The Plugs and Sockets etc. (Safety) Regulations 1987

Approval of kinds of electrical devices

7.—(1) Subject to the following provisions of this regulation, a specified person may, on application made to him by the manufacturer or supplier of an electrical device and after payment of the prescribed fee, approve a kind of such a device.

(2) In the case of an application made to the Secretary of State under paragraph (1) above, the Secretary of State may require the applicant to submit the application to another specified person for approval under paragraph (1) above.

(3) The prescribed fee payable under paragraph (1) above shall consist of the costs of the specified person of and in connection with the functions carried out or to be carried out by him in approving kinds of devices under this regulation.

(4) The specified person shall consider any such application but shall not give an approval under paragraph (1) above unless the applicant has submitted to him—

(a)such samples of the relevant kind of device as he may reasonably require; and

(b)such information relevant to the application (including test reports) as he may reasonably require.

(5) Subject to paragraphs (6) to (8) below, no specified person shall approve a kind of electrical device under these Regulations unless—

(a)the person is satisfied that devices of that kind will conform to the British Standard in relation to the device specified in Schedule 3 to these Regulations for the purposes of these Regulations; and

(b)the person is satisfied, by inspection or testing of devices, that the manufactuer of the device may reasonably be expected to ensure that normal production and design of the device will result in devices of that kind conforming to the standard.

(6) Where electrical devices of any kind have for the purposes of paragraph (5) above been subjected to a type test as described in a British Standard and a particular sample has failed to satisfy the test, then, notwithstanding any provision in the standard whereby on a successful retest of a sample devices of that kind are deemed to conform to the standard, electrical devices of that kind shall be treated for the purposes of this regulation as not conforming to the standard.

(7) Where an electrical device of the kind in question does not conform to a British Standard specified in Schedule 3 to these Regulations but is so constructed that it incorporates an alternative method of construction which provides an equivalent level of safety to devices which do so conform in respect of any risk of death or personal injury, a specified person may approve kinds of such devices, notwithstanding that they do not satisfy the provision made by the standard in relation to the risk covered by the provision made, so long as—

(a)the person is satisfied that—

(i)the alternative method of construction provides an equivalent level of safety and is such that devices of that kind may reasonably be expected to be safe in use; and

(ii)except in respect of the matter for which alternative provision is made, devices of that kind conform to the standard in question for the purposes of these Regulations; and

(b)where samples of the device which incorporate the alternative method of construction have been tested, the person is satisfied, by inspection or testing of devices, that the manufacturer of the device may reasonably be expected to ensure that normal production and design of the device will result in devices of that kind corresponding with the samples.

(8) Where an electrical device of the kind in question does not conform to a British Standard so specified and paragraph (7) above does not apply, no specified person shall approve a kind of electrical device unless samples of the device have been tested and the person is satisfied that such devices may reasonably be expected to be safe in use and is further satisfied, by inspection or testing, that the manufacturer of the device may reasonably be expected to ensure that normal production and design of the device will correspond with the samples.

(9) Any approval given under paragraph (1) above shall remain in force for seven years or for such shorter period as may be specified in the approval.

(10) A condition shall be attached to any such approval requiring the applicant, during the currency of the approval, to give to the specified person granting the approval such notice as may be specified in the approval of any changes in the devices of the kind approved.