S.I. No. 232/2017 - European Union (Lifts and Safety Components for Lifts) Regulations 2017.

1. Conformity to type based on production quality assurance for lifts is the part of the conformity assessment procedure whereby a notified body assesses the production quality system of a installer to ensure that the lifts installed are in conformity with the approved type as described in the EU-type examination certificate or with a lift designed and manufactured under a quality system approved in accordance with Schedule 11, and satisfy the applicable essential health and safety requirements set out in Schedule 1.

2. Obligations of the installer

The installer shall operate an approved quality system for manufacture, assembly, installation, final inspection and testing of the lifts as specified in point 3, and shall be subject to surveillance as specified in point 4.

3.

Quality system

3. 4.2. The notified body shall assess the modifications proposed and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.

It shall notify its decision to the installer or, where appropriate, to his authorised representative. The notification shall contain the conclusions of the assessment and the reasoned assessment decision.

The notified body shall affix, or cause to be affixed, its identification number adjacent to the CE marking in accordance with Articles 18 and 19.

4.

Surveillance under the responsibility of the notified body

4. 4. Additionally, the notified body may pay unexpected visits to the installer. During such visits the notified body may, where necessary carry out tests, or have them carried out, in order to verify that the quality system is functioning correctly. The notified body shall provide the installer with a visit report and, if tests have been carried out, with a test report.

5. The installer shall, keep at the disposal of the national authorities for a period ending of 10 years after the lift has been placed on the market

(a) the documentation referred to in point 3.1(c);

(b) the technical documentation referred to in point 3.1(d);

(c) the information relating to the changes referred to in point 3.4.1;

(d) the decisions and reports from the notified body which are referred to in the second paragraph of points 3.4.2., and in points 4.3 and 4.4.

6. Each notified body shall inform its notifying authority of quality system approval decision(s) issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority the list of approval decisions refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies of quality system approval decision(s) which it has refused, suspended or withdrawn, and, upon request, of approval decision(s) which it has issued.

On request, the notified body shall provide the Commission and the Member States with a copy of quality system approval decision(s) issued.

7.

CE marking and EU declaration of conformity

7. 2. The installer shall draw up a written EU declaration of conformity for each lift and keep a copy of the EU declaration of conformity at the disposal of the national authorities for 10 years after the placing on the market of the lift. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

8. Authorised representative

The installer’s obligations set out in points 3.1, 3.4.1, 5 and 7 may be fulfilled by his authorised representative, on his behalf and under his responsibility, provided that they are specified in the mandate.

Regulation 2

SCHEDULE 13

TEXT OF ANNEX XIV TO THE DIRECTIVE

CORRELATION TABLE

Directive 95/16/EC

Directive 2014/33/EU

Article 1(1)

Article 1(1), first subparagraph

—

Article 1(1), second subparagraph

Article 1(2), first subparagraph

Article 2(1)

Article 1(2), second subparagraph

Article 1(1)

Article 1(2), third subparagraph

Article 1(3)

Article 1(2)

Article 1(4), first indent of first subparagraph

Article 2(6)

Article 1(4), second indent of first subparagraph

Article 2(5)

Article 1(4), fourth indent of first subparagraph

Article 2(7)

Article 1(4), fifth indent of first subparagraph

Article 2(3)

Article 1(4), second subparagraph

Article 16(3)

Article 1(4), third subparagraph

Article 16(4)

Article 1(5)

Article 1(3)

—

Article 2(1)

Article 2(1), first indent

Article 4(1)

Article 2(1), second indent

Article 4(2)

Article 2(2)

Article 6(1)

Article 2(3)

Article 6(2)

Article 2(4)

Article 3(3)

Article 2(5)

Article 3(2)

Article 3, first paragraph

Article 5(1)

Article 3, second paragraph

Article 5(2)

Article 4(1)

Article 3(1)

Article 4(2)

—

—

Articles 7 to 14

Article 5(1)

Article 14

Article 6(1) and (2)

—

Article 6(3) and (4)

Article 42

Article 7(1), first subparagraph

Article 38(1)

Article 7(1), second subparagraph

Article 38(5)

Article 7(2), first subparagraph

Article 39(3)

Article 7(3)

Article 7(4)

Article 40(4)

Article 8(1)(a)

Article 15

Article 8(1)(b) and (c)

—

Article 8(2)

Article 16

Article 8(3), first and third indents

Article 17(2) and Article 19(3)

Article 8(3), second indent

Article 7(3)

Article 8(4)

—

Article 8(5)

Article 12

Article 9(1)

Article 20

Article 9(2)

Article 9(3)

Article 30(1)

—

Article 10(1)

—

Article 10(2)

Article 19(1)

Article 10(3)

—

Article 10(4)(a)

Article 41(1)(a)

Article 10(4)(b)

—

Article 11

—

—

Article 43

Article 12

—

Article 13

—

Article 14

—

Article 15(1) and (2)

—

Article 15(3)

Article 45(2)

Article 16

Article 46

Article 17

Article 49

Annex I

Annex I

Annex II, Part A

Annex II, Part A

Annex II, Part B

Annex II, Part B

Annex III

Article 18

Annex IV

Annex III

Annex V, Part A

Annex IV, Part A

Annex V, Part B

Annex IV, Part B

Annex VI

Annex V

Annex VII

—

Annex VIII

Annex VI

Annex IX

Annex VII

Annex X

Annex VIII

Annex XI

Annex IX

Annex XII

Annex X

Annex XIII

Annex XI

Annex XIV

Annex XII

—

Annex XIII

—

Annex XIV

GIVEN under my Official Seal,

26 May 2017.

MARY MITCHELL O’CONNOR,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations transpose into national legislation the provisions of Directive 2014/33/EU, which set out the requirements for the making available on the market and putting into service, as well as the essential health and safety requirements relating to the design and installation of lifts and the manufacture of and making available on the market of safety components for lifts. These Regulations also set out the obligations on economic operators in relation to these products and the required conformity assessment procedures for such products. These Regulations also give further effect to Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93 and include duties to have proper market surveillance procedures consistent with EU Regulation 765/2008.

The provisions of the Regulations come into immediate effect with the exception of Regulation 7(3) relating to the provisions of a refuge or free space beyond the extreme positions of a lift, which shall come into operation from 1 November 2017.

The Regulations do not impede the making available on the market of products covered by Directive 95/16/EC which are in conformity with that Directive and which were placed on the market before 20 April 2016.

The Regulations revoke and replace the European Communities (Lifts) Regulations 1998, (

S.I. No. 246 of 1998

) and European Communities (Lifts) (Amendment) Regulations 2008 (

S.I. No. 406 of 2008

).

1 OJ No. L 96, 29.3.2014, p.251.

2 OJ No. L 218, 13.8.2008, p.30.

3 OJ No. L 213, 7.9.1995, p.1.

4 OJ No. L 316, 14.11.2012, p.12.

5 OJ L 157, 9.6.2006, p. 24.

9. Each notified body shall inform its notifying authority concerning the EU-type examination certificates and any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority the list of such certificates and any additions thereto refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies concerning the EU-type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates and additions thereto which it has issued.

10. The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EU-type examination certificates and additions thereto. On request, the Commission and the Member States may obtain a copy of the technical documentation and of the report on the examinations, verifications and tests carried out by the notified body.

11. The installer shall keep with the technical documentation a copy of the EU-type examination certificates, its annexes and additions at the disposal of the national authorities for 10 years after the lift has been placed on the market.

12. Authorised representative

The installer’s authorised representative may lodge the application referred to in point 2 and fulfil the obligations set out in points 8 and 11, provided that they are specified in the mandate.

Regulations 17, 18 and 20

SCHEDULE 5

TEXT OF ANNEX V TO THE DIRECTIVE

FINAL INSPECTION FOR LIFTS

13. An importer or distributor shall be considered a manufacturer for the purposes of the Directive or these Regulations, and shall be subject to the obligations of the manufacturer under Regulation 9, where that importer or distributor—

(

a

) places a safety component on the market under the importer or distributor’s name or trade mark, or

(

b

) modifies a safety component already placed on the market in such a way that compliance with the Directive or these Regulations may be affected.

Identification of economic operators

14. An economic operator shall—

(

a

) on request, identify to a competent authority any economic operator—

(i) who has supplied the first named economic operator with a safety component, or

(ii) to whom the first named economic operator has supplied a safety component, and

(

b

) be able to present the information referred to in paragraph (

a

) for 10 years after the first named economic operator has been supplied with, or who has supplied, the safety component.

PART 3

CONFORMITY OF PRODUCTS

Presumption of conformity on the basis of harmonised standards

15. Without prejudice to the powers of the State under Articles 38 and 40 of the Directive, a lift or safety component which is in conformity with harmonised standards, or part thereof, the references to which have been published in the Official Journal, shall be presumed to be in conformity with the essential health and safety requirements set out in Annex I to the Directive, the text of which is set out in Schedule 1 to these Regulations, covered by those standards, or parts thereof.

Conformity assessment procedures for safety components

16. Safety components shall be subject to one of the following conformity assessment procedures

(

a

) the model of the safety component shall be submitted for EU type examination set out in Annex IV Part A to the Directive, the text of which is set out in Schedule 4 to these Regulations and the conformity to type shall be ensured with random checking of the safety component set out in Annex IX to the Directive, the text of which is set out in Schedule 9 to these Regulations;

(

b

) the model of the safety component shall be submitted for EU type examination set out in Annex IV Part A to the Directive, the text of which is set out in Schedule 4 to these Regulations and be subject to conformity to type based on product quality assurance in accordance with Annex VI to the Directive, the text of which is set out in Schedule 6 to these Regulations; or

(

c

) conformity based on full quality assurance set out in Annex VII to the Directive, the text of which is set out in Schedule 7 to these Regulations.

Conformity assessment procedures for lifts

17. (1) Lifts shall be subject to one of the following conformity assessment procedures

(

a

) if they are designed and manufactured in accordance with a model lift that has undergone an EU-type examination set out in in Annex IV Part B to the Directive, the text of which is set out in Schedule 4 to these Regulations, the lifts shall be subject to—

(i) final inspection for lifts set out in Annex V to the Directive, the text of which is set out in Schedule 5 to these Regulations,

(ii) conformity to type based on product quality assurance for lifts set out in Annex X to the Directive, the text of which is set out in Schedule 10 to these Regulations, or

(iii) conformity to type based on production quality assurance for lifts set out in Annex XII to the Directive, the text of which is set out in Schedule 12 to these Regulations;

(

b

) if they are designed and manufactured under a quality system approved in accordance with Annex XI to the Directive, the text of which is set out in Schedule 11 to these Regulations, the lifts shall be subject to—

(i) final inspection for lifts set out in Annex V to the Directive, the text of which is set out in Schedule 5 to these Regulations,

(ii) conformity to type based on product quality assurance for lifts set out in Annex X to the Directive, the text of which is set out in Schedule 10 to these Regulations, or

(iii) conformity to type based on production quality assurance for lifts set out in Annex XII to the Directive, the text of which is set out in Schedule 12 to these Regulations;

(

c

) conformity based on unit verification for lifts set out in Annex VIII to the Directive, the text of which is set out in Schedule 8 to these Regulations; or

(

d

) conformity based on full quality assurance plus design examination for lifts set out in Annex XI to the Directive, the text of which is set out in Schedule 11 to these Regulations.

(2) In the cases referred to in paragraphs 1(

a

) and (

b

), where the person responsible for the design and manufacture of the lift and the person responsible for the installation and testing of the lift are not the same, the former shall supply to the latter all the necessary documents and information to enable the latter to ensure correct and safe installation and testing of the lift.

(3) All permitted variations between the model lift and the lifts forming part of the lifts derived from the model lift shall be clearly specified (with maximum and minimum values) in the technical documentation.

(4) By calculation or on the basis of design plans it is permitted to demonstrate the similarity of a range of equipment to satisfy the essential health and safety requirements set out in Annex I to the Directive, the text of which is set out in Schedule 1 to these Regulations.

EU declaration of conformity

18. (1) An EU declaration of conformity for a lift or a safety component shall—

(

a

) state that the fulfilment of the essential health and safety requirements set out in Annex I to the Directive, the text of which is set out in Schedule 1 to these Regulations, has been demonstrated,

(

b

) have the model structure set out in Annex II to the Directive, the text of which is set out in Schedule 2 to these Regulations,

(

c

) contain the elements specified in the relevant Annexes V to XII to the Directive, the texts of which are set out in Schedules 5 to 12 of these Regulations,

(

d

) be continuously updated, and

(

e

) be translated into the language or the languages required by the Member State in which the lift or the safety component is placed or made available on the market.

(2) Where a product is subject to more than one European Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such European Union acts and that declaration shall contain the identification of the European Union acts concerned including their publication references.

(3) By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the safety component and the installer shall assume responsibility for the compliance of the lift with the requirements laid down in the Directive or these Regulations.

General principles of the CE marking

19. The CE marking when affixed to a lift or a safety component is subject to the general principles set out in Article 30 of Regulation (EC) No. 765/2008.

Rules and conditions for affixing the CE marking and other markings

20. (1) Subject to paragraph (2), before a lift or safety component is placed on the market, the CE marking shall be affixed visibly, legibly and indelibly to each lift car and to each safety component.

(2) Where it is not possible to affix the CE marking to a safety component, before the component is placed on the market, the CE marking shall be affixed to a label inseparably attached to the component.

(3) The CE marking on lifts shall be followed by the identification number of the notified body involved in any of the following conformity assessment procedures

(

a

) the final inspection referred to in Annex V to the Directive, the text of which is set out in Schedule 5 to these Regulations;

(

b

) unit verification, referred to in Annex VIII to the Directive, the text of which is set out in Schedule 8 to these Regulations; or

(

c

) quality assurance referred to in Annexes X, XI or XII to the Directive, the texts of which are set out in Schedules 10, 11 and 12 of these Regulations.

(4) The CE marking on safety components shall be followed by the identification number of the notified body involved in any of the following conformity assessment procedures

(

a

) product quality assurance referred to in Annex VI to the Directive, the text of which is set out in Schedule 6 to these Regulations;

(

b

) full quality assurance referred to in Annex VII to the Directive, the text of which is set out in Schedule 7 to these Regulations; or

(

c

) conformity to type with random checking for safety components referred to in Annex IX to the Directive, the text of which is set out in Schedule 9 to these Regulations.

(5) The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or its authorised representative or by the installer or its authorised representative.

(6) The CE marking and the identification number of the notified body may be followed by any other mark indicating a special risk or use.

PART 4

NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

Notified bodies

21. (1) The notifying authority shall notify the European Commission and the other Member States of the conformity assessment bodies authorised under these Regulations to carry out third party conformity assessment tasks.

(2) Only conformity assessment bodies which have been notified to the European Commission and other Member States in accordance with the Directive and these Regulations and against whom no objections are raised by the European Commission or other Member States within the time periods set down under Article 28(5) of the Directive, shall be notified bodies for the purposes of the Directive and these Regulations.

Application for notification by conformity assessment bodies

22. (1) A conformity assessment body seeking to become a notified body shall meet the requirements set down in paragraphs 2 to 11 of Article 24 of the Directive.

(2) Without prejudice to paragraph (1), where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof the references of which have been published in the Official Journal, it shall be presumed to comply with the requirements set down in Article 24 of the Directive insofar as the applicable harmonised standards cover those requirements.

(3) A conformity assessment body seeking to become a notified body shall submit to the notifying authority an application, which application shall be in accordance with Article 27 of the Directive and shall be accompanied by the appropriate fee as may be prescribed by the notifying authority.

Notification of conformity assessment bodies

23. (1) The notifying authority may only notify a conformity assessment body where that body—

(

a

) has made an application to it in accordance with Article 27 of the Directive, and

(

b

) meets the requirements set out in Article 24 of the Directive.

(2) Notifications by the notifying authority under paragraph (1) shall be made in accordance with the notification procedure set down in Article 28(2), (3) and (4) of the Directive.

(3) The notifying authority shall notify the European Commission and the other Member States of any subsequent relevant changes to the notification.

(4) The assessment and monitoring referred to in Article 21(1) and (2) of the Directive shall be carried out by the Irish National Accreditation Board within the meaning of and in accordance with Regulation (EC) No. 765/2008.

Changes to notifications

24. (1) Where the notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 24 of the Directive, or that it is failing to fulfil its obligations under Articles 32 or 34 of the Directive or under these Regulations, that authority shall restrict, suspend or withdraw notification, as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations.

(2) In the event of restriction, suspension or withdrawal of notification, or where the notified body has ceased its activity, the notifying authority shall immediately inform the European Commission and the other Member States of the restriction, suspension or withdrawal.

(3) In the event of restriction, suspension or withdrawal of notification or where the notified body has ceased its activity, the notifying authority shall take appropriate steps to ensure that the files of that notified body are either processed by another notified body or kept available for the responsible notifying and competent authorities at their request.

(4) The notifying authority shall inform the notified body concerned of its decision and allow that body an opportunity to make representations to it.

(5) The notifying authority shall establish one panel per appeal (“appeal panel”) for the purposes of considering appeals under this Regulation. An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the notifying authority, one of whom shall be designated by the notifying authority to be chairperson of the panel. An appeal panel shall not consist of any person who decided or was involved in the decision to restrict, suspend or withdraw the relevant notification pertaining to a notified body. An appeal panel shall establish its own procedure.

(6) Where the notifying authority decides to restrict, suspend or withdraw notification pertaining to a notified body, the latter may, within 14 days of the notification under paragraph (4), appeal to an appeal panel against the restriction, suspension or withdrawal, as the case may be. The notification pertaining to a notified body stands restricted, suspended or withdrawn, as the case may be, from the date of the notification of the decision under paragraph (4), unless the appeal panel, upon an application to it, decides otherwise, pending the outcome of the appeal. On hearing the appeal the appeal panel may confirm the decision, vary it or allow the appeal and shall notify the appellant of its decision. The decision of the appeal panel is final except that an appeal lies to the High Court on application to it on a specified point of law. Such an application does not affect the decision of the appeal panel and its operation.

(7) All expenses reasonably incurred by the notifying authority in relation to an appeal before an appeal panel or the High Court shall be borne by the appellant where the appeal panel or the court confirms or confirms with a variation the decisions of the notifying authority. The notifying authority may recover these expenses as a simple contract debt in a court of competent jurisdiction.

Subsidiaries of and subcontracting by notified bodies

25. Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall comply with Article 26 of the Directive.

Operational obligations of notified bodies

26. (1) Subject to paragraph (2), a notified body shall—

(

a

) carry out conformity assessments in accordance with the conformity assessment procedures provided for in Articles 15 and 16 of the Directive as set out in Regulations 16 and 17 of these Regulations,

(

b

) ensure that conformity assessments are carried out in a proportionate manner, avoiding unnecessary burdens for economic operators,

(

c

) perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of lift or safety component technology in question and the mass or serial nature of the production process,

(

d

) in a case where it finds that the essential health and safety requirements of the Directive or these Regulations or corresponding harmonised standards or other technical specifications have not been met by an installer or a manufacturer, require that installer or manufacturer to take appropriate corrective measures and shall not issue a certificate or an approval decision,

(

e

) in a case where, in the course of the monitoring of conformity following the issue of a certificate or an approval decision, as appropriate, the notified body finds that a lift or a safety component no longer complies, require the installer or the manufacturer to take appropriate corrective measures and suspend or withdraw the certificate or the approval decision if necessary,

(

f

) in a case where corrective measures under paragraph (

e

) are not taken by the manufacturer or the installer or do not have the required effect, restrict, suspend or withdraw any certificates or approval decision(

s

), as appropriate,

(

g

) inform the manufacturer or installer in question where a decision to restrict, suspend or withdraw any certificate or approval decision is taken under paragraph (

f

), and

(

h

) participate in the sectoral group of notified bodies established in accordance with Article 36 of the Directive.

(2) In carrying out its functions under paragraphs 1(

b

) and 1(

c

) of this Regulation, a notified body shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the lifts or the safety components with the Directive or these Regulations.

Appeals against decisions of notified bodies

27. (1) The notifying authority shall establish one panel per appeal (“appeal panel”) for the purposes of considering appeals against restrictions, suspensions or withdrawals rendered by notified bodies under Regulation 26.

(2) An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the notifying authority, one of whom shall be designated by the notifying authority to be chairperson of the panel. An appeal panel shall not consist of any person who decided or was involved in the decision to restrict, suspend or withdraw the relevant certificate or approval decision. An appeal panel shall establish its own procedure.

(3) Where a notified body decides to restrict, suspend or withdraw a certificate held by a manufacturer or installer, the latter may, within 14 days of the notification of a decision under Regulation 26(

g

), appeal to an appeal panel against the restriction, suspension or withdrawal, as the case may be. The certificate or approval decision stands restricted, suspended or withdrawn, as the case may be, from the date of notification of the decision under Regulation 26(

g

), unless the appeal panel, upon an application to it, decides otherwise, pending the outcome of the appeal. On hearing the appeal the appeal panel may confirm the decision, vary it or allow the appeal and shall notify the appellant of its decision. The decision of the appeal panel is final except that an appeal lies to the High Court on application to it on a specified point of law. Such an application does not affect the decision of the appeal panel and its operation.

Information obligation on notified bodies

28. A notified body shall—

(

a

) inform the notifying authority of the matters referred to in Article 34(1)(

a

), (

b

), (

c

) and (

d

) of the Directive,

(

b

) provide the other bodies notified under the Directive or these Regulations carrying out similar conformity assessment activities covering the same type of lifts or the same safety components with relevant information on issues relating to negative conformity assessment results, and

(

c

) on request, provide other bodies notified under the Directive or these Regulations carrying out similar conformity assessment activities covering the same type of lifts or the same safety components with relevant information on issues relating to positive conformity assessment results.

PART 5

MARKET SURVEILLANCE, SAFEGUARD PROCEDURE

Market surveillance

29. The market surveillance authority shall organise and carry out market surveillance on lifts and safety components in accordance with Articles 16 to 29 of Regulation (EC) No. 765/2008.

Procedure for dealing with products presenting a risk at national level

30. (1) Where the market surveillance authority has sufficient reason to believe that a lift or a safety component presents a risk to the health or safety of persons or, where appropriate, to the safety of property, it shall carry out an evaluation in relation to the lift or the safety component concerned covering all relevant requirements laid down in the Directive or these Regulations.

(2) The relevant economic operator shall cooperate as necessary with the market surveillance authority as deemed necessary by it in carrying out an evaluation under paragraph (1).

(3) Where, in the course of the evaluation referred to in paragraph (1), the market surveillance authority finds that a lift does not comply with the requirements laid down in the Directive or these Regulations, it shall—

(

a

) without delay require the installer to take all appropriate corrective actions to bring the lift into compliance with those requirements within a reasonable period commensurate with the nature of the risk, as the authority prescribes,

(

b

) inform the notified body who carried out the conformity assessment procedure on the lift of the lift’s non-compliance, and

(

c

) apply the provisions of Article 21 of Regulation (EC) No. 765/2008 to the measures referred to in paragraph 3(

a

) of this Regulation.

(4) Where, in the course of the evaluation referred to in paragraph (1), the market surveillance authority finds that a safety component does not comply with the requirements laid down in the Directive or these Regulations, it shall—

(

a

) without delay require the relevant economic operator to take all appropriate corrective actions to bring the safety component into compliance with those requirements, to withdraw the safety component from the market or to recall it within a reasonable period commensurate with the nature of the risk, as the authority prescribes,

(

b

) inform the notified body who carried out the conformity assessment procedure on the safety component of the component’s non-compliance, and

(

c

) apply the provisions of Article 21 of Regulation (EC) No 765/2008 to the measures referred to in subparagraph (

a

).

(5) Where the market surveillance authority considers that non-compliance is not restricted to the State, it shall inform the European Commission and the other Member States of the results of the evaluation and of the actions which it has required the economic operators to take.

(6) The relevant economic operator shall ensure that all appropriate corrective action is taken in respect of all the lifts and safety components concerned that it has placed or made available on the market throughout the European Economic Area.

(7) Where an installer does not take adequate corrective action within the period referred to in paragraph (3)(

a

) of this Regulation, the market surveillance authority shall, without delay, take all appropriate provisional measures to restrict or prohibit the lift from being placed on the market in the State, or the use of the lift concerned or to recall it.

(8) Where the relevant economic operator does not take adequate corrective action within the period referred to in paragraph 4(

a

) of this Regulation, the market surveillance authority shall, without delay, take all appropriate provisional measures to prohibit or restrict the safety component from being made available on the market in the State, to withdraw the safety component from the market or to recall it.

(9) The market surveillance authority shall inform the European Commission and the other Member States, without delay, of any measures taken under paragraphs (7) or (8) of this Regulation, and shall—

(

a

) include all available details, in particular the data necessary for the identification of the non-compliant lift or safety component, the origin of the lift or safety component, the nature of the non-compliance alleged and the risk involved, the nature and duration of the measures taken in the State and the arguments put forward by the relevant economic operators, and

(

b

) in particular, indicate whether the non-compliance is due to either—

(i) the failure of the lift or the safety component to meet requirements relating to the essential health and safety requirements of the Directive or these Regulations, or

(ii) shortcomings in the harmonised standards referred to in Regulation 15 conferring a presumption of conformity.

(10) Where another Member State has initiated the procedure under Article 38 of the Directive, the market surveillance authority shall, without delay, inform the European Commission and the other Member States—

(

a

) of any measures adopted and of any additional information at its disposal relating to the non-compliance of the lift or the safety component concerned, or

(

b

) of its objections, in the event of disagreement with the adopted measure of the other Member State.

(11) Where, within three months of receipt of the information referred to in paragraph (9) of this Regulation, no objection has been raised by either a Member State or the European Commission in respect of a provisional measure taken by the market surveillance authority, that measure shall be deemed to be justified.

(12) The market surveillance authority shall ensure that appropriate restrictive measures, such as withdrawal of a safety component from the market, are taken in respect of the lift or the safety component concerned without delay.

Safeguard procedure

31. (1) Where a measure taken by a Member State under Article 38 of the Directive is considered justified by the European Commission in accordance with the procedure in Article 39(1) of the Directive, the market surveillance authority shall—

(

a

) in the case of a measure relating to a lift, take the measures necessary to ensure that the placing on the market or use of the non-compliant lift is restricted or prohibited, or that the lift is recalled and inform the European Commission accordingly, or

(

b

) in the case of a measure relating to a safety component, take the necessary measures to ensure that the non-compliant safety component is withdrawn from the market in the State and inform the European Commission accordingly.

(2) Where a measure proposed by the market surveillance authority is considered unjustified by the European Commission in accordance with the procedure in Article 39(1) of the Directive, the market surveillance authority shall withdraw that measure.

Compliant lifts or safety components which present a risk

32. (1) Where, having carried out an evaluation under Regulation 30, the market surveillance authority finds that, although a lift or a safety component is in compliance with the Directive or these Regulations, it presents a risk to the health or safety of persons and, where appropriate, to the safety of property, it shall—

(

a

) in the case of a lift, require the installer to take all appropriate measures to ensure that the lift concerned, when placed on the market, no longer presents that risk, to recall the lift or restrict or prohibit its use within a reasonable period, commensurate with the nature of the risk, as it may prescribe,

(

b

) in the case of a safety component, require the relevant economic operator to take all appropriate measures to ensure that the safety component concerned, when placed on the market, no longer presents that risk, to withdraw the safety component from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe,

(

c

) immediately inform the European Commission and the other Member States, of all available details and in particular of—

(i) the data necessary for the identification of the lifts or safety components concerned,

(ii) the origin and the supply chain of the lifts or safety components,

(iii) the nature of the risk involved, and

(iv) the nature and the duration of the national measures taken.

(2) An economic operator shall ensure that the corrective action required under paragraph (1) is taken in respect of all the lifts or safety components that the economic operator has placed or made available on the market throughout the European Economic Area.

Formal non-compliance

33. (1) Without prejudice to Regulation 30 the market surveillance authority shall require the relevant economic operator to put an end to the non-compliance concerned where it finds that—

(

a

) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No. 765/2008 or of Article 19 of the Directive or Regulation 20 of these Regulations,

(

b

) the CE marking has not been affixed,

(

c

) the identification number of the notified body has been affixed in violation of Article 19 of the Directive or Regulation 20 of these Regulations or has not been affixed where required by that Article or Regulation,

(

d

) the EU declaration of conformity has not been drawn up,

(

e

) the EU declaration of conformity has not been drawn up correctly,

(

f

) the technical documentation referred to in Annex IV, Parts A and B, Annexes VII, VIII and XI to the Directive, the texts of which are set out in Schedules 4, 7, 8 and 11 to these Regulations, is either not available or not complete,

(

g

) the name, registered trade name or registered trade mark or the address of the installer, manufacturer, or importer has not been indicated in compliance with Article 7(6), 8(6) or 10(3) of the Directive or Regulation 8(

g

), 9(

h

) or 11(2)(

c

) of these Regulations,

(

h

) the information allowing identification of the lift or safety component has not been indicated in compliance with Article 7(5) or 8(5) of the Directive or Regulation 8(

f

) or 9(

g

) of these Regulations, or

(

i

) a lift or safety component is not accompanied by the documents referred to in Article 7(7) or 8(7) of the Directive or Regulation 8(

h

) or 9(i) of these Regulations or those documents are not in compliance with the applicable requirements.

(2) Where the non-compliance referred to in paragraph (1) persists, the market surveillance authority shall take all appropriate measures to restrict or prohibit the use of the lift or to recall it or to restrict or prohibit the making available on the market of the safety component or shall ensure that the component is recalled or withdrawn from the market.

PART 6

POWERS OF THE MARKET SURVEILLANCE AUTHORITY

General

34. (1) The market surveillance authority shall perform its market surveillance duties in accordance with the relevant provisions of Article 37 of the Directive.

(2) A person who for the time being stands appointed as an inspector under section 62 of the Act of 2005 shall be an inspector for the purpose of the Directive and these Regulations.

(3) An inspector shall, when exercising any power conferred on him or her by these Regulations, if requested to do so by any person affected, produce the certificate of authorisation, or a copy of it, furnished to him or her under section 62(2) of the Act of 2005 together with a form of personal identification.

Powers of inspectors

35. (1) An inspector shall, for the purposes of the Directive and these Regulations, have power to do any one or more of the following

(

a

) subject to paragraph (4), at any time enter—

(i) the premises of an economic operator,

(ii) the premises where a product is installed, or

(iii) any other place or premises where entry on same is necessary to ensure that the objectives of the Directive are achieved;

(

b

) inquire into, search, examine and inspect—

(i) any place referred to in paragraph 1(

a

),

(ii) any activity, installation, process, procedure, matter or thing at or in that place, and

(iii) any product or any record relating to such product, to ascertain whether the the Directive or these Regulations have been or are being complied with and, for that purpose, take with him or her and use any equipment or materials he or she considers necessary;

(

c

) require that that place and anything at or in it be left undisturbed for so long as is reasonably necessary for the purposes of any search, examination, investigation, inspection or inquiry under the Directive or these Regulations;

(

d

) require the person in charge to produce to the inspector—

(i) any product or partly completed product which is in the possession or under the control of such person, and

(ii) any records, and in the case of such information in a non-legible form, to reproduce it in a legible form, and to give to the inspector such information as the inspector may reasonably require in relation to any entries in those records;

(

e

) inspect and take copies of or extracts from any such records or any electronic information system at that place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided;

(

f

) require a person at or in that place by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the inspector access thereto and all reasonable assistance as the inspector may require;

(

g

) remove from that place and retain the records (including documents stored in a non-legible form) and copies taken and retain the records for such period as the inspector reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings;

(

h

) require that records at or in that place be maintained for such period as may be reasonable;

(

i

) require the person in charge to give the inspector such information as the inspector may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations;

(

j

) require the person in charge to give the inspector such assistance and facilities within the person’s power or control as are reasonably necessary to enable the inspector to exercise any of his or her powers under these Regulations;

(

k

) require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the inspector any information that the inspector may reasonably require in relation to the place, any product, equipment, item, activity, installation or procedure at or in the place, and to produce to the inspector any records that are under that person’s power or control;

(

l

) examine any person whom the inspector reasonably believes to be able to give to the inspector information relevant to any search, examination, investigation, inspection or inquiry under these Regulations and require the person to answer such questions as the inspector may ask relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers;

(

m

) require that any procedure be followed for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations;

(

n

) take any measurements or photographs or make any tape, electrical or other recordings that the inspector considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations;

(

o

) take samples of air, soil, water or waste at or near that place;

(

p

) where appropriate, install, use and maintain at that place monitoring instruments, systems and seals for the purposes of the Directive or these Regulations;

(

q

) at that place, or at any other location, carry out, or have carried out, such testing, examination or analysis of any item or product found at that place, as he or she reasonably considers to be necessary, and for that purpose—

(i) require the person in charge to supply to the inspector without charge any product, equipment or item, or samples thereof, or

(ii) remove, or have removed, to another location, any product, equipment or item, or samples thereof;

(

r

) cause any product found at that place in respect of which there has been or there appears to the inspector to have been a contravention of the Directive or these Regulations, to be subjected to any testing, examination or analysis in accordance with subparagraph (

q

) (but not so as to damage or destroy it unless same is necessary for the purposes of the Directive or these Regulations) and where an inspector proposes to exercise the power conferred by this subparagraph in the case of any such product found at any place, he or she shall, if so requested by the person in charge, cause anything that is to be done by virtue of that power to be done in the presence of that person, save that the person in charge is responsible for his or her own costs in attending at the exercise of the inspector’s powers and cannot unreasonably delay the inspector in the exercise of those powers;

(

s

) remove and retain for such period as is necessary any product, equipment or item found at that place for all or any of the following purposes

(i) to examine or arrange for the examination, testing or analysis of the product, equipment or item;

(ii) to ensure that it is not tampered with before the examination of it under subparagraph (i) is completed;

(iii) to ensure that it is available for use as evidence in any proceedings;

(

t

) where necessary—

(i) require the disposal or destruction of any product presenting a serious risk in respect of which there has been or there appears to the inspector to have been a contravention of the Directive or these Regulations at the expense of the person in charge, or remove that product and arrange for it to be disposed of or destroyed at the expense of the person in charge, and

(ii) require that such disposal or destruction shall be—

(I) such as will prevent the product from being used or placed on the market, and

(II) in compliance with requirements under the Waste Management Acts 1996 to 2003;

(

u

) require the recall or removal from the market of a product by the person who has placed or made available that product on the market, where it appears to the inspector that, in relation to that product, the Directive or these Regulations have been contravened.

(2) Where a product is found at a place, and an inquiry is made by an inspector in the course of a search, examination, investigation or inspection as to the identity of the person who supplied that product, the person in charge shall give the inspector the name and address of the supplier from whom the product was purchased or otherwise obtained.

(3) Before exercising any of the powers conferred by subparagraphs (

q

) to (

t

) of paragraph (1), an inspector shall, in so far as it is practicable, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing what he or she proposes to do under those subparagraphs.

(4) An inspector shall not enter a dwelling other than—

(

a

) with the consent of the occupier, or

(

b

) in accordance with a warrant of the District Court issued under paragraph (7) authorising such entry.

(5) The market surveillance authority may authorise such and so many other persons as it considers appropriate to accompany an inspector in the performance of his or her functions.

(6) Where an inspector in the exercise of his or her powers under this Regulation is prevented from entering any of the places or premises specified in Regulation 35(1)(

a

), an application may be made to the District Court for a warrant under paragraph (7) authorising such entry.

(7) Without prejudice to the powers conferred on an inspector by or under any other provision of this Regulation, if a judge of the District Court is satisfied by information on oath of an inspector that there are reasonable grounds for believing that—

(

a

) there is any product, equipment or item at any place or premises or any records (including documents stored in a non-legible form) or information, relating to a place, premises or to a product, that the inspector requires to inspect for the purposes of the Directive or these Regulations, held at any place or premises, or

(

b

) there is, or such an inspection is likely to disclose, evidence of a contravention of the Directive or these Regulations,

the judge may issue a warrant authorising an inspector, accompanied by such other inspectors or such other competent persons as may be appropriate or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter that place or premises, if necessary by the use of reasonable force, and perform the functions conferred on an inspector by or under these Regulations.

(8) Where an inspector has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member or members of the Garda Síochána and by any other person or persons authorised by the market surveillance authority, when performing any functions conferred on him or her by or under the Directive or these Regulations.

(9) Where an inspector, upon reasonable grounds, believes that a person has committed an offence under these Regulations he or she may require that person to provide him or her with the person’s name and the address at which the person ordinarily resides.

(10) A statement or admission made by a person pursuant to a requirement under paragraph (1)(i), (

k

) or (

l

) shall not be admissible in proceedings brought against that person for an offence (other than an offence under Regulation 45(4)) relating to a breach of, or failure to comply with, an obligation in the said paragraph (1)(i), (

k

) or (

l

).

Measures entailing refusal or restriction

36. An inspector who finds that—

(

a

) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No. 765/2008, Article 19 of the Directive or of Regulation 20 of these Regulations,

(

b

) the CE marking has not been affixed,

(

c

) the identification number of the notified body has been affixed in violation of Article 19 of the Directive or Regulation 20, or has not been affixed, where required by said Article or Regulation,

(

d

) the EU declaration of conformity has not been drawn up,

(

e

) the EU declaration of conformity has not been drawn up correctly,

(

f

) the technical documentation referred to in Annex IV, Parts A and B and Annexes VII, VIII and XI to the Directive, the texts of which are set out in Schedules 4, 7, 8 and 11 to these Regulations is either not available or not complete,

(

g

) the name, registered trade name or registered trade mark or the address of the installer, manufacturer or importer has not been indicated in compliance with Article 7(6),8(6) or 10(3) of the Directive or Regulation 8(

g

), 9(

h

) or 11(2)(

c

),

(

h

) the information allowing identification of the lift or the safety component has not been indicated in compliance with Article 7(5), 8(5) of the Directive or Regulation 8(

f

) or 9(

g

), or

(

i

) the lift or the safety component for lifts is not accompanied by the documents referred to in Article 7(7), 8(7) of the Directive or Regulation 8(

h

) or 9(

i

), or those documents are not in compliance with the applicable requirements,

may issue a direction in writing to the relevant economic operator to put an end to the non-compliance observed within a specified timeframe.

Contravention notice

37. (1) An inspector who is of the opinion that a person—

(

a

) is contravening or has contravened any of the provisions of the Directive or these Regulations, or

(

b

) has failed to comply with a direction under Regulation 36,

may serve a notice on the person who has or may reasonably be presumed to have control of the activity concerned.

(2) A contravention notice shall—

(

a

) state that the inspector is of the opinion referred to in paragraph (1),

(

b

) specify the grounds for the inspector being of the opinion referred to in paragraph (1) and specify the Regulation or Regulations concerned,

(

c

) identify the relevant provision in respect of which that opinion is held,

(

d

) direct the person, where required, to—

(i) remedy the contravention or the matters occasioning that notice,

(ii) cease placing or making available the product on the market or putting it into use,

(iii) remove the product from the market,

(iv) recall the product,

(v) dispose of the product,

(vi) destroy the product where it presents a serious risk,

by a date specified in the notice that shall not be earlier than the end of the period within which an appeal may be made under Regulation (38(1)),

(

e

) include information regarding the making of an appeal under Regulations 38(1) and (2),

(

f

) include any other requirement that the inspector considers appropriate,

(

g

) state that if the person to whom the notice is addressed fails to take such measures as are specified in the notice within the time period specified in that notice, that person commits an offence, and

(

h

) be signed and dated by the inspector.

(3) A contravention notice may include directions—

(

a

) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and

(

b

) to bring the notice to the attention of any person who may be affected by it, or to the public generally.

(4) A person on whom a contravention notice has been served who is of the opinion that the contravention notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied.

(5) Where a person on whom a contravention notice has been served confirms in writing to the inspector in accordance with paragraph (4) that the matters referred to in the contravention notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of compliance with the contravention notice.

(6) An inspector may—

(

a

) withdraw or amend a contravention notice at any time, or

(

b

) where no appeal is made or pending under Regulation 38(1), extend the period specified under paragraph (2)(

d

) of this Regulation.

(7) Where there is no appeal under Regulation 38(1), the contravention notice shall take effect on the later of—

(

a

) the end of the period for making an appeal, or

(

b

) the day specified in the notice.

(8) A person shall comply with a contravention notice under this Regulation.

Appeal against contravention notice

38. (1) A person aggrieved by a contravention notice may, within 14 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served in and, in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(2) A person who appeals under paragraph (1) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(3) Where an appeal under paragraph (1) is taken, and the contravention notice is not cancelled, the notice shall take effect on the later of—

(

a

) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

(

b

) the day specified in the notice.

(4) Subject to paragraph (5), in the case of a product which the inspector does not consider to present a serious risk requiring rapid intervention under Article 20 of EU Regulation 765/2008, the intended recipient of a measure referred to in Regulation 37(1) shall have the opportunity to make representations within 10 working days of first being advised of the inspector’s intention, to the market surveillance authority in advance of the measure being taken.

(5) Where, due to the urgency of the measure referred to in Regulation 37(1), as justified in particular by public health, security or safety requirements, it is not possible to give the person concerned the opportunity to make representations in advance of the measure being taken, the market surveillance authority shall give such opportunity, as soon as may be, thereafter.

Prohibition notice

39. (1) A prohibition notice may be served by an inspector—

(

a

) on the person who is or who may reasonably be presumed to be in control of the activity concerned, where that inspector is of the opinion that at any place there is occurring or is likely to occur any activity relating to a product that gives rise to or is likely to give rise to a serious risk requiring rapid intervention, including a serious risk the effects of which are not immediate, or

(

b

) on any person in relation to a product in respect of which a direction under Regulation 37 or a contravention notice has been issued but not complied with.

(2) A prohibition notice shall—

(

a

) state that the inspector is of the opinion referred to in paragraph (1),

(

b

) state the reason for that opinion,

(

c

) specify the activity in respect of which that opinion is held,

(

d

) where in the opinion of the inspector the activity involves a contravention, or likely contravention of any provision of the Directive or these Regulations, specify the provision,

(

e

) prohibit the carrying on of the activity concerned until the matters that give rise or are likely to give rise to the risk are remedied,

(

f

) inform the person concerned that he or she may appeal the prohibition notice to the District Court in accordance with Regulation 40(1),

(

g

) state that if the person to whom the prohibition notice is addressed fails to comply with the notice within the time period specified in the notice, that person commits an offence, and

(

h

) be signed and dated by the inspector.

(3) A prohibition notice may include directions—

(

a

) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and

(

b

) to bring the notice to the attention of any person who may be affected by it, or to the public generally.

(4) A prohibition notice shall take effect—

(

a

) when the notice is received by the person on whom it is served, or

(

b

) where an appeal is brought against the prohibition notice, on the day immediately following—

(i) the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

(ii) the day specified in the notice,

whichever occurs later.

(5) A person on whom a prohibition notice has been served who is of the opinion that the matters referred to in the prohibition notice have been remedied by the date specified in the notice shall confirm in writing to the inspector that those matters have been so remedied.

(6) Where a person on whom a prohibition notice has been served confirms in writing to the inspector in accordance with paragraph (5) that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of such compliance with the prohibition notice.

(7) An inspector may at any time withdraw a prohibition notice if—

(

a

) the inspector is satisfied that the activity to which the notice relates no longer gives rise to a serious risk to safety or health, or

(

b

) the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.

(8) A person shall comply with a prohibition notice under this Regulation.

Appeal against prohibition notice

40. (1) A person on whom a prohibition notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(2) Where, on the hearing of an appeal under this Regulation, a prohibition notice is confirmed, notwithstanding Regulation 39(4), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition notice for such period as in the circumstances of the case the judge considers appropriate.

(3) A person who—

(

a

) brings an appeal under paragraph (1), or

(

b

) applies for the suspension of the operation of a prohibition notice under this Regulation,

shall at the same time notify the market surveillance authority of the appeal or the application, and the grounds for the appeal or application.

(4) In the case of an appeal or any application to suspend the operation of the prohibition notice under this Regulation, the market surveillance authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or application.

(5) The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice but the appellant may apply to the court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

Order of the High Court

41. (1) Where a person contravenes a prohibition notice an inspector may apply ex parte to the High Court for an order prohibiting the continued contravention of the notice.

(2) The High Court may, upon an application under this Regulation, order the person on whom the prohibition notice concerned was served to cease doing such acts as the High Court directs.

Information notice

42. (1) An inspector, or the market surveillance authority, may, by notice served on a person, require the person to give, within such period and in such form as may be specified in the notice, any information specified in the notice that the inspector or the market surveillance authority may reasonably require for the proper performance of his or her or its functions under the Directive or these Regulations.

(2) Upon the written application of the person on whom the notice is served, the period specified in the information notice may be extended by and at the discretion of—

(i) the market surveillance authority,

(ii) an inspector.

(3) A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(4) A person who appeals under paragraph (3) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(5) Where, on the hearing of an appeal under paragraph (3), an information notice is confirmed or varied, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.

(6) Subject to paragraph (7), a person on whom an information notice is served shall comply with the notice before the later of—

(

a

) the end of the period specified in the notice, or

(

b

) where the period referred to in subparagraph (

a

) is extended under paragraph (2), the end of that extended period.

(7) Where an appeal is brought under this Regulation, and the information notice to which the appeal relates is confirmed or varied or the appeal is withdrawn, the person on whom the notice is served shall comply with the notice before—

(

a

) the day immediately following the day on which the notice is confirmed or varied or the appeal is withdrawn,

(

b

) the end of the period specified in the notice, or

(

c

) where the operation of the notice has been suspended under paragraph (5), the end of the period of suspension,

whichever occurs latest.

Service of notifications

43. (1) Subject to paragraphs (2) and (3), a notice or other document required or authorised to be served on, sent or given to a person shall be addressed to the person concerned by name and may be given to the person in one of the following ways—

(

a

) by delivering it to the person,

(

b

) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address,

(

c

) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address,

(

d

) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by

section 2

of the

Electronic Commerce Act 2000

), service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed,

(

e

) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises, or

(

f

) by any other means that may be prescribed.

(2) Where a notice or other document required or authorised to be served on, sent or given to a person is to be given to a person who is the owner or occupier of land or property and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

(3) For the purposes of this Regulation, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Sharing information on the application of the Directive

44. (1) The market surveillance authority may provide information to any European Union information network, the European Commission or a competent authority of another Member State for the purpose of sharing information related to the application of the Directive.

(2) The market surveillance authority may, in the interest of the protection of safety, take such measures as it considers appropriate to bring to the attention of the public, any matter of concern arising from the requirements of these Regulations.

PART 7

OFFENCES AND PENALTIES

Offences

45. (1) A person who contravenes a provision or requirement of Regulation 5, 7, 8, 9, 10(3), 11, 12, 14, 17(2), 30(2), 30(6), or 32(2) commits an offence.

(2) A person who contravenes a requirement of Regulation 35, 36, 37, 39 or 42 or a notice issued or measure taken thereunder, commits an offence.

(3) A person who, in relation to the CE marking or any document required for the purposes of these Regulations—

(

a

) forges or counterfeits any such document,

(

b

) gives or signs a document or makes a marking knowing it to be false in any material particular,

(

c

) knowingly uses a marking or document so forged or counterfeited, or which is false as aforesaid,

(

d

) knowingly uses as applying to any person or product a marking or document which does not so apply,

(

e

) knowingly connives at any such forging, counterfeiting, giving, signing, or using,

(

f

) knowingly makes a false entry in any such document which is so required to be kept, served or sent,

(

g

) knowingly uses any such false entry, or

(

h

) knowingly has, without lawful authority, a forged marking or document or an altered marking or document in his or her possession,

commits an offence.

(4) Any person who obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by these Regulations or a warrant under Regulation 35(7) or impedes the exercise by the inspector or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, an inspector or such a member pursuant to a power conferred by these Regulations, or in purported compliance with such request or requirement, or who in answer to such question gives information to the inspector or member that he or she knows to be false or misleading in any material respect, commits an offence.

(5) A person who falsely represents himself or herself to be an inspector commits an offence.

(6) A person who, at any time during the period of 3 months immediately following the affixing of a notice in accordance with Regulation 43(1)(

e

), removes, alters, damages or defaces the notice without lawful authority commits an offence.

(7) A person who, prevents or attempts to prevent any person from answering any question to which an inspector may require an answer under Regulation 35, commits an offence.

(8) A person who, fails to comply with a bona fide request, instruction or directions from an inspector in the exercise of his or her functions under these Regulations, commits an offence.

(9) Where an offence under any of these Regulations is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.

(10) A person who states to the market surveillance authority that another person has committed an offence under this Regulation or has failed to comply with a provision of these Regulations, knowing the statement to be false, commits an offence.

(11) A person who, in purported compliance with a requirement in an information notice, furnishes information to the market surveillance authority that he or she knows to be false or misleading in a material respect commits an offence.

Penalties

46. (1) A person guilty of an offence under Regulation 45 shall be liable—

(

a

) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(

b

) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.

(2) Where a person is convicted of an offence under these Regulations in proceedings brought by the market surveillance authority, or instituted following an investigation by the authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the authority the costs and expenses, measured by the court, incurred by the authority in relation to the investigation, detection and prosecution of the offence, including the costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers engaged by the authority.

Offences by bodies corporate

47. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and shall be liable to be proceeded against and punished as if he or she had committed the first-mentioned offence.

Prosecution of offences

48. (1) Subject to paragraph (2), summary proceedings in relation to an offence under these Regulations may be brought and prosecuted by the market surveillance authority.

(2) Notwithstanding

section 10

(4) of the

Petty Sessions (Ireland) Act 1851

, summary proceedings for an offence under Regulation 45 may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed.

PART 8

MISCELLANEOUS

Appeal to Circuit Court from certain orders of District Court

49. For the avoidance of doubt, an order of the District Court confirming, varying or cancelling a notice under Regulation 38, 40 or 42 is a decision of a judge of the District Court for the purposes of section 84 of the Courts of Justice Acts 1924.

Notice or direction to be in writing

50. Any notice or direction under these Regulations shall be in writing.

Immunity

51. None of the following persons, that is to say, the market surveillance authority, an inspector or a member or a member of staff of the market surveillance authority shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of that person’s functions under these Regulations, unless the act or omission concerned was done in bad faith.

Indemnification

52. The market surveillance authority shall, subject to the provisions of any enactment or rule of law, indemnify an inspector appointed by it, or a member or a member of staff of the market surveillance authority, in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under these Regulations as such inspector, member or member of staff, unless the act or omission concerned was done in bad faith.

Restrictions on the disclosure of information

53. A person in receipt of information as a result of the application of these Regulations shall treat same as confidential. In particular, business, professional and trade secrets shall be treated as confidential unless the divulging of such information is—

(

a

) for the purpose of the discharge of functions under these Regulations,

(

b

) made with the consent of the person to whom the information applies, or

(

c

) for the purposes of—

(i) any legal proceedings (including by means of a report to a coroner holding an inquest under the Coroners Acts 1962 and 2005 on the body of a person whose death may have been caused through personal injury), or

(ii) any investigation or special report under section 70 of the Act of 2005,

(

d

) necessary in order to protect the health and safety of persons,

(

e

) required by the provisions of these Regulations or the Directive, or

(

f

) ordered by a court of law.

Transitional

54. (1) The putting into service of lifts or the making available on the market of safety components for lifts, in conformity with Directive 95/16/EC or the Regulations of 1998, and which were put into service or placed on the market before 20 April 2016 continues to be lawful.

(2) Certificates and decisions issued by notified bodies under Directive 95/16/EC or the Regulations of 1998 shall be valid under these Regulations.

Revocation

55. The European Communities (Lifts) Regulations 1998 (

S.I. No. 246 of 1998

) and the European Communities (Lifts) (Amendment) Regulations 2008 (

S.I. No. 406 of 2008

), cited together as the European Communities (Lifts) (Amendment) Regulations 1998 and 2008, are revoked.

Regulations 2, 6, 7, 8, 9, 11, 12, 15, 17 and 18

SCHEDULE 1

TEXT OF ANNEX I TO THE DIRECTIVE

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

PRELIMINARY REMARKS