The Simple Pressure Vessels, Electrical Equipment and Pressure Equipment (Miscellaneous Amendments) (Northern Ireland) Regulations 2018

Amendment of the Simple Pressure Vessels (Safety) Regulations 2016

2.—(1) The Simple Pressure Vessels (Safety) Regulations 2016 are amended as follows.

(2) In paragraph 2 of Schedule 7 (enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order)—

(a) in paragraph (c) after sub-paragraph (ii) insert—

“(iia) in paragraph (2)(h) for “him to have caused or to be likely to cause danger to health and safety”, there were substituted “contravene the relevant statutory provisions or present a risk to the health or safety of persons, to domestic animals or to property;”;

(b) after paragraph (c) insert—

“(ca) in Article 23—

(i) before paragraph (a), there were inserted—

“(za) is making available on the market a vessel which presents a risk to the health or safety of persons, to domestic animals or to property;”;

(ii) in sub-paragraph (ii), after “specifying the”, there were inserted “risk, or”; and

(iii) in sub-paragraph (iv), after “requiring that person to”, there were inserted “address the risk or”;”;

(c) in paragraph (j)—

(i) for sub-paragraph (iv) substitute—

“(iv) in paragraph (4), “or authority (including, in the case of an enforcing authority, any inspector appointed by it)” were omitted;”;

(ii) after sub-paragraph (v) insert—

“(vi) in paragraph (6), “16(4)(a) or” were omitted;

(vii) for paragraph (6)(b), there were substituted—

“(b) for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;””;

(d) for paragraph (k)(ii) substitute—

“(ii) for paragraph (2), there were substituted—

“(2) A person guilty of an offence under this Article is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or to both;

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or to both.””.