52. (1) An employer shall ensure that, without prejudice to Regulation 30,

(a) fixed work equipment for lifting loads, including rail mounted work equipment for lifting loads, is not taken into use for the first time unless—

(i) it has been tested and thoroughly examined by a competent person, and

(ii) a certificate of test and examination specifying the safe working load and, if appropriate, the maximum numbers of persons permitted has been obtained,

(b) mobile work equipment for lifting loads is not taken into use in any place of work for the first time unless—

(i) it has been examined and certified in accordance with this Regulation, or

(ii) it is a new machine and which—

(I) is CE marked in accordance with the relevant directives of the European Communities,

(II) is accompanied by an EC declaration of conformity in accordance with the relevant directives of the European Communities,

F19[(III) is accompanied by any necessary information and instructions required under paragraph (c) of, and any relevant proofs of any assessment, research and tests required under paragraph (d) of, Regulation 4 of the European Communities (Machinery) Regulations 2008 (S.I. No. 407 of 2008), and]

(IV) has not been reassembled since dispatch from the manufacturer,

(c) where

(i) any alteration or repair is carried out to lifting equipment or a lifting accessory, and

(ii) the alterations or repairs are relevant to the safe operation of the equipment,

the equipment is examined by a competent person in compliance with this Regulation before the equipment's return to service, and

(d) where a report of an examination pursuant to paragraph (3) specifies conditions for the safe working of the equipment, the equipment is used only in accordance with those conditions.

(2) In the case of work equipment to which paragraph (1)(b)(ii) applies, the period to the first examination pursuant to paragraph (3) shall be determined by reference to the F19[the date of first use].

(3) Without prejudice to Regulation 30, an employer shall ensure that work equipment of a type or class listed in column 1 of Parts B or C of Schedule 1 is not used unless it has been examined by a competent person at least once in the period specified in column 2 of Parts B or C of that Schedule or as required under the other circumstances described in Part C.

(4) Where equipment referred to in paragraph (3) has already been thoroughly examined in accordance with the relevant statutory provisions in force prior to the introduction of these Regulations, the beginning of the period referred to in paragraph (3) shall be deemed to be the date of the last such examination.

(5) The requirements of this Regulation do not apply to the work equipment listed under Part D of Schedule 1.

(6) Where a thorough examination has been carried out in compliance with the relevant statutory provisions in force immediately before the commencement of these Regulations the examination shall be regarded as being in compliance with this Chapter and this Regulation does not apply until after the expiry of the period specified under those statutory provisions.

(7) An employer shall ensure that a thorough examination is carried out as soon as practicable if one is outstanding under the relevant statutory provisions from the period before the commencement of these Regulations.