Supply of Machinery (Safety) Regulations 2008

Legislative Background

The Supply of Machinery (Safety) Regulations 2008 implemented Directive 2006/42/EC on

machinery. The EU Withdrawal Act 2018 preserves the Regulations and enables them to

be amended so as to continue to function effectively now the UK has left the EU.

Accordingly, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit)

Regulations 20191 fix any deficiencies that arose from the UK leaving the EU (such as

references to EU institutions) and make specific provision for the GB market.

The 2008 Regulations replaced the Supply of Machinery (Safety) Regulations 1995 and

were amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit)

Regulations 2019 to apply solely to the GB market.

There is therefore one set of UK 2008 Regulations, but some of the provisions apply

differently in NI for as long as the Northern Ireland Protocol is in force. References to the

2008 Regulations in this guidance are references to those Regulations as they apply in

Great Britain. For guidance on placing on the Northern Ireland market, please see.

https://www.gov.uk/government/publications/supply-of-machinery-safety-regulations-2008

Scope         

The Regulations apply to:

(a) machinery, described as:

(i) an assembly, fitted with or intended to be fitted with a drive system other than

directly applied human or animal effort, consisting of linked parts or components, at

least one of which moves, and which are joined together for a specific application

(ii) an assembly as referred to in sub-paragraph (i), missing only the components to

connect it on site or to sources of energy and motion

(iii) an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able

to function as it stands only if mounted on a means of transport, or installed in a

building or structure

(iv) assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly

completed machinery, which, in order to achieve the same end, are arranged and

controlled so that they function as an integral whole

(v) an assembly of linked parts or components, at least one of which moves and which

are joined together, intended for lifting loads and whose only power source is

directly applied human effort

(b) interchangeable equipment, described as:

devices which, after the putting into service of machinery or of a tractor, are assembled

with that machinery or tractor by operators themselves in order to change its function or

attribute a new function, in so far as they are not tools

(c) safety components, described as components:

(i) which serve to fulfil a safety function

(ii) which are independently placed on the market

(iii) the failure or malfunction of which endangers the safety of persons; and

(iv) which are not necessary in order for the machinery to function, or for which other

components which do not fall within the previous sub-paragraphs may be

substituted in order for the machinery to function

(d) lifting accessories, described as components or equipment that:

(i) are not attached to lifting machinery

(ii) allow a load to be held

(iii) are placed between the machinery and the load or on the load itself, or are intended

to constitute an integral part of the load; and

(iv) are independently placed on the market

(e) chains, ropes and webbing, described as being:

designed and constructed for lifting purposes as part of lifting machinery or lifting

accessories

Assessment through third-party organizations:

From 1 January 2021, machinery that is conformity assessed by a UK approved body

should be UKCA marked, not CE marked. If the conformity assessment was carried out by

a UK conformity assessment body and the CE marking was affixed to the fully made

product before 1 January 2021, the CE marking can still be used, but the product must be

placed on the GB market before 31 December 20222.

Where the machinery has been assessed by an EU notified body, manufacturers must

continue to use the CE marking. These products may be placed on the GB market until 31

December 2022. Qualifying Northern Ireland goods complying with the legislation as it

applies in Northern Ireland, including affixing the CE marking, may be placed on the GB

market after 31 December 2022. See further detail in Section 11 on Qualifying Northern

Ireland Goods.

Rules around physically affixing the new UKCA marking mirror those which currently apply

for the application of the CE marking although, until 31 December 2023, the UKCA

marking may be affixed to a label affixed to the machinery or a document accompanying

the machinery, rather than being affixed to the machinery itself (even where it is otherwise

possible to affix it to the equipment itself).

Self-declaration:

Where self-declaration of conformity is permitted in the Regulations, manufacturers placing

machinery on the GB market, can affix the UKCA marking on the machinery before placing

it on the GB market. Alternatively, until 31 December 2022, before placing it on the GB

market, manufacturers can affix CE marking based on self-declaration of conformity with

the EU requirements, where permitted.

It is possible to affix both the UKCA marking and the CE marking to the same machinery

on the basis of self-declaration, where permitted, as long as the EU and GB requirements

remain the same. When selling to the EU or placing on the NI market, the CE marking remains mandatory.

Source: https://www.gov.uk/government/publications/supply-of-machinery-safety-regulations-2008

Supply of Machinery (Safety) Regulations 2008: Guidance (GB)

(f) removable mechanical transmission devices, described as:

removable components for transmitting power between self-propelled machinery or a

tractor and another machine by joining them at the first fixed bearing (when such

components are placed on the market with a guard the components and the guard

together shall be regarded as one product).

(g) partly completed machinery, described as:

drive systems and other assemblies which

(a) are almost machinery

(b) cannot in themselves perform a specific application; and

(c) are only intended to be incorporated into or assembled with other machinery or

other partly completed machinery or equipment, thereby forming machinery.