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 Economic Community;

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

“the Directive” means Council Directive 87/404/EEC on the harmonisation of the laws of the Member States relating to simple pressure vessels(1), as amended by Council Directive 90/488/EEC(2);

“EC mark” means the EC mark of conformity consisting of the symbol “CE” of which a form is shown for the purpose of illustration in Schedule 2;

“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;

“property” includes domestic animals;

“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(3), 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.

(5) Where these Regulations refer to a relevant national standard, the reference is to a standard of which a member State has, in compliance with Article 5.1 of the Directive, published the reference number.

Commencement Information

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

Application U.K.

3.—(1) Subject to paragraph (2) of this regulation, and regulation 6 below, these Regulations 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(4).

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 EC mark accompanied by the other inscriptions specified in Schedule 2, such mark and such other inscriptions being properly affixed in accordance 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 EC mark, specified in Schedule 2, such inscriptions being properly affixed in accordance 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, 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.

• The instructions must be in the official language of the member State where the vessel is to be first taken into service.

Commencement Information

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

Obligations of manufacturers, suppliers and importers U.K.

5.—(1) Subject to the transitional and other exceptions in regulation 6 below, no person shall in the United Kingdom supply a vessel unless it complies with regulation 4 above or a relevant assembly unless the vessel incorporated therein so complies.

(2) Subject to the same exceptions, no person shall in the United Kingdom, 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 arelevant assembly into the United Kingdom, himself take that vessel or a relevant assembly incorporating that vessel or the first mentioned relevant assembly into service in the United Kingdom, unless that vessel, or the vessel incorporated in the relevant assembly, as the case may be, complies with regulation 4 above.

Commencement Information

I5 Reg. 5 in force at 31.12.1991, see reg. 1(2)

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.

(2) These Regulations also do not apply in the case of a vessel or a relevant assembly supplied in the United Kingdom if the supplier believes (with reasonable cause) that it will not be taken into service either in the United Kingdom or in another member State.

(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 EC mark or any other inscription which is likely to be confused with the EC mark.

Commencement Information

I6 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

I7 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 EC mark 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(5).

Commencement Information

I8 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

I9 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

I10 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.

Commencement Information

I11 Reg. 11 in force at 31.12.1991, see reg. 1(2)

EC verification certificate U.K.

12.—(1) EC verification is the procedure whereby an approved body checks, and certifies by means of an EC verification certificate, that vessels conform with a relevant national standard or with the prototype by reference to which an EC type-examination certificate was issued.

(2) Verification is carried out on batches of vessels made available to the approved body by either the manufacturer or his authorised representative established in the Community. A “batch” for this purpose is up to 3,000 vessels of the same series.

(3) Application for a verification certificate must be accompanied by–

(a) a copy of the relevant EC certificate of adequacy or type-examination certificate, as the case may be; and

(b) the design and manufacturing schedule conforming with Schedule 3.

(4) A United Kingdom approved body to which such application is made shall satisfy itself–

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

(b) that the vessels in the batch have been manufactured and checked in accordance with the schedule.

(5) The United Kingdom approved body shall also perform the following tests–

(a) test of the vessel itself: a hydrostatic test, or a pneumatic test of equivalent effect, on each vessel, 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

(b) test of weld quality: tests on longitudinal welds and, where different welding techniques are used for longitudinal and circular welds, equivalent tests repeated on the latter.

• Pneumatic tests under sub-paragraph (a) must be in accordance with safety procedures accepted in the country where they are carried out. Tests of weld quality under subparagraph (b) must be carried out on pieces taken, at the manufacturer’s option, from a representative production test piece or a vessel in the batch submitted.

(6) The following applies in the case where a vessel’s wall-thickness is determined by the experimental method, that is to say so as to enable the vessel to resist at ambient temperature a pressure equal to at least 5 times the maximum working pressure (as defined in regulation 2(1) above), with a maximum permanent circumferential deformation factor of 1 per cent. In that case the tests referred to in paragraph (5)(b) of this regulation are to be replaced by a hydrostatic test on 5 vessels taken at random from each batch submitted, in order to check that the maximum is not exceeded.

(7) If satisfied that the vessels conform with a relevant national standard or (as the case may be) with the relevant prototype, the United Kingdom approved body shall issue a verification certificate.

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

Commencement Information

I12 Reg. 12 in force at 31.12.1991, see reg. 1(2)

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

I13 Reg. 13 in force at 31.12.1991, see reg. 1(2)

The EC mark U.K.

14.—(1) A United Kingdom approved body which has issued an EC verification certificate shall apply, or oversee the application of, the EC mark to every vessel covered by the certificate.

(2) A manufacturer who has obtained an EC certificate of conformity may commence series manufacture and apply the EC mark to any vessels covered by the certificate, where he executes an EC declaration of conformity that they conform with a relevant national standard, or, as the case may be, with the relevant prototype.

(3) No person shall in the United Kingdom–

(a) supply a vessel, or a relevant assembly;

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

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

where the vessel, or the vessel incorporated in the relevant assembly, as the case may be, contravenes paragraph (4) below.

(4) A vessel, or a vessel incorporated in a relevant assembly, contravenes this paragraph–

(a) in the case of a vessel in Category A, though not complying with regulation 4(1) above, it bears the EC mark or any other inscription liable to be confused with the EC mark; or

(b) in the case of a vessel in Category B, it bears the EC mark or any inscription liable to be confused with the EC mark.

(5) A person who supplies or takes into service a vessel which does not bear the EC mark 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.

Commencement Information

I14 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

I15 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

I16 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

I17 Reg. 17 in force at 31.12.1991, see reg. 1(2)

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

18.—(1) If it is established to the satisfaction of a United Kingdom approved body carrying out EC surveillance that the EC mark has been wrongly applied to a vessel because–

(a) it does not conform with the prototype by reference to which an EC typeexamination certificate was issued; or

(b) it conforms with the prototype, but the prototype does not meet the essential safety requirements specified in Schedule 1; or

(c) it does not conform with a relevant national standard by reference to which an EC certificate of adequacy was issued; or

(d) it is not in fact safe,

• the body shall make a report of the circumstances to the Secretary of State.

(2) The same applies if the manufacturer has failed to carry out undertakings given pursuant to regulation 13(3)(d) above, or has failed to comply with any of the requirements of regulation 16(2) above or to provide corresponding facilities elsewhere than in the United Kingdom.

(3) In the circumstances mentioned above in this regulation, the United Kingdom approved body shall, if it considers such action appropriate, withdraw the relevant certificate of adequacy, type-examination certificate or EC certificate of conformity.

(4) Where a United Kingdom approved body withdraws a type-examination certifi cate, 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.

Commencement Information

I18 Reg. 18 in force at 31.12.1991, see reg. 1(2)

Enforcement U.K.

19.  Schedule 5 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.

Commencement Information

I19 Reg. 19 in force at 31.12.1991, see reg. 1(2)

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 regulation 14(3) or 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.

Commencement Information

I20 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

I21 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

I22 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

I23 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

(b) in the circumstances referred to in regulation 5(2) or (3) above, 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 arelevant 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(6), subsections (1) to (3) of section 36;

(b) in the Pressure Systems and Transportable Gas Containers Regulations 1989(7) (made under the Health and Safety at Work etc. Act 1974(8)), paragraphs (1) to (4) of regulation 4 and paragraphs (1), (3) and (4) of regulation 5;

(c) in the Miscellaneous Mines (General) Regulations 1956(9) (having effect as if made under the Mines and Quarries Act 1954(10)), paragraphs (1) and (2) of regulation 59;

(d) in the Quarries (General) Regulations 1956(11) (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(12), subsections (1) to (3) of section 37;

(f) in the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991(13) (made under the Health and Safety at Work (Northern Ireland) Order 1978(14)), 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(15) (having effect as if made under the Mines Act (Northern Ireland) 1969(16)), paragraphs (1) and (2) of regulation 60; and

(h) in the Quarries (Safety, Health, Equipment and Explosives) Rules (Northern Ireland) 1962(17) (made under the Quarries Act (Northern Ireland) 1927)(18), 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.

Commencement Information

I24 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