The Simple Pressure Vessels (Safety) Regulations 2016

Revocations and savings E+W+S

77.—(1) Subject to paragraph (2), the 1991 Regulations and the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 F1 are revoked.

(2) The Regulations referred to in paragraph (1) continue to apply, [F2 subject to the modifications in paragraph (2A),] as if they had not been revoked, to a vessel placed on the market before the commencement date.

[F3 (2A) The modifications referred to in paragraph (2) are as follows—

(a) in the 1991 Regulations—

(i) any reference to “the Community” is to be read as including the United Kingdom;

(ii) any reference to “member State” is to be read as including the United Kingdom;

(iii) in regulation 11 (EC type-examination certificate)—

(aa) in paragraph (6)(a), for “the Commission, any other approved body or any other member State” substitute “ or any other United Kingdom approved body ”;

(bb) in paragraph (8), omit “, with a view to this information being passed by him to the Commission and the other member States”;

(iv) in regulation 17 (Functions of approved bodies in course of EC Surveillance)—

(aa) paragraph (2) is to be read as if “or elsewhere” were omitted;

(bb) paragraph (3) is to be read as if “, the Commission, any other approved body or any other member State” were omitted;

(v) paragraph 6 of Schedule 5 (enforcement), is to be read as if “, with a view to this information being passed by him to the Commission” were omitted;

(b) in the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994, in regulation 5 (transitional provisions in respect of marking arrangements)—

(i) any reference to “the Community” is to be read as including the United Kingdom; and

(ii) paragraph (3) is to be read as if the following paragraph were substituted—

“(3) In the event of such election, to demonstrate compliance with the marking arrangements in force on 31 December 1994, the manufacturer or his authorised representative established in the Community, shall apply the principal Regulations (as amended by these Regulations)—

(a) as if the amendments made by regulation 4(f) and (k) had not come into force; and

(b) read subject to the modifications made by regulation 77(2A)(a) of the Simple Pressure Vessels (Safety) Regulations 2016.”]

(3) Accordingly, despite its repeal by regulation 78(7)(a), the entry in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 relating to the 1991 Regulations is to continue to have effect in relation to a vessel placed on the market before the commencement date.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 S.I. 1994/3098.

F2 Words in reg. 77(2) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 21 para. 38(2) (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 77(2A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 21 para. 38(3) (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Revocations and savings N.I.

77.—(1) Subject to paragraph (2), the 1991 Regulations and the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 F4 are revoked.

(2) The Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to a vessel placed on the market before the commencement date.

(3) Accordingly, despite its repeal by regulation 78(7)(a), the entry in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 relating to the 1991 Regulations is to continue to have effect in relation to a vessel placed on the market before the commencement date.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F4 S.I. 1994/3098.