The Simple Pressure Vessels (Safety) Regulations 2016

1Citation and commencement

2Interpretation

PART 2Obligations of economic operators

4Design and manufacture in accordance with essential safety requirements and sound engineering practice

5Technical documentation and conformity assessment for category A vessels

6EU declaration of conformity, CE marking and inscriptions for category A vessels

7Inscriptions for category B vessels

8Retention by manufacturer of technical documentation and EU declaration of conformity

9Compliance procedures for series production

10Monitoring of vessels made available on the market

11Labelling of vessels

12Provision of instructions and safety information

13Duty of manufacturer to take action in respect of vessels placed on the market which are considered not to be in conformity

14Provision of information and cooperation

15Appointment by manufacturer of authorised representative

16Obligations of authorised representative

17Prohibition on placing on the market vessels which are not in conformity

18Requirements which must be satisfied before an importer places a category A vessel on the market

19Prohibition on an importer placing on the market a category A vessel considered not to be in conformity with the essential safety requirements

20Requirements which must be satisfied before an importer places a category B vessel on the market

21Information identifying importer

22Instructions and safety information

23Transport and storage conditions

24Monitoring by importer of vessels made available on the market

25Duty of importer to take action in respect of vessels placed on the market which are considered not to be in conformity

26Retention by importer of technical documentation and EU declaration of conformity

27Provision of information and cooperation

28Duty to act with due care

29Requirements which must be satisfied before a distributor makes available on the market a category A vessel

30Prohibition on a distributor making available on the market a category A vessel not considered to be in conformity with essential safety requirements

31Requirements which must be satisfied before a distributor makes a category B vessel available on the market

32Storage and transport conditions

33Duty for distributor to take action in respect of vessels made available on the market which are not in conformity

34Provision of information and cooperation

All economic operators

35Cases in which obligations of manufacturers apply to importers and distributors

36Translation of EU declaration of conformity

37Identification of economic operators

38Prohibition on improper use of CE marking

PART 3Conformity of Category A Vessels

39Presumption of conformity of category A vessels

40Conformity assessment procedures prior to manufacture

41Conformity assessment procedures prior to placing a vessel on the market

42Records and correspondence language requirements

43EU declaration of conformity

44Identification number

PART 4Notification of Conformity Assessment Bodies

45Notified bodies

47Presumption of conformity of notified bodies

48Contents of notification

50United Kingdom Accreditation Service

51Changes to notifications

52Operational matters in relation to notified bodies

53Subsidiaries and contractors

PART 5Market surveillance and enforcement

54Designation of market surveillance authority

56Enforcement Powers

57Exercise of enforcement powers

58Evaluation of vessels presenting a risk

59Enforcement action in respect of vessels which are not in conformity

60EU safeguard procedure

61Enforcement action in respect of vessels which are in conformity, but which present a risk

62Enforcement action in respect of formal non-compliance

63Restrictive measures

66Defence of due diligence

67Liability of persons other than principal offender

68Time limit for prosecution of offences

69Service of documents

70Recovery of expenses of enforcement

71Action by enforcing authority

72Appeals against notices

73Appropriate court for appeals against notices

PART 6Miscellaneous

76Transitional provision

77Revocations and savings

78Consequential Amendments

SCHEDULE 1Essential Safety Requirements

PART 1Materials

1Materials used in the manufacture of a vessel must be...

2Pressurised parts

3For steel vessels, the material must in addition meet the...

4The materials must be accompanied by an inspection slip as...

6Aluminium vessels

7Welding materials

8Accessories contributing to the strength of the vessel

9Non-pressurised parts

PART 2Vessel Design

11(1) A manufacturer must, when designing a vessel, define the...

12A manufacturer must also take account of the following provisions—...

13A manufacturer must take account of the fact that under...

14Circumferential and longitudinal seams must be made using full penetration...

15Wall thickness

16Calculation method

17Experimental method

PART 3Manufacturing processes

18Vessels must be constructed and subjected to production checks in...

19Preparation of the component parts

20Welds on pressurised parts

21(1) Welds must be performed by qualified welders or operators...

22The manufacturer must also, during manufacture, ensure consistent weld quality...

23Putting into service of the vessels

SCHEDULE 2Conformity Assessment Procedures

PART 1EU-Type Examination (Module B)

1EU-type examination (Module B) is a conformity assessment procedure in...

2(1) A manufacturer must lodge an application for EU-type examination...

3(1) The technical documentation referred to in paragraph 2(2)(c) must—...

4(1) The notified body must examine the technical documentation and...

5The notified body must draw up an evaluation report that...

6(1) Where the type meets the requirements of these Regulations,...

7(1) A notified body must keep itself appraised of any...

8(1) Each notified body must inform the Secretary of State...

9A manufacturer must keep a copy of the EU-type examination...

PART 2Conformity to type based on internal production control plus supervised vessel testing (Module C1)

10Conformity to type based on internal production control plus supervised...

11Manufacturing

12Vessel checks

13CE marking and EU declaration of conformity

PART 3Conformity to type based on internal production control plus supervised vessel checks at random intervals (Module C2)

14Conformity to type based on internal production control plus supervised...

15Manufacturing

16Vessel checks

17CE marking and EU declaration of conformity

PART 4Conformity to type based on internal production control (Module C)

18Conformity to type based on internal production control is a...

19Manufacturing

20CE marking and EU declaration of conformity

PART 5Interpretation

21In this Schedule— (a) “design pressure” means the gauge pressure...

SCHEDULE 3EU Declaration of Conformity

1EU declaration of conformity (No xxxx)

2Name and address of the manufacturer and, where applicable, his...

3This declaration of conformity is issued under the sole responsibility...

4Object of the declaration (identification of the vessel allowing traceability;...

5The object of the declaration described above is in conformity...

6References to the relevant harmonised standards used or references to...

7The notified body (name, number) performed (description of intervention) and issued the...

8Additional information: Signed for and on behalf of: (place and...

SCHEDULE 4Notified bodies

PART 1Notified Body Requirements

1A conformity assessment body must be established in the United...

2A conformity assessment body must be a third party body...

3(1) A conformity assessment body, its top level management and...

4A conformity assessment body, its top level management and the...

5A conformity assessment body must ensure that the activities of...

6A conformity assessment body and its personnel must carry out...

7A conformity assessment body must be capable of carrying out...

8A conformity assessment body must have at its disposal:

9A conformity assessment body must have the means necessary to...

10The personnel responsible for carrying out conformity assessment must have—...

11A conformity assessment body must be able to demonstrate the...

12The remuneration of the top level management and the personnel...

13A conformity assessment body must have, and must satisfy the...

14A conformity assessment body must ensure that its personnel observe...

15Paragraph 14 does not prevent the personnel from providing the...

16A conformity assessment body must participate in, or ensure that...

PART 2Operational obligations of notified bodies

17A notified body must carry out conformity assessments in accordance...

18A notified body must carry out conformity assessments in a...

19A notified body must perform its activities taking due account...

20A notified body must respect the degree of rigour and...

21Where a notified body finds that essential safety requirements or...

22Where, in the course of the monitoring of conformity following...

23Where the notified body has required a manufacturer to take...

24Paragraph 25 applies where a notified body is minded to—...

25Where this paragraph applies, the notified body must—

26A notified body must inform the Secretary of State of—...

27A notified body must make provision in its contracts with...

28A notified body must provide other bodies notified under these...

29A notified body must participate in the work of any...

SCHEDULE 5Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act

1Enforcement powers under the 1987 Act

2Modifications to the 1987 Act

SCHEDULE 6Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act

1Enforcement powers under the 1974 Act

2Modifications to the 1974 Act

SCHEDULE 7Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order

1Enforcement powers under the 1978 Order

2Modifications to the 1978 Order

SCHEDULE 8Compliance, withdrawal and enforcement notices

1Compliance notice

2Withdrawal notice

4Interpretation

2016 No. 1092

Health And Safety

Consumer Protection

The Simple Pressure Vessels (Safety) Regulations 2016

Made15th November 2016

Laid before Parliament16th November 2016

Coming into force8th December 2016

The Secretary of State is a Minister designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to measures relating to safety as regards simple pressure vessels.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A F3 of Schedule 2 to, that Act.