The Plugs and Sockets etc. (Safety) Regulations 1994

(Consumer Protection Act 1987)

Commencement:

The Plugs and Sockets (Safety) Regulations, Parts I & III came into force on 3 August 1994.

Part II of these regulations came into force on 1st February 1995.

Scope:

The Regulations, acting as secondary legislation under the Consumer Protection Act 1987 (the 'Act'), relate to the supply of any plugs, sockets, adapters or fuses intended for domestic use, with a working voltage of not less than 200 volts, and also the supply of any appliance which has a plug fitted.

Because the Regulations operate with the same definition of 'supplier' as the Act, then letting agents and landlords are liable as suppliers.  The Regulations impose the obligation on the supplier of such goods to ensure that they are 'safe', so that there is no risk of death or personal injury to humans or pets, or risk of damage to property.

The Regulations are not retrospective but any relevant electrical equipment included in a new tenancy AFTER the commencement dates of these Regulations would constitute a new 'supply' and hence would need to be compliant.

The Regulations require:

Part I    - that where any plug, socket or adapter is supplied which is intended for domestic use, that it complies with the appropriate current standard.  This means that they must conform to the relevant British Standards (i.e. BS1363) or approved alternatives.  British Standard BS1363 covers 13 Amp fused plugs, switched and unswitched sockets.  The standard now requires that the live and neutral pins on plugs are part insulated so as to prevent shocks when removing plugs from sockets. 

             - that plugs be fitted with a fuse that conforms to BS1362, i.e. the standard for general purpose fuses for domestic or similar purposes.  The fuses also need to be rated correctly either in accordance with the appliance manufacturers instructions or to BS1362.

Part II    - that where any appliance is supplied which is designed to connect to a socket, directly or indirectly, it has a plug which conforms to BS1363 (as above).  The appliances covered by the Regulations operate at not less than 200 volts and not more than 13 Amp and also have a flexible cable or cord for connecting to a socket. (Most appliances are now supplied with cords with moulded-on mains plugs).

Appliances with a non-UK plug, to safety standard *IEC 884-1, and which have the approved type of conversion plug, are allowed and can be supplied.  Conversion plugs enable non-UK plugs to be engaged with UK sockets.

Part III    - that a standard or conversion plug be legibly marked or labelled identifying it as approved.

              - that any necessary information to operate the plug safely will be either marked on the plug or provided in a notice  accompanying it.  This information must be given in English.

* International Electrotechnical Commission

Recommended Action:

Letting agents and landlords should consider the following action:

ESSENTIAL:

• Check all plugs for the correct markings or notices and replace any plugs which do not conform.     
• Check all plugs have the correctly rated fuses.  With many plugs this can be done by looking at the recess in the plug, or by lifting the fuse carrier.  Typical fuse ratings for 220-240 voltage equipment: up to 750 watts - 3 Amp, up to 1250 Watts -5 Amp, over 1250 Watts -13 Amp.

RECOMMENDED:

• Inform landlords of the Regulations and obligations and refer to them within the agency agreement.
• Include details of plugs (noting the fuse ratings) in inventory records.
• Ensure any safety notice or necessary information to operate the plug or appliance safely is available at the property.
• Plugs to a more resilient standard, e.g. to BS1363/A, should be used where heavier wear and tear is met, for example on vacuum cleaners where plugs may be dropped onto the floor.
• Avoid purchasing second-hand appliances and plugs and advise owners likewise.

Exclusions and Indemnity:

EXCLUDED PRODUCTS.  The list of excluded products named in the Regulations include certain plugs or sockets which are incorporated in some electrical equipment, luminaires, ceiling-rose connectors and wall or ceiling lights.

DUE DILIGENCE.  Section 39 of the Act provides a defence of 'due diligence'.  That section provides that it shall be a defence to show that a person took all reasonable steps and exercised due diligence to avoid committing the offence.  Merely asking the landlord to sign a statement that there are no non-compliant items is not considered to be sufficient in this respect.

Penalty:

The maximum penalty for non-compliance is a fine of £5,000 or six months imprisonment or both.

Related Regulations:

Health & Safety at Work Act 1974

Electricity at Work Regulations 1989

The Electrical Equipment (Safety) Regulations 1994

The 1994 Regulations revoke the following regulations:

             - The Plugs and Sockets etc. (Safety) Regulations 1987

             - The Electrical Appliances (Colour Code) Regulations and Amendments 1969 to 1977

Sources for Further Information:

• Local Trading Standards Officer
• Copy of Regulations: The Plugs and Sockets etc. (Safety) Regulations 1994, S.I. 1994 No. 1768 available from The Stationery Office, PO Box 29, Norwich NR3 1GN.  0870 600 5522 www.tso.co.uk.
• The Letting Centre, website: www.letlink.co.uk.

This summary is intended to assist landlords and letting agents to understand the effect of the Regulations.  It is not an authoritative interpretation - this is a matter for the courts.  For more detail, you should refer to the text of the Regulations themselves.