Statutory guidance

Lifts Regulations 2016: Great Britain

Updated 11 December 2024

Guidance on the regulations they apply to lifts and components being supplied in or into Great Britain.

This guidance has been amended to reflect the announcements on 1 August 2023 and 24 January 2024 that the Government is extending recognition of certain goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024.

December 2024

1. Introduction

This Guide is for businesses placing lifts and safety components for lifts on the market in Great Britain (“GB”). If you are placing lifts and safety components for lifts on the market in Northern Ireland (“NI”), you should read separate guidance:

Read guidance on the regulations in NI.

This Guide is designed to help you comply with the Lifts Regulations 2016, as they apply in GB (referred to in this document as “the 2016 Regulations”). The 2016 Regulations set out the requirements which must be met before products within their scope can be placed on the GB market. The purpose of the legislation is to ensure safe products are placed on the GB market by requiring manufacturers and installers to show how their products meet the ‘essential health and safety requirements’.

2. Legislative Background

The Lifts Regulations 2016 implemented into UK law EU Directive (2014/33/EU) relating to lifts and safety components for lifts. The EU Withdrawal Act 2018 preserved the Regulations and enabled them to be amended so as to continue to function effectively now the UK has left the EU. Accordingly, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 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 2016 Regulations, but some of the provisions apply differently in NI under the terms of the Windsor Framework. References to the 2016 Regulations in this guidance are references to those Regulations as they apply in GB.

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 GB only, and not to NI, 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), 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 NI 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 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave 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.
• On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law.

For guidance on placing on the NI market, please see:

Read guidance on the regulations in NI.

3. Scope

The 2016 Regulations apply to lifts permanently serving buildings or constructions and safety components for use in such lifts.

The 2016 Regulations do not apply to lifts and safety components for lifts placed on the GB market before 8 December 2016.

The 2016 Regulations do not apply to a lift or a safety component for lifts insofar as and to the extent that the essential health and safety requirements relate to risks wholly or partly covered by other specific enactments applicable to that lift or safety component. There are also other exclusions set out in the 2016 Regulations. For a full list of exclusions please refer to the 2016 Regulations.

Lifts Regulations 2016 – legislation.gov.uk

Please note the 2016 Regulations were amended to correct a minor but important error in Regulation 3.

Lifts (Amendment) Regulations 2016 – legislation.gov.uk

4. Obligations of installers

An installer is a person who takes responsibility for the design, manufacture, installation and placing on the GB market of a lift.

The obligations of installers of lifts include:

1) Before placing a lift on the GB market, the installer must ensure that the lift has been:

a) designed, manufactured, installed and tested in accordance with the essential health and safety requirements

b) subject to a relevant conformity assessment procedure and the relevant technical documentation has been drawn up

2) Once these steps have been completed, and before placing a lift on the GB market, the installer must:

a) draw up a declaration of conformity ^{[footnote 1]}

b) ensure that the declaration accompanies the lift

c) affix the relevant conformity assessment marking visibly, legibly and indelibly to the lift carrier (see section 9 (or section 10 for Qualifying NI Goods))

3) The installer must keep the declaration of conformity up to date and must keep it and where applicable, any approval decision, as well as the relevant technical documentation for 10 years.

4) The installer must label their products with their name, registered trade name or registered trade mark and address; the type batch or serial number (or other identification) and ensure that they are accompanied by relevant instructions in clear, legible and easily understandable English.

5) The installer must when appropriate investigate any complaints that the lifts they have installed are not in conformity with the requirements and keep records of these complaints.

6) The installer must take action where they have reason to believe that the lifts are not in conformity with the 2016 Regulations by bringing the lift components into conformity, withdrawing the components or recalling the components. Where the components present a risk, the installer must immediately inform the market surveillance authority (MSA), giving details of how the components are not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

7) The installer must also cooperate with and provide information to enforcing authorities following any requests.

8) The installer and the person responsible for work on a building or construction where a lift is to be installed must also provide each other with the necessary information and take the appropriate steps to ensure the proper operation and safe use of the lift.

Requirement to provide ‘refuge’

There is a requirement in the Lifts Regulations (Schedule 1, Essential Health and Safety Requirements 3.2 – 3.4) for free space or “refuge” above and below the lift to provide protection for those persons who are present in the lift shaft for maintenance or other purposes, if the lift moves to one of its extreme positions.

Where in individual cases this is not possible to do so (for example the lift is replacing an original lift in an old building which predates current standards, or there are any relevant legal restrictions) the installer must ensure the proposed lift installation is given prior approval by the Secretary of State called ‘derogation’ from the Lifts Regulations.

To apply for ‘derogation’ please send an email with your contact details to opss.engineering@businessandtrade.gov.uk including a brief description and address of the building, the proposed installation, the proposed dimensions of any refuge space, and why it would not be possible to meet the requirements for refuge space(s). You should include any relevant supporting information with the email.

You will receive a response from OPSS within 5 working days providing a decision or to seek any further information required.

5. Obligations of manufacturers

A manufacturer is a person who manufactures a safety component for lifts, or has such a safety component designed or manufactured, and markets that safety component under their name or trademark.

The obligations of manufacturers of safety components for lifts include:

1) Before placing a safety component on the GB market, the manufacturer must ensure that:

a) it has been designed and manufactured in accordance with the essential health and safety requirements and that

b) they have had have a relevant conformity assessment procedure carried out and technical documentation drawn up

2) Once these steps are complete, but before placing the component on the GB market, the manufacturer must:

a) draw up a declaration of conformity

b) ensure that declaration accompanies the safety component

c) affix the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI Goods)) visibly, legibly and indelibly to the safety component for lifts. Where it is not possible on account of the nature of the safety component to affix the relevant conformity assessment marking to the safety component it must be affixed to a label inseparably attached to the safety component

3) The manufacturer must keep the declaration of conformity up to date and keep it, the technical documentation and where appropriate any approval decision, for 10 years after the product has been placed on the market.

4) The manufacturer must label the safety components for lifts with their name, registered trade name or registered trademark and address; the type batch or serial number (or other identification); and ensure that they are accompanied by relevant instructions in clear, legible and easily understandable English.

5) The manufacturer must put procedures in place to ensure that series production remains in conformity with the Regulations and, when appropriate, take action to monitor safety components made available on the GB market by them which may present a risk, keeping a register of such components and any complaints or action taken.

6) When appropriate, having regard to the risks to the health and safety of end users presented by a safety component for lifts, the manufacturer must carry out sample testing of safety components they manufactured and placed on the GB market, and investigate any complaints that the safety components are not in conformity with the 2016 Regulations, keep records of these complaints, of safety components for lifts found not to be in conformity, and of safety components for lifts recalls, for at least 10 years and keep installers and distributors informed of actions carried out.

7) Manufacturers must take action where they have reason to believe that the lifts are not in conformity with the 2016 Regulations by bringing the lift components into conformity, withdrawing the components or recalling the components. Where the components present a risk, the manufacturer must immediately inform the MSA, giving details of how the components are not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

8) The manufacturer must also cooperate with and when requested provide information and documentation to enforcing authorities.

Manufacturers wishing to place goods on the NI market should follow the Regulation as it applies to NI. Qualifying NI goods can be placed on the GB market without any additional approvals, although additional information as to the UK based importer may be required, if the goods have an importer based in the EU/EEA. See further detail in Section 10 on Qualifying NI Goods.

6. Obligations of authorised representatives

Manufacturers or installers 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 NI, but cannot be based outside the UK. A manufacturer or installer can only mandate an authorised representative established in the UK, under the 2016 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 installer’s behalf for a lift or on the manufacturer’s behalf for a safety component for lifts being placed on the NI or EEA markets. Therefore, a GB manufacturer selling a safety component for lifts to the EEA or into NI, 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 NI or the EEA.

An authorised representative must comply with all the duties imposed on the installer or manufacturer under the 2016 Regulations that they are appointed by the installer or manufacturer to perform. These include, in relation to lifts, the obligations to retain technical documentation and the declaration of conformity. The manufacturer or installer remains responsible for the proper performance of those obligations.

Any references in the 2016 Regulations to the manufacturer or installer are to be taken as 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 safety components for lifts 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 is now legally an ‘importer’ if they place products from an EEA country or Switzerland on the GB market and therefore must comply with the importer duties under GB legislation.

This includes safety components for lifts 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 10 on Qualifying NI Goods).

Importers have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the right conformity assessment procedures, and including their (the importer’s) name, registered trade name or mark and a postal address on the safety component 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 31 December 2027 ^{[footnote 2]} to allow those GB operators who supply products from the EEA or Switzerland (who from 1 January 2021 are importers into the GB market) to provide their details on the packaging or in an accompany document as an alternative to placing them on the safety component itself. This applies to goods that are not qualifying NI goods. For further detail on qualifying NI goods, please see Section 10 on Qualifying NI Goods.

Can you be contacted easily if there is 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 regime you may have the new status of an importer when placing safety components for lifts from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such safety components on the market (until 31 December 2027) to indicate your name, registered trade name or registered trade mark and a postal address on the safety component’s packaging or in a document accompanying the safety component, instead of on the safety component itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the safety component itself. This additional temporary easement is permitted until 31 December 2027. ^{[footnote 2]}

We understand that 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, lifts and components being sold from GB to NI or the EEA must be labelled with the NI or EU-based importer’s address. For further detail about placing on the NI market please see:

Read guidance on the regulations in Northern Ireland.

The obligations of importers include:

1) The importer must not place a safety component for lifts on the GB market unless it is in conformity with the essential health and safety requirements.

2) Before placing safety components for lifts on the GB market, the importer must ensure that:

a) the relevant conformity assessment has been carried out by the manufacturer

b) the manufacturer has drawn up technical documentation

c) safety components for lifts have the relevant conformity assessment marking (section 9 (or section 10 for Qualifying NI Goods)) visibly, legibly, and indelibly and are accompanied by the declaration of conformity

d) the manufacturer has complied with their obligations with regard to labelling and instructions

3) The importer must keep a copy of the declaration of conformity and where applicable any approval decision for a period of 10 years after the safety component has been placed on the GB market. They must also be able to make the technical documentation available to the enforcing authorities upon request.

4) The importer must provide their name trade, registered trade name or registered trade mark and a postal address at which they can be contacted on the safety component, or where this is not possible, or where the importer has imported the safety component from an EEA state or Switzerland and places it on the GB market before 31 December 2027, on its packaging or in an accompanying document.

5) The importer must ensure that when placing a safety component for lifts on the GB market, it is accompanied by instructions and information in English which can be easily understood by the end user.

6) When appropriate, having regard to the risks to the health and safety of end users presented by a safety component for lifts, the importer must carry out sample testing of safety components they import and must investigate complaints about safety components that are not in conformity with the 2016 Regulations and keep a register of those complaints. They must also keep distributors informed of any sample testing or investigation.

7) The importer must take action where they have reason to believe that the lifts are not in conformity with the 2016 Regulations by bringing the lift components into conformity, withdrawing the components or recalling the components. Where the components present a risk, the importer must immediately inform the MSA, giving details of how the components are not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

8) The importer must also cooperate with and when requested provide information and documentation to enforcement authorities.

9) The importer must ensure that while safety components for lifts are under their responsibility, their storage and transport conditions do not jeopardise their conformity with the essential health and safety requirements.

Qualifying NI goods complying with the legislation as it applies in NI, including affixing the CE marking, may also be placed on the GB market. See further detail in Section 10 on Qualifying NI Goods.

8. Obligations of distributors

UK businesses which were distributors of safety components for lifts within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they may face – see section 7 above. The same applies to distributors of goods from the other EEA countries and Switzerland.

A distributor is a person in the GB supply chain, other than the manufacturer or importer, who makes safety components for lifts available on the GB market.

The obligations of distributors include:

1) When making a safety component for lifts available on the GB market, the distributor must act with due care to ensure that it is in conformity with the 2016 Regulations, which means the safety component must be in conformity with the essential health and safety requirements, amongst other requirements.

2) The distributor must verify that:

a) the safety component bears the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI Goods)); is accompanied by the declaration of conformity and required documents; that it is accompanied by instructions

b) the importer and manufacturer have complied with their obligations as to required labelling

3) The distributor must not make available on the GB market a safety component for lifts unless they conform to the essential health and safety requirements.

4) The distributor must take action where they have reason to believe that the lifts are not in conformity with the 2016 Regulations by bringing the lift components into conformity, withdrawing the components or recalling the components. Where the components present a risk, the distributor must immediately inform the MSA, giving details of how the components are not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

5) The distributor must ensure that while safety components for lifts are under their responsibility, their storage and transportation conditions do not jeopardise their conformity with the essential health and safety requirements.

6) The distributor must cooperate with and provide information to enforcement authorities following any requests.

9. Conformity assessment and marking before placing products on the GB market

As set out in section 5 above, before placing a lift or safety component on the GB market, the installer/ manufacturer must:

a) design and manufacture the product in accordance with the essential safety requirements

b) determine the conformity procedure that applies, carry out the relevant conformity assessment procedure, (or have it carried out by an independent third party, depending on the category the product falls into), and draw up the relevant technical documentation.

The product should then be marked with the applicable conformity assessment marking, provided it meets the essential requirements, and the relevant conformity assessment procedure has been carried out and/or a certificate has been issued by the relevant body.

What conformity assessment marking should the product have and when?

In line with the Government’s announcements on 1 August 2023 and 24 January 2024 about extended recognition of CE marking for products intended for the GB market, the Product Safety and Metrology etc. (Amendment) Regulations 2024 were made on 23 May 2024, and came into force on 1 October 2024.

These regulations extend recognition of CE marking indefinitely in GB. This allows businesses to use either CE or UKCA markings when placing goods on the GB market beyond 31 December 2024.

However, if GB based businesses wish to place products on the EEA market, they will continue to require a CE marking before the product is placed on the EEA market, including NI.

Placing on the market in GB	Conditions to be met	Timeframe
Can be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20
Must be UKCA marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20
Can be UKCA marked, but not CE marked	If the product is intended for placing on the GB market after 1 October 2024, and conformity assessment steps have been begun by an EU Notified Body and completed by a UK Approved Body, and has met all the essential safety requirements	New, since 1 October 2024

Placing on the market in NI	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body and meets all the essential safety requirements	Since 31/12/20
Must be CE + UKNI marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20

Placing on the market in EEA	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20

Can a product be dual marked CE and UKCA?

Yes, but only, and before placing on market:

a) where an EU Notified Body has completed conformity assessment procedures for CE marking, and

b) where a UK Approved Body has completed conformity assessment procedures for UKCA marking, and it meets all the essential safety requirements

OR from 1 October 2024:

c) where an EU Notified Body has completed conformity assessment procedures for CE marking and it meets all the essential safety requirements, the product can also be UKCA marked, or

d) where an EU Notified Body has begun conformity assessment procedures for CE marking, and these have then been completed by a UK Approved Body for UKCA marking and it meets all the essential safety requirements, the product can be UKCA marked

Can a CE marked product already on the market, subsequently be UKCA marked?

A product already on the market, marked with a CE marking, cannot subsequently be UKCA marked, unless it has undergone full conformity assessment by a UK Approved Body and meets all the essential requirements.

Any queries about CE marking or UKCA marking policy should be directed to Goods.Regulation@businessandtrade.gov.uk.

Where do I affix the conformity assessment marking?

The conformity assessment marking should be affixed visibly, legibly and indelibly to the product. Where it is not possible or not warranted on account of the nature of the product to affix the conformity assessment marking directly on the product (or its data plate), then it can be affixed to the packaging and accompanying documents.

Until 31 December 2027, the UKCA marking may be affixed to a label affixed to the product or a document accompanying the product, rather than being affixed to the product itself (even where it is otherwise possible to affix it to the product itself). ^{[footnote 3]}

Placing on the market

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

Products imported for further manufacture and components

When products are imported into GB for further manufacture or processing, they are not considered placed on the market. Only fully manufactured products can be considered placed on the market. Under these circumstances, the GB manufacturer of the finished product has the sole and ultimate responsibility for ensuring it is compliant before they place it on the GB market.

A finished product must be compliant with all applicable legislation when placed on the GB market. Components may be placed on the market separately and can constitute a fully manufactured product in its own right. This may include a requirement for the components of the product to be individually conformity assessed and marked. However, for many products, a single marking covering the overall product is sufficient.

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).

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 MSAs.

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 the relevant legislative requirements at the time the product is first placed on the market or put into service.

10. Qualifying Northern Ireland Goods

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

This means that products that are qualifying NI 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, or
• 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

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 lifts and components bear the CE marking. They will also have to comply with the importer labelling duties (see Section 7 on obligations of importers).

Read guidance on qualifying NI goods.

11. Approved Bodies

The UK established a new framework for UK based bodies to assess products against GB rules. The existing active UK notified bodies were granted new UK ‘approved body’ status and 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 for the GB market as set out in the 2016 Regulations.

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 products for the UK 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 a product to assess the adequacy of the technical design.

Where an approved body finds that essential safety 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.

12. Enforcement and penalties

In GB, the Health and Safety Executive has a duty to enforce these Regulations in respect of lifts and safety components that are used in the workplace and the Secretary of State is responsible for enforcing these Regulations in respect of products for private use. The Secretary of State’s powers are exercised by the Office for Product Safety and Standards.

The Secretary of State may appoint a person to act on their behalf.

The 2016 Regulations also provide powers to the Secretary of State to enforce RAMS (Regulation EC 765/2008 which sets out requirements for market surveillance of products), as amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, in its application to lifts and safety components for lifts.

The 2016 Regulations provide powers to MSAs to take action to protect consumers, workers and users from the risks associated with unsafe lifts or safety components and can take action against economic operators that present a risk or are not in conformity with the Regulations. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request. GB MSAs will take all appropriate measures including to withdraw from the market or to prohibit and restrict the supply of products which may endanger the health and safety of persons and where appropriate to the safety of property.

Regulators’ Code

MSAs 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 his regulatory functions.

Read the Regulators’ Code.

Penalties

A person committing an offence under the 2016 Regulations will be liable to a penalty. Penalties can include a fine or a prison sentence of up to three months for the most serious offences.

While it is matter for the enforcement authority to decide whether prosecution is appropriate in each case, should a prosecution take place, it is at discretion of the court to decide the penalties imposed on the offender.

13. 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.
• CE marking – The conformity assessment marking used by the European Union. Certain goods (including simple pressure vessels) can be placed on the GB market bearing the CE marking. Where third party conformity assessment is required before the CE marking can be affixed, the assessment must be carried out by a Notified Body, not a UK Approved Body.

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

  • the specific safety component 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 safety component for lifts was placed on the GB market. This declaration must be made available to the enforcing authority upon request.

• Enforcing Authority – In GB, for lifts or safety components for lifts in the use in the workplace, this is the Health and Safety Executive. For lifts or safety components for lifts for private use this is the Secretary of State.
• Importer – A person established in the UK who places a safety component for a lift from a country outside of the UK on the GB market. A person who before 1 January 2021 (under EU Rules) distributed lifts or components within the EU (including the UK) is now an importer if they are bringing a lift or components into GB from another country (including EU Member States). 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.
• Manufacturer – A person who manufactures safety components for lifts or has them designed or manufactured and markets them under their name or trademark.
• UKCA marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods (including safety components) being placed on the GB market.
• 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 NI 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 NI goods.

14. Footnotes

1. A Declaration of Conformity is a document that declares that the product is in conformity with the relevant statutory requirements applicable to the specific product. ↩

2. 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. ↩ ↩²

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) gave effect to this. ↩