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4.—(1) Subject to regulation 5, a person shall not place on the market or use at work any transportable pressure vessel unless the requirements of paragraphs (2) to (4) have been complied with.
(2) The transportable pressure vessel must –
(a)be safe and suitable for purpose;
(b)have been designed, manufactured and tested according to –
(i)any standard listed in Schedule 2 which is relevant to that vessel; or
(ii)any other standard approved by the Executive for the purpose of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR;
(c)have been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Schedule 4, to be in conformity with the standards identified pursuant to sub-paragraph (b); and
(d)bear the conformity marking, the identification number of the notified body and any marking required by the standards identified pursuant to sub-paragraph (b).
(3) Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves) those valves must –
(a)have been designed, manufactured and tested according to –
(i)any standard listed in Schedule 2 which is relevant to those valves; or
(ii)where there is no such standard, the requirements of the Pressure Equipment Regulations 1999(1); and
(b)meet the requirements specified in paragraph (5).
(4) Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must –
(a)have been designed, manufactured and tested to be in compliance with the requirements set out in Chapter 6.2 of ADR; and
(b)meet the requirements specified in paragraph (5).
(5) The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must –
(a)be safe and suitable for purpose;
(b)have been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Schedule 4, to be in conformity with the standards or requirements identified pursuant to paragraph (3) or (4), as the case may be; and
(c)bear the conformity marking or the CE marking, as appropriate.
(6) Any technical documentation or other information required to be retained under a conformity assessment procedure shall be retained by the person specified in that procedure for any period specified in that procedure.
(7) Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii).
S.I. 1999/2001
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