S.I. No. 406/2008 - European Communities (Lifts) (Amendment) Regulations 2008
EUROPEAN COMMUNITIES (LIFTS) (AMENDMENT) REGULATIONS 2008 | ||
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 24th October, 2008. | ||
I, MARY COUGHLAN, 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 Article 24 of Directive 2006/42/EC of the European Parliament and of the Council 1 of 17 May 2006 on machinery, and amending Directive 95/16/EC 2 (recast), hereby make the following regulations: | ||
1. (1) These Regulations may be cited as the European Communities (Lifts) (Amendment) Regulations 2008. | ||
(2) The European Communities (Lifts) Regulations 1998 ( S.I. No. 246 of 1998 ) and these Regulations may be cited together as the European Communities (Lifts) Regulations 1998 to 2008. | ||
2. These Regulations come into operation on 29 December 2009. | ||
3. Regulation 2 paragraph (1) of the European Communities (Lifts) Regulations 1998 is amended— | ||
(a) by substituting “ ‘Authority’ means the Health and Safety Authority;” for “ ‘the Authority’ means the National Authority for Occupational Safety and Health;”, | ||
(b) by inserting “ ‘carrier’ means a part of the lift by which persons or goods, or both, are supported in order to be lifted or lowered;”, | ||
(c) by substituting “ ‘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, as amended by Article 24 of Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC (recast);” for “ ‘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;”, and | ||
(d) by substituting for the definition of “lift” the following— | ||
“ ‘lift’ means a lifting appliance serving specific levels, having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, intended for the transport of— | ||
(a) persons, | ||
(b) persons and goods, | ||
(c) goods alone if the carrier is accessible, that is to say a person may enter it without difficulty, and fitted with controls situated inside the carrier or within reach of a person inside the carrier, or | ||
(d) lifting appliances moving along a fixed course even where they do not move along guides which are rigid, | ||
but does not include— | ||
(i) lifting appliances whose speed is not greater than 0.15 m/s, | ||
(ii) construction site hoists, | ||
(iii) cableways, including funicular railways, | ||
(iv) lifts specially designed and constructed for military or police purposes, | ||
(v) lifting appliances from which work can be carried out, | ||
(vi) mine winding gear, | ||
(vii) lifting appliances intended for lifting performers during artistic performances, | ||
(viii) lifting appliances fitted in means of transport, | ||
(ix) lifting appliances connected to machinery and intended exclusively for access to workstations including maintenance and inspection points on the machinery, | ||
(x) rack and pinion trains, or | ||
(xi) escalators and mechanical walkways;”. | ||
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GIVEN under my Official Seal, | ||
17 October 2008 | ||
MARY COUGHLAN | ||
Minister for Enterprise, Trade and Employment. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation). | ||
These Regulations come into effect 29 December 2009 and implement Article 24 of Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC of 29 June 1995. (The other provisions of that Directive are transposed into Irish law by the European Communities (Machinery) Regulations 2008). | ||
These Regulations amend the European Communities (Lifts) Regulations 1998 by amending the definitions of “Authority” and “lift”, and insert a new definition for “carrier”. The reference to “Directive 95/16/EC” is updated to include a reference “as amended by Article 24 of Directive 2006/42/EC...” | ||
