UK Statutory Instrument SI 2018 United Kingdom

Personal Protective Equipment (Enforcement) Regulations 2018

These Regulations provide for the enforcement of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment (OJ No L81, 31.3.2016, p51) (“EU Regulation 2016/425”).

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
HSE, OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 3 of 14 obligations carry imprisonment (3 months). 3 carry different penalties and 8 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Manufacturer2 Operator1 Director or Officer1

Plus 5 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.

Any Person — also bound by 2340 other Acts
Manufacturer — also bound by 502 other Acts
Operator — also bound by 746 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 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

1 of 6 sections shown
s.002 Conformity assessment procedure obligation which is met by complying with Regulation 2016/425 (pre-exit) Regulated
  • Ensure PPE undergoes EU-equivalent type-examinationManufacturer
5 other sections in this Part — procedural and definitional
s.001 Citation, commencement and interpretation (opens in a new tab)
s.002 Application, transitional provisions, savings and revocation (opens in a new tab)
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 Regulation 2016/425 (pre-exit)
s.qualifying northern ireland goods Qualifying Northern Ireland Goods
Part 2

Market Surveillance and Enforcement

7 of 16 sections shown
s.003 Designation of market surveillance authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Designation of authorities responsible for PPE market surveillanceStatutory regulator
s.006 Notification to the Secretary of State of enforcement action etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Surveillance authorities must notify the Secretary of State of PPE assessmentsStatutory regulator
s.007 Offences (opens in a new tab) Imprisonment
  • Fail to meet PPE obligations or obstruct enforcementAny Person
s.008 Penalties (opens in a new tab) Imprisonment
  • Breach of personal protective equipment (PPE) safety regulationsAny Person
s.010 Liability of persons other than the principal offender (opens in a new tab) Imprisonment
  • Liability for PPE offences caused by another’s act or omissionDirector or Officer
s.012 Written notice under Article 38 and service of documents (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must provide formal notice before taking enforcement actionStatutory regulator
s.015 Compensation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must pay compensation for unjustified PPE enforcement noticesStatutory regulator
9 other sections in this Part — procedural and definitional
s.004 Enforcement Authorities (opens in a new tab)
s.005 Enforcement Powers (opens in a new tab)
s.009 Defence of due diligence (opens in a new tab)
s.011 Time limit for prosecution of offences (opens in a new tab)
s.013 Appeals against notices (opens in a new tab)
s.014 Appropriate court for appeals against notices etc and further appeals (opens in a new tab)
s.016 Recovery of expenses of enforcement (opens in a new tab)
s.017 Action by enforcement authority (opens in a new tab)
s.information obligations Information obligations
Part 3

Miscellaneous

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.018 Review and consequential amendments (opens in a new tab)
s.019 Schedule 5 (consequential amendments) makes amendments to legislation which are... (opens in a new tab)
Part 4

Provisions in respect of the UK(NI) indication

3 of 5 sections shown
s.021 UK(NI) indication (opens in a new tab) Regulated
  • Affix UK(NI) marking on PPE for the Northern Ireland marketManufacturer
s.023 Register of notified bodies established in the United Kingdom (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a public register of PPE notified bodiesCrown / Minister / Government department
s.024 Offence in relation to the UK(NI) indication (opens in a new tab) Prosecution
  • Fail to comply with withdrawal or recall notice for UK(NI) indicationAny Person

Unlimited fine

2 other sections in this Part — procedural and definitional
s.020 Interpretation (opens in a new tab)
s.022 United Kingdom notified bodies (opens in a new tab)
Schedules

Schedules

3 of 25 shown
s.sch002 Modifications to the 1974 Act Imprisonment
  • Fail to comply with a prohibition noticeAny Person
s.sch003 Modifications to the 1978 Order Imprisonment
  • Fail to comply with a prohibition noticeAny Person
s.sch004 Recall notice Regulated
  • Comply with recall notice for unsafe or non-compliant PPEOperator
22 other schedules
s.sch001 Enforcement powers under the 1987 Act
s.sch001 Modifications to the 1987 Act
s.sch002 Enforcement powers under the 1974 Act
s.sch003 Enforcement Powers under the 1978 Order
s.sch004 Compliance notice
s.sch004 Withdrawal notice
s.sch004 Interpretation
s.sch005 Amendment of the Personal Protective Equipment at Work Regulations 1992
s.sch005 Amendment of the REACH Enforcement Regulations 2008
s.sch005 Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
s.sch005 Amendment of the Control of Asbestos Regulations 2012
s.sch005 Amendment of the Control of Asbestos Regulations (Northern Ireland) 2012
s.sch005 Amendment of the Ionising Radiations Regulations 2017
s.sch005 Amendment of the Ionising Radiations Regulations (Northern Ireland) 2017
s.sch005 Amendment of the Control of Lead at Work Regulations 2002
s.sch005 Amendment of the Control of Substances Hazardous to Health 2002
s.sch005 Amendment of the Control of Lead at Work Regulations (Northern Ireland) 2003
s.sch005 Amendment of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003
s.sch005 Amendment of the Enterprise Act 2002 (Part 9 Restrictions of Disclosure of Information) (Specification) Order 2004
s.sch005 Amendment of the Control of Noise at Work Regulations 2005
s.sch005 Amendment of the Control of Noise at Work Regulations (Northern Ireland) 2006
s.sch005 Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

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