The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005

33.  In Schedule 2 (old pressure receptacles)— E+W+S

(a) for paragraph 3 (conformity to approved design standard or specification) substitute—

“Conformity to approved design standard or specification

3.— (1) No person shall—

(a) supply or import; or

(b) insofar as is reasonably practicable, fill,

an old pressure receptacle unless the old pressure receptacle has been verified, either by a certificate in writing or by means of stamping on the old pressure receptacle in accordance with sub-paragraph (2), as conforming to a design standard or design specification approved by the Secretary of State.

(2) An old pressure receptacle shall be verified—

(a) by a person approved by the Secretary of State under this sub-paragraph; or

(b) in accordance with a quality assurance scheme approved by the Secretary of State.

(3) An application for an approval under sub-paragraph (2)(a) shall be made in accordance with paragraph 9.

(4) Where a person is approved under sub-paragraph (2)(a), the Secretary of State shall carry out, upon reasonable notice, a surveillance inspection of the person approved at such intervals as the Secretary of State considers appropriate and for that purpose the person approved shall, at his own cost—

(a) afford any copies, facilities and assistance; and

(b) make available any information,

which may be reasonably required by the Secretary of State.

(5) No person approved by the Secretary of State shall be charged by him for more than one surveillance inspection in any 12 month period.

(6) In this paragraph, a “surveillance inspection” means—

(a) an inspection of such premises, equipment and documents; and

(b) the making of such enquiries,

as the Secretary of State considers appropriate, for the purpose of verifying compliance by a person approved with any condition specified in the certificate of approval by the Secretary of State.”;

(b) in paragraph 4 (examination of old pressure receptacles by competent or approved persons) in sub-paragraph (1)(b) for the word “Executive” substitute “ Secretary of State ”;

(c) in paragraph 7 (modification, repair and re-rating of old pressure receptacles) in sub-paragraph (2) for the word “Executive” substitute “ Secretary of State ”;

(d) in paragraph 8 (additional requirements for old pressure receptacle containing certain dangerous goods not classified as class 2) in sub-paragraph (2) for the words “9(k)” substitute “ 10(k) ”; and

(e) for paragraph 9 (approvals by the competent authority) substitute—

“Approvals by the competent authority

9.— (1) The Secretary of State may approve such persons as it thinks fit to be inspection bodies for the purpose of this Schedule.

(2) An application for—

(a) approval as an approved person under paragraph 3(2)(a);

(b) approval as an inspection body under paragraph 4(1)(b); or

(c) for the amendment of an existing appointment,

shall be made to the Secretary of State.

(3) An approval made under this paragraph—

(a) may relate to—

(i) all descriptions of old pressure receptacles of which it is the competent authority; or

(ii) such descriptions of such old pressure receptacles as it may determine;

(b) may be subject to such conditions as the Secretary of State may determine, and such conditions may include conditions which apply upon or following termination of the approval;

(c) shall, without prejudice to the generality of paragraph (b) and subject to sub-paragraph (7), require the inspection body to carry out the procedures and specific tasks for which it has been approved;

(d) shall be terminated upon 90 days' notice in writing to the Secretary of State at the request of the inspection body; and

(e) may be terminated if it appears to the Secretary of State that any of the conditions of the approval are not being complied with.

(4) Subject to sub-paragraph (3)(d) and (e), an approval under this paragraph may be for the time being or for such period as may be specified in the approval.

(5) An inspection body appointed by the Secretary of State or a person approved by the Secretary of State shall be subject to such inspection by or on behalf of the Secretary of State as is necessary to ensure compliance with any condition specified in the approval.

(6) The inspection referred to in sub-paragraph (5) may include the examination of premises, equipment and documents and the inspection body shall provide such facilities, assistance and information as are reasonably required for the purpose of the inspection.

(7) In respect of an application made to an inspection body in accordance with this Schedule, the inspection body shall not be required to carry out the procedures and tasks referred to in sub-paragraph (3)(c)—

(a) if the documents submitted to it with the application are not in English or another language acceptable to that body;

(b) until the applicant has paid the fee which that body requires pursuant to regulation 56(5); or

(c) if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under this Schedule which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(8) If for any reason the approval of an inspection body is terminated under this paragraph, the Secretary of State may—

(a) give such directions—

(i) to the body whose approval has been terminated; or

(ii) to another inspection body;

for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and those directions shall be complied with by the body to whom they are made; and

(b) without prejudice to the generality of paragraph (a), authorise another inspection body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.”.