Part 1 Preliminary

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026.

(2) These Regulations come into force on 20th January 2027.

(3) This Part extends to England and Wales, Scotland and Northern Ireland.

(4) Part 2 extends to England and Wales and Scotland only.

(5) Part 3 extends to Northern Ireland only.

Part 2 Provisions that extend to England and Wales and Scotland

Amendment of the Supply of Machinery (Safety) Regulations 2008

2.—(1) The Supply of Machinery (Safety) Regulations 2008(3) 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).

Transitional provision

3. Despite the changes made by regulation 2—

(a)machinery or partly completed machinery that was placed on the market in Great Britain or Northern Ireland, or on the EU market—

(i)before the day on which these Regulations come into force; and

(ii)in accordance with the requirements in regulation 12A, 12B or 12C of the Supply of Machinery (Safety) Regulations 2008, as those regulations had effect when the machinery or partly completed machinery was placed on the market,

may continue to be made available on the market in Great Britain;

(b)any obligation to which a person was subject under the Supply of Machinery (Safety) Regulations 2008 immediately before the day on which these Regulations come into force, in respect of machinery or partly completed machinery falling within paragraph (a), continues to apply to that person on and after that day as it did immediately before that day.

Part 3 Provisions that extend to Northern Ireland

Interpretation

4.—(1) In this Part—

“ the 2021 Regulations ” means the Market Surveillance (Northern Ireland) Regulations 2021 ( 4 );

“ district council ” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ( 5 );

“ enforcer ” means any person mentioned in regulation 9;

“ the HSENI ” means the Health and Safety Executive for Northern Ireland, established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 ( 6 );

“ the Machinery Regulation ” means of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Regulation (EU) 2023/1230 of the European Parliament and of the Council and Council Directive Directive 2006/42/EC 73/361/EEC ( 7 );

“ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 ( 8 );

“ UK notified body ” means a conformity assessment body established in the United Kingdom that—

(2) Any expression used in this Part which appears in the Machinery Regulation has the same meaning as in the Machinery Regulation.

(3) Any reference to an Article or an Annex in this Part is a reference to an Article of, or an Annex to, the Machinery Regulation.

UK(NI) indication

5.—(1) The UK(NI) indication must be affixed to machinery or a related product where, in respect of that machinery—

(a)a UK notified body has undertaken any of the conformity assessment procedures referred to in Article 25;

(b)compliance with the essential health and safety requirements has been demonstrated by that conformity assessment procedure; and

(c)the CE marking is affixed in accordance with Article 24.

(2) The UK(NI) indication must be affixed—

(a)visibly, legibly and indelibly;

(b)next to the CE marking;

(c)before the machinery or related product is placed on the market in Northern Ireland; and

(d)by the manufacturer or the manufacturer’s authorised representative.

(3) An importer must ensure that the UK(NI) indication is affixed in accordance with this regulation before they place machinery or a related product on the market in Northern Ireland.

UK notified bodies

6. —(1) In Article 34(5), the reference to “ objections ” does not include objection on the grounds that—

(a)the conformity assessment body is established in the United Kingdom; or

(b)the accreditation certificate was issued by the UK national accreditation body.

(2) Where a UK notified body undertakes a conformity assessment procedure referred to in Article 25, the notified body identification number referred to in Articles 24 and 46(1)(c) and Annexes VII, IX and X is the number referred to in regulation 7(1)(a).

Register of UK notified bodies

7.—(1) The Secretary of State must ensure that—

(a)each UK notified body is assigned an identification number; and

(b)there is a register of—

(i)UK notified bodies;

(ii)their notified body identification number;

(iii)the activities for which they have been notified; and

(iv)any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1)(b) is maintained and made publicly available.

(3) The Secretary of State may authorise the UK national accreditation body to compile and maintain the register referred to in paragraph (1)(b).

Designation of market surveillance authority

8. For the purposes of the Machinery Regulation, an enforcer is a market surveillance authority.

Enforcement

9.—(1) The HSENI must enforce the Machinery Regulation and regulation 5 in respect of a product for use at work.

(2) Subject to paragraph (3), a district council must enforce the Machinery Regulation and regulation 5 within its area in respect of a product not for use at work.

(3) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce the Machinery Regulation and regulation 5 in respect of a product not for use at work.

(4) In this regulation—

“ product ” means machinery, a related product or partly completed machinery;

“ use at work ” means, in relation to a product, use or operation—

and for these purposes, “ at work ” has the same meaning as it does under or by virtue of section 52 of the Health and Safety at Work etc. Act 1974 ( 9 ) for the purposes of Part 1 of that Act .

Amendment to the 2021 Regulations

10. For regulation 6(j) of the 2021 Regulations, substitute—

“(j)regulation 9 of the Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026;”.

Modification to the 2021 Regulations

11. Paragraphs 3 to 5 of Schedule 6 to the 2021 Regulations apply as if any reference to “ an offence under these Regulations ” includes an offence under regulation 12 of these Regulations.

Offences

12.—(1) It is an offence for an economic operator to contravene any obligation set out in—

(a)Article 10 (obligations of manufacturers of machinery and related products);

(b)Article 11 (obligations of manufacturers of partly completed machinery);

(c)Article 13 (obligations of importers of machinery and related products);

(d)Article 14 (obligations of importers of partly completed machinery);

(e)Article 15 (obligations of distributors of machinery and related products);

(f)Article 16 (obligations of distributors of partly completed machinery);

(g)Article 18 (other cases in which obligations of manufacturers apply);

(h)Article 19 (identification of economic operators);

(i)Article 23 (general principles of the CE marking);

(j)Article 24 (rules for affixing the CE marking to machinery and related products).

(2) Where an enforcer makes one of the following findings in relation to machinery or a related product, the enforcer must require the relevant economic operator to remedy the non-compliance within such reasonable period as the enforcer specifies—

(a)the UK(NI) indication has not been affixed, in contravention of regulation 5; or

(b)the UK(NI) indication has been affixed otherwise than in accordance with regulation 5.

(3) The enforcer must not take any other enforcement action against the economic operator in respect of the non-compliance referred to in paragraph (2) until the period specified by the enforcer has elapsed.

(4) Where the non-compliance referred to in paragraph (2) persists beyond the period specified by the enforcer, the enforcer must take appropriate measures to ensure that the machinery or related product is withdrawn or recalled.

(5) It is an offence for an economic operator to contravene any obligation set out in regulation 5 but no proceedings for such an offence may be brought against the economic operator unless the economic operator has been required by the enforcer to remedy the non-compliance in accordance with paragraph (2) and has failed to do so within the period specified by the enforcer under that paragraph.

Penalties

13. A person who commits an offence under regulation 12 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

Disclosure of information to the Commission and member States

14.—(1) Where there is an obligation in the Machinery Regulation to disclose information to the Commission or member States (or both), that obligation may be met by—

(a)an enforcer that is not the Secretary of State disclosing that information to the Secretary of State and the Secretary of State in turn disclosing that information to the Commission or member States (or both); or

(b)the Secretary of State disclosing that information to the Commission or member States (or both).

(2) Except as provided in paragraph (3), disclosure of information under paragraph (1) does not breach—

(a)any obligation of confidence owed by the person making the disclosure; or

(b)any other restriction on the disclosure of information, however imposed.

(3) This regulation does not authorise a disclosure of information if the disclosure of information would contravene the data protection legislation, but in determining whether a disclosure would do so, the power to disclose information under this regulation must be taken into account.

(4) This regulation does not affect any power or duty of an enforcer to disclose information under any other enactment.

(5) In this regulation—

“ the Commission ” means the Commission of the European Union; and

“ data protection legislation ” has the same meaning as it has in section 3 of the Data Protection Act 2018 ( 10 ).

Revocation and transitional provisions

15.—(1) The Supply of Machinery (Safety) Regulations 2008 are revoked.

(2) Despite paragraph (1)—

(a)machinery or partly completed machinery that was placed on the market in Northern Ireland or on the EU market—

(i)before the day on which these Regulations come into force; and

(ii)in accordance with the requirements in the Supply of Machinery (Safety) Regulations 2008, as those Regulations had effect in Northern Ireland when the machinery or partly completed machinery was placed on the market,

may continue to be made available on the market in Northern Ireland;

(b)any obligation to which a person was subject under the Supply of Machinery (Safety) Regulations 2008 immediately before the day on which these Regulations come into force, in respect of machinery or partly completed machinery falling within paragraph (a), continues to apply to that person on and after that day as it did immediately before that day.