It has been a problem for years, I as others have said have fitted class II, and in the case of my mothers kitchen paid way over the odds for a class II 2D lamps, and when it arrived I am sure it was the same lamp sold as a class I but with a sticker on it.
I remember in that kitchen the first fluorescent fitted had a BA22d plug on it and replaced the original bulb, we are talking 1960's, but when I came to find a class II fluorescent except for the 2D and compact fluorescents I drew a blank, even the all plastic weather proof were not classed and class II.
Even before 1966 the rules said "Lighting fittings using filament lamps installed in a room having a non-conducting floor, mounted at such a height that they cannot readily be touched and are out of reach of earthed metal" could be used without an earth. quote from 13th edition, so we were never allowed to use fluorescent or leave out earth to wall lights, and clearly never permitted with LED as not invented back then.
Today it is rarely a problem, as the rubber cable used back then has long since passed its use by date, and mineral insulated has an earth. The main problem today is where extra low voltage has been converted to low voltage using existing cables. The problem with this is if you sign a minor works certificate you could well be libel for the cost to correct it. As it has never been permitted. This is very different to hiding behind the fact each edition of the wiring regulations state the date after which designs must comply.
One may get away with class II where you are the in house electrician, but anywhere else one is opening up a situation which could be very costly. If one looks at motor vehicles and note how old vehicles can be and still get a recall, one starts to realise how far back one can go with claims.
I suppose I could have claimed for the rewire of my parents wall lamps fitted in 1950's if the builder was still trading? So simply not worth the risk installing lamps which have never complied.
