The Electrical Equipment (Safety) Regulations 1994

and Low Voltage Electrical Equipment Regulations 1989

(Consumer Protection Act 1987)

Commencement:

The Electrical Equipment Regulations came into force on 9th January 1995.

Scope:

Both sets of Regulations relate to the supply of electrical equipment designed with a working voltage of between 50 & 1000 volts a.c. (or between 75 & 1500 d.c.), acting as secondary legislation under the Consumer Protection Act 1987 (the 'Act'). Because the Regulations operate with the same definition of 'supplier' as the Consumer Protection Act, then letting agents and landlords letting in the 'course of business' are liable as suppliers. The Regulations impose the obligation on the supplier of such goods to ensure that they are 'safe' as defined by Section 19 of the Act - so that there is no risk of injury or death to humans or pets, or risk of damage to property.

The Regulations cover all mains voltage household electric goods including cookers, kettles, toasters, electric blankets, washing machines, immersion heaters, etc. BUT under the Consumer Protection Act 1987, s11 the Regulations do not apply to items attached to land. This is generally considered to exclude the fixed electrical wiring and built-in appliances (eg. cental heating systems) from the Regulations.

In the case of letting agents or landlords letting in the course of business, the electrical equipment 'supplied' will invariably be second-hand and little further information will be available (e.g. receipts, safety certificates, instruction manuals, etc.).

The Regulations require:

- GENERAL SAFETY. That all electrical equipment supplied is safe.

In measuring safety, the 'supplier' needs to ascertain whether the product will comply with the current UK requirements for safety of domestic electrical products. Without detailed technical knowledge, there is no simple way to define which electrical products conform and which do not. The Regulations or DTI's guide are not helpful in this way; the DTI guide merely states:

'As with other second-hand equipment there is no mandatory requirement for second-hand equipment to undergo any safety testing but a supplier may wish to arrange for testing to check the safety of any equipment to ensure that the equipment is safe so as to avoid commission of any offence.'

- INSTRUCTIONS. Where the safe use of the equipment relies upon the user being aware of any particular characteristic, suitable information or instruction booklets should be provided. The instructions should be given in English.

- LABELLING. The 1994 Regulations require that any equipment supplied in the EEC after 9th January 1995 shall be marked with the appropriate CE symbol (subject to the Transitional arrangements below). In practise, the CE labelling requirement only applies to manufacturers when equipment is first placed on the market.

- TRANSITIONAL ARRANGEMENTS. Equipment supplied in the letting of property will thus be supplied equipment already placed into the supply chain. The transition arrangements allow the supply of electrical equipment which either complies with the provisions of the 1994 Regulations or complies with the provisions of the 1989 Regulations. Thus letting agents may continue to provide non CE labelled equipment as long as it is compliant with the 1989 Regulations since it is already in the supply chain.

Recommended Action:

Letting agents and landlords letting in the course of business should consider the following action:

ESSENTIAL:

Check all electrical appliances in all managed properties as soon as practicable for defects (e.g. frayed wiring, badly fitted plugs, etc.). Remove unsafe items.
Maintain records of the checks carried out for all the above appliances in each property.
Inform landlords of the new Regulations and their obligations.

RECOMMENDED:

Have appliances checked by a qualified electrical engineer.
Ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants.
Refer to the Regulations within the agency agreement with your landlord.
Avoid purchasing second-hand electrical appliances for rented properties and advise owners likewise. If used appliances are installed, it is necessary to have them checked by a qualified engineer.
There is no specific requirement for regular testing under the Regulations. However, in order for the agent to ensure compliance, some ongoing checks should be scheduled.

Exclusions and Indemnity:

EXCLUDED PRODUCTS. Plugs and sockets for domestic use and electricity supply meters are amongst the list of excluded products named by the Regulations.

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 all 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 Plugs and Sockets etc. (Safety) Regulations 1994

The 1989 Regulations revoke the following regulations:

- The Electrical Equipment (Safety) Regulations 1975

The Electric Blanket (Safety) Regulations 1971

Sources for Further Information:

Local Trading Standards Officer

DTI's Guidance notes on the 1994 Regulations on the DTI's website at www.dti.gov.uk HMSO: Copy of Regulations: The Electrical Equipment (Safety) Regulations 1994, S.I. 1994 No. 3260 available from The Stationery Office, PO Box 29 Norwich NR3 1GN. 0870 600 5522 or from their website at 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.