LRD guides and handbook October 2021

Health and Safety Law 2021

Chapter 8

Supplying equipment post Brexit

[ch 8: page 164]

There is a new UK product marking for goods placed on the market in Great Britain (England, Wales and Scotland). UKCA (UK Conformity Assessed) product marking now covers most goods which previously required CE marking. In Northern Ireland, EU conformity markings — CE markings — continue to be used to show that goods meet EU rules.

Although UKCA marking came into effect on 1 January 2021, CE marking can still be used until 1 January 2023 as the government announced in August 2021 that businesses can have an extra year to make the change. The requirement for UKCA marking does not apply to existing stock, fully manufactured, CE marked and ready to place on the market before 1 January 2021. In these cases, goods can still be sold in Great Britain with a CE marking. However, from 1 January 2023, the CE marking will not be recognised in Great Britain. For more information see the gov.uk website.

In March 2021, the government launched a call for evidence on updating and modernising the UK product safety framework. It is “exploring changes” to laws that are over 30 years old to ensure they work for emerging technologies like Artificial Intelligence and 3D printing. Much of the UK’s product safety regime has been underpinned by European Union law, but post-Brexit the government can now make changes. The call for evidence closed in June 2021.

UK government, Using the UKCA marking (https://www.gov.uk/guidance/using-the-ukca-marking)