The Pressure Systems and Transportable Gas Containers Regulations 1989

PART I INTRODUCTION

Citation and commencement

1.  These Regulations may be cited as the Pressure Systems and Transportable Gas Containers Regulations 1989 and shall come into force in accordance with the provisions of Part I of Schedule 1.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“approved design standard” and “approved design specification” means a design standard or design specification, as the case may be, approved under regulation 16(2)(a);

“competent person” means a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate; and accordingly any reference in these Regulations to a competent person performing a function includes a reference to his performing it through his employees;

“danger” in relation to a pressure system, means reasonably foreseeable danger to persons from system failure, but (except in the case of steam) it does not mean danger from the hazardous characteristics of the relevant fluid other than from its pressure;

“design specification” means a specification for the design of one type of transportable gas container;

“design standard” means a standard for the design of more than one type of transportable gas container;

“EEC – type cylinder” has the meaning assigned by regulation 16(2)(b);

“examination” means a careful and critical scrutiny of a pressure system, part of a pressure system or transportable gas container, in or out of service as appropriate, using suitable techniques, including testing where appropriate, to assess–

(a)

its actual condition; and

(b)

whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out, and for this purpose “normal maintenance” means such maintenance as it is reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system or transportable gas container) to ensure is carried out independently of any advice from the competent person making the examination;

“the Executive” means the Health and Safety Executive;

“framework directive” means Council Directive 76/767/EEC concerning the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them(1);

“installed system” means a pressure system other than a mobile system;

“mobile system” means a pressure system which can be readily moved between and used in different locations but it does not include a steam locomotive;

“owner” in relation to a pressure system or transportable gas container means the employer or self-employed person who owns the pressure system or transportable gas container or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if there is no such agent, the user;

“pipeline” means a pipe or system of pipes used for the conveyance of relevant fluid across the boundaries of premises, together with any apparatus for inducing or facilitating the flow of relevant fluid through, or through a part of, the pipe or system, and any valves, valve chambers, pumps, compressors and similar works which are annexed to, or incorporated in the course of, the pipe or system;

“pipework” means a pipe or system of pipes together with associated valves, pumps, compressors and other pressure containing components and includes a hose or bellows but does not include a pipeline or any protective devices;

“pressure system” means–

(a)

a system comprising one or more pressure vessels of rigid construction, any associated pipework and protective devices;

(b)

the pipework with its protective devices to which a transportable gas container is, or is intended to be, connected; or

(c)

a pipeline and its protective devices;

which contains or is liable to contain a relevant fluid, but does not include a transportable gas container;

“protective devices” means devices designed to protect the pressure system against system failure and devices designed to give warning that system failure might occur, and include bursting discs;

“relevant fluid” means–

(a)

steam;

(b)

any fluid or mixture of fluids which is at a pressure greater than 0.5 bar above atmospheric pressure, and which fluid or mixture of fluids, is–

(i)

a gas, or

(ii)

a liquid which would have a vapour pressure greater than 0.5 bar above atmospheric pressure when in equilibrium with its vapour at either the actual temperature of the liquid or 17.5 degrees Celsius; or

(c)

a gas dissolved under pressure in a solvent contained in a porous substance at ambient temperature and which could be released from the solvent without the application of heat;

“safe operating limits” means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;

“scheme of examination” means the written scheme referred to in regulation 8;

“separate directives” means Council Directives 84/525/EEC(2), 84/526/EEC(3) and 84/527/EEC(4) concerning the approximation of the laws of the Member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders respectively;

“system failure” means the unintentional release of stored energy (other than from a pressure relief system) from a pressure system or transportable gas container;

“transportable gas container” means a container, including any permanent fitting of such a container, which is used, or, is intended to be used, to contain a relevant fluid and is–

(a)

designed to be transportable for the purpose of refilling and has an internal volume of at least 0.5 litres and not greater than 3,000 litres;

(b)

a non-refillable container having an internal volume of at least 1.4 litres and not greater than 5 litres; or

(c)

for the purposes of regulation 17(3) only, a non-refillable container;

“user” in relation to a pressure system, or a vessel to which Part IV applies, means the employer or self-employed person who has control of the operation of the pressure system or such a vessel, or in the case of a pressure system or such a vessel at or in a mine or any part of a quarry (both within the meaning of Section 180 of the Mines and Quarries Act 1954(5)), it means the manager for the time being of that mine or that part of the quarry.

(2) In these Regulations, unless the context otherwise requires, any reference to–

(a) a numbered regulation, Part or Schedule is a reference to the regulation, Part or a Schedule in these Regulations so numbered;

(b) a numbered paragraph is a reference to that paragraph so numbered in the regulation or Schedule in which that reference appears.

Application and duties

3.—(1) Subject to Schedule 2 (which sets out exceptions to the Regulations)–

(a) Part II shall apply to or in relation to pressure systems and transportable gas containers;

(b) Part III shall apply to or in relation to pressure systems;

(c) Part V shall apply to or in relation to transportable gas containers,

which are used or intended to be used at work.

(2) Any requirement or prohibition imposed by these Regulations on an employer in respect of the activities of his employees shall also extend to a self-employed person in respect of his own activities at work.

(3) Any requirement or prohibition imposed by these Regulations on a person–

(a) who designs, manufactures, imports or supplies any pressure system or transportable gas container, or any article which is intended to be a component part of any pressure system or transportable gas container, shall extend only to such a system, container or article designed, manufactured, imported or supplied in the course of a trade, business or other undertaking carried on by him (whether for profit or not);

(b) who designs or manufactures such a system, container or article, shall extend only to matters within his control.

(4) The provisions of Schedule 3 (which relate to the modification of duties in cases where pressure systems are supplied by way of lease, hire or other arrangements) shall have effect.

PART II GENERAL

Design, construction, repair, and modification

4.—(1) Any person who designs, manufactures, imports, or supplies any pressure system or transportable gas container, or any article which is intended to be a component part of any pressure system or transportable gas container, shall ensure that paragraphs (2) to (5) are complied with.

(2) The pressure system, transportable gas container, or article, as the case may be, shall be properly designed and properly constructed from suitable material, so as to prevent danger.

(3) The pressure system, transportable gas container or article, as the case may be, shall be so designed and constructed that all necessary examinations for preventing danger can be carried out.

(4) Where the pressure system has any means of access to its interior, it shall be so designed and constructed as to ensure, so far as practicable, that access can be gained without danger.

(5) The pressure system and transportable gas container shall be provided with such protective devices as may be necessary for preventing danger; and any such device designed to release contents shall do so safely, so far as is practicable.

(6) The employer of a person who modifies or repairs a pressure system or transportable gas container at work shall ensure that nothing about the way in which it is modified or repaired gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.

PART III PRESSURE SYSTEMS

Provision of information and marking

5.—(1) Any person who–

(a) designs for another any pressure system or any article which is intended to be a component part thereof; or

(b) supplies (whether as manufacturer, importer or in any other capacity) any pressure system or any such article,

shall provide sufficient written information concerning its design, construction, examination, operation and maintenance as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.

(2) The employer of a person who modifies or repairs any pressure system shall provide sufficient written information concerning the modification or repair as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.

(3) The information referred to in paragraph (1) or (2) shall–

(a) in the case of paragraph (1)(a), be provided with the design;

(b) in the case of paragraph (1)(b), be provided with the pressure system or article when it is supplied by that person;

(c) in the case of paragraph (2), be provided to the user of the system immediately after the modification or repair.

(4) Any person who manufactures a pressure vessel shall ensure that before it is supplied by him the information specified in Schedule 4 is marked on the vessel, or on a plate attached to it, in a visible, legible and indelible form; and no person shall import a pressure vessel unless it is so marked.

(5) No person shall remove from a pressure vessel any mark or plate containing any of the information specified in Schedule 4.

(6) No person shall falsify any mark on a pressure system, or on a plate attached to it, relating to its design, construction, test or operation.

Installation

6.  The employer of a person who installs a pressure system at work shall ensure that nothing about the way in which it is installed gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.

Safe operating limits

7.—(1) The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has established the safe operating limits of that system.

(2) The owner of a mobile system shall, if he is not also the user of it–

(a) supply the user with a written statement specifying the safe operating limits of that system established pursuant to paragraph (1); or

(b) ensure that the system is legibly and durably marked with such safe operating limits and that the mark is clearly visible.

Written scheme of examination

8.—(1) The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has a written scheme for the periodic examination, by a competent person, of the following parts of the system, that is to say–

(a) all protective devices;

(b) every pressure vessel and every pipeline in which (in either case) a defect may give rise to danger; and

(c) those parts of the pipework in which a defect may give rise to danger,

and such parts of the system shall be identified in the scheme.

(2) The said user or owner shall–

(a) ensure that the scheme has been drawn up, or certified as being suitable, by a competent person;

(b) ensure that–

(i) the content of the scheme is reviewed at appropriate intervals by a competent person for the purpose of determining whether it is suitable in current conditions of use of the system; and

(ii) the content of the scheme is modified in accordance with any recommendations made by that competent person arising out of that review.

(3) No person shall draw up or certify a scheme of examination under paragraph (2)(a) unless the scheme is suitable and–

(a) specifies the nature and frequency of examination;

(b) specifies any measures necessary to prepare the pressure system for safe examination other than those it would be reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system) to take without specialist advice; and

(c) where appropriate, provides for an examination to be carried out before the pressure system is used for the first time.

(4) References in paragraphs (2) and (3) to the suitability of the scheme are references to its suitability for the purposes of preventing danger from those parts of the pressure system included in the scheme.

Examination in accordance with the written scheme

9.—(1) Subject to paragraph (7), the user of an installed system and the owner of a mobile system shall–

(a) ensure that those parts of the pressure system included in the scheme of examination are examined by a competent person within the intervals specified in the scheme and, where the scheme so provides, before the system is used for the first time; and

(b) before each examination take all appropriate safety measures to prepare the system for examination, including any such measures as are specified in the scheme of examination pursuant to regulation 8(3)(b).

(2) Where a competent person undertakes an examination for the purposes of paragraph (1) he shall carry out that examination properly and in accordance with the scheme of examination.

(3) Where a competent person has carried out an examination for the purposes of paragraph (1) he shall, subject to paragraph (4) and regulation 13(4), make a written report of the examination, sign or otherwise authenticate it, date it and send it to the user (in the case of an installed system) or owner (in the case of a mobile system); and the said report shall be so sent as soon as is practicable after completing the examination (or, in the case of integrated installed systems where the examination is part of a series, as soon as is practicable after completing the last examination in that series), and in any event to arrive–

(a) within 28 days of the completion of the examination (or, in the case of integrated installed systems where the examination is part of a series, within 28 days of the completion of the last examination in that series); or

(b) before the date specified in the report under paragraph (5)(b),

whichever is sooner.

(4) Where the competent person referred to in paragraph (3) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to send the report to the user or owner shall not apply, but he shall make the report by the time it would have been required to have been sent to him under that paragraph if he had not been the competent person.

(5) The report required by paragraph (3) shall–

(a) state which parts of the pressure system have been examined, the condition of those parts and the results of the examination;

(b) specify any repairs or modifications to, or changes in the established safe operating limits of, the parts examined which, in the opinion of the competent person, are necessary to prevent danger or to ensure the continued effective working of the protective devices, and specify the date by which any such repairs or modifications must be completed or any such changes to the safe operating limits must be made;

(c) specify the date within the limits set by the scheme of examination after which the pressure system may not be operated without a further examination under the scheme of examination; and

(d) state whether in the opinion of the competent person the scheme of examination is suitable (for the purpose of preventing danger from those parts of the pressure system included in it) or should be modified, and if the latter state the reasons.

(6) The user of an installed system and the owner of a mobile system which has been examined under this regulation shall ensure that the system is not operated, and no person shall supply such a mobile system for operation, after (in each case)–

(a) the date specified under paragraph (5)(b), unless the repairs or modifications specified under that paragraph have been completed, and the changes in the established safe operating limits so specified have been made; or

(b) the date specified under paragraph (5)(c) (or, if that date has been postponed under paragraph (7), the postponed date) unless a further examination has been carried out under the scheme of examination.

(7) The date specified in a report under paragraph (5)(c) may be postponed to a later date by agreement in writing between the competent person who made the report and the user (in the case of an installed system) or owner (in the case of a mobile system) if–

(a) such postponement does not give rise to danger;

(b) only one such postponement is made for any one examination; and

(c) such postponement is notified by the user or owner in writing to the enforcing authority for the premises at which the pressure system is situated, before the date specified in the report under paragraph (5)(c).

(8) Where the competent person referred to in paragraph (7) is the user (in the case of an installed system) or owner (in the case of a mobile system) the reference in that paragraph to an agreement in writing shall not apply, but there shall be included in the notification under sub-paragraph (c) of that paragraph a declaration that the postponement will not give rise to danger.

(9) The owner of a mobile system shall ensure that the date specified under paragraph (5)(c) is legibly and durably marked on the mobile system and that the mark is clearly visible.

Action in case of imminent danger

10.—(1) If the competent person carrying out an examination under the scheme of examination is of the opinion that the pressure system or part of the pressure system will give rise to imminent danger unless certain repairs or modifications have been carried out or unless suitable changes to the operating conditions have been made, then without prejudice to the requirements of regulation 9, he shall forthwith make a written report to that effect identifying the system and specifying the repairs, modifications or changes concerned and give it–

(a) in the case of an installed system, to the user; or

(b) in the case of a mobile system, to the owner and to the user, if any,

and the competent person shall within 14 days of the completion of the examination send a written report containing the same particulars to the enforcing authority for the premises at which the pressure system is situated.

(2) Where a report is given in accordance with paragraph (1) to–

(a) the user of a pressure system, he shall ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated;

(b) the owner of a mobile system, he shall take all reasonably practicable steps to ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated,

until the repairs, modifications or changes, as the case may be, have been carried out or made.

(3) Where the competent person referred to in paragraph (1) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to give the report to the user or owner shall not apply, and the reference in paragraph (2) to the giving of the report to the user or owner shall be construed as a reference to the making of the report by him.

Operation

11.—(1) The user of an installed system and the owner of a mobile system shall provide for any person operating the system adequate and suitable instructions for–

(a) the safe operation of the system; and

(b) the action to be taken in the event of an emergency.

(2) The user of a pressure system shall ensure that it is not operated except in accordance with the instructions provided in respect of that system under paragraph (1)(a).

Maintenance

12.  The user of an installed system and the owner of a mobile system shall ensure that the system is properly maintained in good repair, so as to prevent danger.

Keeping of records, etc

13.—(1) The user of an installed system and the owner of a mobile system shall, subject to paragraph (4), keep the following documents or copies thereof:–

(a) the last report relating to the system made by the competent person pursuant to regulation 9(3);

(b) any such previous reports if they contain information which will materially assist in assessing whether–

(i) the system is safe to operate, or

(ii) any repairs or modifications to the system can be carried out safely;

(c) any documents provided pursuant to regulation 5 which relate to those parts of the pressure system included in the scheme of examination; and

(d) any agreement made pursuant to regulation 9(7), and, in a case to which regulation 9(8) applies, a copy of the notification referred to in regulation 9(7)(c), until a further examination has been carried out since that agreement or notification under the scheme of examination.

(2) The documents required to be kept by this regulation shall be kept–

(a) in the case of an installed system, at the premises where the system is installed, or at other premises approved for the purposes of this sub-paragraph by the enforcing authority responsible for enforcing these Regulations at the premises where the system is installed;

(b) in the case of a mobile system, at the premises in Great Britain from which the deployment of the system is controlled.

(3) Where the user or owner of a pressure system or part thereof changes, the previous user or owner shall as soon as is practicable give to the new user or owner all documents (relating to the system or part thereof, as the case may be) kept by him under this regulation, or copies thereof.

(4) Subject to paragraph (6) it shall be sufficient compliance with regulation 9(3) if the individual making the examination enters his report in a computer and duly authenticates it as soon as is practicable after completing the examination (or, in the case of integrated installed systems where the examination is part of a series, as soon as is practicable after completing the last examination in that series), and in any event by the time referred to in regulation 9(3)(a) or (b), whichever is sooner; and in such a case it shall be sufficient compliance with sub-paragraphs (a) or (b) of paragraph (1) if the report is kept by the user in a computer.

(5) Where the procedure referred to in paragraph (4) is used in respect of the reports mentioned in sub-paragraph (a) or (b) of paragraph (1) and the user or owner of the pressure system or part thereof changes, the previous user or owner shall provide in writing to the new user or owner the information contained in those reports.

(6) The procedure referred to in paragraph (4) may only be used if the report–

(a) is capable of being reproduced as a written copy when required at the premises referred to in the appropriate sub-paragraph in paragraph (2);

(b) is secure from loss or unauthorised interference; and

(c) can be authenticated only by the individual making the examination.

(7) In this regulation “computer” means the computer system including the software.

PART IV PRECAUTIONS TO PREVENT PRESSURISATION OF CERTAIN VESSELS

Application

14.  This Part shall apply to a vessel–

(a) which is constructed with a permanent outlet to the atmosphere or to a space where the pressure does not exceed atmospheric pressure; and

(b) which could become a pressure vessel if that outlet were obstructed.

Precautions to prevent pressurisation

15.  The user of a vessel to which this Part applies shall ensure that the outlet referred to in regulation 14(a) is at all times kept open and free from obstruction when the vessel is in use.

PART V TRANSPORTABLE GAS CONTAINERS

Design standards, approval and certification

16.—(1) No person shall–

(a) supply for the first time;

(b) import; or

(c) manufacture and use,

a transportable gas container unless the conditions specified in sub-paragraphs (a) or (b) of paragraph (2) have been met.

(2) The conditions referred to in paragraph (1) are–

(a) the container has been verified (either by certificate in writing or by means of stamping the container) as conforming to a design standard or design specification approved by the Executive–

(i) by a person or body of persons corporate or unincorporate approved by the Executive for the purposes of this paragraph, or

(ii) in accordance with a quality assurance scheme approved by the Executive; or

(b) the container is an EEC-type cylinder, that is–

(i) there is an EEC Verification Certificate in force in respect of it issued by an inspection body which, under the law of any Member State, is authorised to grant such a Certificate for the purposes of the framework directive and the separate directive relating to that type of cylinder, or, in the case of a cylinder not subject to EEC verification under any of the separate directives, it conforms to the requirements of the framework directive and the separate directive relating to that type of cylinder, and

(ii) it bears all the marks and inscriptions required by the framework directive and the separate directive relating to that type of cylinder.

(3) Any approval under this regulation shall be by a certificate in writing, may be made subject to conditions and may be revoked by a certificate in writing at any time.

(4) Schedule 5 shall have effect with respect to fees for approvals under this regulation.

(5) In paragraph (1)(a) the reference to supplying a transportable gas container for the first time is a reference to supplying an unused transportable gas container, that is, one from which a relevant fluid has not been used.

Filling of containers

17.—(1) The employer of a person who is to fill a transportable gas container with a relevant fluid at work shall ensure that before it is filled that person–

(a) checks from the marks on the cylinder that–

(i) it appears to have undergone proper examinations at appropriate intervals by a competent person (unless the manufacturer’s mark reveals that such an examination is not yet due), and

(ii) it is suitable for containing that fluid; and

(b) makes all other appropriate safety checks.

(2) The employer of a person who fills a transportable gas container with a relevant fluid at work shall ensure that that person–

(a) checks that after filling it is within its safe operating limits;

(b) checks that it is not overfilled; and

(c) removes any excess fluid in a safe manner in the event of overfilling.

(3) An employer shall ensure that no person employed by him refills at work a non-refillable container with a relevant fluid.

Examination of containers

18.—(1) The owner of a transportable gas container shall, for the purpose of determining whether it is safe, ensure that the container is examined at appropriate intervals by a competent person.

(2) Where a competent person undertakes an examination for the purposes of paragraph (1), he shall carry out that examination properly, and if on completing the examination he is satisfied that the container is safe, he shall ensure that there is affixed to the container a mark showing the date of the examination.

(3) No person other than the competent person or person authorised by him shall affix to a transportable gas container the mark referred to in paragraph (2) or a mark liable to be confused with it.

Modifications of containers

19.—(1) Subject to paragraph (2),

(a) an employer shall ensure that no person employed by him modifies at work the body of a transportable gas container–

(i) of seamless construction; or

(ii) which has contained acetylene;

(b) an employer shall ensure that no person employed by him modifies at work the body of any other type of transportable gas container if that modification would put the transportable gas container outside the scope of the design standard or design specification to which it was originally constructed;

(c) a person shall not supply any modified transportable gas container for use unless following such work a person or body of persons approved by the Executive for the purposes of regulation 16(2)(a)(i) has marked or certified it as being fit for use, or, in the case of an EEC-type cylinder, an inspection body referred to in regulation 16(2)(b)(i) has so marked or certified it.

(2) Paragraph (1) shall not apply to the remaking of a thread if this is done in accordance with a standard approved by the Executive.

Repair Work

20.—(1) An employer shall ensure that no person employed by him carries out at work any major repair on the body of a transportable gas container–

(a) of seamless construction; or

(b) which has contained acetylene.

(2) An employer shall ensure that no person employed by him carries out at work any major repair on the body of any other type of transportable gas container unless he is competent to do so.

(3) No person shall supply a transportable gas container which has undergone a major repair unless following such work a person or body of persons approved by the Executive for the purposes of regulation 16(2)(a)(i) has marked or certified it as being fit for use, or, in the case of an EEC-type cylinder, an inspection body referred to in regulation 16(2)(b)(i) has so marked or certified it.

(4) In this regulation “major repair” means any repair involving hot work or welding on the body of a transportable gas container but (except in relation to paragraph (1)(b)) it does not mean heat treatment applied for the purpose of restoring the metallurgical properties of the container.

Re-rating

21.—(1) This regulation applies to the re-rating of a transportable gas container, that is the reassessment of its capability to contain compressed gas safely with a view to improving its capacity by means of an increase in the charging pressure (or in the case of liquefied gas, the filling ratio) from that originally assessed and marked on the container at the time of manufacture.

(2) An employer shall ensure that no person employed by him re-rates a transportable gas container at work unless he is competent to do so and does it in accordance with suitable written procedures drawn up by the owner of the container.

(3) No person shall supply a transportable gas container which has been re-rated unless following the re-rating a person or body of persons approved by the Executive for the purposes of regulation 16(2)(a)(i) has certified it as being safe for use.

(4) In this regulation “filling ratio” means the ratio of the volume of liquefied gas in the container to the total volume of the container.

Records

22.—(1) The manufacturer or, if he does not have a place of business in Great Britain, his agent in Great Britain, or if he has no agent, the importer, of a transportable gas container–

(a) made to an approved design specification, shall keep a copy of the said specification together with any certificate of conformity issued in accordance with regulation 16(2)(a);

(b) made to an approved design standard, shall keep a copy of any certificate of conformity issued in accordance with regulation 16(2)(a);

(c) which is an EEC-type cylinder, shall keep the EEC Verification Certificate referred to in regulation 16(2)(b)(i) where one has been issued.

(2) The owner of a hired out transportable gas container–

(a) made to an approved design specification, shall keep a copy of the said specification together with a copy of any certificate of conformity issued in accordance with regulation 16(2)(a);

(b) made to an approved design standard, shall keep a copy of any certificate of conformity issued in accordance with regulation 16(2)(a);

(c) which is an EEC-type cylinder, shall keep a copy of the EEC Verification Certificate referred to in regulation 16(2)(b)(i) where one has been issued,

(d) which–

(i) is a refillable container,

(ii) is used solely for containing liquefied petroleum gas, and

(iii) has a water capacity up to and including 6.5 litres;

shall keep a copy of the design specification for the container.

(3) The owner of a transportable gas container for acetylene shall keep records of the tare weight of the container, including the porous substance and acetone or other solvent, the nature of the solvent and the maximum pressure allowed in the container.

PART VI MISCELLANEOUS

Defence

23.—(1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove–

(a) that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called "the other person'); and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

(3) For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the 1974 Act, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.

Power to grant exemptions

24.—(1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt–

(a) any person or class of persons;

(b) any type or class of pressure system; or

(c) any type or class of transportable gas container,

from the application of any of the requirements or prohibitions imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time, and may be revoked by a certificate in writing at any time.

(2) The Executive shall not grant any such exemption unless, having regard to the circumstances, and in particular to–

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirement imposed by or under any enactment which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Extension outside Great Britain

25.  These Regulations shall apply outside Great Britain in relation to any activity to which, sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of Articles 6 and 7(a) (b) and (d) of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989(6) as they apply within Great Britain.

Repeals, revocations and modifications

26.—(1) The enactment specified in Part I of Schedule 6 in column 1 is hereby repealed to the extent specified in the corresponding entry in column 3.

(2) The enactment specified in Part II of Schedule 6 in column 1 shall be modified to the extent specified in the corresponding entry in column 3.

(3) The instruments specified in Part III of Schedule 6 in column 1 are hereby revoked to the extent specified in the corresponding entry in column 3.

(4) The instruments specified in Part IV of Schedule 6 in column 1 shall be modified to the extent specified in the corresponding entry in column 3.

Transitional provisions

27.  The provisions of Parts II and III of Schedule 1 shall have effect.

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

22nd November 1989