Statutory Instruments
2020 No. 676
Exiting The European Union
Consumer Protection
Electromagnetic Compatibility
Environmental Protection
Hallmark
Health And Safety
Market Standards
Accreditation Of Services
Offshore Installations
Telecommunications
Weights And Measures
The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020
Made
at 11.50 a.m. on 2nd July 2020
Laid before Parliament
at 14.15 p.m. on 2nd July 2020
Coming into force in accordance with regulation 1(1)
The Secretary of State makes the following Regulations in exercise of powers conferred by section 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018( 1 ).
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 and come into force immediately before IP completion day.
(2) In these Regulations “the 2019 Regulations” means the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019( 2 ).
Amendment to extent of 2019 Regulations
2. —(1) For regulation 2 of the 2019 Regulations substitute—
“ 2. Subject to regulation 3, these Regulations extend to England and Wales and Scotland only. ” .
(2) For regulation 3 of the 2019 Regulations substitute—
“ Provisions that extend to the United Kingdom
3. The following provisions extend to the United Kingdom—
(a) Part 1;
(b) regulation 4 and Schedule 1;
(c) Part 5 and its related schedules, except—
(i) paragraphs 29 to 40 of Schedule 34 (cosmetic product enforcement);
(ii) paragraphs 1 and 2 of Schedule 35 (personal protective equipment enforcement);
(iii) paragraph 1 of Schedule 36 (gas appliances enforcement);
(d) Part 6 and its related schedule. ” .
Omission of Part 4 of the 2019 Regulations (amendment of subordinate legislation relating to Northern Ireland)
3. Omit Part 4 of the 2019 Regulations.
Amendments to definition of the market
4. —(1) The 2019 Regulations are amended as follows.
(2) In Schedule 9 (general product safety), in paragraph 2(c), in the inserted definition of “the market” for “United Kingdom market” substitute “market of Great Britain”.
(3) In Schedule 12 (machinery), in paragraph 4—
(a) for paragraph 4(a), substitute—
“ (a) in the heading for “the EEA” substitute “Great Britain”; ” ;
(b) in paragraph 4(b) for “the United Kingdom” substitute “Great Britain”.
(4) In Schedule 15 (toys)—
(a) for paragraph 4(h), substitute—
“ (h) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 4(k), substitute—
“ (k) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” .
(5) In Schedule 16 (explosives)—
(a) for paragraph 2(2)(m) substitute—
“ (m) in the definition of “making available on the market” for “in an EEA state” substitute “of Great Britain”; ” ;
(b) for paragraph 2(2)(o) substitute—
“ (o) in the definition of “place on the market” for “in an EEA state” substitute “of Great Britain”; ” .
(6) In Schedule 17 (weights and measures revocation) in both places in which it occurs, for “the United Kingdom” substitute “Great Britain”.
(7) In Schedule 19 (pyrotechnic articles)—
(a) for paragraph 2(2)(k) substitute—
“ (k) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(n) substitute—
“ (n) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” .
(8) In Schedule 20 (electromagnetic compatibility)—
(a) for paragraph 2(2)(m) substitute—
“ (m) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(q) substitute—
“ (q) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” .
(9) In Schedule 21 (simple pressure vessels)—
(a) for paragraph 2(2)(k) substitute—
“ (k) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(o) substitute—
“ (o) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” .
(10) In Schedule 22 (lifts)—
(a) for paragraph 2(2)(n) substitute—
“ (n) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(r) substitute—
“ (r) in the definition of “place on the market” for “EU market” substitute “market of Great Britain” in both places in which it occurs; ” .
(11) In Schedule 23 (electrical equipment)—
(a) for paragraph 2(2)(i) substitute—
“ (i) in the definition of “making available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(k) substitute—
“ (k) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” .
(12) In Schedule 24 (pressure equipment)—
(a) for paragraph 2(2)(m) substitute—
“ (m) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(p) substitute—
“ (p) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” .
(13) In Schedule 25 (equipment etc. for use in potentially explosive atmospheres)—
(a) for paragraph 2(2)(q) substitute—
“ (q) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(u) substitute—
“ (u) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” .
(14) In Schedule 26 (non-automatic weighing instruments)—
(a) for paragraph 2(2)(n) substitute—
“ (n) in the definition of “make available on the market” for “European Economic Area market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(r) substitute—
“ (r) in the definition of “place on the market” for “in the European Economic Area” substitute “of Great Britain”; ” .
(15) In Schedule 27 (measuring instruments)—
(a) for paragraph 2(2)(t)(ii) substitute—
“ (ii) for “the European Economic Area market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(bb)(ii) substitute—
“ (ii) for “, in the European Economic Area” substitute “of Great Britain”; ” .
(16) In Schedule 28 (recreational craft)—
(a) for paragraph 2(2)(o) substitute—
“ (o) in the definition of “making available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(r) substitute—
“ (r) in the definition of “placing on the market” for “EU market” substitute “market of Great Britain”; ” ;
(c) for paragraph 2(2)(t) substitute—
“ (t) in the definition of “putting into service” for “EU market” substitute “market of Great Britain”; ” ;
(d) in paragraph 60, in the substituted Article 6(1) for “United Kingdom market” substitute “market of Great Britain”.
(17) In Schedule 29 (radio equipment)—
(a) for paragraph 2(2)(p) substitute—
“ (p) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”; ” ;
(b) for paragraph 2(2)(t) substitute—
“ (t) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”; ” ;
(c) for paragraph 2(2)(u) substitute—
“ (u) in the definition of “put into service” for “the EU” substitute “Great Britain”; ” .
Paul Scully
Parliamentary Under Secretary of State
Department for Business, Energy and Industrial Strategy
At 11.50 a.m. on 2nd July 2020
2018 c. 16 ; section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) ; paragraph 21 of Schedule 7 was amended by section 41(4) and Schedule 5, paragraph 53(2) of the 2020 Act; there are other amendments not relevant to these Regulations.
S.I. 2019/696 , amended by S.I. 2019/1246 .