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2.—(1) The Pressure Equipment (Safety) Regulations 2016(1), as they apply in relation to England and Wales and Scotland, are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)in the definition of “applicant”, for “notified” substitute “approved”;
(b)omit the definition of “notified body requirements”; and
(c)in the definition of “recognised third party organisation”, for “is” substitute “except in Schedule 2 (essential safety requirements), is”.
(3) In regulations 43(1) to (4) and 44 (conformity assessment procedures), for “notified”, in each place it appears, substitute “approved”.
(4) In Schedule 2 (essential safety requirements)—
(a)for paragraph 21(3), substitute—
“(3) For pressure equipment, permanent joining of components which contribute to the pressure resistance of equipment and components which are directly attached to them must be carried out by suitably qualified personnel according to suitable operating procedures and for pressure equipment in categories II, III and IV, operating procedures and personnel must be approved by a competent third party which, at the manufacturer's discretion, may be—
(a)an approved body;
(b)a recognised third party organisation; or
(c)a notified body.
(3A) In this Schedule—
(a)“notified body” means a conformity assessment body which is a notified body for the purposes of the Directive (as provided for in Article 29(5) of the Directive);
(b)“recognised third party organisation” means a conformity assessment body—
(i)within the meaning set out in regulation 52; or
(ii)which is a recognised third party organisation for the purposes of the Directive (as provided for in Article 29(5) of the Directive).”;
(b)in paragraph 31(5), for “the approved body in charge of conformity assessment procedures for the pressure equipment” substitute “an approved body or a notified body”; and
(c)in paragraph 31(8), for “in the United Kingdom” substitute “in the United Kingdom or in the territory of an EEA state”.
S.I. 2016/1105; relevant amending instruments are S.I. 2017/1206, 2019/696, 2020/1460, 2021/127, 2021/1273; there are other amending instruments but none is relevant.
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