S.I. No. 246/1998 - European Communities (Lifts) Regulations, 1998.
S.I. No. 246 of 1998. | ||
EUROPEAN COMMUNITIES (LIFTS) REGULATIONS, 1998. | ||
I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to European Parliament and Council Directive 95/16/EC of 29 June 1995(1) on the approximation of the laws of the Member States relating to lifts, hereby make the following Regulations: | ||
(1)OJ No. L213, 7.9.1995, p.1. | ||
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1 Citation | 1. These Regulations may be cited as the European Communities (Lifts) Regulations, 1998, and shall come into operation on the 1st day of September, 1998. | |
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2 Interpretation | 2. (1) In these Regulations, unless the context otherwise requires— | |
"approved body" means— | ||
(a) an approved body in the State, or | ||
(b) a body, to which Article 9 of the Directive relates, approved by a Member State (other than the State); | ||
"approved body in the State" shall be construed in accordance with Regulation 11 (1); | ||
"authorised officer" has the meaning assigned to it by Regulation 18; | ||
"the Authority" means the National Authority for Occupational Safety and Health; | ||
"CE marking" means the CE marking specified in Article 10 of the Directive; | ||
"the Directive" means European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts; | ||
"functions" includes powers and duties; | ||
"lift" means a lift to which the Directive applies; | ||
"Member State" means a member state of the European Communities; | ||
"the Minister" means the Minister for Enterprise, Trade and Employment; | ||
"premises" means any place, ship or other vessel, aircraft, railway wagon or other vehicle; | ||
"the Regulations of 1989" means the European Communities (Electrically Operated Lifts) Regulations, 1989 ( S.I. No. 227 of 1989 ). | ||
(2) A word or expression that is used in these Regulations and is also used in the Directive, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive. | ||
(3) In these Regulations— | ||
(a) a reference to a Regulation is to a Regulation of these Regulatons, and | ||
(b) a reference to a paragraph is to the paragraph of the Regulation in which the reference occurs. | ||
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3 Prohibition on Placing on Market of Certain Lifts and Safety Components | 3. (1) The installer of a lift shall not place on the market or put into service a lift that— | |
(a) when properly installed and used for its intended purpose is liable to endanger the health or safety of persons, | ||
(b) when properly installed, maintained and used for its intended purpose, is liable to cause damage to property, or | ||
(c) fail to comply with the essential health and safety requirements set out in Annex I of the Directive. | ||
(2) The manufacturer of a safety component shall not place on the market or put into service a safety component— | ||
(a) if the lift in which it is intended to be installed is liable when the safety component is installed to— | ||
(i) endanger the health or safety of persons, or | ||
(ii) cause damage to property, or | ||
(b) that fails to comply with the essential health and safety requirements set out in Annex I of the Directive or fails to enable the lift in which it is installed to comply with those requirements. | ||
(3) A person who fails to comply with a provision of this Regulation shall be guilty of an offence. | ||
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4 Prohibition on Affixing Piping etc. in Lift Shaft | 4. (1) A person who affixes piping, wiring or fittings in a lift shaft other than piping, wiring or fittings required for the proper operation of a lift operating in the lift shaft or the safety of persons using such lift shall be guilty of an offence. | |
(2) Where a lift shaft contains piping, wiring or other fittings, other than piping, wiring or fittings required for the proper operation of a lift operating in the lift shaft or the safety of persons using such lift, the owner of the building in which the lift shaft is located shall be guilty of an offence. | ||
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5 Exhibiting or Demonstrating of Lifts or Safety Components | 5. (1) A person may exhibit or demonstrate the operation of a lift or safety component that fails to comply with these Regulations or the Directive: | |
Provided that— | ||
(a) he displays a sign, at the place where the lift or safety component is being exhibited or its operation is being demonstrated that is clearly visible and legible stating that— | ||
(i) the lift or safety component, as the case may be, does not comply with these Regulations or the Directive, and | ||
(ii) the lift or safety component, as the case may be, will not be for sale until the installer of the lift, or the manufacturer thereof or his authorised representative in the Community carries out such modifications or works to the said lift or safety component as will ensure compliance with these Regulations and the Directive, and | ||
(b) he takes such measures as will ensure the safety of persons present while the lift or safety component is being exhibited or the operation of the lift or safety component is being demonstrated. | ||
(2) A person who fails to comply with this Regulation shall be guilty of an offence. | ||
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6 Presumption of Compliance with Essential Health and Safety Requirements | 6. (1) A lift constructed in accordance with a national standard (the reference for which has been published in the Official Journal of the European Communities) which transposes a harmonised standard relating to one or more of the essential health and safety requirements shall be presumed to comply with the essential health and safety requirements concerned. | |
(2) A safety component constructed in accordance with a national standard (the reference for which has been published in the Official Journal of the European Communities) which transposes a harmonised standard relating to one or more of the essential health and safety requirements shall be presumed to comply with the essential health and safety requirements concerned. | ||
(3) A lift or safety component bearing the CE marking which is accompanied by the EC declaration of conformity referred to in Annex II of the Directive shall be deemed to comply with these Regulations. | ||
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7 Direction given by Minister or Authority | 7. (1) Where the Minister or the Authority is of the opinion that a person is placing on the market or has placed on the market a lift or safety component bearing the CE marking that, when used in accordance with its intended purpose, is likely to endanger the safety of persons or cause damage to property, the Minister or the Authority, as the case may be, may, by direction in writing given to that person, prohibit him from placing or continuing to place on the market such lift or safety component, as the case may be, or require him to take all practicable steps to withdraw from the market such lift or safety component. | |
(2) Where a direction is given under paragraph (1) the Minister or the Authority, as the case may be, shall immediately inform the Commission of having given such direction indicating the reasons for having done so and stating in particular whether such direction was given for a reason set out in Article 7(1) of the Directive. | ||
(3) The Minister may, as he thinks fit, withdraw a direction given by him under paragraph (1). | ||
(4) The Authority may, as it thinks fit, withdraw a direction given by it under paragraph (1). | ||
(5) Any person who is affected by a direction given to him under paragraph (1) may appeal to the High Court against the direction, and that court may, as it thinks proper, annul or confirm the decision. | ||
(6) In any proceedings before a court— | ||
(a) a document purporting to be a direction in writing given by the Minister under paragraph (1) and to be signed by him or by a person authorised by him in writing in that behalf, shall be admissible in evidence and deemed to be such a direction without further proof, unless the contrary is shown, and | ||
(b) a document purporting to be a direction given by the Authority under paragraph (1) and to be affixed with the seal of the Authority, shall be admissible in evidence and deemed to be such a direction, unless the contrary is shown. | ||
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8 Conformity Assessment | 8. (1) The manufacturer of a safety component, his authorised representative in the Community or other person who places a safety component listed in Annex IV of the Directive on the market without complying with paragraph 1 of Article 8 of the Directive shall be guilty of an offence. | |
(2) The installer of a lift or other person who places a lift on the market which has not undergone the procedures set out in paragraph 2 of Article 8 of the Directive shall be guilty of an offence. | ||
(3) The installer of a lift or other person, to whom paragraph 2 of this Regulation applies, who fails to comply with the first or second indents of paragraph 3 of Article 8 of the Directive or a request under the third indent of the said paragraph 3 shall be guilty of an offence. | ||
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9 Manufacture of Lifts or Safety Components for Own Use | 9. (1) A person who manufactures a safety component for his own use shall, in relation to that lift, comply with subparagraphs (a), (b) and (c) of paragraph 1 of Article 8 of the Directive. | |
(2) A person who manufacturers a lift for his own use which has not undergone the procedures set out in paragraph 2 of Article 8 of the Directive shall not use that lift or put it into service. | ||
(3) A person who manufacturers a lift for his own use shall comply with the first and second indents of paragraph 3 of the said Article 8 and a request under the third indent of the said paragraph 3 as if he were the installer referred to therein. | ||
(4) A person who contravenes a provision of this Regulation shall be guilty of an offence. | ||
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10 Application of Other Directives | 10. (1) The installer of a lift, or a person referred to in paragraph 5 of Article 8 of the Directive, who, in relation to a lift placed on the market by him, fails to comply with paragraph 4 of the said Article 8 shall be guilty of an offence. | |
(2) The manufacturer of a safety component, or a person referred to in paragraph 5 of Article 8 of the Directive, who, in relation to a safety component placed on the market by him, fails to comply with paragraph 4 of the said Article 8 shall be guilty of an offence. | ||
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11 Approved Body in the State | 11. (1) The Minister may appoint such one or more persons as satisfy the minimum criteria set out in Annex VII of the Directive to exercise in the State (whether individually or, where more than one person is so appointed, together with one or more of such other persons so appointed as the Minister directs) the functions of a notified body specified in the Directive, and a person so appointed may perform those functions accordingly. | |
(2) The Minister may, for the efficient and proper functioning of an approved body in the State, attach such conditions to an appointment under paragraph (1) of this Regulation as he thinks fit. | ||
(3) An appointment under paragraph (1) of this Regulation— | ||
(a) may be of fixed or indefinite duration, | ||
(b) may be revoked by the Minister if he has reason to believe that the approved body in the State does not comply with, or has ceased to comply with, the conditions attached to such appointment, or | ||
(c) shall be revoked by the Minister if he has reason to believe that the approved body in the State does not meet, or has ceased to meet, the aforesaid minimum criteria. | ||
(4) A reference in these Regulations to an approved body in the State shall be construed as a reference to each person appointed under paragraph (1). | ||
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12 EC type-examination | 12. (1) An application to an approved body in the State for the carrying out of an EC type-examination shall be in writing and shall be in the form prescribed under Annex V of the Directive. | |
(2) An application under this Regulation shall be accompanied by the appropriate fee. | ||
(3) An approved body in the State shall, if so requested, provide the Commission, a person authorised to make a request for the purposes of section 5 of Part A of Annex V of the Directive, on behalf of a Member State, or an approved body, with a copy of an EC type-examination certificate issued by it in respect of a representative specimen of a safety component and, on receipt of a reasoned request from any of those persons, a copy of the technical dossier included in the application for an EC type-examination and copies of the calculations and tests carried out for the purpose of that EC type-examination. | ||
(4) An approved body in the State shall, if so requested, provide the Commission, a person authorised to make a request for the purposes of section 5 of Part B of Annex V of the Directive, on behalf of a Member State, or an approved body, with a copy of an EC type-examination certificate issued by it in respect of a model lift and, on receipt of a reasoned request from any of those persons, a copy of the technical dossier included in the application for an EC type-examination and copies of the calculations and tests carried out for the purpose of that EC type-examination. | ||
(5) Where it comes to the notice of an approved body in the State that a safety component or lift, in respect of which an EC type-examination certificate has been issued, fails to comply with the provisions of the Directive applicable to lifts or safety components, as may be appropriate, it shall withdraw such EC type-examination certificate. | ||
(6) On making a decision to refuse to issue, or a decision to withdraw an EC type-examination certificate, an approved body in the State shall, as soon as practicable thereafter, send to the applicant concerned a notice in writing of that decision stating in detail the grounds upon which the decision is based and informing him of his right under Regulation 15 to appeal against the decision and of the time limit for bringing such an appeal. | ||
(7) Where an approved body in the State withdraws an EC type-examination certificate issued by another approved body in the State it shall so inform that approved body and the Minister by notice in writing setting out the reasons for the withdrawal. | ||
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13 Applications to Approved Body in State for Testing of Lifts or Safety Components | 13. (1) An application to an approved body in the State under Annex VIII, IX, X, XII, XIII or XIV of the Directive, shall be in writing and in the form prescribed under the relevant Annex. | |
(2) An application to an approved body in the State for the carrying out of checks on safety components under Annex XI of the Directive, shall be in writing. | ||
(3) An application for the carrying out of the final inspection of a lift under Annex VI of the Directive, shall be in writing and shall contain the documents specified in section 5 of the said Annex. | ||
(4) An application to which this Regulation applies shall be accompanied by the appropriate fee. | ||
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14 Application Fees | 14. (1) An approved body in the State may charge a fee (in this Regulation referred to as "the appropriate fee") which shall be equal to the amount which the body estimates it will incur, in, or in connection with, the carrying out or causing to be carried out of its functions under these Regulations or the Directive in respect of an application referred to in Regulation 13. | |
(2) Where the costs incurred by an approved body in the State are greater than the appropriate fee, the difference between those costs and that fee shall be paid by the installer of the lift or the manufacturer of the safety component or his authorised representative in the Community, as may be appropriate, to the approved body in the State. | ||
(3) Where the costs incurred by an approved body are less than the appropriate fee, the difference between those costs and that fee shall be paid by the approved body to the installer of the lift or the manufacturer of the safety component or his authorised representative in the Community, as may be appropriate. | ||
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15 Confidential Information | 15. A person who discloses information obtained by him while performing his duties as a member of the staff of an approved body in the State under the Directive or these Regulations without being duly authorised by the approved body in the State concerned to so do, shall be guilty of an offence. | |
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16 Appeal from Decision of Approved Body in the State | 16. (1) Any person aggrieved by a decision of an approved body in the State under Regulation 12 may, by notice in writing given to the Minister not later than 14 days after the receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the person, the approved body in the State or any other interested party, and the report of any inquiry held under paragraph (2) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of the approved body. | |
(2) The Minister may appoint an officer of the Minister to hold an inquiry in connection with an appeal under this Regulation and to make a report to the Minister on the findings and result of the inquiry. | ||
(3) The Minister may appoint an assessor to assist him and to make a report to him in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by him under paragraph (2). | ||
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17 CE Marking | 17. (1) A person shall not affix a marking to a lift or safety component, or label attached thereto, which is likely to deceive other persons as to the meaning and form of the CE marking. | |
(2) A person shall not affix a marking to a lift or safety component, or label attached thereto, if it is likely to reduce the visibility or legibility of the CE marking. | ||
(3) Where it comes to the notice of the Minister, the Authority or an approved body in the State that the CE marking has been affixed to a lift or safety component otherwise than in accordance with the Directive, the Minister, the Authority or the approved body in the State, as the case may be, shall by direction in writing require the installer of the lift, or manufacturer of the safety component or his authorised representative in the Community, as may be appropriate, to comply, in relation to the lift or safety component concerned, with the provisions of the Directive relating to the CE marking. | ||
(4) A person who fails to comply with a direction under paragraph (3) shall be guilty of an offence. | ||
(5) Where a person fails to comply with a direction under paragraph (3) an authorised officer may enter any premises on which he has reasonable grounds for believing are to be found lifts or safety components to which the CE marking has been affixed otherwise than in accordance with the Directive and therein seize any such lift or safety component. | ||
(6) If a person is convicted of an offence under this Regulation the court may order the lift or safety component in respect of which the offence has been committed to be forfeited and either destroyed or otherwise disposed of in such manner as the court may determine. | ||
(7) In this Regulation "court" means— | ||
(a) in the case of a lift or safety component not exceeding£5,000 in value, the District Court, | ||
(b) in the case of a lift or safety component exceeding£5,000 but not exceeding£30,000 in value, the Circuit Court, or | ||
(c) in any case, the High Court. | ||
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18 Authorised Officers | 18. (1) The Minister or the Authority may appoint such and so many officers of the Minister, as the Minister or the Authority thinks fit, to be authorised officers for the purposes of these Regulations. | |
(2) A person appointed under paragraph (1) shall, on his appointment, be furnished by the Minister or the Authority, as may be appropriate, with a warrant of his appointment, and when exercising a power conferred by this Regulation shall, if requested by any person thereby affected, produce such warrant to that person for inspection. | ||
(3) An authorised officer may, for the purposes of these Regulations and of the Directive— | ||
(a) at all reasonable times enter any premises at which he has reasonable grounds for believing that lifts or safety components are being manufactured or stored, or any premises that are part of an undertaking engaged in the manufacture of lifts or safety components, | ||
(b) at such premises inspect and take copies of, or extracts from, any books, records or other documents which he finds in the course of his inspection, | ||
(c) carry out or have carried out such examinations, tests, inspections and checks of the premises, of any lifts or safety components being manufactured or stored at the premises, or of any equipment, machinery or plant at the premises as he reasonably considers to be necessary for the purposes of his functions under these Regulations or the Directive, | ||
(d) require any person at the premises or the owner or person in charge of the premises and any person employed in connection therewith to give to him such information and to produce to him such books, documents and other records that are in that person's power or procurement as he may reasonably require for the purposes of his functions under these Regulations or the Directive, | ||
(e) take possession of and remove from the premises for examination and checking by the Minister, the Authority or an approved body in the State, a lift or safety component or any part thereof, and retain such lift or safety component or part thereof for such time as he considers reasonable for the purposes of his functions under these Regulations or the Directive. | ||
(4) A person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by these Regulations or impedes the exercise by the officer of such power or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations or in purported compliance with such request or in answer to such question gives information to an officer that he knows to be false or misleading in a material respect shall be guilty of an offence. | ||
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19 Obligation to Retain Documents | 19. (1) A manufacturer of a safety component, his authorised representative in the Community or, where neither the manufacturer of the safety component nor his authorised representative is established in the Community, the person who places the safety component on the market, who fails to comply with section 9 of Part A of Annex V, section 5 of Annex IX or section 3 of Annex XI of the Directive, shall be guilty of an offence. | |
(2) A manufacturer of a safety component who fails to comply with section 5 of Annex VIII of the Directive, shall be guilty of an offence. | ||
(3) The installer of a lift who fails to comply with section 9 of Part B of Annex V, section 3 of Annex VI, section 6 of Annex X, section 5 of Annex XII, section 5 of Annex XIII or section 5 of Annex XIV of the Directive, shall be guilty of an offence. | ||
(4) A reference to a notified body or national authorities in a provision of the Directive referred to in one of the foregoing paragraphs shall be construed as a reference to an approved body in the State. | ||
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20 Offences | 20. (1) Where an offence under these Regulation is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence. | |
(2) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding£1,500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. | ||
(3) Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister or the Authority. | ||
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21 Transitional Provision | 21. Notwithstanding these Regulations it shall, until the 30th day of June 1999, be lawful for a person to place on the market and put into service lifts or safety components which comply with the Regulations of 1989. | |
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22 Revocation | 22. The Regulations of 1989, are hereby revoked. | |
GIVEN under my Official Seal, this 21st day of July, 1998. | ||
MARY HARNEY, | ||
Minister for Enterprise, Trade and Employment. | ||
EXPLANATORY NOTE. | ||
These Regulations give effect to European Parliament and Council Directive 95/16/EC of 29 June, 1995 on the approximation of the laws of the Member States relating to lifts. | ||
The Regulations lay down requirements with which lifts must comply before being placed on the market or put into service. They also provide for "type approval" of lifts to ensure free circulation in the Community of lifts complying with the Directive's requirements. |