Regulation 14(5)
SCHEDULE 8AMENDMENTS TO THE CDGCPL REGULATIONS
1. The CDGCPL Regulations shall be amended in accordance with paragraphs 2 to 9.
2. In regulation 2(1) –
(a)for the definition of “competent person” there shall be substituted the following definition –
““competent person” means a competent person (other than an employee) and any reference to a competent person performing a function includes a reference to his performing it through his employees;”; and
(b)the definitions of “approved person”, “EEC-type cylinder”, “Pressure Vessels Framework Directive” and “separate Directives” shall be deleted.
3. For paragraphs (4) and (5) of regulation 3, there shall be substituted the following paragraphs –
“(4) Subject to paragraphs (5) and (5A) and to the exceptions contained in Schedule 9, Schedules 4 and 8 shall apply to transportable pressure receptacles manufactured before 1st April 2005 which are used or intended to be used, or carried or intended to be carried, at work.
(5) Schedules 4 and 8 shall not apply –
(a)to any receptacle where the exceptions contained in paragraph (1)(a) to (g) apply;
(b)to any receptacle known as a two-part beer keg, one part of which is intended to contain a gas or a mixture of gases under pressure;
(c)to any receptacle used for the conveyance or storage of beer or carbonated drinks, the capacity of which does not exceed 0·252 cubic metres and the maximum working pressure of which is not greater than 12 bar above atmospheric pressure; or
(d)to any portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilograms.
(5A) Schedule 4 and paragraphs 1(1) and (2), 2, 3, 4(1)(a)(i) (5A) and 8(1) of Schedule 8 shall not apply to any pressure equipment to which the Pressure Equipment Regulations 1999 apply or to any transportable pressure vessel to which the Transportable Pressure Vessels Regulations (Northern Ireland) 2003 apply.”.
4. Regulations 12 to 17 shall be deleted.
5. In regulation 19, for paragraph (2) there shall be substituted the following paragraph –
“(2) For the purposes of paragraph (1) the specified provisions are paragraphs 2(2), 3(1) and (3), 4 and 8(2) of Schedule 8.”.
6. In Schedule 4 –
(a)in paragraph 1, for the words “an approved person” there shall be substituted “a person approved in accordance with paragraph 2(4)(a) of Schedule 8”; and
(b)in paragraph 6, for the words “under regulation 15(3)” there shall be substituted “in accordance with paragraph 2(7) of Schedule 8”.
7. For Schedule 8 there shall be substituted the following Schedule –
Regulation 3(4)
“SCHEDULE 8REQUIREMENTS FOR TRANSPORTABLE PRESSURE RECEPTACLES MANUFACTURED BEFORE 1ST APRIL 2005
1.—(1) Any person who designs, manufactures or supplies any transportable pressure receptacle or any article which is intended to be a component part thereof shall ensure that sub-paragraph (2) is complied with.
(2) The transportable pressure receptacle, or article, as the case may be, shall be –
(a)properly designed and properly constructed from suitable material, so as to prevent danger;
(b)so designed and constructed that all necessary examinations for preventing danger can be carried out; and
(c)provided with such protective devices as may be necessary for preventing danger and any such device which is designed to release contents shall do so safely, so far as is practicable.
(3) The employer of a person who modifies or repairs a transportable pressure receptacle at work shall ensure that nothing about the way in which it is modified or repaired gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.
2.—(1) A person shall not supply a transportable pressure receptacle unless the condition specified in sub-paragraph (3) has been met.
(2) Before a person fills a transportable pressure receptacle he shall ensure, so far as is reasonably practicable, that the condition specified in sub-paragraph (3) has been met.
(3) The condition referred to in sub-paragraphs (1) and (2) is that the receptacle has been verified in accordance with sub-paragraph (4) (either by a certificate in writing or by means of stamping on the receptacle) as conforming to a design standard or design specification approved by the Executive.
(4) For the purposes of sub-paragraph (3) a receptacle shall be verified –
(a)by a person approved by the Executive under this sub-paragraph (and for this purpose, any approval given under regulation 16(2)(a)(i) of the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991, as in operation immediately before the coming into operation of these Regulations, shall be deemed, subject to sub-paragraph (5), to be an approval under this sub-paragraph but shall remain subject to any conditions attached to it, and to the expiry date specified therein); or
(b)in accordance with a quality assurance scheme approved by the Executive.
(5) An approval under the Regulations referred to in sub-paragraph (4) which has not expired on 31st March 2005 shall cease to have effect on that date.
(6) An approval under sub-paragraph (4)(a) shall be by a certificate in writing, may be made subject to conditions and may be revoked by a certificate in writing at any time.
(7) Following an approval under sub-paragraph (4)(a), the Executive shall carry out, upon reasonable notice, a surveillance inspection of the person approved at such intervals as the Executive considers appropriate and for that purpose the person approved shall, at his own cost, afford any facilities and assistance and make available any information which may reasonably be required by the Executive.
(8) A person approved by the Executive shall not be charged for more than one surveillance inspection in any twelve month period.
(9) In this paragraph, a “surveillance inspection” means an inspection of such premises, equipment and documents and the making of such enquiries as the Executive considers appropriate for the purpose of verifying compliance by a person approved with any condition specified in the certificate of approval by the Executive.
3.—(1) The owner of a transportable pressure receptacle shall ensure, for the purpose of determining whether it is safe, that the receptacle is examined at appropriate intervals by a competent person.
(2) Where a competent person undertakes an examination for the purposes of this paragraph, he shall carry out that examination properly, and if, on completing that examination, he is satisfied that the receptacle is safe, he shall ensure that there is affixed to the receptacle a mark showing the date of the examination.
(3) A person, other than a competent person or a person authorised by any such person, shall not affix to a transportable pressure receptacle the mark referred to in sub-paragraph (3) or a mark liable to be confused with it.
4.—(1) The employer of a person who is to fill with a gas a transportable pressure receptacle at work, shall ensure that before the receptacle is filled that person –
(a)checks from the marks on the receptacle –
(i)that it appears to have been examined at appropriate intervals by a competent person, and
(ii)that it is suitable for containing that gas; and
(b)makes all other appropriate safety checks.
(2) The employer of a person who fills a transportable pressure receptacle at work shall ensure that that person –
(a)checks that, after filling, the receptacle is within its safe operating limits;
(b)checks that the receptacle is not overfilled; and
(c)in the event of overfilling, removes any excess gas in a safe manner.
(3) Every employer shall ensure that any person employed by him does not refill at work a non-refillable receptacle with a gas.
5.—(1) Subject to sub-paragraph (2) –
(a)every employer shall ensure that any person employed by him does not modify at work the body of a transportable pressure receptacle –
(i)of seamless construction, or
(ii)which has contained acetylene;
(b)every employer shall ensure that any person employed by him does not modify at work the body of any other type of transportable pressure receptacle if that modification would put the receptacle outside the scope of the design standard or design specification to which it was originally constructed; and
(c)a person shall not supply any modified transportable pressure receptacle for use unless following such modification a person approved under paragraph 2(4)(a) has marked or certified the receptacle as being fit for use.
(2) Sub-paragraph (1) shall not apply in relation to any modification constituting the remaking of a thread if such modification is carried out in accordance with a standard approved by the Executive.
6.—(1) Every employer shall ensure that any person employed by him does not carry out at work any major repair on the body of a transportable pressure receptacle –
(a)of seamless construction; or
(b)which has contained acetylene.
(2) Every employer shall ensure that any person employed by him does not carry out at work any major repair on the body of any other type of transportable pressure receptacle unless he is competent to do so.
(3) A person shall not supply a transportable pressure receptacle which has undergone a major repair unless following such work a person approved under paragraph 2(4)(a) has marked or certified it as being fit for use.
(4) In this paragraph “major repair” means any repair involving hot work or welding on the body of a transportable pressure receptacle but (except in relation to sub-paragraph (1)(b)) it does not mean any repair involving heat treatment applied for the purpose of restoring the metallurgical properties of the receptacle.
7.—(1) Every employer shall ensure that any person employed by him does not re-rate a transportable pressure receptacle at work unless he is competent to do so and does so in accordance with suitable written procedures drawn up by the owner of the receptacle.
(2) A person shall not supply a transportable pressure receptacle which has been re-rated unless, following the re-rating, a person approved under paragraph 2(4)(a) has certified it as being safe for use.
(3) In this paragraph –
(a)“re-rating” means reassessing the capability of a transportable pressure receptacle to contain compressed gas safely with a view to improving its capacity by means of an increase in the charging pressure (or, in the case of liquefied gas, the filling ratio) from that originally assessed and marked on the receptacle at the time of manufacture; and
(b)“filling ratio” means the ratio of the volume of the liquid gas in the receptacle to the total volume of the receptacle.
8.—(1) The manufacturer or, if he does not have a place of business in Northern Ireland, his agent in Northern Ireland or, if he has no such agent, the importer of a transportable pressure receptacle –
(a)which is made to an approved design specification, shall keep a copy of the design specification to which the said receptacle was manufactured together with any certificate of conformity issued under paragraph 2(3);
(b)which is made to an approved design standard, shall keep a copy of any certificate of conformity issued under paragraph 2(3);
(c)which –
(i)is a refillable receptacle,
(ii)is used solely for containing liquefied petroleum gas, and
(iii)has a water capacity up to and including 6·5 litres,
shall keep a copy of the design specification to which the said receptacle was manufactured.
(2) The owner of a transportable pressure receptacle for acetylene shall keep records of the tare weight of the receptacle, including the porous substance and acetone or other solvent, the nature of the solvent and the maximum pressure allowed in the receptacle.”.
8. In Schedule 9 –
(a)in paragraph 2, for the words “paragraph 5(4)” there shall be substituted the words “paragraph 4(3)”; and
(b)in paragraph 3, for the words “Paragraphs 3, 4, 5(1)(a), (2)(a) and 10(1) of Schedule 8” there shall be substituted “Paragraphs 2, 3 and 4(1)(a) of Schedule 8”.