The Cableway Installations Regulations 2004

PART I Preliminary

Citation and commencement

1.  These Regulations may be cited as the Cableway Installations Regulations 2004 and shall come into force on 3rd May 2004.

Interpretation etc.

2.—(1) In these Regulations the “Cableway Installations Directive” means Directive 2000/9/EC(1) of the European Parliament and Council relating to cableway installations designed to carry persons and any reference in the Schedules to “the Directive” and “this Directive” shall be construed accordingly.

(2) Except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a Member State includes a reference to an EEA State.

(3) For the purposes of paragraph (2)—

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

(b) an “EEA State” means a State which is a Contracting Party to the EEA Agreement; 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(2).

(4) In these Regulations—

(a) Annexes I to IX of the Cableway Installations Directive are respectively set out in Schedules 1 to 9 hereto;

(b) a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations;

(c) a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference occurs; and

(d) a reference to an Article is a reference to the Article so numbered in the Cableway Installations Directive and a reference to a paragraph of an Article shall be construed accordingly.

(5) In these Regulations [unless the context otherwise requires]—

“the 1974 Act” means the Health and Safety at Work etc Act 1974(3);

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978(4);

“authorised cableway installation” means a cableway installation which has been given a stage 2 authorisation by the Secretary of State under regulation 13(3);

“cableway installation” means an installation made up of several components that—

(a)

is used or intended to be used for the purpose of providing an operational system for carrying persons in vehicles, on chairs or by towing devices;

(b)

uses cables positioned along the line of travel to provide suspension or traction or both; and

(c)

is one of the following—

(i)

cable car (including a gondola and chair lift) where the cabins or chairs are lifted or displaced by one or more carrier cables;

(ii)

drag lift, where users with appropriate equipment are dragged by means of a cable; or

(iii)

funicular railway or other installation with vehicles mounted on wheels or on other suspension devices where traction is provided by one or more cables;

“CE conformity marking” means a marking consisting of the initials “CE” in the form shown in Schedule 9 and reference in the Schedules to “CE marking” should be construed to a reference to “CE conformity marking”;

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

“conformity assessment procedure” means a process for assessing the conformity of safety components and subsystems with the provisions of these Regulations, undertaken—

(a)

in relation to a safety component, in accordance with regulation 9(1), and

(b)

in relation to a subsystem, in accordance with regulation 9(2);

“declaration of conformity” means—

(a)

in relation to a safety component, a declaration which contains the information set out in Schedule 4; and

(b)

in relation to a subsystem, a declaration which contains the information set out in Schedule 6,

and reference in Schedule 5 to a “certificate of conformity” should be construed as a reference to a “declaration of conformity”;

“EC examination certificate” means a certificate drawn up in accordance with Schedule 7 in relation to a subsystem, and reference in Schedule 7 to “the examination certificate” and reference in Schedule 6 to the “EC conformity certificate” should be construed as a reference to an “EC examination certificate”;

“EC type-examination certificate” means a certificate drawn up in accordance with Module B in Schedule 5 in relation to a safety component, and references in Schedules 4 and 5 to “EC type certificate” and “EC examination certificate” should be construed as references to an “EC type-examination certificate”;

“essential requirements” means such of the essential requirements set out in Schedule 2 as are relevant to a cableway installation, safety component or subsystem, (as the case may be);

“European specifications referred to in Article 2(2) of this Directive” means a common technical specification, a European technical approval or a national standard transposing a harmonised European standard;

“the Executive” means—

(a)

in Great Britain, the Health and Safety Executive(5); and

(b)

in Northern Ireland, the Health and Safety Executive for Northern Ireland(6);

“harmonised European standard” means a technical specification (a European standard or harmonisation document), adopted on a mandate from the European Commission, by the European Committee for Electrotechnical Standardisation, or European Committee for Standardisation or by both of those bodies, in accordance with Directive 98/34/EC of 22nd June 1998 of the European Parliament and of the Council(7) laying down a procedure for the provision of information in the field of technical standards and regulations, and of which the reference number is published in the Official Journal of the European Communities;

“identification number” in relation to a notified body means the reference number allocated by the Commission for that notified body, and references in Schedule 5 to “identification symbol” should be construed as a reference to the identification number;

“infrastructure” means layout, system data, station structures and structures along the line needed for the construction and operation of the installation (including the foundations) that are designed specially for each installation and constructed on site;

“innovative approach” means an approach to the design or construction of a subsystem or safety component which does not involve the use of a standard or a specification that has been approved by a recognised standardising body;

“installation” means the whole on-site system consisting of infrastructure and subsystems;

“log book” means a book containing the documentation and information required by regulation 6(1);

“main contractor” means the person who:

(a)

commissions the construction or modification of a cableway installation; or

(b)

constructs or modifies a cableway installation for putting into service by him;

“modification” means any work in relation to a cableway installation (including any work in relation to the characteristics, subsystems or safety components of such installation) which could materially affect the capability, capacity or safety of the cableway installation, and cognate expressions shall be construed accordingly;

“notified body” shall have the meaning set out in regulation 14;

“operator” in relation to a cableway installation means the person who, for the time being has, or is intending to have the management of that installation;

“Official Journal” means the Official Journal of the European Communities;

“placing on the market” in relation to a safety component or subsystem shall occur when a person first makes that safety component or subsystem available on the community market with a view to its distribution or use in the Community; and cognate expressions shall be construed accordingly; and references in the Schedules to “put on the market” or cognate expressions, shall be construed as references to placing on the market;

“putting into service” means in respect of a cableway installation that has been constructed or modified under these Regulations, first use of that installation for the carriage of passengers and cognate expressions shall be construed accordingly;

“recognised standardising body” means a body listed in Annex I and Annex II of Directive 98/34/EC(8);

“responsible person” in relation to a subsystem or safety component means the manufacturer of the subsystem or safety component or his authorised representative established in the Community;

“safe” in relation to a cableway installation, subsystem and safety component means that the cableway installation, or in the case of a safety component or subsystem, the cableway installation into which it is to be installed, when properly installed and maintained and used for its intended purpose is not liable to endanger the health or safety of persons or, where appropriate, the safety of property, and cognate expressions shall be construed accordingly;

“safety analysis” means an analysis of factors relating to the safety of a cableway installation, which—

(a)

complies with the requirements set out in Schedule 3; and

(b)

covers all safety aspects of that installation and its surroundings taking into account the design, construction or modification and putting into service, and identifying risks to safety that could occur during operation of that installation;

“safety component” means any component, set of components, sub-assembly or complete assembly of equipment and any device incorporated in a cableway installation—

(a)

for the purpose of ensuring a safety function; and

(b)

which has been identified as a safety component in the safety analysis,

the failure of which would endanger the health or safety of any person;

“safety report” means a report summarising the safety analysis and setting out the measures to be taken to deal with any risks to safety associated with the design, construction, modification, putting into service and operation of the cableway installation, and a list of the safety components and subsystems which are comprised in that installation;

“special conditions” means conditions imposed by the Executive pursuant to regulations 17(8) or 18(8);

“stage 1 authorisation” means the authorisation of work for the construction or modification of a cableway installation by the Secretary of State pursuant to regulation 13(1);

“stage 2 authorisation” means the authorisation of putting into service of a cableway installation by the Secretary of State pursuant to regulation 13(3);

“standard” means a technical specification approved by a recognised standardising body for repeated or continuous application, with which compliance is not compulsory;

“subsystem” means the subsystems of a cableway installation set out in Schedule 1;

“technical documentation” in relation to the EC type-examination of a safety component means the documentation described in paragraph 3 of Schedule 5;

“technical documentation” in relation to the EC examination of a subsystem means the documentation described in paragraph 3 of Schedule 7;

“technical file” means a file relating to a cableway installation which contains the matters required by regulation 4(3)(c);

“transposed European standard” means a national standard of a Member State which transposes a harmonised European standard; and

“writing” apart from its usual meaning includes any text transmitted using electronic communications that is received, or accessible by the person to whom it is sent.

(6) For the purposes of satisfying the essential requirements, where a national standard transposing a harmonised European standard covers one or more of the relevant essential requirements, any cableway installation, its infrastructure, the subsystems and the safety components of any cableway installations; constructed or operated in accordance with that transposed European standard shall be presumed to comply with that or, as the case may be, those essential requirements.

Application of the Regulations

3.—(1) Subject to paragraphs (2) and (3) these Regulations apply in relation to—

(a) any cableway installation—

(i) put into service, or

(ii) modified,

after the date of the coming into force of these Regulations; and

(b) any subsystem or safety component placed on the market after the date of the coming into force of these Regulations.

(2) These Regulations do not apply to—

(a) lifts, within the meaning of the Lifts Regulations 1997(9);

(b) cableway installations used wholly or mainly for agricultural purposes;

(c) cableway installations (on-site or mobile) in fairgrounds or amusement parks which are designed for leisure purposes and not as a means for transporting persons;

(d) mining installations or on-site cableway installations used wholly or mainly for industrial purposes;

(e) cable operated ferries;

(f) rack railways;

(g) cableway installations that are chain driven;

(h) cable-operated tramways of a traditional construction;

(i) subsystems and safety components for the installations referred to in sub-paragraphs (a) to (h) above.

(3) Subject to paragraph (4), these Regulations do not apply to a cableway installation constructed or put into service, or both, or a safety component or subsystem placed on the market in the United Kingdom before 3rd May 2004 which complies with all the provisions by or under any enactment with which it was required to comply on 3rd May 2000 before it could be put into service, or placed on the market.

(4) The exclusion provided for in paragraph (3) does not apply in the case of a cableway installation or safety component which—

(a) unless required to bear the CE conformity marking pursuant to any other Community obligation, bears the CE conformity marking or an inscription liable to be confused with the CE conformity marking; or

(b) bears or is accompanied by any other indication, howsoever expressed, that it complies with the Cableways Directive.

(1)

O.J. L 106, 3.5.2000, p. 21.

(2)

Cmnd. 2972 and 2183. The application of the Cableways Directive was extended to the EEA from 29th September 2001 by virtue of Decision No. 115/2001 of the EEA Joint Committee (O.J. No. L 322, 6.12.2001, p. 27) which inserted a reference to the Cableways Directive after point 1a in Chapter XXIV of Annex II to the EEA Agreement.

(3)

1974 c. 37.

(4)

S.I. 1978/1039 (N.I. 9).

(5)

Established under section 10 of the 1974 Act.

(6)

Formerly known as the Health and Safety Agency for Northern Ireland which was established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)). Article 3(1) of the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/2795 (N.I. 18)) changed its name to the Health and Safety Executive for Northern Ireland.

(7)

O.J. L 204, 21.7.1998, p. 37 as amended by Directive 98/48/EC (O.J. L 217, 5.8.1998, p. 18).

(8)

O.J. No. L204, 21.07.1998, p. 37.

(9)

S.I. 1997/831.