The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996

Approved persons

15.—(1) In these Regulations, an approved person means—

(a) a person approved by the Executive for the performance of particular functions under this Part, which functions shall be specified by the Executive in the certificate of approval; or

(b) a person approved by a competent authority other than the Executive, for the performance of particular functions in relation to transportable pressure receptacles under the ADR,

and any reference in these Regulations to an approved person in connection with a particular function is a reference to a person approved for the performance of that function.

(2) Any approval under paragraph (1)(a) shall be by a certificate in writing, may be made subject to conditions and may be revoked by a certificate in writing at any time.

(3) Following an approval under paragraph (1)(a), the Executive shall carry out, upon reasonable notice, a surveillance inspection of the approved person at such intervals as the Executive considers appropriate and for that purpose the approved person shall, at his own cost, afford any facilities and assistance and make available any information which may reasonably be required by the Executive.

(4) In this regulation a “surveillance inspection” means an inspection of such premises, equipment and documents and the making of such enquiries as the Executive considers appropriate for the purpose of verifying compliance by an approved person with any conditions specified in the certificate of approval by the Executive.

(5) Schedule 4 shall have effect with respect to fees for approvals under paragraph (1)(a) and surveillance inspections under paragraph (3) but no approved person shall be charged for more than one such inspection in any 12 month period.

(6) Every person approved under paragraph (1)(a), in carrying out any functions under these Regulations, shall carry out such functions properly, with due regard to any criteria specified in the Approved Requirements and shall not carry out any function of an approved person other than the functions for which that person is approved.

(7) No person other than a competent authority, an approved person or a person authorised by such authority or person shall affix to a transportable pressure receptacle the mark referred to in regulation 14 and no person shall affix to such a receptacle a mark liable to be confused with the said mark.