintain resources and procedures
The personnel responsible for carrying out the conformity assessment activities...
- Ensure conformity assessment personnel are trained, knowledgeable and authorised
A conformity assessment body, its top level management and the...
- Your conformity assessment body must not be involved with the watercraft it assesses
A conformity assessment body, its top level management and the...
- Avoid direct involvement in watercraft design, manufacture, etc.
A conformity assessment body must not engage in any activity,...
- Do not engage in activities that compromise independence
Conformity assessment bodies must ensure that the activities of their...
- Ensure subsidiaries and subcontractors maintain confidentiality, objectivity and impartiality
Conformity assessment bodies and their personnel must carry out the...
- Conformity assessment bodies must act with integrity and technical competence
Approved bodies must carry out conformity assessments in accordance with...
Other duties (1) — Crown / regulator
- Approved bodies must follow conformity assessment procedures for recreational craft Statutory regulator
An approved body must participate in the work of any...
- Approved bodies must participate in coordination groups
Conformity assessments must be carried out in a proportionate manner,...
Other duties (1) — Crown / regulator
- Conformity assessment bodies must assess proportionately Statutory regulator
Conformity assessment bodies must respect the degree of rigour and...
- Conformity assessment bodies must apply rigorous assessment standards
Where an approved body finds that the requirements of regulation...
Other duties (1) — Crown / regulator
- Approved/nominated bodies must withhold certification until safety failures are fixed Statutory regulator
Where, in the course of the monitoring of the conformity...
Other duties (1) — Crown / regulator
- Approved bodies must require corrective action and may suspend/withdraw certification Statutory regulator
Where corrective measures are not taken or do not have...
Other duties (1) — Crown / regulator
- Approved or notified bodies must restrict, suspend or withdraw certificates when corrective measures fail Statutory regulator
(1) An approved body must inform the Secretary of State...
- Notify OPSS of certificate refusals, withdrawals or scope changes
An approved body must make provision in its contracts with...
- Approved bodies must include appeal rights in client contracts
An approved body must provide other bodies approved under these...
- Share conformity assessment results with other approved bodies
A recall notice must require the relevant economic operator to...
- Organise return of recalled products from end-users
In determining what requirements to include in a recall notice,...
Other duties (1) — Crown / regulator
- OPSS must design recall notices to encourage cooperation from distributors and end-users Statutory regulator
A compliance notice must— (a) require the relevant economic operator...
- Comply with a compliance notice from the market surveillance authority
A withdrawal notice must prohibit the relevant economic operator from...
Other duties (1) — Crown / regulator
- OPSS must prohibit product supply until consent given Statutory regulator
Browse 30 other Schedules — structural / supplementary
For the purposes of regulation 49, the conformity assessment carried...
The conformity assessment must include an assessment of the adequacy...
The conformity assessment must include an assessment of the adequacy...
The technical documentation must include a general description of the...
A conformity assessment body must be a third-party body independent...
A body belonging to a business association or professional federation...
Nothing in paragraph 4 of this Schedule will preclude the...
Enforcement powers under the
Modifications to the 1987 Act
Compliance notice
A consent given by the enforcing authority pursuant to a...
Subject to paragraph 7, an enforcing authority may revoke or...
An enforcing authority may not vary a withdrawal notice so...
Recall notice
A recall notice may— (a) require the recall to be...
A recall notice may only be issued by the market...
A relevant economic operator which has received notice from the...
Sub-paragraphs 17(b), (c) and (d) do not apply in the...
Where a relevant economic operator requires the enforcing authority to...
In this Schedule, “Institute” means the charitable organisation with registered...
A recall notice served by the market surveillance authority may...
Subject to paragraph 24, a market surveillance authority may revoke...
A market surveillance authority may not vary a recall notice...
Interpretation
A compliance notice may include directions as to the measures...
Subject to paragraph 5, an enforcing authority may revoke or...
An enforcing authority may not vary a compliance notice so...
Withdrawal notice
A withdrawal notice may require the relevant economic operator to...
A withdrawal notice may require the relevant economic operator to...
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Technical documentation
- Prepare technical documentation for your recreational craft
Manufacturing
- Ensure your manufacturing process produces compliant products
UK marking and declaration of conformity
- Affix UK marking and keep declaration of conformity for 10 years
UK marking and declaration of conformity
- Affix UK marking and keep declaration of conformity for each product model
Type examination certificate
Other duties (1) — Crown / regulator
- Approved body must issue or refuse type examination certificate Statutory regulator
Changes
- Inform approved body of modifications that affect type approval compliance
Approved body's duties in respect of type examination certificates
Other duties (1) — Crown / regulator
- Notify OPSS of type-examination certificates and share information Statutory regulator
Manufacturer's duties in respect of type examination certificates
- Keep type examination certificate and technical documentation for 10 years
Browse 6 other unclassified sections
Internal production control
The declaration by the manufacturer or the importer established in...
the name and address of the manufacturer; the name and...
The technical documentation referred to in Article 7(2) and Article...
In the cases referred to in Article 24(5) regulation 52...
An engine is taken from the series and subjected to...
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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