(6), 8

(6)or 10

(3)of the Directive or Regulation 8(g), 9(h) or 11

(2)(

1. c)of these Regulations, (
2. h)the information allowing identification of the lift or safety component has not been indicated in compliance with Article 7

(5)or 8

(5)of the Directive or Regulation 8(

1. f)or 9(
2. g)of these Regulations, or (
3. i)a lift or safety component is not accompanied by the documents referred to in Article 7

(7)or 8

(7)of the Directive or Regulation 8(

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

(2)Where the non-compliance referred to in paragraph

(1)persists, the market surveillance authority shall take all appropriate measures to restrict or prohibit the use of the lift or to recall it or to restrict or prohibit the making available on the market of the safety component or shall ensure that the component is recalled or withdrawn from the market. PART 6 POWERS OF THE MARKET SURVEILLANCE AUTHORITY General 34.

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

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

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

(2)of the Act of 2005 together with a form of personal identification. Powers of inspectors 35.

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

(4), at any time enter— (

1. i)the premises of an economic operator, (
2. ii)the premises where a product is installed, or (iii) any other place or premises where entry on same is necessary to ensure that the objectives of the Directive are achieved; (
3. b)inquire into, search, examine and inspect— (
4. i)any place referred to in paragraph 1(a), (
5. ii)any activity, installation, process, procedure, matter or thing at or in that place, and (iii) any product or any record relating to such product, to ascertain whether the the Directive or these Regulations have been or are being complied with and, for that purpose, take with him or her and use any equipment or materials he or she considers necessary; (
6. c)require that that place and anything at or in it be left undisturbed for so long as is reasonably necessary for the purposes of any search, examination, investigation, inspection or inquiry under the Directive or these Regulations; (
7. d)require the person in charge to produce to the inspector— (
8. i)any product or partly completed product which is in the possession or under the control of such person, and (
9. ii)any records, and in the case of such information in a non-legible form, to reproduce it in a legible form, and to give to the inspector such information as the inspector may reasonably require in relation to any entries in those records; (
10. e)inspect and take copies of or extracts from any such records or any electronic information system at that place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided; (
11. f)require a person at or in that place by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the inspector access thereto and all reasonable assistance as the inspector may require; (
12. g)remove from that place and retain the records (including documents stored in a non-legible form) and copies taken and retain the records for such period as the inspector reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings; (
13. h)require that records at or in that place be maintained for such period as may be reasonable; (
14. i)require the person in charge to give the inspector such information as the inspector may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations; (
15. j)require the person in charge to give the inspector such assistance and facilities within the person’s power or control as are reasonably necessary to enable the inspector to exercise any of his or her powers under these Regulations; (
16. k)require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the inspector any information that the inspector may reasonably require in relation to the place, any product, equipment, item, activity, installation or procedure at or in the place, and to produce to the inspector any records that are under that person’s power or control; (
17. l)examine any person whom the inspector reasonably believes to be able to give to the inspector information relevant to any search, examination, investigation, inspection or inquiry under these Regulations and require the person to answer such questions as the inspector may ask relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers; (
18. m)require that any procedure be followed for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations; (
19. n)take any measurements or photographs or make any tape, electrical or other recordings that the inspector considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations; (
20. o)take samples of air, soil, water or waste at or near that place; (
21. p)where appropriate, install, use and maintain at that place monitoring instruments, systems and seals for the purposes of the Directive or these Regulations; (
22. q)at that place, or at any other location, carry out, or have carried out, such testing, examination or analysis of any item or product found at that place, as he or she reasonably considers to be necessary, and for that purpose— (
23. i)require the person in charge to supply to the inspector without charge any product, equipment or item, or samples thereof, or (
24. ii)remove, or have removed, to another location, any product, equipment or item, or samples thereof; (
25. r)cause any product found at that place in respect of which there has been or there appears to the inspector to have been a contravention of the Directive or these Regulations, to be subjected to any testing, examination or analysis in accordance with subparagraph (
26. q)(but not so as to damage or destroy it unless same is necessary for the purposes of the Directive or these Regulations) and where an inspector proposes to exercise the power conferred by this subparagraph in the case of any such product found at any place, he or she shall, if so requested by the person in charge, cause anything that is to be done by virtue of that power to be done in the presence of that person, save that the person in charge is responsible for his or her own costs in attending at the exercise of the inspector’s powers and cannot unreasonably delay the inspector in the exercise of those powers; (
27. s)remove and retain for such period as is necessary any product, equipment or item found at that place for all or any of the following purposes: (
28. i)to examine or arrange for the examination, testing or analysis of the product, equipment or item; (
29. ii)to ensure that it is not tampered with before the examination of it under subparagraph (
30. i)is completed; (iii) to ensure that it is available for use as evidence in any proceedings; (
31. t)where necessary— (
32. i)require the disposal or destruction of any product presenting a serious risk in respect of which there has been or there appears to the inspector to have been a contravention of the Directive or these Regulations at the expense of the person in charge, or remove that product and arrange for it to be disposed of or destroyed at the expense of the person in charge, and (
33. ii)require that such disposal or destruction shall be— (I) such as will prevent the product from being used or placed on the market, and (II) in compliance with requirements under the Waste Management Acts 1996 to 2003; (
34. u)require the recall or removal from the market of a product by the person who has placed or made available that product on the market, where it appears to the inspector that, in relation to that product, the Directive or these Regulations have been contravened.

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

(3)Before exercising any of the powers conferred by subparagraphs (q) to (t) of paragraph

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

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

1. a)with the consent of the occupier, or (
2. b)in accordance with a warrant of the District Court issued under paragraph

(7)authorising such entry.

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

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

(1)(a), an application may be made to the District Court for a warrant under paragraph

(7)authorising such entry.

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

1. a)there is any product, equipment or item at any place or premises or any records (including documents stored in a non-legible form) or information, relating to a place, premises or to a product, that the inspector requires to inspect for the purposes of the Directive or these Regulations, held at any place or premises, or (
2. b)there is, or such an inspection is likely to disclose, evidence of a contravention of the Directive or these Regulations, the judge may issue a warrant authorising an inspector, accompanied by such other inspectors or such other competent persons as may be appropriate or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter that place or premises, if necessary by the use of reasonable force, and perform the functions conferred on an inspector by or under these Regulations.

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

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

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

(1)(i), (

1. k)or (
2. l)shall not be admissible in proceedings brought against that person for an offence (other than an offence under Regulation 45

(4)) relating to a breach of, or failure to comply with, an obligation in the said paragraph

(1)(i), (

1. k)or (l). Measures entailing refusal or restriction 36. An inspector who finds that— (
2. a)the CE marking

(6),8

(6)or 10

(3)of the Directive or Regulation 8(g), 9(h) or 11

(2)(c), (h) the information allowing identification of the lift or the safety component has not been indicated in compliance with Article 7

(5), 8

(5)of the Directive or Regulation 8(

1. f)or 9(g), or (
2. i)the lift or the safety component for lifts is not accompanied by the documents referred to in Article 7

(7), 8

(7)of the Directive or Regulation 8(h) or 9(i), or those documents are not in compliance with the applicable requirements, may issue a direction in writing to the relevant economic operator to put an end to the non-compliance observed within a specified timeframe. Contravention notice 37.

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

1. a)is contravening or has contravened any of the provisions of the Directive or these Regulations, or (
2. b)has failed to comply with a direction under Regulation 36, may serve a notice on the person who has or may reasonably be presumed to have control of the activity concerned.

(2)A contravention notice shall— (a) state that the inspector is of the opinion referred to in paragraph

(1), (b) specify the grounds for the inspector being of the opinion referred to in paragraph

(1)and specify the Regulation or Regulations concerned, (

1. c)identify the relevant provision in respect of which that opinion is held, (
2. d)direct the person, where required, to— (
3. i)remedy the contravention or the matters occasioning that notice, (
4. ii)cease placing or making available the product on the market or putting it into use, (iii) remove the product from the market, (
5. iv)recall the product, (
6. v)dispose of the product, (
7. vi)destroy the product where it presents a serious risk, by a date specified in the notice that shall not be earlier than the end of the period within which an appeal may be made under Regulation (38

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

(1)and

(2), (

1. f)include any other requirement that the inspector considers appropriate, (
2. g)state that if the person to whom the notice is addressed fails to take such measures as are specified in the notice within the time period specified in that notice, that person commits an offence, and (
3. h)be signed and dated by the inspector.

(3)A contravention notice may include directions— (

1. a)as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and (
2. b)to bring the notice to the attention of any person who may be affected by it, or to the public generally.

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

(5)Where a person on whom a contravention notice has been served confirms in writing to the inspector in accordance with paragraph

(4)that the matters referred to in the contravention notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of compliance with the contravention notice.

(6)An inspector may— (

1. a)withdraw or amend a contravention notice at any time, or (
2. b)where no appeal is made or pending under Regulation 38

(1), extend the period specified under paragraph

(2)(d) of this Regulation.

(7)Where there is no appeal under Regulation 38

(1), the contravention notice shall take effect on the later of— (

1. a)the end of the period for making an appeal, or (
2. b)the day specified in the notice.

(8)A person shall comply with a contravention notice under this Regulation. Appeal against contravention notice 38.

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

(2)A person who appeals under paragraph

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

(3)Where an appeal under paragraph

(1)is taken, and the contravention notice is not cancelled, the notice shall take effect on the later of— (

1. a)the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or (
2. b)the day specified in the notice.

(4)Subject to paragraph

(5), in the case of a product which the inspector does not consider to present a serious risk requiring rapid intervention under Article 20 of EU Regulation 765/2008, the intended recipient of a measure referred to in Regulation 37

(1)shall have the opportunity to make representations within 10 working days of first being advised of the inspector’s intention, to the market surveillance authority in advance of the measure being taken.

(5)Where, due to the urgency of the measure referred to in Regulation 37

(1), as justified in particular by public health, security or safety requirements, it is not possible to give the person concerned the opportunity to make representations in advance of the measure being taken, the market surveillance authority shall give such opportunity, as soon as may be, thereafter. Prohibition notice 39.

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

1. a)on the person who is or who may reasonably be presumed to be in control of the activity concerned, where that inspector is of the opinion that at any place there is occurring or is likely to occur any activity relating to a product that gives rise to or is likely to give rise to a serious risk requiring rapid intervention, including a serious risk the effects of which are not immediate, or (
2. b)on any person in relation to a product in respect of which a direction under Regulation 37 or a contravention notice has been issued but not complied with.

(2)A prohibition notice shall— (a) state that the inspector is of the opinion referred to in paragraph

(1), (

1. b)state the reason for that opinion, (
2. c)specify the activity in respect of which that opinion is held, (
3. d)where in the opinion of the inspector the activity involves a contravention, or likely contravention of any provision of the Directive or these Regulations, specify the provision, (
4. e)prohibit the carrying on of the activity concerned until the matters that give rise or are likely to give rise to the risk are remedied, (
5. f)inform the person concerned that he or she may appeal the prohibition notice to the District Court in accordance with Regulation 40

(1), (

1. g)state that if the person to whom the prohibition notice is addressed fails to comply with the notice within the time period specified in the notice, that person commits an offence, and (
2. h)be signed and dated by the inspector.

(3)A prohibition notice may include directions— (

1. a)as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and (
2. b)to bring the notice to the attention of any person who may be affected by it, or to the public generally.

(4)A prohibition notice shall take effect— (

1. a)when the notice is received by the person on whom it is served, or (
2. b)where an appeal is brought against the prohibition notice, on the day immediately following— (
3. i)the day on which the notice is confirmed on appeal or the appeal is withdrawn, or (
4. ii)the day specified in the notice, whichever occurs later.

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

(6)Where a person on whom a prohibition notice has been served confirms in writing to the inspector in accordance with paragraph

(5)that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of such compliance with the prohibition notice.

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

1. a)the inspector is satisfied that the activity to which the notice relates no longer gives rise to a serious risk to safety or health, or (
2. b)the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.

(8)A person shall comply with a prohibition notice under this Regulation. Appeal against prohibition notice 40.

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

(2)Where, on the hearing of an appeal under this Regulation, a prohibition notice is confirmed, notwithstanding Regulation 39

(4), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition notice for such period as in the circumstances of the case the judge considers appropriate.

(3)A person who— (a) brings an appeal under paragraph

(1), or (b) applies for the suspension of the operation of a prohibition notice under this Regulation, shall at the same time notify the market surveillance authority of the appeal or the application, and the grounds for the appeal or application.

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

(5)The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice but the appellant may apply to the court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of. Order of the High Court 41.

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

(2)The High Court may, upon an application under this Regulation, order the person on whom the prohibition notice concerned was served to cease doing such acts as the High Court directs. Information notice 42.

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

(2)Upon the written application of the person on whom the notice is served, the period specified in the information notice may be extended by and at the discretion of— (i) the market surveillance authority, (ii) an inspector.

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

(4)A person who appeals under paragraph

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

(5)Where, on the hearing of an appeal under paragraph

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

(6)Subject to paragraph

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

1. a)the end of the period specified in the notice, or (
2. b)where the period referred to in subparagraph (
3. a)is extended under paragraph

(2), the end of that extended period.

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

1. a)the day immediately following the day on which the notice is confirmed or varied or the appeal is withdrawn, (
2. b)the end of the period specified in the notice, or (
3. c)where the operation of the notice has been suspended under paragraph

(5), the end of the period of suspension, whichever occurs latest. Service of notifications 43.

(1)Subject to paragraphs

(2)and

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

1. a)by delivering it to the person, (
2. b)by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address, (
3. c)by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, (
4. d)if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000 ), service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed, (
5. e)if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises, or (
6. f)by any other means that may be prescribed.

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

(3)For the purposes of this Regulation, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. Sharing information on the application of the Directive 44.

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

(2)The market surveillance authority may, in the interest of the protection of safety, take such measures as it considers appropriate to bring to the attention of the public, any matter of concern arising from the requirements of these Regulations. PART 7 OFFENCES AND PENALTIES Offences 45.

(1)A person who contravenes a provision or requirement of Regulation 5, 7, 8, 9, 10

(3), 11, 12, 14, 17

(2), 30

(2), 30

(6), or 32

(2)commits an offence.

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

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

1. a)forges or counterfeits any such document, (
2. b)gives or signs a document or makes a marking knowing it to be false in any material particular, (
3. c)knowingly uses a marking or document so forged or counterfeited, or which is false as aforesaid, (
4. d)knowingly uses as applying to any person or product a marking or document which does not so apply, (
5. e)knowingly connives at any such forging, counterfeiting, giving, signing, or using, (
6. f)knowingly makes a false entry in any such document which is so required to be kept, served or sent, (
7. g)knowingly uses any such false entry, or (
8. h)knowingly has, without lawful authority, a forged marking or document or an altered marking or document in his or her possession, commits an offence.

(4)Any person who obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by these Regulations or a warrant under Regulation 35

(7)or impedes the exercise by the inspector or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, an inspector or such a member pursuant to a power conferred by these Regulations, or in purported compliance with such request or requirement, or who in answer to such question gives information to the inspector or member that he or she knows to be false or misleading in any material respect, commits an offence.

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

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

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

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

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

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

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

(11)A person who, in purported compliance with a requirement in an information notice, furnishes information to the market surveillance authority that he or she knows to be false or misleading in a material respect commits an offence. Penalties 46.

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

1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or (
2. b)on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.

(2)Where a person is convicted of an offence under these Regulations in proceedings brought by the market surveillance authority, or instituted following an investigation by the authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the authority the costs and expenses, measured by the court, incurred by the authority in relation to the investigation, detection and prosecution of the offence, including the costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers engaged by the authority. Offences by bodies corporate 47. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and shall be liable to be proceeded against and punished as if he or she had committed the first-mentioned offence. Prosecution of offences 48.

(1)Subject to paragraph

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

(2)Notwithstanding section 10

(4)of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under Regulation 45 may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed. PART 8 MISCELLANEOUS Appeal to Circuit Court from certain orders of District Court

1. For the avoidance of doubt, an order of the District Court confirming, varying or cancelling a notice under Regulation 38, 40 or 42 is a decision of a judge of the District Court for the purposes of section 84 of the Courts of Justice Acts
2. Notice or direction to be in writing
3. Any notice or direction under these Regulations shall be in writing. Immunity
4. None of the following persons, that is to say, the market surveillance authority, an inspector or a member or a member of staff of the market surveillance authority shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of that person’s functions under these Regulations, unless the act or omission concerned was done in bad faith. Indemnification
5. The market surveillance authority shall, subject to the provisions of any enactment or rule of law, indemnify an inspector appointed by it, or a member or a member of staff of the market surveillance authority, in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under these Regulations as such inspector, member or member of staff, unless the act or omission concerned was done in bad faith. Restrictions on the disclosure of information
6. A person in receipt of information as a result of the application of these Regulations shall treat same as confidential. In particular, business, professional and trade secrets shall be treated as confidential unless the divulging of such information is— (a) for the purpose of the discharge of functions under these Regulations, (b) made with the consent of the person to whom the information applies, or (c) for the purposes of— (i) any legal proceedings (including by means of a report to a coroner holding an inquest under the Coroners Acts 1962 and 2005 on the body of a person whose death may have been caused through personal injury), or (ii) any investigation or special report under section 70 of the Act of 2005, (d) necessary in order to protect the health and safety of persons, (e) required by the provisions of these Regulations or the Directive, or (f) ordered by a court of law. Transitional 54.

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

(2)Certificates and decisions issued by notified bodies under Directive 95/16/EC or the Regulations of 1998 shall be valid under these Regulations. Revocation 55. The European Communities (Lifts) Regulations 1998 ( S.I. No. 246 of 1998 ) and the European Communities (Lifts) (Amendment) Regulations 2008 ( S.I. No. 406 of 2008 ), cited together as the European Communities (Lifts) (Amendment) Regulations 1998 and 2008, are revoked. Regulations 2, 6, 7, 8, 9, 11, 12, 15, 17 and 18 SCHEDULE 1 TEXT OF ANNEX I TO THE DIRECTIVE ESSENTIAL HEALTH AND SAFETY REQUIREMENTS PRELIMINARY REMARKS 1. Obligations under essential health and safety requirements apply only where the corresponding risk exists for the lift or safety component for lifts in question when used as intended by the installer or the manufacturer. 2. The essential health and safety requirements contained in the Directive are imperatives. However, given the present state of the art, the objectives which they lay down may not be attainable. In such cases, and to the greatest extent possible, the lift or safety components for lifts must be designed and constructed in such a way as to approximate to those objectives. 3. The manufacturer and the installer are under an obligation to carry out a risk assessment in order to identify all the risks which apply to their products; they must then design and construct them taking account of the assessment. 1. GENERAL 1. 1. Application of Directive 2006/42/EC Where the relevant risk exists and is not dealt with in this Schedule, the essential health and safety requirements of Annex I to Directive 2006/42/EC of the European Parliament and of the Council5 apply. The essential health and safety requirements of point 1.1.2 of Annex I to Directive 2006/42/EC apply in any event. 1. 2. Carrier The carrier of each lift must be a car. This car must be designed and constructed to offer the space and strength corresponding to the maximum number of persons and the rated load of the lift set by the installer. Where the lift is intended for the transport of persons, and where its dimensions permit, the car must be designed and constructed in such a way that its structural features do not obstruct or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate its use by them. 1. 3. Means of suspension and means of support The means of suspension and/or support of the car, its attachments and any terminal parts thereof must be selected and designed so as to ensure an adequate level of overall safety and to minimize the risk of the car falling, taking into account the conditions of use, the materials used and the conditions of manufacture. Where ropes or chains are used to suspend the car, there must be at least two independent cables or chains, each with its own anchorage system. Such ropes and chains must have no joins or splices except where necessary for fixing or forming a loop. 1. 4. Control of loading (including overspeed) 1. 4.1. Lifts must be so designed, constructed and installed as to prevent normal starting if the rated load is exceeded. 1. 4.2. Lifts must be equipped with an overspeed governor. These requirements do not apply to lifts in which the design of the drive system prevents overspeed. 1. 4.3. Fast lifts must be equipped with a speed-monitoring and speed-limiting device. 1. 4.4. Lifts driven by friction pulleys must be designed so as to ensure stability of the traction cables on the pulley. 1. 5. Machinery 1. 5.1. All passenger lifts must have their own individual lift machinery. This requirement does not apply to lifts in which the counterweights are replaced by a second car. 1. 5.2. The installer must ensure that the lift machinery and the associated devices of a lift are not accessible except for maintenance and in emergencies. 1. 6. Controls 1. 6.1. The controls of lifts intended for use by unaccompanied disabled persons must be designed and located accordingly. 1. 6.2. The function of the controls must be clearly indicated. 1. 6.3. The call circuits of a group of lifts may be shared or interconnected. 1. 6.4. Electrical equipment must be so installed and connected that: (

1. a)there can be no possible confusion with circuits which do not have any direct connection with the lift; (
2. b)the power supply can be switched while on load; (
3. c)movements of the lift are dependent on electrical safety devices in a separate electrical safety circuit; (
4. d)a fault in the electrical installation does not give rise to a dangerous situation. 2. RISKS FOR PERSONS OUTSIDE THE CAR 2. 1. The lift must be designed and constructed to ensure that the space in which the car travels is inaccessible except for maintenance or in emergencies. Before a person enters that space, normal use of the lift must be made impossible. 2. 2. The lift must be designed and constructed to prevent the risk of crushing when the car is in one of its extreme positions. The objective will be achieved by means of free space or refuge beyond the extreme positions. However, in specific cases, in affording Members States the possibility of giving prior approval, particularly in existing buildings, where this solution is impossible to fulfil, other appropriate means may be provided to avoid this risk. 2. 3. The landings at the entrance and exit of the car must be equipped with landing doors of adequate mechanical resistance for the conditions of use envisaged. An interlocking device must prevent during normal operation: (
5. a)starting movement of the car, whether or not deliberately activated, unless all landing doors are shut and locked; (
6. b)the opening of a landing door when the car is still moving and outside a prescribed landing zone. However, all landing movements with the doors open shall be allowed in specified zones on condition that the levelling speed is controlled. 3. RISKS FOR PERSONS IN THE CAR 3. 1. Lift cars must be completely enclosed by full-length walls, fitted floors and ceilings included, with the exception of ventilation apertures, and with full-length doors. These doors must be so designed and installed that the car cannot move, except for the landing movements referred to in the third subparagraph of point 2.3, unless the doors are closed, and comes to a halt if the doors are opened. The doors of the car must remain closed and interlocked if the lift stops between two levels where there is a risk of a fall between the car and the shaft or if there is no shaft. 3. 2. In the event of a power cut or failure of components the lift must have devices to prevent free fall or uncontrolled movements of the car. The device preventing the free fall of the car must be independent of the means of suspension of the car. This device must be able to stop the car at its rated load and at the maximum speed anticipated by the installer. Any stop occasioned by this device must not cause deceleration harmful to the occupants whatever the load conditions. 3. 3. Buffers must be installed between the bottom of the shaft and the floor of the car. In this case, the free space referred to in point 2.2 must be measured with the buffers totally compressed. This requirement does not apply to lifts in which the car cannot enter the free space referred to in point 2.2 by reason of the design of the drive system. 3. 4. Lifts must be so designed and constructed as to make it impossible for them to be set in motion if the device provided for in point 3.2 is not in an operational position. 4. OTHER RISKS 4. 1. The landing doors and car doors or the two doors together, where motorized, must be fitted with a device to prevent the risk of crushing when they are moving. 4. 2. Landing doors, where they have to contribute to the protection of the building against fire, including those with glass parts, must be suitably resistant to fire in terms of their integrity and their properties with regard to insulation (containment of flames) and the transmission of heat (thermal radiation). 4. 3. Counterweights must be so installed as to avoid any risk of colliding with or falling on to the car. 4. 4. Lifts must be equipped with means enabling people trapped in the car to be released and evacuated. 4. 5. Cars must be fitted with two-way means of communication allowing permanent contact with a rescue service. 4. 6. Lifts must be so designed and constructed that, in the event of the temperature in the lift machine exceeding the maximum set by the installer, they can complete movements in progress but refuse new commands. 4. 7. Cars must be designed and constructed to ensure sufficient ventilation for passengers, even in the event of a prolonged stoppage. 4. 8. The car should be adequately lit whenever in use or whenever a door is opened; there must also be emergency lighting. 4. 9. The means of communication referred to in point 4.5 and the emergency lighting referred to in point 4.8 must be designed and constructed so as to function even without the normal power supply. Their period of operation should be long enough to allow normal operation of the rescue procedure. 4. 10. The control circuits of lifts which may be used in the event of fire must be designed and manufactured so that lifts may be prevented from stopping at certain levels and allow for priority control of the lift by rescue teams. 5. MARKING 5. 1. In addition to the minimum particulars required for any machine pursuant to point 1.7.3 of Annex I to Directive 2006/42/EC, each car must bear an easily visible plate clearly showing the rated load in kilograms and the maximum number of passengers which may be carried. 5. 2. If the lift is designed to allow people trapped in the car to escape without outside help, the relevant instructions must be clear and visible in the car. 6. INSTRUCTIONS 6. 1. The safety components for lifts referred to in Schedule 3 must be accompanied by instructions, so the following can be carried out effectively and without danger: (
7. a)assembly; (
8. b)connection; (
9. c)adjustment; (
10. d)maintenance. 6. 2. Each lift must be accompanied by instructions. The instructions shall contain at least the following documents: (
11. a)instructions containing the plans and diagrams necessary for normal use and relating to maintenance, inspection, repair, periodic checks and the rescue operations referred to in point 4.4; (
12. b)a logbook in which repairs and, where appropriate, periodic checks can be noted. Regulation 18 SCHEDULE 2 TEXT OF ANNEX II TO THE DIRECTIVE A. CONTENT OF THE EU DECLARATION OF CONFORMITY FOR SAFETY COMPONENTS FOR LIFTS The EU declaration of conformity for safety components for lifts shall contain the following information: (
13. a)name and address of the manufacturer; (
14. b)where appropriate, name and address of the authorised representative; (
15. c)description of the safety component for lifts, details of type or series and serial number (if any); it may, where necessary for the identification of the safety component, include an image; (
16. d)safety function of the safety component for lifts, if not obvious from the description; (
17. e)year of manufacture of the safety component for lifts; (
18. f)all relevant provisions with which the safety component for lifts complies; (
19. g)a statement that the safety component for lifts is in conformity with the relevant Union harmonisation legislation; (
20. h)where appropriate, reference(
21. s)to harmonised standard(
22. s)used; (
23. i)where appropriate, the name, address and identification number of the notified body which carried out the EU-type examination of safety components for lifts set out in Schedule 4, Part A and Schedule 4, and the reference of the EU-type examination certificate issued by that notified body; (
24. j)where appropriate, the name, address and identification number of the notified body which carried out the conformity to type with random checking for safety components for lifts set out in Schedule 9; (
25. k)where appropriate, the name, address and identification number of the notified body which approved the quality system operated by the manufacturer in accordance with the conformity assessment procedure set out in Schedule 6 or 7; (
26. l)the name and function of the person empowered to sign the declaration on behalf of the manufacturer or his authorised representative; (
27. m)place and date of signature; (
28. n)signature. B. CONTENT OF THE EU DECLARATION OF CONFORMITY FOR LIFTS The EU declaration of conformity for lifts shall be drafted in the same language as the instructions referred to in Schedule 1, point 6.2 and contain the following information: (
29. a)name and address of the installer; (
30. b)where appropriate business name and address of the authorised representative; (
31. c)description of the lift, details of the type or series, serial number and address where the lift is installed; (
32. d)year of installation of the lift; (
33. e)all relevant provisions to which the lift conforms; (
34. f)a statement that the lift is in conformity with the relevant Union harmonisation legislation; (
35. g)where appropriate, reference(
36. s)to harmonised standard(
37. s)used; (
38. h)where appropriate, the name, address and identification number of the notified body which carried out the EU-type examination of lifts set out in Schedule 4, Part B and the reference of the EU-type examination certificate issued by that notified body; (
39. i)where appropriate, the name, address and identification number of the notified body which carried out the unit verification for lifts set out in Schedule 7; (
40. j)where appropriate, the name, address and identification number of the notified body which carried out the final inspection for lifts set out in Schedule 5; (
41. k)where appropriate, the name, address, and identification number of the notified body which approved the quality assurance system operated by the installer in accordance with the conformity assessment procedure set out in Schedule 10, 11 or 12; (
42. l)the name and function of the person empowered to sign the declaration on behalf of the installer or his authorised representative; (
43. m)place and date of signature; (
44. n)signature. Regulation 4 SCHEDULE 3 TEXT OF ANNEX III TO THE DIRECTIVE LIST OF SAFETY COMPONENTS FOR LIFTS 1. Devices for locking landing doors. 2. Devices to prevent falls referred to in point 3.2 of Schedule 1 to prevent the car from falling or uncontrolled movements. 3. Overspeed limitation devices. 4. (
45. a)Energy-accumulating buffers: (
46. i)non-linear, or (
47. ii)with damping of the return movement. (
48. b)Energy-dissipating buffers. 5. Safety devices fitted to jacks of hydraulic power circuits where these are used as devices to prevent falls. 6. Electric safety devices in the form of safety circuits containing electronic components. Regulations 16, 17, 33 and 36 SCHEDULE 4 TEXT OF ANNEX IV TO THE DIRECTIVE EU-TYPE EXAMINATION FOR LIFTS AND SAFETY COMPONENTS FOR LIFTS (module B) A. Eu-Type Examination of Safety Components For Lifts 1. EU-type examination is the part of a conformity assessment procedure in which a notified body examines the technical design of a safety component for lifts and verifies and attests that it satisfies the applicable requirements of Schedule 1 and will enable a lift in which it is correctly incorporated to satisfy those requirements. 2. The application for EU-type examination shall be lodged by the manufacturer, or his authorised representative, with a single notified body of his choice. The application shall include: (
49. a)the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address as well and the place of manufacture of the safety components for lifts; (
50. b)a written declaration that the same application has not been lodged with any other notified body; (
51. c)the technical documentation; (
52. d)a representative specimen of the safety component for lifts or details of the place where it can be examined. The notified body may request further specimens if needed for carrying out the test programme; (
53. e)the supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents, including other relevant technical specifications, that have been used, in particular where the relevant harmonised standards have not been applied in full. The supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on his behalf and under his responsibility. 3. The technical documentation shall make it possible to assess whether the safety component for lifts meets the conditions referred to in point 1 and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the safety component for lifts. The technical documentation shall contain, where applicable, the following: (
54. a)a description of the safety component for lifts, including its area of use (in particular possible limits on speed, load and power) and conditions (in particular explosive environments and exposure to the elements); (
55. b)design and manufacturing drawings and diagrams; (
56. c)explanations necessary for the understanding of those drawings and diagrams and the operation of the safety component for lifts; (
57. d)a list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union and, where those harmonised standards have not been applied, descriptions of the solutions adopted to enable the safety component for lifts to meet one or both of the conditions referred to in point 1, including a list of other relevant technical specifications applied. In the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied; (
58. e)results of design calculations performed by or for the manufacturer; (
59. f)test reports; (
60. g)a copy of the instructions for the safety components for lifts; (
61. h)steps taken at the manufacturing stage to ensure that series-produced safety components for lifts conform to the safety component for lifts examined. 4. The notified body shall: (
62. a)examine the technical documentation and the supporting evidence to assess the adequacy of the technical design of the safety component for lifts; (
63. b)agree with the applicant on a location where the examinations and tests will be carried out; (
64. c)verify that the representative specimen(
65. s)has(have) been manufactured in conformity with the technical documentation, and identify the elements which have been