Legal Requirements and Implications

A 'new' lift cannot be placed into service, and therefore used, unless the lift car displays a CE mark and the number of the Notified Body under which the Lift Installer operates.

Any person authorising or allowing such use prior to that time may be liable to prosecution under the act resulting in a prison sentence or a fine.

The proper displaying of the CE mark is subject to the fulfilment of a number of criteria. Not least of which is the issue of a Declaration of Conformity Certificate.

As explained later, the issue of this certificate may not be within the jurisdiction of the actual lift installer but may require the intervention of some other person, namely a Notified Body.

It is therefore critical when entering into any contract for lift refurbishment or installation works that the Employer ensures that the Lift Contractor can not only satisfy The Regulations himself but can issue the necessary documentation. Otherwise, although the works may be complete the lift may not be used until it has been examined and approved by an outside body. This obviously could cause a good deal of contractual difficulty if the inspection cannot be completed for some time possibly delaying the entire project.

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