UK Offence Report

1 It is an offence for an economic operator to contravene any obligation set out in— a Article 10…

regulation 12(1) of The Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 It is an offence for an economic operator to contravene any obligation set out in—

a Article 10 (obligations of manufacturers of machinery and related products);

b Article 11 (obligations of manufacturers of partly completed machinery);

c Article 13 (obligations of importers of machinery and related products);

d Article 14 (obligations of importers of partly completed machinery);

e Article 15 (obligations of distributors of machinery and related products);

f Article 16 (obligations of distributors of partly completed machinery);

g Article 18 (other cases in which obligations of manufacturers apply);

h Article 19 (identification of economic operators);

i Article 23 (general principles of the CE marking);

j Article 24 (rules for affixing the CE marking to machinery and related products).

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
an economic operator
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that an economic operator meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 12(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words it is an offence to contravene any obligation set out in— a Article 10 (obligations of manufacturers of machinery and related products).
  2. Doing the thing the provision prohibits under the Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
22 July 2026
In force from
20 January 2027
Extent
E+W+S

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

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.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source