S.L. 427.63 Art. 3Definitions.

For the purposes of these regulations, the following definitions shall apply:

"Authorised Conformity Assessment Body (ACAB)" means a body designated, according to the Method for Designating Conformity Assessment Bodies Regulations, to carry out thorough examinations and preventive inspections on existing and new lifts, as specified by these regulations; "the Authority" means the Malta Competition and Consumer Affairs Authority established by article 3 of the Malta Competition and Consumer Affairs Authority Act;

"carrier" means a part of the lift by which persons and, or goods are supported in order to be lifted or lowered; "certificate of registration" means a certificate of registration issued under regulation 5; "Commission Recommendation 95/216/EC" means Commission Recommendation 95/216/EC of 8th June, 1995 concerning improvement of safety of existing lifts, as reflected in Schedule I; "condominium" has the same meaning bestowed to it by the the Condominium Act; "Director General" means the Director General (Technical Regulations) as appointed by article 19 of the Malta Competition and Consumer Affairs Authority Act and includes, to the extent of the authority given, any officer authorised by him, in writing, to act in that capacity for any of the purposes of these Regulations; "EC declaration of conformity for lifts" means a declaration which complies with Schedule 2 of the Lifts Regulations; "employer" means an employer as defined by the Health and Safety at Work Act;

"existing lift" means a lift which has been installed and put into service before 1st July, 2002;

"important modification" means an alteration to the lift which is liable to jeopardise its safety and shall include as a minimum:

(i) in the case of electric existing and new lifts -Change of:

(a) the rated speed

(b) the rated load

(c) the mass of the car

(d) the travel Change or replacement of:

(a) the type of locking devices (the replacement of a locking device by a device of the same type is not considered as an important modification)

(b) the control system

(c) guide rails or type of guide rails

(d) the type of door (or the addition of one or more landing or car doors)

(e) the machine or the traction sheave

(f) the overspeed governor

(g) the ascending car overspeed protection means

(h) the buffers

(i) the safety gear;

(ii) in the case of hydraulic existing and new lifts -Change of:

(a) the rated speed

(b) the rated load

(c) the mass of the car

(d) the travel Change or replacement of:

(a) the type of locking devices (the replacement of a locking device by a device of the same type is not considered as an important modification)

(b) the control system

(c) guide rails or the type of guide rails

(d) the type of door (or the addition of one or more landing or car doors)

(e) the machine

(f) the overspeed governor

(g) the buffers

(h) the safety gear

(i) the clamping device

(j) the pawl device

(k) the jack

(l) the pressure relief valve

(m) the rupture valve

(n) the restrictor/one-way restrictor; "installer of a lift" means an installer as defined by the Lifts Regulations;

"lift" means a lifting appliance serving specific levels, having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, intended for the transport of: - persons, - persons and goods, - goods alone if the carrier is accessible, that is to say a person may enter it without difficulty, and fitted with controls situated inside the carrier or within reach of a person inside the carrier. Lifting appliances moving along a fixed course even where they do not move along guides which are rigid shall be considered as lifts falling within the scope of these regulations; "Lifts Regulations" means the Lifts Regulations, transposing

Council Directive 95/16/EC on the approximation of the laws of the Member States relating to lifts;

"modernisation" means alterations to the lift with a view to improving the degree of safety;

"MSA" means the Malta Standards Authority, as established by the Malta Standards Authority Act;

"new lift" means a lift installed and put into service as from 1st July, 2002;

"occupier" means a person who is habitually resident in a premises; "OHSA" means the Occupational Health and Safety Authority, as established by the Health and Safety at Work Act; "person" besides physical persons, includes a body or other association of persons, whether such body is corporate or non-corporate; "preventive inspection" includes as a minimum, all inspections set out in Schedule III and is intended to: - check the proper functioning of the safety features of the lift and - detect any defects that develop during the use or misuse of the lift; "preventive maintenance" means all regular operations necessary to maintain a good working order, ensure safety, as well as anticipate and avoid predictable faults in the lift and its components; "putting into service" means the first making available of the lift to users; "responsible person", in relation to -

(a) dwelling houses and premises not falling within the ambit of any specific legislation includes:

(i) the occupier of the premises, or where the number of occupiers is more than one, such occupier having authority to take appropriate action in relation to any lift;

(ii) in the case where no occupier/s are present, when the occupier/s are absent -

(a) the owner of the premises, and in the case where there is more than one owner, the responsibility shall be shared jointly by all co-owners; or

(b) any person in authority for the time being to take appropriate action in relation to the lift.

(b) in a condominium:

(i) the appointed administrator if the number of condominia is more than three, or

(ii) the person in authority for the time being to take appropriate action in relation to the lift if the number of condominia is three or less, or

(iii) in the case where there is no appointed administrator or person with authority as aforesaid -

(a) the owner of the premises, and in the case where there is more than one owner, the responsibility shall be shared jointly by all co-owners; or

(b) any person in authority for the time being to take appropriate action in relation to the lift;

(c) in a workplace: the responsible person shall be the employer or employers operating in or from the workplace as the case may be and in the case that there are more than one employer, the responsibility shall be shared by all the employers jointly; "risk analysis" means the examination of the safety aspects referred to in Schedule I in order to determine whether sufficient preventive measures have been implemented as regards the risks in question;

"technically qualified person" means a person with adequate training in theory and practice together with adequate experience to enable modernisation works to be carried out as described in the relevant regulations; "thorough examination of a lift" means a systematic and detailed examination of the lift by an Authorised Conformity Assessment Body (ACAB) according to regulation 6, with the aim of improving the safety of the lift as far as is reasonably practicable taking into account the principles in the Annex to the Recommendation set out in Schedule I and to current safety practice;

"workplace" means any premises, place, facility, vessel or other thing or location, whether public or private, where work is carried out or to which the worker has access in the course of his employment, and without prejudice to the generality of the foregoing shall include a vehicle or vessel where such vessel is within a port in Malta or the internal or territorial waters thereof, or at any dockyard, harbour or other similar installation in Malta, other than a warship belonging to a foreign state.