Transportable Pressure Vessels Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations implement as regards Northern Ireland Council Directive 1999/36/EC of 29th April 1999 (O.J. No. L138, 1.6.1999, p. 20) on transportable pressure equipment and Council Directive 2002/50/EC of 6th June 2002 (O.J. No. L149, 7.6.2002, p. 28) adapting to technical progress Council Directive 1999/36/EC. The principal provisions are as follows.

2.  Regulation 3 and Schedule 1 provide for the application of these Regulations.

3.  Regulation 4 sets out requirements relating to the placing on the market and use at work of transportable pressure vessels.

4.  Regulation 5 provides for different requirements in respect of transportable pressure vessels which are placed on the market or used at work exclusively within Northern Ireland. (The terms “placing on the market” and “transportable pressure vessel” are defined in regulation 2(1).)

5.  Regulation 6 permits the reassessment for conformity of transportable pressure vessels manufactured prior to 1st October 2005 which do not bear the conformity marking. In such cases similar requirements apply to those contained in regulation 4.

6.  Regulation 7 requires the owner of a transportable pressure vessel to ensure that periodic inspections of that vessel are carried out in accordance with the procedures in Schedule 6.

7.  Regulations 8 and 9 define, respectively, a notified body and an approved body in terms of the procedures which that body has been appointed to undertake. Such bodies must be appointed by the Health and Safety Executive for Northern Ireland (regulation 10) or by another member State.

8.  Regulation 11 sets out provisions relating to the conformity marking.

9.  Provision is made for the charging of fees (regulation 12) and for a limited defence where the commission of an offence was due to the act or default of another person, not being the employee of the person charged (regulation 13).

10.  Copies of relevant documents may be obtained as follows –

(a) the current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) Current edition (2001): ISBN 92 1 1390699 and the Convention concerning International Carriage by Rail (“COTIF”) (Cmnd 5897) from the Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD;

(b) the current edition of the International Maritime Dangerous Goods Code (Volumes I and II ISBN 92 801 5090 1; Supplement ISBN 92 801 5093 6) may be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR;

(c) the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement 2001-2002 Doc 9284-AN/905 may be obtained from the Civil Aviation Authority, Printing and Publishing Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN; and

(d) EN standards from the British Standards Institution, British Standards House, 389 Chiswick High Road, London, W4 4AL.

11.  In Great Britain, the corresponding Regulations are the Transportable Pressure Vessels Regulations 2001 (S.I. 2001/1426) and the Carriage of Dangerous Goods and Transportable Pressure Vessels (Amendment) Regulations 2003 (S.I. 2003/1431). Copies of the regulatory impact assessments relating to those Regulations together with a Northern Ireland Supplement is held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.

12.  A person who contravenes these Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.