Energy Conservation Act 1981

PART IType approval of certain Energy-consuming Appliances

1Power to prohibit supply of certain appliances without type approval mark or approved operating and maintenance instructions

(1)This Part of this Act applies to the following appliances—

(a)any heat generator ;

(b)any gas-powered appliance for cooking, refrigeration, lighting or washing;

(c)any safety or control device designed to form part of any gas-powered heat generator or of any appliance within paragraph (b) above ;

and in this section " gas appliance" means any gas-powered heat generator and any "appliance within paragraph (b) or (c) above.

(2)The Secretary of State may by order prohibit persons from supplying or displaying, or from offering or agreeing to supply, a heat generator of any description specified in the order unless it bears a prescribed type approval mark and is accompanied by approved operating and maintenance instructions.

(3)The Secretary of State may by order prohibit persons from supplying or displaying, or from offering or agreeing to supply, a gas appliance of any description specified in the order unless a type approval is in force with respect to the model of appliance in question and, in such cases as may be prescribed by the order, the appliance also bears a prescribed type approval mark or is accompanied by approved operating and maintenance instructions (or both).

(4)In this Part of this Act " type approval mark " means, in relation to appliances of any description to which this Part of this Act applies, a mark or combination of marks—

(a)indicating that a type approval is in force for the model to which the mark or marks are applied ; and

(b)giving any approved particulars for that model which are required to be given by means of or in assocation with any mark indicating that a type approval is in force for the model to which it is applied.

(5)References in this Part of this Act, in relation to any model of appliance, to a type approval being in force for that model, are references to the fact that—

(a)that model has been approved as conforming to standards prescribed under this Part of this Act or by any relevant Community requirements, on the basis of an examination of samples of that model carried out under this Part of this Act or in accordance with those requirements (as the context may require); and

(b)the approval granted is still in force;

and references to type approval are references to the approval of any model as mentioned in paragraph (a) above.

(6)The approved particulars mentioned in subsection (4)(b) above are approved particulars with respect to any items of information which may be required under this Part of this Act or by any relevant Community requirements to be given as there mentioned; and references in this Part of this Act to approved particulars for any model of appliance are references to particulars approved as correct for that model in accordance with this Part of this Act or any such requirements.

(7)Any reference in any provision of this Part of this Act to relevant Community requirements is a reference to any requirements with respect to the matter to which that provision relates which are imposed by any Community instrument or in pursuance of any such instrument by the law of any member State other than the United Kingdom.

(8)In subsections (2) and (3) above "a prescribed type approval mark" means, in relation to appliances of any description—

(a)a type approval mark in any form prescribed by an order under this section for indicating that a type approval granted under this Part of this Act is in force for appliances of that description ; and

(b)any type approval mark indicating that a type approval granted in any other member State is in force for appliances of that description which is specified in any such order as a recognised indication of type approval for the purposes of this Part of this Act.

(9)An order under this section may not apply to supplying or displaying, or offering or agreeing to supply, second-hand appliances.

(10)In this section—

(a)" approved operating and maintenance instructions" means operating and maintenance instructions approved in accordance with the following provisions of this Part of this Act by any type approval body appointed under section 3 or with any relevant Community requirements by any person authorised in accordance with those requirements;

(b)" display ", in relation to an appliance of any description, means display with a view to procuring orders for the supply of appliances of that description ;

(c)" mark" includes any data plate, and any label or other device designed to be affixed to any appliance for the purpose of providing information, advice or instructions in relation to that appliance; and

(d)a person shall be taken to offer to supply an appliance if he exposes it for supply or has it in his possession for supply.

(11)In this Act, "heat generator" means any appliance designed for space heating or hot water production or both, being an appliance which uses energy in any form (including solar radiation) to generate or transmit the heat required for the purpose (including any such appliance which is also designed or may in fact be used for any other purpose).

2U.K. requirements for type approval and approval of operating and maintenance instructions

(1)The Secretary of State may by order prescribe—

(a)standards to be applied in determining applications for type approval under section 4 of this Act of any appliance to which this Part of this Act applies of a description specified in the order;

(b)any items of information to be provided by means of or in association with a U.K. type approval mark apart from the indication that a type approval is in force for the model in question; and

(c)the information to be provided and any other matters to be included in any operating and maintenance instructions supplied or intended for supply with any appliance of a description specified in the order in respect of which a type approval under section 4 is in force, or has been applied for, and the terms in which any such instructions are to be framed.

(2)Without prejudice to the generality of subsection (1)(a) above, standards for type approval prescribed under this section for appliances of any description—

(a)may impose requirements with respect to design, construction and manner of operation of appliances of that description; and

(b)may relate to the safety or efficiency of operation of such appliances or to both their safety and efficiency ;

and an order prescribing such standards may (as to all or any of the standards, prescribed) apply standards or parts of standards of which particulars have been published in the United Kingdom or elsewhere.

(3)Without prejudice (so far as concerns an order prescribing standards) to the generality of subsection (2) above, an order under this section may apply the requirements of any Community instrument with respect to any standards for type approval or other matter to which the order relates, to any extent and with any modifications specified in the order.

(4)References in this Part of this Act, in relation to any appliance to which this Part of this Act applies, to a U.K. type approval mark, are references to a type approval mark indicating that a type approval granted under this Part of this Act is in force for the model in question.

3U.K. type approval bodies

(1)The Secretary of State may appoint any person to act as a type approval body for the purposes of this Part of this Act and may revoke any such appointment if at any time he thinks fit to do so.

(2)It shall be the duty of type approval bodies appointed under this section—

(a)to carry out procedures for determining whether in the case of any model of appliance a type approval or an approval of operating and maintenance instructions should be granted under section 4 of this Act; and

(b)to perform such other functions as may be conferred on them by or under this Part of this Act.

(3)References below in this Part of this Act to a type approval body are references to any person for the time being holding appointment as such under this section.

4U.K. type approval and approval of operating and maintenance instructions

(1)The Secretary of State may by order make such provision as appears to him to be appropriate for—

(a)the examination by any type approval body specified in the order of appliances of any description to which this Part of this Act applies to determine whether appliances of the model in question conform to standards prescribed under section 2 of this Act; and

(b)the examination by any such body of any operating and maintenance instructions required under section 1 of this Act to be supplied with appliances of that description to determine whether those instructions comply with any requirements imposed under section 2 of this Act;

and the grant or refusal of a type approval for that model or (as the case may be) of approval of those instructions accordingly.

References below in this Part of this Act to " approval" are references to each kind of approval mentioned above.

(2)The provision authorised by subsection (1)(a) above in relation to appliances of any description shall include provision for determining, in connection with applications for type approval of any model of appliance, the correct particulars with respect to any items of information required under section 2 of this Act to be provided by means of or in association with any U.K. type approval mark applied to appliances of that description.

(3)Without prejudice to the generality of subsection (1) above, an order under this section may make provision with respect to any of the following matters—

(a)the right to apply for approval and the procedure to be followed in relation to applications;

(b)the fees which may be charged by type approval bodies in respect of applications or for the grant of approval;

(c)the information to be supplied and for the facilities to be afforded by an applicant to the type approval body to which the application is made;

(d)the examination of samples of appliances of the model to which an application for approval relates;

(e)the terms and conditions on which approval may be granted; and

(f)the issue, in such cases where type approval of any model or appliance is granted as may be prescribed by the order, of a document (referred to below in this Part of this Act as a type approval certificate) in such form as may be so prescribed, certifying that a type approval granted under this section is in force with respect to that model.

(4)A type approval certificate for any model of appliance—

(a)shall give any particulars approved under this section as correct for that model with respect to any items of information required under section 2 of this Act to be provided by means of or in association with any U.K. type approval mark applied to appliances of the description to which that model belongs ; and

(b)shall contain or be accompanied by such other information as may be prescribed by the order.

(5)The facilities an applicant for approval may be required by an order under this section to afford to any type approval body include facilities by way of—

(a)allowing access to or removal of any appliances of the model to which the application relates which are on any premises used for the manufacture or storage of such appliances, for the purposes of any examination authorised by the order;

(b)allowing inspection of any records in the applicant's possession containing information with respect to the production and testing of that model by the applicant or (where the applicant is not the manufacturer) by the manufacturer; and

(c)carrying out in accordance with any directions given by that body any examination authorised by the order which he is required by that body to carry out.

(6)An order under this section prescribing fees for applications for or grants of approval may require the type approval body to which any such fees are payable to pay to the Secretary of State, in respect of each such fee received, an amount specified in the order (representing a proportion of that fee).

5Control of conformity to approved type or instructions

(1)The Secretary of State may by order make such provision in relation to appliances of any description to which this Part of this Act applies as appears to him to be appropriate for the purpose of ensuring—

(a)that new appliances of any model for which a type approval granted under section 4 of this Act is in force continue to conform to the approved type; and

(b)that operating and maintenance instructions approved under that section for supply with any such model are and continue to be appropriate for that model ;

to any extent required by the order.

(2)The terms required by an order under section 4 of this Act to be imposed in granting an approval shall include terms requiring the holder of the approval—

(a)to take such measures for either of the purposes mentioned in subsection (1) above as may be prescribed by the order;

(b)to permit any type approval body authorised in accordance with the order to take such measures for either of those purposes as may be so prescribed; and

(c)to provide any such type approval body with any information or other facilities that body may require for the purpose of or in connection with taking any measures authorised by virtue of paragraph (b) above.

(3)Without prejudice to the generality of subsection (1) above, an order made by virtue of that subsection may confer functions on any type approval body specified in the order for either purpose mentioned in that subsection, and may in particular provide for the suspension or withdrawal by any such body of any approval granted under section 4 (and, in the case of a type approval, of any related type approval certificate)—

(a)on breach of any of the terms on which the approval was granted; ,.

(b)in the case of a type approval, if such number or proportion of samples of the model to which the approval relates as may be specified in the order fail, to such extent or in such respects as may be so specified, to conform to the approved type

(c)in the case of an approval of operating and maintenance instructions, if in any event mentioned in paragraph (b) above the failure of the samples to conform to the approved type is such as to render those instructions false or misleading in relation to those samples in any respect specified in the order or (where the order so provides) in any respect appearing to that body to be material;

(d)in the case of an approval of operating and maintenance instructions, if it appears to that body that there is evidence establishing that those instructions are false or misleading or otherwise inadequate in relation to appliances of the model to which the approval relates; and

(e)in such other circumstances as may be specified in the order.

(4)The Secretary of State may also make provision by order under this section authorising or requiring any type approval body specified in the order—

(a)to request any Community approval body to take measures in the member State in which the latter body is established corresponding to any measures the type approval body is authorised or required to take for the purpose of the exercise in the United Kingdom, in relation to appliances of any description to which this Part of this Act applies, of any of its surveillance functions; and

(b)to take in relation to appliances of any such description, at the request of any Community approval body specified in the order, any measures so specified corresponding to any measures the latter body is authorised or required to take for the purpose of the exercise in the member State in which it is established of functions corresponding to any of the surveillance functions of the type approval body ;

and references in subsection (2)(b) and (c) above to a type approval body shall accordingly be read as including references to a Community approval body acting in pursuance of a request made by virtue of paragraph (a) above.

(5)In subsection (4) above " Community approval body" means any person authorised in accordance with any relevant Community requirements to carry out functions in any member State other than the United Kingdom corresponding to any functions conferred on type approval bodies by or under this Part of this Act; and references to the surveillance functions of a type approval body are references to functions exercisable by any such body under this Part of this Act for the purpose of determining—

(a)whether appliances of any model for which a type approval granted under section 4 of this Act is in force continue to conform to the approved type; or

(b)whether any operating and maintenance instructions approved under that section for supply with any such model are or continue to be appropriate for that model; or

(c)whether the holder of any approval granted under that section is complying with the terms on which it was granted.

(6)Without prejudice to any power exercisable by a type approval body in relation to any appliances bearing a U.K. type approval mark—

(a)by virtue of any terms on which an approval was granted under section 4 of this Act; or

(b)under any order made by virtue of subsection (1) above;

the Secretary of State may by order require any type approval body specified in the order to take such measures as may be prescribed by the order for the purpose of determining whether new appliances of any description to which this Part of this Act applies which bear a type approval mark (whether or not a U.K. type approval mark) conform to the approved type.

(7)A particular appliance of any model for which a type approval is in force shall be regarded for the purposes of this section as conforming to the approved type if—

(a)it conforms to the standards applied in granting the type approval; and

(b)any approved particulars for that model with respect to any items of information required under this Part of this Act or by any relevant Community requirements to be provided by means of or in association with a type approval mark for that model are correct for that appliance.

6Withdrawal of U.K. approvals on change of standards under section 2

(1)Where the standards applied in granting type approvals for appliances of any description under section 4 of this Act are modified by a subsequent order under section 2 of this Act, the Secretary of State may direct that—

(a)any type approvals granted for appliances of that description under section 4 by reference to those standards (and any related type approval certificates); and

(b)any approvals granted under that section for operating and maintenance instructions intended for supply with appliances of that description ;

shall be withdrawn on a date specified in the direction.

(2)It shall be the duty of any type approval body for the time being exercising surveillance functions (within the meaning of section 5(4) of this Act) in relation to appliances of any description to which a direction under subsection (1) above applies to comply with that direction.

7Supervision by the Secretary of State of U.K. type approval bodies

(1)Without prejudice to his powers under sections 4 and 5 of this Act, the Secretary of State may by order make such provision as appears to him to be appropriate—

(a)for conferring rights and imposing duties on type approval bodies for the purpose of or in connection with the exercise of any of their functions under this Part of this Act;

(b)for appeals to the Secretary of State from any decision of a type approval body to refuse, suspend or withdraw any approval (otherwise than in accordance with section 6 of this Act) or to take any other action specified in the order by which any person may be aggrieved;

(c)for requiring an applicant for approval or the holder of any approval to supply the Secretary of State with any information he may require with respect to the production, testing and marketing of the model to which the application or the approval relates ;

(d)for the exercise by the Secretary of State in such circumstances as may be specified in the order of such of the functions of type approval bodies under this Part of this Act as may be so specified ; and

(e)for the delegation by type approval bodies of any of their functions with respect to the examination of appliances to such persons and on such terms as may be approved by the Secretary of State.

(2)The Secretary of State may give type approval bodies general directions as to the manner in which they are to exercise any of their functions under this Part of this Act; and it shall be the duty of a type approval body to comply with any such directions.

8Interpretation of Part I

In this Part of this Act—

(a)" functions " includes powers and duties ;

(b)" type approval mark " has the meaning given by section 1(4) of this Act;

(c)references to approval shall be construed in accordance with section 4(1) of this Act;

(d)references to approved particulars for any model of appliance shall be construed in accordance with section 1(6) of this Act;

(e)references to relevant Community requirements shall be construed in accordance with section 1(7) of this Act;

(f)references to type approval and to a type approval being in force for any model of appliance, to type approval bodies and to a type approval certificate shall be construed respectively in accordance with sections 1 (5), 3(3) and 4(3)(f) of this Act; and

(g)references to U.K. type approval marks shall be construed in accordance with section 2(4) of this Act.