UK Offence Report

The Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026

UK Statutory Instrument 2026 No. 867 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
22 July 2026
In force from
20 January 2027
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Product Regulation and Metrology Act 2025, Schedule 7 to, the European Union (Withdrawal) Act 2018, Schedule 7 to, the European Union (Withdrawal) Act 2018

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

The Supply of Machinery (Safety) Regulations 2008 (S.I. 2008/1597) (“the 2008 Regulations”) implemented Directive 2006/42/EC of the European Parliament and of the Council on machinery (“the Directive”) in the United Kingdom when the United Kingdom was a member of the European Union. Arising out of the United Kingdom’s withdrawal from the European Union, the 2008 Regulations were amended to ensure that deficiencies were corrected in relation to Great Britain (England and Wales and Scotland). The 2008 Regulations were also amended to ensure that machinery products meeting specified requirements of the Directive were able to be placed on the market in Great Britain. Article 5(4) of the Windsor Framework agreed between the United Kingdom and the European Union (“the Windsor Framework”) provides that European legislation listed in its Annex 2 applies to and in the United Kingdom, in respect of Northern Ireland. The European Union is replacing the Directive with Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery (“the Machinery Regulation”), which will apply directly in Northern Ireland under the terms of the Windsor Framework from 20th January 2027. Part 2 of these Regulations amends the 2008 Regulations as they apply in Great Britain by making clear that they only extend to Great Britain. Regulation 2 removes references in the 2008 Regulations that are redundant because the 2008 Regulations no longer extend to Northern Ireland. Regulation 2 also replaces regulations 12A, 12B and 12C of the 2008 Regulations so that machinery products that meet the relevant requirements of the Machinery Regulation can be placed on the market in Great Britain and that qualifying Northern Ireland goods (which must meet the requirements of the Machinery Regulation from 20th January 2027) can be placed on the market in Great Britain. Part 3 of these Regulations ensures that the Machinery Regulation is implemented in Northern Ireland, under the terms of the Windsor Framework, including provisions permitting conformity assessment bodies established in the United Kingdom to undertake conformity assessment activities for the Northern Ireland market. Where United Kingdom conformity assessment bodies do so, under the terms of the Windsor Framework, the UK(NI) indication must be affixed to the product. This Part also ensures that the Machinery Regulation can be enforced in Northern Ireland and that, where there are obligations to provide the European Commission with information under the Machinery Regulation, enforcers other than the Secretary of State can disclose that information to the Secretary of State in order to meet these obligations. Regulation 15 revokes the 2008 Regulations as they apply in Northern Ireland and provides that, despite their revocation, machinery products that were compliant with the 2008 Regulations and were placed on the market in Northern Ireland before the revocation of the 2008 Regulations can continue to be made available on the market in Northern Ireland. Regulation 15 also provides that obligations that applied under the 2008 Regulations continue to apply to machinery products that were placed on the Northern Ireland market prior to the revocation of the 2008 Regulations. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sector is foreseen. The Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.

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