European Communities (Low Voltage Electrical Equipment) Regulations, 1992

• Jurisdiction: Ireland
• Year: 1992
• Citation: IR SI 428/1992

S.I. No. 428 of 1992.
EUROPEAN COMMUNITIES (LOW VOLTAGE ELECTRICAL EQUIPMENT) REGULATIONS, 1992.
I, PADRAIG FLYNN, Minister for Industry and Commerce, 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 Council Directive 73/23/EEC of 19 February, 1973 on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, hereby make the following regulations:
	1 Short Title	1. These Regulations may be cited as the European Communities (Low Voltage Electrical Equipment) Regulations, 1992, and shall come into operation on the 31st day of December, 1992.
	2 Interpretation	2. (1) In these Regulations—
"authorised officer" means a person appointed under Regulation 12;
"the Council Directive" means Council Directive 73/23/EEC of 19 February, 1973;*
*OJ No. L77/29,26.3.73.
"the Director" means the Director of Consumer Affairs;
"electrical equipment" means any equipment designed for use with a voltage rating of between 50 volts and 1000 volts for alternating current and between 75 volts and 1500 volts for direct current but does not include any electrical equipment which is specified in the Second Schedule to these Regulations;
"Eolas" means Eolas — The Irish Science and Technology Agency;
"harmonised standards" means standards of safety—
( a ) which have been drawn up by common agreement between the electrotechnical harmonising bodies notified by the Member States,
( b ) which have been published in accordance with the Industrial Research and Standards Act, 1961 (No. 20 of 1961), and revised from time to time, or have been filed with Eolas, and
( c ) notice of the existence of which has been published by the Minister in Iris Oifigiúil;
"International Standards Body" means the International Commission on the Rules for the Approval of Electrical Equipment (CEE) or the International Electrotechnical Commission (IEC);
"the Minister" means the Minister for Industry and Commerce;
"National Standards Organisation" means, in relation to the State, Eolas and, in relation to any other Member State, the organisation within that State which is authorised to publish safety standards for electrical equipment;
"placing on the market" has the meaning assigned to it by Regulation 3;
"standard" means a technical specification available to the public and published by an International Standards Body or a National Standards Organisation.
(2) In these Regulations, unless the context otherwise requires, a reference to a Regulation is to a Regulation of these Regulations and a reference to a paragraph is to a paragraph of the Regulation in which the reference occurs.
	3 Placing on the market	3. In these Regulations "placing on the market" means—
( a ) import,
( b ) sell (whether by wholesale or retail),
( c ) offer or expose for such sale,
( d ) distribute free of charge, or
( e ) supply by a manufacturer for any of those purposes,
and cognate words shall be construed accordingly.
	4 Prohibition on marketing of unsafe electrical equipment	4. (1) No person shall place on the market any electrical equipment unless, having been constructed in accordance with the principles of good engineering practice in safety matters, it does not endanger the safety of persons, domestic animals or property.
(2) In deciding whether electrical equipment complies with the requirements of paragraph (1) due regard shall be had to—
( a ) the safety objectives referred to in the First Schedule to these Regulations,
( b ) the method of installation and maintenance intended for the equipment as indicated on the equipment or on a separate notice accompanying the equipment,
( c ) the uses for which such equipment is stated to be suitable as indicated on the equipment or on a separate notice accompanying the equipment.
(3) In deciding whether electrical equipment complies with the requirements of paragraph (1) regard shall not be had to the radio-interference characteristics of the equipment.
(4) Where the Minister or the Director is of opinion that a person is placing electrical equipment on the market in contravention of this Regulation, he may by direction in writing given to that person prohibit him from placing the equipment on the market and he may, if he thinks fit, cause a notice to be published in at least one national daily newspaper notifying the public of the prohibition.
(5) Where the Minister or the Director is of opinion that electrical equipment has been placed on the market by any person in contravention of these Regulations he may by direction in writing given to that person require him to recover the equipment from any person in whose possession it may be and he may, if he thinks fit, cause a notice to be published in at least one national newspaper notifying the public of the requirement.
(6) The Minister or the Director may, as he thinks fit, withdraw a direction given by him under paragraph (4) or (5).
(7) Any person who is affected by a direction given under paragraph (4) or (5) may appeal to the High Court against the direction and the Court, as it thinks proper, may annul or confirm the direction.
(8) A document purporting to be a direction given by the Minister or the Director under paragraph (4) or (5) and to be signed by the Minister or the Director (as the case may be) shall be received in evidence and deemed to be such a direction without further proof, unless the contrary is shown.
	5 Harmonised standards	5. Electrical equipment which complies with the provisions of harmonised standards shall be deemed to comply with the requirements specified in Regulation 4.
	6 Provision in the absence of harmonised standards	6. (1) Where there are no relevant harmonised standards, electrical equipment which complies with the safety provisions of standards which have been published by the International Commission on the Rules for the approval of Electrical Equipment (CEE) or the International Electrotechnical Commission (IEC) and which have been published in the Official Journal of the European Communities, shall be regarded as complying with the provisions of Regulation 4.
(2) Where—
( a ) there are no relevant harmonised standards, and
( b ) no relevant standard of an international standards
body has been published,
electrical...