Statutory guidance

Regulation 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018: Great Britain

Updated 7 November 2023

Guidance on the regulations as they apply to appliances being supplied in or into Great Britain.

This guidance has not yet been amended to reflect the announcements on 1 August 2023 and 24 January 2024 that the Government intends to introduce legislation to extend recognition of certain goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. When that legislation is passed, certain goods that meet EU requirements will be able to be placed on the GB market.

Read information on the announcements.

January 2024

1. Introduction

This Guide is for businesses placing gas appliances or fittings on the market in Great Britain. If you are placing gas appliances and fittings on the market in Northern Ireland, you should read separate guidance.

Read guidance on the regulations in Northern Ireland

Regulation (EU) 2016/426 sets out the essential requirements that must be met before appliances or fittings burning gaseous fuels can be placed on the GB market. The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 provides for the enforcement of Regulation 2016/426 in the UK.

The purpose of the legislation is to protect consumers and other end-users from unsafe products by requiring manufacturers to show how their products meet the ‘essential requirements’. The aim of Regulation 2016/426 is to lay down requirements for the design and manufacture of appliances or fittings burning gaseous fuels to ensure the health and safety of users, domestic animals and property.

This guidance is designed to help you comply with Regulation 2016/426 as it has effect in Great Britain and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (collectively, “the Regulations” and individually the “2016 Regulation” and the “2018 Regulations” respectively).

2. Legislative Background

Regulation (EU) 2016/426 as it has effect in EU law is directly applicable in the UK until the end of the transition period, since 21 April 2018. The 2018 Regulations were enacted to provide for the enforcement in the UK of the 2016 Regulation in the UK. The EU Withdrawal Act 2018 preserved these regulations in UK law and enabled them to be amended so as to continue to function effectively now that the UK has left the EU. Accordingly, the Product Safety and Metrology etc (Amendment etc.) (EU Exit) Regulations 2019 see footnote 1 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.

There is therefore one set of UK 2018 Regulations, but some of the provisions apply differently in NI under the terms of the Windsor Framework. References to the 2018 Regulations in this guidance are references to those Regulations as they apply in Great Britain. Similarly, the EU Regulation has been incorporated into UK law and amended to apply in Great Britain, taking account of the fact that Great Britain no longer follows EU law, whereas the EU Regulation remains directly applicable in Northern Ireland, under the terms of the Windsor Framework. References to the 2016 Regulation in this document are references to the Regulation incorporated into UK law and applicable in Great Britain.

Read guidance on the regulations in Northern Ireland

3. Scope

The Regulations have the same scope as the 2016 Regulation.

(1) The Regulations apply to:

• appliances burning gaseous fuels used for cooking, refrigeration, air-conditioning, space heating, hot water production, lighting and washing and also forced draught burners and heating bodies to be equipped with such burners
• fittings which are regulating, controlling or safety devices and sub-assemblies thereof intended to be incorporated into appliances or assembled to constitute appliances

(2) The Regulations do not apply to appliances specifically designed for:

• use in industrial processes carried out on industrial premises
• use on aircrafts and railways
• research purposes
• temporary use in laboratories.

An appliance is considered to be ‘specifically designed’ when the design is only intended to address a specific need for a specific process or use.

The Regulations do not apply to gas appliances and fittings placed on the market before 21 April 2018 and such products remain regulated under the Gas Appliances (Safety) Regulations 1995 (as amended by the Product Safety and Metrology etc (Amendment etc.) (EU Exit) Regulations 2019) (the “1995 Regulations”).

4. Requirements

The essential requirements that apply are still those listed in Annex I of the 2016 Regulation (as it has effect in GB law) and which apply to gas appliances and fittings as appropriate. All gas appliances and fittings within scope must still undergo a conformity assessment procedure in accordance with Article 14 to demonstrate compliance with the essential requirements.

5. Obligations of manufacturers

A manufacturer is a person who has a gas appliance or fitting manufactured or has a gas appliance or fitting designed or manufactured, and markets that gas appliance or fitting under their name or trademark or uses the appliance for their own purpose.

The obligations of manufacturers of gas appliances and fittings include:

1. Before placing gas appliances or fittings on the GB market or when using for their own purposes, the manufacturer must ensure that it has been designed and manufactured in accordance with the applicable essential requirements. These are set out in Annex I to the 2016 Regulation. The manufacturer must also have a relevant conformity assessment procedure carried out and technical documentation drawn up.
2. Once this has been done, the manufacturer must draw up a declaration of conformity, and affix to the product the UKCA marking see footnote 2 visibly, legibly and indelibly to the to the gas appliance or the fitting or its data plate. Where it is not possible or warranted, on account of the nature of the appliance or fitting, to affix the UKCA marking to the appliance or fitting, it must be affixed to the packaging and the accompanying documents. In any event, until 31 December 2027 see footnote 3, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the gas appliance or fitting.
3. Qualifying Northern Ireland goods can be placed on the GB market with the CE and CE UKNI conformity markings, see further detail in Section 11 on Qualifying Northern Ireland Goods.
4. The manufacturer must keep the declaration of conformity up to date and must keep it and the technical documentation for 10 years after their gas appliance or the fitting has been placed on the GB market.
5. The manufacturer must ensure that procedures are in place for series production to remain in conformity. When deemed appropriate regarding risk presented by an appliance, they must: a) carry out sample testing, b) investigate and, c) if necessary, keep a register of complaints of non-conforming appliances and fittings and recalls of such appliances and fittings, and keep distributors informed of any such monitoring.
6. The manufacturer must ensure that all gas appliances and fittings placed on the GB market bears a type and serial or batch number, the manufacturer’s name, registered trade name or registered trademark and postal address (as well as other inscriptions). Where the size or nature of the gas appliance or the fitting does not allow this, then it may be provided on the packaging or accompanying documentation.
7. The manufacturer must ensure that the gas appliance is accompanied by instructions and safety information as set out in point 1.5 of Annex I to the 2016 Regulation. The instructions must be clear, legible and in easily understandable English.
8. The manufacturer must ensure that the fitting is accompanied by the declaration of conformity containing, among other things, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I of the 2016 Regulation. This must be clear, legible and in easily understandable English. However, where a large number of fittings are delivered to a single user, the batch or consignment concerned may be accompanied by a single copy of the declaration of conformity.
9. The manufacturer must, when appropriate with regard to any risk posed to end-users, carry out sample testing of appliances they have placed on the GB market, investigate any complaints that the appliances or fittings are not in conformity with Regulation 2016/426, and keep distributors informed of any actions taken as a result. The manufacturer must also keep a register of these complaints, of appliances or fittings found not to be in conformity, and of product recalls.
10. Where they believe that an appliance or fitting which they have placed on the GB market is not in conformity, the manufacturer must: a) immediately take corrective measures to bring that appliance or fitting into conformity, to withdraw it or recall it if appropriate; b) inform the enforcement authority of any corrective measures taken; c) co-operate with enforcement authorities and provide all necessary information and documentation to the enforcement authority in GB following any requests; and d) cooperate with the enforcement authority, at its request, on any action taken to eliminate the risks posed by appliances or fittings which they have placed on the GB market. Read more information on how to notify the MSA.

Manufacturers based in Northern Ireland can follow the legislation as it applies to Northern Ireland and place qualifying Northern Ireland goods on the GB market without any additional approvals. See further detail in Section 11 on Qualifying Northern Ireland Goods.

6. Obligations of authorised representatives

Manufacturers are able by written mandate to appoint authorised representatives to perform certain tasks on their behalf.

Mandated authorised representatives for the GB market can be based in GB or Northern Ireland but cannot be based outside the UK. A manufacturer can only mandate an authorised representative established in the UK, under the Regulations as they apply in GB.

No GB-based authorised representatives are recognised under EU law. This means GB-based authorised representatives cannot carry out tasks on the manufacturer’s behalf for appliances and fittings being placed on the Northern Ireland and EEA markets. Therefore, a GB manufacturer selling appliances and fittings to the EEA or Northern Ireland, who wishes to appoint an authorised representative to carry out tasks for them in respect of those products, must appoint an authorised representative based in Northern Ireland or the EEA.

The mandate shall at least allow the authorised representative to perform the following tasks:

• keeping the declaration of conformity and the technical documentation at the disposal of the market surveillance authority in the UK for 10 years after the gas appliance has been placed on the GB market
• further to a reasoned request from the enforcement authority in GB, providing that authority with all the information and documentation necessary to demonstrate the conformity of the gas appliance
• cooperating with the enforcement authority in GB, at its request, on any action taken to eliminate the risks posed by appliances or fittings covered by the authorised representative’s mandate

An authorised representative must comply with all the duties, imposed on the manufacturer under the 2016 Regulation, that they are appointed for and mandated by the manufacturer to perform. The manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2016 Regulation and the 2018 Regulations to the manufacturer are to be taken to include a reference to the authorised representative including in relation to penalties for failure to comply with those duties.

7. Obligations of importers

An importer is a person or business based in the UK who places appliances and fittings on the GB market from a country outside the UK. This means that UK businesses which used to act as a ‘distributor’ before 1 January 2021 legally become an ‘importer’ if they place products from an EEA country on the GB market.

This includes appliances and fittings that are supplied to NI businesses from the EEA and then placed on the GB market. In this instance the NI business will take on importer obligations for EEA-supplied goods that are placed on the GB market (see also Section 11 on Qualifying Northern Ireland Goods).

Importers have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the required conformity assessment procedures, and including their (the importer’s) name, registered trade name or mark and a postal address on the equipment or, where this is not possible, on its packaging or in accompanying documentation.

To assist with the transition, the UK is applying a transitional period ending on 31 December 2027 see footnote 4 to allow those UK operators who import products into the GB market from the EEA or Switzerland to provide their details on the packaging or accompanying documentation as an alternative to placing them on the product itself. This applies to goods that are not qualifying Northern Ireland goods. For further detail on qualifying Northern Ireland goods, please see Section 11 on Qualifying Northern Ireland Goods.

Can you be contacted easily if there’s a problem?

A key principle underpinning product safety, for the benefit of consumers and regulators, is traceability of a product back to its source.

In recognition that under the new regulatory arrangements you may have the new status of an importer when placing gas appliances or fittings from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such appliances or fittings on the market (until 31 December 2027) to indicate your name, registered trade name or registered trade mark and a postal address on the appliance or fitting’s packaging or in a document accompanying the appliance or fitting, instead of on the appliance or fitting itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the appliance or fitting itself. This additional temporary easement is permitted until 31 December 2027.

We understand that there may be a period of adjustment to the new arrangements for importer documentation for the GB market, and it may be difficult to provide your details on documentation accompanying each and every individual product.

You may therefore use an alternative method where, for example, your contact information is on a document accompanying a batch of products. This document would then follow each batch of products through the distribution chain. Your contact details must follow each product through the distribution chain, but not necessarily by one document per product. Ultimately, the end user, each distributor (and a regulator) must be able to access the information.

Methods which enable traceability of the product after the initial batch has been broken up could include:

• The importer address is present in shipping documents.
• The importer address is present on the invoice to the GB customer.
• The importer address is present on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).
• The importer address is included on the EU Declaration of Conformity and/or UK Declaration of Conformity (whichever is relevant for the product in question).

You should work with your distributors to ensure physical documentation does accompany batches of product as far as possible, and in all cases that there are measures in place to ensure end users are able to identify the UK importer.

Alongside that, but not as an alternative, you can use your company website to provide more information, access to product details and contact points for retailers, consumers and enforcement bodies.

These options are for a time limited period only and may not be used after 31 December 2027. You are encouraged to put in place measures to ensure that individual items do carry the importer’s address where required ahead of this date.

The EU does not have any such transitional provision. In the absence of this, appliances and fittings being sold from GB to NI or the EU must be labelled with the NI or EU-based importer’s address.

Read guidance on the regulations in Northern Ireland

The obligations of importers in the UK include:

1. Before placing a gas appliance on the GB market, an importer must ensure that the appropriate conformity assessment procedures referred to in Article 14 have been carried out by the manufacturer. This means that the gas appliance must comply with the essential requirements set out in Annex I of the 2016 Regulation.
2. The importer must ensure that the manufacturer has drawn up technical documentation and the Declaration of Conformity; the gas appliance bears the UKCA marking see footnote 5; and is accompanied by required documents and information. Until 31 December 2027, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the appliance.
3. Before placing a fitting on the GB market, the importer must ensure that the appropriate conformity assessment procedure referred to in Article 14 of the 2016 Regulation has been carried out by the manufacturer.
4. The importer must ensure that the manufacturer has drawn up the technical documentation, that the fitting bears the UKCA marking see footnote 3 and is accompanied by a copy of the declaration of conformity containing, among other things, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I of the 2016 Regulation, and that the manufacturer has given the required information as out in Article 7(5) and (6) of the 2016 Regulation. Until 31 December 2027, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the fitting.
5. When deemed appropriate regarding the risk presented by an appliance or fitting, the importer must carry out sample testing of the appliances or fittings they have placed on the GB market, investigate and, if necessary, keep a register of complaints of non-conforming appliances and fittings and recalls of such appliances and fittings, and keep distributors informed of any such monitoring.
6. The importer must indicate on the relevant appliance or fitting their name, registered trade name or registered trademark and postal address. Where this is not possible it may be provided on the packaging or accompanying documentation, and in any event, can be done where the importer has imported the appliance or fitting from an EEA state and places it on the GB market before 31 December 2027.
7. The importer must keep a copy of the Declaration of Conformity and technical documentation for a period of 10 years after the gas appliance or the fitting has been placed on the GB market.
8. The importer must ensure that gas appliances or fittings under their responsibility are safely stored and transported in such a way that does not jeopardise conformity with the essential requirements.
9. Where they have reason to believe that the gas appliance or a fitting they have placed on the GB market is not in conformity with the 2016 Regulation, the importer must immediately take the corrective measures necessary to bring that appliance or fitting into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the appliance or the fitting presents a risk, the importer shall immediately inform the enforcement authority in GB to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. Read more information on how to notify the MSA.
10. The importer must also cooperate with and provide all necessary information and documentation to the enforcement authority in GB following any requests. They must also cooperate with the enforcement authority, at its request, on any action taken to eliminate the risks posed by appliances or fittings which they have placed on the GB market.

Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may also be placed on the GB market. See further detail in Section 11 on Qualifying Northern Ireland Goods.

8. Obligations of distributors

UK businesses which were distributors of goods within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they need to comply with – see section 7 above. The same applies to distributors of goods from the EEA and Switzerland.

The obligations of distributors include:

1. Before making a gas appliance or fitting available on the GB market, the distributor must take due care to ensure that it is in conformity with the 2016 Regulation.
2. Before making an appliance available on the GB market, the distributor must ensure that it bears the UKCA marking see footnote 2; is accompanied by required instructions and information that are clear, legible and in easily understandable English; and that the manufacturer and importer have complied with their obligations as to required labelling. Until 31 December 2027, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the appliance.
3. Before making a fitting available on the GB market, the distributor must ensure that the fitting bears the UKCA marking see footnote 5; is accompanied by a copy of the declaration of conformity containing, among other things, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I of the 2016 Regulation, in easily understandable English; and that the manufacturer and the importer have complied with the requirements as to required labelling. Until 31 December 2027, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the fitting.
4. The distributor must ensure that gas appliances or the fittings under their responsibility are safely stored and transported in such a way that does not jeopardise its conformity with the essential requirements.
5. Where they have reason to believe that the gas appliance or the fitting they have made available on the GB market are not in conformity with the 2016 Regulation, the distributor must make sure that the corrective measures necessary to bring that appliance or fitting into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the appliance or the fitting presents a risk, the distributor shall immediately inform the enforcement authority in GB to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. Read more information on how to notify the MSA.
6. The distributor must also cooperate with and provide all necessary information and documentation to the enforcement authority in GB following any requests. They must also cooperate with the enforcement authority, at its request, on any action taken to eliminate the risks posed by appliances or fittings which they have placed on the GB market.

9. Conformity assessment and marking – products placed on the GB market before 11pm 31 December 2024

If you place an individual fully manufactured product on the EEA or the UK market (either in Northern Ireland or Great Britain) before 11pm 31 December 2024, you do not need to do anything new. These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that take effect at 11pm 31 December 2024.

A fully manufactured good is ‘placed on the market’ when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating that the good was placed on the EEA or UK market before 11pm 31 December 2024.

Spares

Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.

This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).

If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with GB regulatory requirements, including the requirement for UKCA marking from 11pm 31 December 2024.

Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by market surveillance authorities.

10. Conformity assessment and marking – products placed on the GB market from 11pm 31 December 2024

Assessment through third-party organisations

From 11pm 31 December 2024, gas appliances or fittings intended for the GB market should be conformity assessed by a UK approved body and UKCA marked, not CE marked. See footnote 2

Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may be placed on the GB market after 11pm 31 December 2024. See further detail in Section 11 on Qualifying Northern Ireland Goods.

Rules around physically affixing the new UKCA conformity marking mirror those which currently apply for the application of the CE marking although, until 31 December 2027, the UKCA marking may be affixed to a label affixed to appliance or fitting or a document accompanying them, rather than being affixed to the appliance or fitting itself (even where it is otherwise possible to affix it to the appliance or fitting itself).

Reducing re-certification/re-testing costs for UKCA marking

The Government has introduced legislation to allow conformity assessment activities undertaken by EU-recognised Conformity Assessment Bodies (CABs), for CE certification before 11pm 31 December 2024, to be used by manufacturers, and other relevant persons, to declare existing product types as compliant with UKCA requirements. Products must still bear the UKCA marking and will need to undergo conformity assessment with a UK Approved Body at the expiry of the certificate or after 31 December 2027, whichever is sooner. For ongoing production, they will need to undergo conformity assessment with a UK Approved Body once any of the relevant CE certification has expired, or after 31 December 2027, whichever is sooner.

Before 11pm 31 December 2024, if an EU-recognised CAB has completed the relevant conformity assessment activities applying to a product intended for placing on the market after 11pm 31 December 2024, this would allow manufacturers to apply the UKCA mark without the need for any UK Approved Body involvement. They could continue to place their goods on the market on the basis of their existing CE certification following the end of 2024, for the lifetime of the certificate issued, or until 31 December 2027 (whichever is sooner).

Where manufacturers are using conformity assessment under existing CE certification before 11pm 31 December 2024 as the basis to demonstrate compliance with UKCA requirements for their products, it is recommended they include in the UK Declaration of Conformity the list of relevant UK designated standards and equivalent EU harmonised standards that apply to their product, as well as details of the EU-recognised CAB (or CAB recognised under an EU Mutual Recognition Agreement with a third country) which carried out the conformity assessment procedures.

This measure applies across all relevant module types.

Read guidance on UKCA marking

11. Qualifying Northern Ireland Goods

The government committed to providing unfettered access for qualifying Northern Ireland goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in Northern Ireland in accordance with the legislation, as it applies to Northern Ireland, can be sold in the rest of the UK without any additional approvals.

This means that products that are qualifying Northern Ireland goods can be sold in the rest of the UK if any of the following apply:

• the CE marking is lawfully applied to the good on the basis of self-declaration
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement) and a CE marking is affixed
• the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body and a CE marking has been affixed, or
• any mandatory third-party conformity assessment was carried out by a UK-based body, and the good is therefore marked with the CE marking and with the new UKNI marking

This will be the case even if there are changes between the EU rules that apply in NI under the terms of the Windsor Framework and the GB rules.

Read guidance on UKNI marking

NI businesses that are importing products from the EEA and placing them on the GB market must ensure that the relevant conformity assessment procedure has been carried out, that the technical documentation has been drawn up and that the appliance or fitting bears the CE marking. They will also have to comply with the importer labelling duties (see Section 6 on obligations of importers).

Read guidance on qualifying Northern Ireland goods

12. Approved Bodies

The UK has established a new framework for UK based bodies to assess appliances and fittings against GB rules. The existing active UK notified bodies have been granted new UK ‘approved body’ status and are listed on a new UK database.

Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2016 Regulation as amended.

These approved bodies retain their 4-digit identification number. New approved bodies will be assigned a number by the Office for Product Safety and Standards on behalf of the Secretary of State.

Approved bodies can assess appliances and fittings for the GB market against GB essential requirements (which are, as yet, the same as EU essential requirements).

Approved bodies must be established in the UK and be independent of the manufacturer. Approved bodies must examine the technical documentation and supporting evidence in respect of an appliance or fitting to assess the adequacy of the technical design.

Where an approved body finds that essential requirements have not been met by a manufacturer, they must not issue a certificate of conformity and they must require the manufacturer to take corrective measures.

View the register of UK Approved Bodies

The register also contains details of bodies in other countries such as Australia, New Zealand, Canada, Japan, and the United States of America, which the UK is designating as Approved Bodies through Mutual Recognition Agreements.

13. Enforcement

As set out in the 2018 Regulations as amended, for gas appliances intended for workplace use, or for use otherwise than at work in non-domestic premises, or made available to persons at a place where they may use the appliances or fittings provided for their own use there, the Health and Safety Executive (HSE) has a duty to enforce the 2018 Regulations in Great Britain.

In Great Britain local trading standards authorities have a duty to enforce the 2018 Regulations in relation to gas appliances or fittings for private use or consumption (other than in circumstances subject to the remit of HSE).

Where the gas appliances are intended to be used exclusively or primarily on relevant nuclear sites (as defined in Regulation 3(4) of the 2018 Regulations), the Office for Nuclear Regulation has a duty to enforce these Regulations.

The 2018 Regulations as amended provide the power to enforcement authorities to take action against economic operators for gas appliances and fittings that present a risk or are not in conformity with the 2016 Regulation as amended. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.

The 2018 Regulations also provide powers to the Secretary of State to enforce the 2018 Regulations, the 2016 Regulation as amended and RAMS (Regulation (EC) 765/2008 as retained in UK legislation after the UK left the EU, which sets out requirements for market surveillance of products).

The GB market surveillance authority will take all appropriate measures to withdraw from the GB market, to prohibit or to restrict the supply of gas appliances (and fittings) which may endanger the health and safety of persons, property or the environment.

Regulators’ Code

Market surveillance authorities must continue to have regard to the Regulators’ Code when developing the policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, regulators should clearly explain what the non-compliant item or activity is, the advice being given, actions required, or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising their regulatory functions.

Read the Regulators’ Code

Penalties

A person committing an offence under the 2018 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to three months for the most serious offences. It is matter for the enforcement authority to decide whether prosecution is appropriate in each case taking into account the circumstances of the case and the enforcement authority’s own policies, operational procedures and practices in line with the Regulators’ Code. Should a prosecution take place, it is at the discretion of the court to decide the penalties imposed on the offender.

14. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State.
• Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. Authorised representatives for the GB market must be based in the UK. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.

• Declaration of conformity – A document prepared by the manufacturer which must detail, among other things, the following:

  • the specific product to which the declaration is referring
  • the name and address of the manufacturer and, where applicable, their authorised representative

This must be kept by the manufacturer for a period of ten years from the date on which the gas appliance was placed on the GB market. This declaration must be made available to the enforcing authority upon request.

• Distributor – Any person in the GB supply chain, other than the manufacturer or the importer, who makes a gas appliance available on the GB market.
• Enforcing Authority – In Great Britain, for gas appliances in use in the workplace, this is the Health and Safety Executive. For gas appliances for consumer use this is local trading standards authorities. The Secretary of State is also an enforcing authority, as is ONR for nuclear sites.
• Importer – A person established in the UK who places a gas appliance from a country outside of the UK on the GB market. This includes a person based in NI who has been supplied with the product from an EEA country, who would, under NI law, be a distributor. A person who before 1 January 2021 (under EU Rules) distributed a gas appliance within the EU (including the UK, and including Switzerland) is now an importer if they are bringing gas appliances into GB from another country (including the EEA or Switzerland).
• Manufacturer – A person who manufactures a gas appliance or has a gas appliance designed or manufactured and markets that gas appliance under their name or trademark.
• UKCA Marking – The UKCA (UK Conformity Assessed) marking is the new UK conformity marking used for certain goods (including gas appliances and fittings) being placed on the GB market, in place of the CE marking which is the conformity marking used in Northern Ireland and the European Union.
• UKNI Marking (also known as the UK(NI) indication) – The UKNI marking is a new marking applied in addition to the CE marking, where a good requiring mandatory third-party conformity assessment has been tested against EU requirements by a UK body. The UKNI marking applies when placing such products on the Northern Ireland market. Under the Government’s unfettered access commitments, products lawfully marked with the UKNI marking can also be placed on the GB market if they are also qualifying Northern Ireland goods.

15. Footnotes

1: The following legislative amendments and Government announcements apply:

• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to Great Britain only, and not to Northern Ireland, in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) and now the Windsor Framework.
• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), and the UKCA marking, to amend the definition of “authorised representative” as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying Northern Ireland goods.
• On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 14 November 2022 the Government announced it would be extending this until 11pm 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.
• On 20 June 2022, the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.

2: Until 11pm 31 December 2024, appliances and fittings conforming to EU rules, including the CE marking, may be placed on the market of Great Britain.

3: On 24 August 2021 the Government announced the transition periods for UKCA marking and UKCA labelling would each be extended until 31 December 2022 and 31 December 2023 respectively. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 20 June 2022, the Government announced the provisions for UKCA labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the transition period for UKCA marking until 31 December 2024 and the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.

4: On 20 June 2022, the Government announced the provisions for importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.

5: Until 11pm 31 December 2024, appliances and fittings conforming to EU rules, including the CE marking, may be placed on the market of Great Britain – see below; qualifying Northern Ireland goods complying with NI rules, including the CE marking, may also be placed on the GB market – see below.