Do we have a specific Reg number for this?
and on a slight tangent...what is the situation with the 'regs not being retrospective'?
what I am trying to say, badly, is "Can we note a mismatched breaker in a board, quote the NEW Reg AND say it was wrong when done originally?" If you see what I mean?
i have now confused myself
OK, BEAMA issued a technical bulletin in August 2011 on behalf of all their members about the potential hazards of mixing and matching.
The Electrical Equipment Safety Regulations (EESR) were first published in 1994.
Compliance with which required either compliance with a harmonised standard which would allow specific aspects to be presumed, and if otherwise designed to the harmonised standard, subsequently the manufacturer of the product could make a presumption of conformity to the requirements of the directive.
So since 1994, the requirement has been to place on the market equipment that complied with the Regulations.
Ergo compliance with EN 60439, and then more recently EN 61439.
These were the successor standards to BE 5486, which such switch gear as consumer units would have been required to meet prior to that.
The issue is that in the UK a domestic property may have easily up to 16kA fault current at the origin.
To save us having to fit seriously large circuit breakers we are allowed to fit 6kA (typically) breaking capacity, at a point in the installation with a potential 16kA fault current, this is not allowed under EN 61439-3, nor was it allowed under EN 60439-3, and therefore it is not allowed under the EESR, and thus EAWR & HASAWA.
However, in the UK we have a national Annex to EN 60439-3, Annex ZA which was first published in 1991, and subsequently EN 61439-3 which retains the requirements in Annexe ZA.
This gives the UK an opt out from the full requirements of the Low Voltage Directive for domestic consumer units under certain specified conditions.
These are that the fault current at the origin is specified by the DNO, that it is limited to 16kA, and is fed by no more than a 100A fuse, to BS 88.3 (BS 1361) and, that the assembly is tested by the manufacturer (which is defined as the entity that places the assembly on the market, i.e. into use), and the assembly complies with the requirements of the standard for safety, e.g., does not explode/catch fire, emit hazardous substances, arcs, sparks etc., in the event of a fault.
Whilst BS 88.3 has been kind of superseded by HD 60269-3, dual numbered as BS 88, the standards system allows for this.
So, if the consumer unit is not type tested, then it is not legal for use in the UK, and the person modifying the equipment, or the person putting the assembly onto the market is the legal manufacturer, and is responsible for all of the requirements of the manufacturer, and noting that it is a legal requirement to be insured for the supply of a product, which this then becomes.
So that is the legal standpoint.
Now as far as the non statutory industry code of practice/guidance which is BS 7671 goes, I only have searchable documents which go back as far as the green 17th, my older versions are not searchable, or on paper.
However, you could go back to the red 15th 12-4 & 12-5, then there would be 12-6, 421-2, 510-1, 511-1, and all these would apply so 1981 onward, so even before the requirements of EESR.