If a business still has old machinery in use which was built, installed and commissioned in the 1940's (forging industry), (Foundries) etc etc......how is that machinery affected by current and changing directives/legislation. If the equipment has never been upgraded or changed since its implementation, should it be! If so, would it have to meet current standards as this could be very expensive for a business to do. It could be more cost effective to replace with new than to upgrade, providing the company can financially afford it. Having looked around for advice, it seems that the HSE are only reluctant to give answers to new machinery and are not keen to provide support on older existing equipment.

I suggest you look at PUWER (mainly the draft ACoP & Guidance that's part of the current HSE CD, and is pretty well laid out and easy to understand by someone unfamiliar with all the relevant standards - like me!). That makes it clear that task-related risk assessments are the key to defining the controls needed to: a) suitably protect equipment users. b) ensure key items are inspected to prevent critical failures, and also to suitably protect those who inspect & maintain equipment. c) inform, instruct and train those involved, so they understand and comply with these controls. Where equipment has a 'control system', a more specific risk assessment is also needed to identify how parts of that system might fail in a way that increases user hazard/risks. The findings of this RA help define the inspection regime in b) above. Older equipment may not have all the 'fail-safe hardware' that would be present in a current design, but a good RA team should be able to define other controls that still reduce risks to ALARP - perhaps including minor modifications as 'alcy' has suggested above?

My understanding is that it has to meet the requirements of PUWER, but that does not necessarily mean it would have to comply with the latest standards under the Machinery Directive, which it would if sold new.