The Simple Pressure Vessels (Safety) Regulations 1991

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Simple Pressure Vessels (Safety) Regulations 1991.

(2) These Regulations shall come into force on 31st December 1991.

Commencement Information

I1 Reg. 1 in force at 31.12.1991, see reg. 1(2)

Interpretation U.K.

2.—(1) In these Regulations, “vessel” means a simple pressure vessel being a welded vessel intended to contain air or nitrogen at a gauge pressure greater than 0.5 bar, not intended for exposure to flame, and having the following characteristics–

(a) the components and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel, or of non-alloy aluminium, or of non-age hardening aluminium alloy;

(b) the vessel consists either–

(i) of a cylindrical component with circular cross-section, closed at each end, each end being either outwardly dished or flat and being also co-axial with the cylindrical component; or

(ii) of two co-axial outwardly dished ends;

(c) the maximum working pressure (PS) is not more than 30 bar, and PS . V (being the product of PS and the vessel’s capacity expressed in litres) is not more than 10,000 bar . litres;

(d) the minimum working temperature is not lower than minus 50° C, and the maximum working temperaure is not higher than–

• 300° C in the case of steel vessels; and

• 100° C in the case of aluminium or aluminium alloy vessels,

and in this paragraph–

(i) “maximum working pressure” means the maximum gauge pressure which may be exerted under normal conditions of use;

(ii) “minimum working temperature” means the lowest stabilised temperature in the wall of the vessel under normal conditions of use; and

(iii) “maximum working temperature” means the highest stabilised tempera ture in the wall of the vessel under normal conditions of use.

(2) The categories of vessels relevant for the purposes of these Regulations are–

• Category A – vessels whose PS . V is more than 50 bar . litres, this category being subdivided into–

  • Category A.1 – vessels whose PS . V is more than 3,000 bar . litres;

  • Category A.2 – vessels whose PS . V is more than 200 but not more than 3,000 bar . litres; and

  • Category A.3 – vessels whose PS . V is more than 50 but not more than 200 bar . litres;

• Category B – vessels whose PS . V is 50 bar . litres or less.

(3) In these Regulations–

“the Community” means the European F1 ... Community;

[F2 “the CE Marking Directive” means Council Directive 93/68/EEC;]

“the Commission” means the Commission of the European Communities;

[F3 “the Directive” means Council Directive 87/404/EEC on the harmonisation of the laws of the Member States relating to simple pressure vessels, as amended by—

(a)

Council Directive 90/488/EEC; and

(b)

Articles 2, 14.1 and 14.2 of the CE Marking Directive;]

F4 ...

“enforcement authority” has the meaning given by paragraph 9 of Schedule 5;

“manufacturer’s instructions” means instructions–

(a)

issued by or on behalf of the manufacturer; and

(b)

complying with the requirements of regulation 4(5) below;

F5 ...

“relevant assembly” means any assembly incorporating a vessel;

“safe” has the meaning given by regulation 4(4) below;

“safety clearance” shall be construed in accordance with regulation 4(2) below; and

“supply” is to be read in accordance with section 46 of the Consumer Protection Act 1987(1), and includes offering or agreeing to supply, and exposing or possessing for supply, and “supplied” and “supplier” have the corresponding meanings.

(4) There is series manufacture within the meaning of these Regulations if more than one vessel of the same type is manufactured during a given period by the same continuous manufacturing processes, in accordance with a common design.

[F6 (5) A reference in these Regulations to a relevant national standard is a reference to a national standard of a member State, being a standard which transposes a harmonized standard the reference number of which has been published in the Official Journal of the European Communities pursuant to Article 5.1 of the Directive.]

[F7 (6) In these Regulations, with respect to matters arising on or after 1st January 1994, a reference to the Community shall be read as a reference to the EEA, and a reference to a member State shall be read as a reference to an EEA State, and for the purposes of this paragraph—

(a) the “EEA” means the European Economic Area;

(b) an “EEA State” means a State which is a Contracting Party to the EEA Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and

(c) the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.]

[F8 (7) In these Regulations, a reference to “the CE marking” or “the CE conformity marking” is a reference to a marking consisting of the initials “CE” in the form shown in the specimen in Schedule 2 to these Regulations; and Schedule 2 shall have effect for making provision in relation to the affixing of the said marking and other matters incidental thereto.

(8) In these Regulations, a reference to the identification number of an approved body is a reference to the identification number assigned to that body by the Commission pursuant to Article 9.1 of the Directive.]

Textual Amendments

F1 Word in reg. 2(3) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 3(a)(i)

F2 Words in reg. 2(3) inserted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 3(a)(ii)

F3 Words in reg. 2(3) substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 3(a)(iii)

F4 Words in reg. 2(3) deleted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(b)(i) (with reg. 5)

F5 Words in reg. 2(3) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(a)(i)

F6 Reg. 2(5) substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(a)(ii)

F7 Reg. 2(6) added (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 3(b)

F8 Reg. 2(7)(8) added (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(b)(ii) (with reg. 5)

Commencement Information

I2 Reg. 2 in force at 31.12.1991, see reg. 1(2)

Application U.K.

3.— [F9 (1) Subject to paragraph (2) of this regulation, and regulation 6 below, these Regulations shall apply, and shall apply only, to vessels manufactured in series.]

(2) These Regulations do not apply to–

(a) vessels designed specifically for nuclear use, where vessel failure might or would result in an emission of radioactivity;

(b) vessels intended specifically for installation in, or for use as part of the propulsive system of, a ship or aircraft; or

(c) fire-extinguishers,

and in this paragraph, “ship” has the meaning given by section 742 of the Merchant Shipping Act 1894(2).

Textual Amendments

F9 Reg. 3(1) substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(b)

Commencement Information

I3 Reg. 3 in force at 31.12.1991, see reg. 1(2)

Safety requirements U.K.

4.—(1) A vessel in Category A complies with this Regulation if–

(a) it meets the essential safety requirements specified in Schedule 1;

(b) it has safety clearance;

(c) it bears the [F10 CE marking] accompanied by the other inscriptions specified in Schedule 2, such mark and such other inscriptions being F11 ... affixed in accordance with that Schedule [F12 , and it complies in all other respects with that Schedule];

(d) in the case of a vessel or relevant assembly supplied in the United Kingdom, it is accompanied by the manufacturer’s instructions;

(e) in the case where a person–

(i) being the manufacturer of a vessel, himself takes that vessel or a relevant assembly incorporating that vessel into service; or

(ii) having imported a vessel or relevant assembly into the United Kingdom, himself takes that vessel or a relevant assembly incorporating that vessel or the first mentioned relevant assembly into service,

• that person ensures that, at the time of taking into service, the manufacturer’s instructions are made available to all persons as are concerned with the vessel’s installation and operation; and

  (f)

  it is in fact safe.

(2) A vessel has safety clearance if an approved body has issued in respect of it an EC verification certificate or an EC certificate of conformity pursuant to the procedures described in regulations 9 to 13 below, and in these Regulations, “safety clearance” shall be construed accordingly.

(3) A vessel in Category B complies with this Regulation if–

(a) it is manufactured in accordance with engineering practice recognised as sound in a member State;

(b) it bears the inscriptions, other than the [F10 CE marking], specified in Schedule 2, such inscriptions being F13 ... affixed in accordance with that Schedule [F14 , and it complies in all other respects with that Schedule]; and

(c) it is in fact safe.

(4) “Safe”, in relation to a vessel, means that, when the vessel is properly installed and maintained and used for the purposes for which it is intended, there is no risk (apart from one reduced to a minimum) of its being the cause or occasion of death or injury to persons [F15 or domestic animals], or damage to property.

(5) For the purpose of compliance with these Regulations, the manufacturer’s instructions must provide for the following information–

(a) the manufacturer’s name or mark;

(b) vessel type, batch identification or other particulars identifying the vessel to which the instructions relate;

(c) particulars of maximum working pressure expressed in bar, maximum and minimum working temperatures expressed in ° C, and capacity of the vessel expressed in litres;

(d) the intended use of the vessel; and

(e) maintenance and installation requirements for vessel safety.

• [F16 The language of the instructions shall be (without prejudice to the instructions being also in any other language) as follows—

  (i)

  where the manufacturer believes (with reasonable cause) that the vessel is to be taken into service in a particular member State, in the official language or languages of that member State;

  (ii)

  where (i) does not apply but the manufacturer believes (with reasonable cause) that the vessel is destined for a particular member State, in the official language or languages of that member State;

  (iii)

  in any other case, in any official Community language.]

Textual Amendments

F10 Words in Regulations substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(a) (with reg. 5)

F11 Word in reg. 4(1)(c) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(c) (with reg. 5)

F12 Words in reg. 4(1)(c) added (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(c) (with reg. 5)

F13 Word in reg. 4(3)(b) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(c) (with reg. 5)

F14 Words in reg. 4(3)(b) added (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(c) (with reg. 5)

F15 Words in reg. 4(4) inserted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(c)

F16 Words in reg. 4(5) substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(d)

Commencement Information

I4 Reg. 4 in force at 31.12.1991, see reg. 1(2)

[F17 Obligations of manufacturers, suppliers and importers U.K.

5.— (1) Subject to the transitional and other exceptions in regulation 6 below, no person being—

(a) the manufacturer of a vessel;

(b) the manufacturer of a relevant assembly who imported the vessel incorporated therein from a country or territory outside the Community; or

(c) the person who imported a vessel (other than the person mentioned in sub-paragraph (b) above) or relevant assembly from such country or territory,

shall supply such vessel unless it complies with regulation 4 above or such relevant assembly as the case may be unless the vessel incorporated therein so complies.

(2) Subject to the same exceptions, no person shall, being the manufacturer of a vessel, himself take that vessel or a relevant assembly incorporating that vessel into service unless that vessel complies with regulation 4 above.

(3) Subject to the same exceptions, no person shall, having imported a vessel or a relevant assembly from a country or territory outside the Community, himself take that vessel or a relevant assembly incorporating that vessel, or the first mentioned relevant assembly into service unless that vessel or the vessel incorporated into the relevant assembly complies with regulation 4 above.

(4) Subject to the same exceptions, it shall be the duty of any person, not being a person mentioned in paragraph (1)(a) to (c) above, who supplies a vessel or relevant assembly to ensure that such vessel or relevant assembly as the case may be is safe.

(5) No markings which are likely to deceive any person as regards the meaning and form of the CE marking shall be affixed to a vessel.]

Textual Amendments

F17 Reg. 5 substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(d) (with reg. 5)

Transitional and other exceptions U.K.

6.—(1) These Regulations do not apply–

(a) in the case of a vessel first supplied or taken into service within the Community before 1st July 1992 which conforms with safety requirements having effect in the United Kingdom apart from these Regulations; or

(b) in the case of a relevant assembly either–

(i) first supplied or taken into service within the Community before 1st July 1992; or

(ii) first supplied or taken into service within the Community on or after 1st July 1992, where the vessel incorporated in it was first supplied or taken into service within the Community before that date,

where the vessel incorporated in it conforms with safety requirements having effect in the United Kingdom apart from these Regulations.

[F18 (2) These Regulations also do not apply in the case of a vessel or a relevant assembly if the supplier believes (with reasonable cause) that it will be taken into service in a country outside the Community.]

(3) These Regulations also do not apply–

(a) in the case of a vessel first supplied or taken into service within the Community before 1st July 1992 where–

(i) the supplier believes (with reasonable cause)

the vessel will not be taken into service in the United Kingdom; and

(ii) the vessel conforms with safety requirements having effect in a member State other than the United Kingdom in which the supplier believes (with reasonable cause) the vessel will be taken into service; or

(b) in the case of a relevant assembly–

(i) first supplied or taken into service within the Community before 1st July 1992; or

(ii) first supplied or taken into service within the Community on or after 1st July 1992, where the vessel incorporated in it was first supplied or taken into service within the Community before that date;

where–

(aa) the supplier believes (with reasonable cause) that the relevant assembly will not be taken into service in the United Kingdom; and

(bb) the vessel incorporated in the relevant assembly conforms with safety requirements having effect in a member State other than the United Kingdom in which the supplier believes (with reasonable cause) the relevant assembly will be taken into service.

(4) The exceptions provided above in this regulation do not apply in the case of a vessel or relevant assembly where the vessel, or the vessel incorporated in the relevant assembly, as the case may be, bears the [F10 CE marking] or any other inscription which is likely to be confused with the [F10 CE marking].

[F19 (5) These Regulations do not apply to any vessel or relevant assembly which has previously been taken into service in the Community.]

Textual Amendments

F10 Words in Regulations substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(a) (with reg. 5)

F18 Reg. 6(2) substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(e)(i)

F19 Reg. 6(5) added (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(e)(ii)

Commencement Information

I5 Reg. 6 in force at 31.12.1991, see reg. 1(2)

Approved bodies U.K.

7.—(1) In accordance with the Directive, approved bodies are charged by the member States with functions relating to the safety of vessels supplied or taken into service in the Community, and in particular that of providing safety clearance.

(2) The Secretary of State may from time to time designate such qualified persons as he thinks fit to be United Kingdom approved bodies for the purposes of these Regulations. Such a designation remains in force either for a period specified by the Secretary of State, or for an indeterminate period.

(3) A designation–

(a) may relate to all descriptions of vessels or such descriptions (which may be framed by reference to any circumstances whatsoever) of vessels as the Secretary of State may from time to time determine;

(b) may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following withdrawal of the designation;

(c) shall be withdrawn–

(i) if it appears to the Secretary of State that the approved body is no longer a qualified person; or

(ii) upon 90 days' notice in writing to the Secretary of State, at the request of the approved body; and

(d) may be withdrawn if it appears to the Secretary of State that any of the conditions is not complied with.

(4) If for any reason an approved body ceases to be designated under this regulation, the Secretary of State may authorise another United Kingdom approved body to take over its functions in respect of such cases as he may specify.

(5) In this regulation–

“minimum criteria” means the criteria listed in Annex III of the Directive (minimum criteria to be taken into account by member States when appointing inspection bodies); and

“qualified person” means a person, which may include the Secretary of State, who meets the minimum criteria.

Commencement Information

I6 Reg. 7 in force at 31.12.1991, see reg. 1(2)

Fees U.K.

8.—(1) Subject to paragraphs (2) and (3) below, a United Kingdom approved body may charge such fees in respect of–

(a) the provision of safety clearance;

(b) application of the [F10 CE marking] to a vessel covered by an EC verification certificate pursuant to regulation 14(1) below; and

(c) performing EC surveillance pursuant to regulation 17 below,

as it may determine; provided that such fees shall not exceed the sum of the following–

(i) the costs incurred or to be incurred by the approved body in performing the relevant function; and

(ii) an amount on account of profit which is reasonable in the circumstances having regard to–

(aa) the character and extent of the work done or to be done by the body on behalf of the applicant or manufacturer as the case may be; and

(bb) the commercial rate normally charged on account of profit for that work or similar work.

(2) The power in paragraph (1) above includes power–

(a) in sub-paragraphs (a) and (b), to require the payment of fees or a reasonable estimate thereof with the application; and

(b) in sub-paragraph (c), in a case where the fees remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, to suspend the EC certificate of conformity by 14 days notice in writing that, unless the fees are paid before the expiry of the notice, the certificate will be suspended until payment of the fees has been received.

(3) Nothing in this regulation shall apply where the United Kingdom approved body is a Government department, and in this paragraph, “Government department” has the meaning given by section 56(5) of the Finance Act 1973(3).

Textual Amendments

F10 Words in Regulations substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(a) (with reg. 5)

Commencement Information

I7 Reg. 8 in force at 31.12.1991, see reg. 1(2)

Safety clearance U.K.

9.—(1) This and the following four regulations specify the means whereby safety clearance is obtained.

(2) A person who, whether in the United Kingdom or elsewhere, proposes to manufacture vessels in Category A which are to be supplied or taken into service in the Community must, before commencing series manufacture, apply (either himself or through his authorised representative established in the Community) for and obtain for the vessels either–

(a) an EC certificate of adequacy; or

(b) an EC type-examination certificate.

(3) If the vessels are to be so manufactured as to conform with a relevant national standard, it is for the manufacturer or his authorised representative to choose whether to apply for a certificate of adequacy or a type-examination certificate. In any other case, a type-examination certificate is required.

(4) Following compliance with paragraph (2) above–

(a) in the case of vessels in Category A.1, following commencement of series manufacture there must be applied for and obtained an EC verification certificate; and

(b) in the case of vessels in Category A.2 or A.3, either–

(i) following commencement of series manufacture there must be applied for and obtained a verification certificate; or

(ii) before commencement of series manufacture there must be carried out the alternative procedure (described in regulation 13 below) by which a manufacturer obtains an EC certificate of conformity.

(5) Application for any of the certificates above-mentioned except the certificate of conformity is made in writing by the manufacturer or his authorised representative to one or other of the approved bodies.

(6) Application for a certificate of conformity is made in writing by the manufacturer to the approved body which issued the certificate of adequacy or the type-examination certificate, as the case may be.

(7) All applications to an approved body, and documents accompanying any application, are to be in the official language of the member State in which that body is established (in the United Kingdom, English), or in another language acceptable to it.

Commencement Information

I8 Reg. 9 in force at 31.12.1991, see reg. 1(2)

EC certificate of adequacy U.K.

10.—(1) Application for an EC certificate of adequacy must be accompanied by the design and manufacturing schedule conforming with Schedule 3.

(2) A United Kingdom approved body to which such application is made shall, if satisfied–

(a) that the schedule contains all the required information; and

(b) that vessels manufactured in accordance with the schedule would conform with a relevant national standard,

• issue a certificate of adequacy accordingly.

(3) If the United Kingdom approved body is not so satisfied and refuses to issue a certificate of adequacy, it shall make known in writing to the applicant the reasons for the refusal.

Commencement Information

I9 Reg. 10 in force at 31.12.1991, see reg. 1(2)

EC type-examination certificate U.K.

11.—(1) EC type-examination is the procedure whereby an approved body ascertains, and certifies by means of an EC type-examination certificate, that a prototype representative of the production envisaged satisfies the requirements of the Directive.

(2) Application for a type-examination certificate must–

(a) specify the name and address of the applicant;

(b) specify the proposed place of manufacture of the vessels to which the application relates; and

(c) be accompanied by the prototype and the design and manufacturing schedule conforming with Schedule 3.

• The prototype may be representative of a family of vessels. Schedule 4 describes what is to be regarded as a family for this purpose.

(3) A United Kingdom approved body to which such application is made shall satisfy itself that the design and manufacturing schedule contains all the required information.

(4) The United Kingdom approved body shall also–

(a) examine, and perform such tests as it considers appropriate on, the prototype; and

(b) if satisfied that the prototype is manufactured in conformity with the schedule, and (whether or not conforming with a relevant national standard) meets the essential safety requirements specified in Schedule 1, and is safe,

issue a type-examination certificate recording its conclusions arrived at under this paragraph.

(5) There shall be specified in the type-examination certificate any conditions subject to which it is to have effect; and it shall be accompanied by the descriptions and drawings necessary for the identification of the prototype.

(6) A United Kingdom approved body which has issued a type-examination certificate shall–

(a) if so requested, supply copies of the certificate to the Secretary of State, the Commission, any other approved body or any other member State;

(b) on receipt of a reasoned request from any of the above, supply copies of the relevant schedule and of its reports concerning the examination and tests carried out.

(7) If the United Kingdom approved body is not satisfied that the requirements of paragraphs (3) and (4)(b) above are met and refuses to issue a type-examination certificate, it shall make known in writing to the applicant and to the other approved bodies the reasons for the refusal.

[F20 (8) Where a United Kingdom approved body withdraws a type-examination certificate, it shall so inform the Secretary of State, giving its reasons, with a view to this information being passed by him to the Commission and the other member States.]

Textual Amendments

F20 Reg. 11(8) added (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(e) (with reg. 5)

Commencement Information

I10 Reg. 11 in force at 31.12.1991, see reg. 1(2)

[F21 EC verification U.K.

12.— (1) EC verification is the procedure whereby a manufacturer or his authorized representative established within the Community ensures and declares that the vessels which have been checked in accordance with paragraph (3) below are in conformity to the type described in the EC type-examination certificate or with the design and manufacturing schedule conforming with Schedule 3 of these Regulations having received a certificate of adequacy.

(2) The manufacturer shall take all the necessary measures for the manufacturing process to ensure that the vessels conform to the type described in the EC type-examination certificate or to the design and manufacturing schedule. The manufacturer or his authorized representative established within the Community shall affix the CE marking to each vessel and draw up a declaration of conformity.

(3) A United Kingdom approved body to which application is made for EC verification shall carry out the appropriate examinations and tests in order to check the conformity of the vessels with the requirements of the Directive by examination and testing of vessels in accordance with the following sub-paragraphs—

(a) the manufacturer shall present his vessels in the form of uniform batches and shall take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced;

(b) these batches shall be accompanied by the EC type-examination certificate, or, where the vessels are not manufactured in accordance with an approved prototype, by the design and manufacturing schedule; in the latter case the approved body shall, prior to EC verification, examine the schedule in order to certify its conformity;

(c) when a batch is examined, the approved body shall ensure that the vessels have been manufactured and checked in accordance with the design and manufacturing schedule and perform a hydrostatic test or a pneumatic test of equivalent effect on each vessel in the batch at a pressure Ph equal to 1.5 times the vessel’s design pressure in order to check its soundness, and the following provisions shall apply, where appropriate, to such testing—

(i) a pneumatic test shall be subject to acceptance of the test safety procedures by the member State in which the test is performed;

(ii) the approved body shall carry out tests on test-pieces taken from a representative production test-piece or from a vessel, as the manufacturer chooses, in order to examine the weld quality; such tests shall be carried out on longitudinal welds, unless differing weld techniques are used for longitudinal and circular welds, in which case, the tests shall be repeated on the circular welds;

(iii) for vessels designed in accordance with the experimental method described in paragraph 9 of Part 2 of Schedule 1 to these Regulations these tests on test-pieces shall be replaced by a hydrostatic test on five vessels taken at random from each batch in order to check that they conform to the requirements of the said paragraph 9.

(4) In the case of accepted batches—

(a) the approved body shall affix, or cause to be affixed, its identification number to each recipient and draw up a written certificate of conformity relating to the tests carried out: Provided that the manufacturer may, under the responsibility of the approved body, affix the latter’s identification number during the manufacturing process;

(b) all recipients in the batch may be placed on the market except for those which have not successfully undergone a hydrostatic test or a pneumatic test.

(5) If a batch is rejected by an approved body carrying out examination and testing in accordance with this regulation in the United Kingdom, the approved body shall take appropriate measures to prevent the putting on the market of that batch and, in the event of frequent rejection of batches, the approved body may suspend the statistical verification.]

Textual Amendments

F21 Reg. 12 substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(f) (with reg. 5)

EC certificate of conformity U.K.

13.—(1) In cases where the manufacturer of vessels in Category A.2 or A.3 elects not to apply for EC verification, he may instead by means of the following procedure obtain an EC certificate of conformity.

(2) Application for a certificate of conformity must, before commencement of series manufacture, be made to the approved body which issued the relevant EC certificate of adequacy or EC type-examination certificate (as the case may be) and be accompanied by a document in which are described–

(a) the processes by which the vessels are to be manufactured; and

(b) all the measures which are to be taken to ensure that the vessels when manufactured conform with a relevant national standard or (as the case may be) with the relevant prototype.

(3) The document must–

(a) specify the address of any place where the vessels (or relevant assemblies incorporating the vessels) are to be manufactured or stored by or on behalf of the manufacturer of the vessels, and the proposed date of commencement of manufacture;

(b) be accompanied by the design and manufacturing schedule conforming with Schedule 3 including so much as has become available of any information required to be comprised in that schedule;

(c) specify the tests which are to be carried out in the course of manufacture, and the procedures by which and the frequency with which they are to be performed; and

(d) include undertakings as follows–

(i) that those tests will be carried out as specified;

(ii) that there will be carried out on each vessel a hydrostatic test (or a pneumatic test of equivalent effect in accordance with safety procedures accepted in the country where it is carried out) at a pressure equal to 1.5 times the vessel’s design pressure (which is the gauge pressure chosen by the manufacturer and used to determine the thickness of the pressurised components); and

(iii) that all the tests referred to above will be carried out by or under the responsibility of appropriately qualified personnel (who must be suffici ently independent from production personnel), and will be the subject of written reports by those personnel.

(4) A United Kingdom approved body to which such application is made shall, if satisfied–

(a) that the document and the schedule contain all the required information; and

(b) that vessels manufactured in accordance with the document and schedule will conform with a relevant national standard or, if not, then with the essential safety requirements specified in Schedule 1,

issue a certificate of conformity accordingly, covering the vessels proposed to be manufactured.

(5) If the United Kingdom approved body is not so satisfied and refuses to issue a certificate of conformity, it shall make known in writing to the manufacturer the reasons for the refusal.

Commencement Information

I11 Reg. 13 in force at 31.12.1991, see reg. 1(2)

The [F10 CE marking] U.K.

14.—F22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23 (2) A manufacturer who has obtained an EC certificate of conformity may commence series manufacture and apply the CE marking to vessels which he declares to be in conformity—

(a) to the design and manufacturing schedule (submitted to the approved body pursuant to regulation 13(3)(b) above) on which a certificate of adequacy has been drawn up; or

(b) the relevant approved prototype.]

F24 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person who supplies or takes into service a vessel which does not bear the [F10 CE marking] shall, at the request of an enforcement authority, or of an officer of such an authority, give any information which he has, or which is available to him, concerning the date when the vessel was first supplied or taken into service in the Community, and explain (so far as he is able) how it comes about that the vessel does not bear that mark.

Textual Amendments

F10 Words in Regulations substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(a) (with reg. 5)

F22 Reg. 14(1) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(g)(i) (with reg. 5)

F23 Reg. 14(2) substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(g)(ii) (with reg. 5)

F24 Reg. 14(3) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(g)(i) (with reg. 5)

F25 Reg. 14(4) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(g)(i) (with reg. 5)

Commencement Information

I12 Reg. 14 in force at 31.12.1991, see reg. 1(2)

Retention of documentation U.K.

15.—(1) In the United Kingdom, a manufacturer of vessels must retain, for a period of at least 10 years from the date on which the last vessel in the series is manufactured–

(a) copies of all documentation submitted by him or by his authorised representa tive established in the Community to an approved body for the purpose of obtaining any of the EC certificates referred to above in these Regulations;

(b) any certificates issued by an approved body to him or his authorised representative under these Regulations or corresponding provisions having effect elsewhere in the Community;

(c) any documents accompanying any such certificate so issued;

(d) in a case where the manufacturer has complied with regulation 13(2) and (3) above, so much of any particular information required to be comprised in the design and manufacturing schedule as has become available only subsequent to compliance with those provisions;

(e) any EC declarations of conformity executed by him under regulation 14(2) above; and

(f) any reports made by qualified personnel pursuant to regulation 13(3)(d)(iii) above.

Commencement Information

I13 Reg. 15 in force at 31.12.1991, see reg. 1(2)

Special provisions applying to vessels in Category A.2 U.K.

16.—(1) In accordance with the Directive, a manufacturer of vessels in Category A.2 who has executed an EC declaration of conformity becomes thereby subject to EC surveillance in respect of vessels in that Category covered by that declaration.

(2) In the United Kingdom, a manufacturer to whom paragraph (1) above applies shall–

(a) authorise access at any reasonable time by or on behalf of the approved body which issued the EC certificate of conformity, to any place where vessels covered thereby (or relevant assemblies into which he has incorporated such vessels) are manufactured or stored by or on behalf of the manufacturer, for the purpose of inspecting the manufacturing processes and the vessels so covered;

(b) allow inspectors acting on the approved body’s behalf to select random samples of vessels covered by the certificate (or relevant assemblies incorporating such vessels) for inspection;

(c) if so required by the inspectors, provide the following–

(i) copies of any reports made by qualified personnel pursuant to regulation 13(3)(d)(iii) above;

(ii) in a case where the manufacturer has complied with regulation 13(2) and (3) above, so much of any particular information required to be comprised in the design and manufacturing schedule as has become available only subsequent to compliance with those provisions; and

(d) comply with any reasonable request made by the approved body or on its behalf for additional information regarding any aspect of manufacture or any matter particularly relating to safety of the vessels covered by the certificate.

Commencement Information

I14 Reg. 16 in force at 31.12.1991, see reg. 1(2)

Functions of approved bodies in course of EC surveillance U.K.

17.—(1) In accordance with the Directive, approved bodies are charged by the member States with the function, in relation to a manufacturer of vessels in Category A.2 who is subject to EC surveillance–

(a) of ascertaining whether undertakings with regard to tests to be carried out in the course of manufacture given by him pursuant to regulation 13(3)(d) above are actually carried out; and

(b) of taking random samples of vessels (or relevant assemblies) at any place where vessels covered by an EC certificate of conformity (or relevant assemblies incorporating such vessels) are manufactured or stored by or on behalf of the manufacturer for the purposes of inspection.

(2) A United Kingom approved body shall perform that function in relation to manufacturers in the United Kingdom or elsewhere, in cases where it has issued an EC certificate of conformity in respect of vessels in Category A.2.

(3) The United Kingdom approved body shall in respect of each such manufacturer from time to time compile written reports of the activities carried out by it in the course of surveillance and, if so requested, supply copies of any such report to the Secretary of State, the Commission, any other approved body or any other member State.

Commencement Information

I15 Reg. 17 in force at 31.12.1991, see reg. 1(2)

Report by United Kingdom approved body concerning contraventions U.K.

F26 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Reg. 18 omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(h) (with reg. 5)

[F27 Enforcement U.K.

19.— (1) Subject to paragraph (2) below, Schedule 5 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.

(2) Except in the case of a vessel which, in the opinion of an enforcement authority, is not safe, where an enforcement authority has reasonable grounds for suspecting that the CE marking has not been properly affixed to a vessel, it may give notice in writing to the manufacturer of that vessel or his authorised representative established in the Community, as the case may be, and, subject to paragraph (3) below, no action may be taken pursuant to Schedule 5 to these Regulations, and no proceedings may be brought pursuant to regulation 20(1) below, in respect of that vessel until such notice has been given and the person to whom it is given has failed to comply with its requirements.

(3) Notwithstanding paragraph (2) above, for the purposes of ascertaining whether or not the CE marking has been properly affixed, action may be taken pursuant to the following provisions as they are applied by Schedule 5—

(a) in Great Britain in relation to vessels for use at work, section 20 of the Health and Safety at Work etc. Act 1974;

(b) in Northern Ireland in relation to vessels for use at work, Article 22 of the Health and Safety at Work (Northern Ireland) Order 1978; and

(c) in relation to vessels as consumer goods, section 29 of the Consumer Protection Act 1987.

(4) Notice which is given under paragraph (2) above shall—

(a) state that the enforcement authority suspects that the CE marking has not been properly affixed to the vessel;

(b) specify the respect in which it is so suspected and give particulars thereof;

(c) require the person to whom the notice is given—

(i) to secure that any vessel to which the notice relates conforms as regards the provisions concerning the proper affixation of the CE marking within such period as may be specified in the notice; or

(ii) to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been properly affixed; and

(d) warn that person that if the non-conformity continues after (or if satisfactory evidence has not been provided within) the period specified in the notice, further action may be taken under the Regulations.

(5) For the purposes of this regulation, the CE marking is properly affixed to a vessel if—

(a) it is affixed by the manufacturer or his authorized representative pursuant to regulation 12(2) above or by the manufacturer pursuant to regulation 14(2) above; and

(b) that vessel complies with the requirements of regulation 4 above which apply to it.]

Textual Amendments

F27 Reg. 19 substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(i) (with reg. 5)

Offences U.K.

20.—(1) A person who contravenes regulation 5 above is guilty of an offence and liable on summary conviction to–

(a) imprisonment for a term not exceeding three months; or

(b) to a fine not exceeding–

(i) in Great Britain, level 5 on the standard scale; or

(ii) in Northern Ireland, £2,000,

or to both.

(2) A person who–

(a) contravenes any of the provisions of F28 ... regulation 15 above;

(b) fails or refuses to give information or explanation required by regulation 14(5) above; or

(c) fails to comply with a court order under regulation 21 below,

is guilty of an offence and liable on summary conviction to a fine not exceeding–

(i) in Great Britain, level 5 on the standard scale; or

(ii) in Northern Ireland, £2,000.

Textual Amendments

F28 Words in reg. 20(2)(a) omitted (1.1.1995) by virtue of The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 4(j) (with reg. 5)

Commencement Information

I16 Reg. 20 in force at 31.12.1991, see reg. 1(2)

Power of the court to require matter to be remedied U.K.

21.—(1) Where a person is convicted of an offence under regulation 20 above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.

(2) The time fixed by an order under paragraph (1) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.

(3) Where a person is ordered under paragraph (1) above to remedy any matters, that person shall not be guilty of an offence under regulation 20 above in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2) above.

Commencement Information

I17 Reg. 21 in force at 31.12.1991, see reg. 1(2)

Defence of due diligence U.K.

22.—(1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 20 above it shall be a defence for that personto show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due–

(a) to the act or default of another; or

(b) to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings, he has served a notice under paragraph (3) below on the person bringing the proceedings.

(3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

(4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular–

(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether he had any reason to disbelieve the information.

Commencement Information

I18 Reg. 22 in force at 31.12.1991, see reg. 1(2)

Liability of persons other than the principal offender U.K.

23.—(1) Where the commission by any person of an offence under regulation 20 above is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary of other similar officer of a body corporate is a reference to a partner.

Commencement Information

I19 Reg. 23 in force at 31.12.1991, see reg. 1(2)

Consequential amendment of United Kingdom law U.K.

24.—(1) Any requirement imposed by any of the enactments (relating in various respects to the safety of air receivers and pressure systems) specified in paragraph (2) of this regulation which has to be satisfied by or in respect of a vessel (including a vessel incorporated in a relevant assembly) if, in the United Kingdom, it (or the relevant assembly into which it is incorporated) is to be lawfully–

(a) supplied; or

[F29 (b) taken into service,]

in conformity with these Regulations, is, subject to paragraph (3) of this regulation, hereby disapplied, except in relation to a vessel (including a vessel incorporated in a relevant assembly) excepted from the operation of these Regulations by regulation 6(1) above.

(2) The enactments referred to in paragraph (1) of this regulation are–

(a) in the Factories Act 1961(4), subsections (1) to (3) of section 36;

(b) in the Pressure Systems and Transportable Gas Containers Regulations 1989(5) (made under the Health and Safety at Work etc. Act 1974(6)), paragraphs (1) to (4) of regulation 4 and paragraphs (1), (3) and (4) of regulation 5;

(c) in the Miscellaneous Mines (General) Regulations 1956(7) (having effect as if made under the Mines and Quarries Act 1954(8)), paragraphs (1) and (2) of regulation 59;

(d) in the Quarries (General) Regulations 1956(9) (having effect as if made under the Mines and Quarries Act 1954), paragraphs (1) and (2) of regulation 21;

(e) in the Factories Act (Northern Ireland) 1965(10), subsections (1) to (3) of section 37;

(f) in the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991(11) (made under the Health and Safety at Work (Northern Ireland) Order 1978(12)), paragraphs (1) to (4) of regulation 4 and paragraphs (1), (3) and (4) of regulation 5;

(g) in the Miscellaneous Mines (General) Regulations (Northern Ireland) 1970(13) (having effect as if made under the Mines Act (Northern Ireland) 1969(14)), paragraphs (1) and (2) of regulation 60; and

(h) in the Quarries (Safety, Health, Equipment and Explosives) Rules (Northern Ireland) 1962(15) (made under the Quarries Act (Northern Ireland) 1927)(16), regulations 42 and 43.

(3) Nothing in this regulation affects the application of the enactments specified in paragraph (2) above to relevant assemblies in so far as they comprise apparatus other than vessels subject to these Regulations.

Textual Amendments

F29 Reg. 24(1)(b) substituted (1.1.1995) by The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 (S.I. 1994/3098), regs. 1, 6(f)

Commencement Information

I20 Reg. 24 in force at 31.12.1991, see reg. 1(2)

Reay

Parliamentary Under Secretary of State for Industry & Technology,

Department of Trade and Industry