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The Cableway Installations Regulations 2018
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- UK Statutory Instruments
- 2018 No. 816
- PART 3
- Regulation 15
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Granting of stage 1 and stage 2 authorisationsU.K.
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15.—(1) The Secretary of State must grant a stage 1 authorisation if satisfied that—
(a)the requirements of Regulation 2016/424/EU are likely to be complied with both as regards the construction or modification of the cableway installation itself and as regards the subsystems or safety components incorporated into it; and
(b)the cableway installation, when constructed or modified, including such subsystems or safety components, is likely to meet the essential requirements applicable to them and be safe.
(2) The Secretary of State must grant a stage 2 authorisation if satisfied that—
(a)the cableway installation has been designed and constructed in such a way as to comply with the requirements of Regulation 2016/424/EU;
(b)the cableway installation and the subsystem and safety components incorporated into it are not liable to endanger the health or safety of persons or property when properly maintained and operated in accordance with their intended purpose; and
(c)the cableway installation has been constructed or modified in accordance with any measures specified in the safety report.
(3) The Secretary of State may grant a stage 1 authorisation or a stage 2 authorisation subject to compliance with such conditions as appear to the Secretary of State to be appropriate for the purposes of ensuring that the cableway installation complies with the essential requirements and is safe.
(4) The conditions referred to in paragraph (3) must include conditions specified in the safety report imposing restrictions on the operation of the cableway installation and conditions with regard to its servicing, supervision, adjustment and maintenance.
(5) The Secretary of State must consider any application for a stage 1 or stage 2 authorisation except where—
(a)the applicant has failed to make an application in relation to—
(i)a stage 1 authorisation that complies with regulation 13, or
(ii)a stage 2 authorisation that complies with regulation 14;
(b)the documents submitted to the Secretary of State are not in English; or
(c)the applicant has not submitted the fee which the Secretary of State requires to be submitted pursuant to regulation 12(3).
(6) In relation to the modification of a cableway installation, references in this regulation to compliance with Regulation 2016/424/EU or meeting the “essential requirements” are to be construed as applying only in respect of the modification of the cableway installation and its repercussions on the installation as a whole.
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