The Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026

2 Amendment of the Supply of Machinery (Safety) Regulations 2008

(1) The Supply of Machinery (Safety) Regulations 2008 are amended as follows. (2) After regulation 1, insert— Extent 1A These Regulations extend to England and Wales and Scotland only. . (3) In regulation 2— (a) after paragraph (1) insert— (1A) In these Regulations “the Machinery Regulation” means Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC. ; (b) omit— (i) the definition of “the 1978 Order”; (ii) in the definition of “enforcement authority”— (aa) in sub-paragraph (a), “in Great Britain,”; (bb) in sub-paragraph (b), “, in Great Britain,”; (cc) sub-paragraph (c); (iii) in the definition of “the Health and Safety Executive”, the words from “(except” to “Ireland)”. (4) For regulation 12A, substitute— Obligations which are met by complying with obligations in the Machinery Regulation 12A (1) In this regulation— (a) any reference to an Article or an Annex is a reference to an Article of, or an Annex to, the Machinery Regulation; (b) “CE marking” means the marking referred to in Article 3(25); (c) “EU standard” means— (i) a harmonised standard, within the meaning of Article 3(24), the reference to which has been published in the Official Journal of the European Union, covering an essential health and safety requirement; or (ii) a common specification, as referred to in Article 20(3); (d) “instructions for use” has the meaning given in Article 3(17). (2) Paragraph (3) applies if, before placing machinery on the market or putting machinery into service, the responsible person ensures that— (a) the machinery meets the essential health and safety requirements applicable to that machinery set out in Annex III; (b) the technical documentation set out in Annex IV, Part A is— (i) drawn up; (ii) prepared in or translated into English; and (iii) available to the enforcement authorities on request for at least 10 years from the date on which the machinery is placed on the market; (c) a procedure for assessing conformity— (i) set out in Article 25(2) has been carried out in respect of the machinery if the machinery is in a category of machinery listed in— (aa) Annex I, Part A; or (bb) Annex I, Part B where there is no designated standard falling within regulation 11(1)(b)(ii) and the machinery is designed and constructed in accordance with an EU standard; or (ii) set out in Article 25(3) has been carried out in respect of the machinery if the machinery is not in a category of machinery referred to in sub-paragraph (aa) or (bb). (d) the EU declaration of conformity— (i) is drawn up in accordance with Article 21; (ii) is prepared in or translated into English; (iii) accompanies the machinery or can be accessed via an internet address or machine-readable code for at least 10 years from the date on which the machinery is placed on the market or put into service; and (iv) is available to the enforcement authorities on request for at least 10 years from the date on which the machinery is placed on the market; (e) the information required by Article 10(5) and 10(6) is provided— (i) on the machinery; or (ii) where the size or nature of the machinery is such that the information required by Article 10(5) or 10(6) cannot be provided on the machinery, on its packaging or in a document accompanying the machinery; (f) the instructions for use are provided in accordance with Article 10(7) and are prepared in or translated into English; and (g) the CE marking is affixed in accordance with Article 24. (3) Where this paragraph applies— (a) the requirements in regulation 7(2) are to be treated as met; (b) regulation 7(2A), (3) and (4) do not apply; (c) regulation 7(5) is to be read subject to the following modifications— (i) sub-paragraph (a) is to be read as referring to the procedure for assessing conformity set out in Annex VII; (ii) the reference in sub-paragraph (b) to a “type-examination certificate” is to be read as a reference to an EU type-examination certificate issued following the procedure for assessing conformity set out in Annex VII; and (iii) the reference to “Annex IX (Part 9 of Schedule 2), point 9” is to be read as a reference to point 7 of Annex VII; (d) regulation 7(6) is to be read subject to the following modifications— (i) sub-paragraph (a) is to be read as referring to the procedure for assessing conformity set out in Annex IX; and (ii) the reference to “Annex X (Part 10 of Schedule 2)” is to be read as a reference to Annex IX; (e) regulations 10 to 12 and 13 to 15 do not apply; (f) regulation 21 is to be read subject to the following modifications— (i) any reference to a “declaration of conformity” is to be read as a reference to the EU declaration of conformity; and (ii) any reference to “UK marking” is to be read as a reference to the CE marking; (g) Part 5 does not apply. (4) The requirements in regulation 8 are to be treated as met if, before placing partly completed machinery on the market, the responsible person ensures that— (a) the partly completed machinery satisfies the essential health and safety requirements applicable to that partly completed machinery set out in Annex III; (b) the technical documentation set out in Annex IV, Part B is— (i) drawn up; (ii) prepared in or translated into English; and (iii) available to the enforcement authorities on request for at least 10 years from the date on which the partly completed machinery is placed on the market; (c) an EU declaration of incorporation— (i) is drawn up in accordance with Article 22; (ii) is prepared in or translated into English; (iii) accompanies the partly completed machinery or can be accessed via an internet address or machine-readable code for at least 10 years from the date on which the partly completed machinery is placed on the market; and (iv) is available to the enforcement authorities for at least 10 years from the date on which the partly completed machinery is placed on the market; (d) the information required by Article 11(5) and (6) is provided— (i) on the partly completed machinery; or (ii) where the size or nature of the partly completed machinery is such that the information required by Article 11(5) or (6) cannot be provided on the partly completed machinery, on its packaging or in a document accompanying the partly completed machinery; (e) the instructions for the assembly of the partly completed machinery— (i) meet the requirements set out in Annex XI; (ii) are provided in accordance with Article 11(7); and (iii) are prepared in or translated into English. . (5) For regulation 12B, substitute— Further use of the UK marking 12B (1) In this regulation— (a) any reference to an Article or an Annex is a reference to an Article of, or an Annex to, the Machinery Regulation; (b) “EU standard” means— (i) a harmonised standard, within the meaning of Article 3(24), the reference to which has been published in the Official Journal of the European Union, covering an essential health and safety requirement; or (ii) a common specification, as referred to in Article 20(3); (c) “instructions for use” has the meaning given in Article 3(17). (2) Paragraph (3) applies if, before placing machinery on the market or putting machinery into service, the responsible person ensures that— (a) the machinery meets the essential health and safety requirements applicable to that machinery set out in Annex III; (b) the technical documentation set out in Annex IV, Part A is— (i) drawn up; (ii) prepared in or translated into English; and (iii) available to the enforcement authorities on request for at least 10 years from the date on which the machinery is placed on the market; (c) a procedure for assessing conformity— (i) set out in Article 25(2) has been carried out in respect of the machinery if the machinery is in a category of machinery listed in— (aa) Annex I, Part A; or (bb) Annex I, Part B where there is no designated standard falling within regulation 11(1)(b)(ii) and the machinery is designed and constructed in accordance with an EU standard; or (ii) set out in Article 25(3) has been carried out in respect of the machinery if the machinery is not in a category of machinery referred to in sub-paragraph (aa) or (bb); (d) the information required by Article 10(5) and 10(6) is provided— (i) on the machinery; or (ii) where the size or nature of the machinery is such that the information required by Article 10(5) or 10(6) cannot be provided on the machinery, on its packaging or in a document accompanying the machinery; (e) the instructions for use are provided in accordance with Article 10(7) and are prepared in or translated into English. (3) Where this paragraph applies— (a) the requirements in regulation 7(2)(a) to (d) are to be treated as met; (b) regulations 10 to 12 do not apply; (c) regulations 7(2)(f)(ii), (5) and (6) and 13 and Part 2 of Schedule 2 apply subject to the modifications in paragraph (4). (4) The modifications referred to in paragraph (3)(c) are that— (a) in regulation 7(2)(f)(ii), the reference to Part 3 of Schedule 2 is to be read as a reference to the first paragraph of that Part; (b) in regulation 7(5)— (i) sub-paragraph (a) is to be read as referring to the procedure for assessing conformity set out in Annex VII; (ii) the reference in sub-paragraph (b) to a “type-examination certificate” is to be read as a reference to an EU type-examination certificate issued following the procedure for assessing conformity set out in Annex VII; and (iii) the reference to “Annex IX (Part 9 of Schedule 2), point 9” is to be read as a reference to point 7 of Annex VII; (c) in regulation 7(6)— (i) sub-paragraph (a) is to be read as referring to the procedure for assessing conformity set out in Annex IX; and (ii) the reference to “Annex X (Part 10 of Schedule 2)” is to be read as a reference to Annex IX; (d) in section 1, Part A of Part 2 of Schedule 2— (i) in point 4— (aa) the reference to the “relevant provisions of these Regulations” is to be read as including the Machinery Regulation; (bb) in the second place in which it occurs, the reference to “relevant provisions” is to be read as including a reference to other provisions of European Union legislation with which the machinery complies, where applicable; (ii) point 5 is to be read as requiring— (aa) the name, address and identification number of the conformity assessment body which undertook the procedure for assessing conformity set out in Annex VII; and (bb) the number of the EU type-examination certificate issued pursuant to that procedure; (iii) point 6 is to be read as requiring the name, address and identification number of the conformity assessment body which undertook the procedure for assessing conformity set out in Annex IX; (iv) in point 7, the reference to “designated standards” is to be read as a reference to EU standards; and (v) the second paragraph of Part 3 of Schedule 2 does not apply. . (6) For regulation 12C, substitute— Qualifying Northern Ireland Goods 12C (1) In this regulation— (a) “the 2026 Regulations” means the Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026; (b) “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018. (2) The requirements of Part 3, other than those in regulations 12A, 12B and this regulation are treated as met if— (a) the responsible person ensures that the requirements, as applied in Northern Ireland by Part 3 of the 2026 Regulations, in— (i) Article 10 are met in relation to machinery; or (ii) Article 11 are met in relation to partly completed machinery; (b) the machinery or partly completed machinery is qualifying Northern Ireland goods; and (c) the responsible person ensures that their name and address or the name and address of their authorised representative are on a document accompanying the machinery or partly completed machinery. . (7) Omit— (a) regulation 21(2)(b); (b) in Schedule 5— (i) in paragraphs 1, 2 and 3, “in Great Britain”; (ii) in paragraph 13, “in Great Britain,”; (iii) paragraphs 4, 5, 9 and 10; (iv) in paragraphs 11 and 12, “, Northern Ireland district councils”; (v) in paragraph 12(c), “or Northern Ireland district council”; (vi) paragraph 13(b); (vii) in paragraph 14(1), “or Northern Ireland”; (viii) paragraph 14(5)(b); (ix) in the text following paragraph 14(5)(b), the words from “, or Article” to “case)”; (x) in paragraph 17, “, the 1978 Order” (twice).