The Simple Pressure Vessels (Safety) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 87/404/EEC on the harmonisation of the laws of the Member States relating to simple pressure vessels as amended by Council Directive 90/488/EEC.

Regulation 2(1) defines simple pressure vessels, in the Regulations referred to as “vessels”. Regulation 3 provides for the application of the Regulations. Paragraph (1) provides that the Regulations only apply to simple pressure vessels manufactured in series. Paragraph (2) provides that vessels for nuclear use or for use in the propulsive system of a ship or aircraft, and fire extinguishers, are excluded.

Regulation 4 sets out, in conjuction with Schedules 1 and 2, the safety requirements which vessels must satisfy. Regulation 5 imposes a duty not to supply a vessel to which the Regulations apply (or an assembly incorporating such a vessel) unless it complies with regulation 4, and duties on a manufacturer of such a vessel or an importer of such a vessel or assembly not to take it (or an assembly incorporating the vessel manufactured or imported) into service unless the vessel complies with regulation 4. Regulation 20(1) provides that it is an offence to contravene regulation 5, punishable on summary conviction with imprisonment for a term not exceeding three months or a fine (not exceeding level 5 on the standard scale – £2,000 on the date of making these Regulations – in Great Britain, or £2,000 in Northern Ireland) or both.

Regulation 6 sets out exceptions to regulation 5. The Regulations do not apply to a vessel first supplied or taken into service in the European Community before 1 July 1992 where either it is supplied or taken into service in the United Kingdom and complies with existing United Kingdom safety requirements, or it is supplied in the United Kingdom for taking into service in another member State and complies with that State’s existing safety requirements. The Regulations do not apply where the vessel is for export to a country outside the Community.

Regulations 7 to 13 and Schedule 3 and 4 make provision for the appointment ofapproved bodies (regulation 7), the functions of such bodies as regards the provision of safety clearance for vessels (regulations 9 to 13 and Schedules 3 and 4) and the fees chargeable by such bodies in respect of such functions (regulation 8). Regulations 16 to 18 make provision with respect to EC surveillance in relation to certain vessels.

Regulation 14 (in conjunction with Schedule 2) makes provision with respect to the application of the EC mark to vessels. Regulation 15 provides for duties upon manufacturers to retain certain documentation.

Regulation 20(2) creates certain offences relating to misuse of the EC mark and failure either to retain documentation or give information as required by the Regulations or to comply with a court order under regulation 21, for which the penalty is a fine not exceeding level 5 of the standard scale in Great Britain or £2,000 in Northern Ireland. Regulations 19 (in conjuction with Schedule 5), 22 and 23 make provision for the enforcement of these Regulations and with respect to offences thereunder. Regulation 24 disapplies certain legislation in cases where these Regulations apply.