The Simple Pressure Vessels (Safety) Regulations 2016

PART 6 Miscellaneous

Review

75.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning on the date these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Transitional provision

76.—(1) A certificate issued by a United Kingdom approved body under regulations 10 (EC certificate of adequacy), 11 (EC type-examination certificate), 12(7) (EC verification) and 13 (EC certificate of conformity) of the 1991 Regulations, or under the corresponding provisions of another Member State’s enactment implementing the 2009 Directive, is valid under these Regulations.

(2) In this regulation, “2009 Directive” means Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels(1).

Revocations and savings

77.—(1) Subject to paragraph (2), the 1991 Regulations and the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994(2) are revoked.

(2) The Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to a vessel placed on the market before the commencement date.

(3) Accordingly, despite its repeal by regulation 78(7)(a), the entry in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 relating to the 1991 Regulations is to continue to have effect in relation to a vessel placed on the market before the commencement date.

Consequential Amendments

78.—(1) In Schedule 1 to the Provision and Use of Work Equipment Regulations 1998(3) omit the entry “The Simple Pressure Vessels (Safety) Regulations 1991” and in the appropriate place insert “The Simple Pressure Vessels (Safety) Regulations 2016”.

(2) In Schedule 2 to the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999(4) omit the entry “The Simple Pressure Vessels (Safety) Regulations 1999” and in the appropriate place insert “The Simple Pressure Vessels (Safety) Regulations 2016”.

(3) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003(5) is amended as follows—

(a) in Schedule 3, omit the entry “Paragraph 3 of Schedule 5 to the Simple Pressure Vessels (Safety) Regulations 1991”, and after the last entry insert “Regulation 55 of the Simple Pressure Vessels (Safety) Regulations 2016 (in so far as information comes to a public authority enforcing those regulations in respect of vessels for private use or consumption)”;

(b) in Schedule 4 omit the entry “paragraph 3 of Schedule 5 to the Simple Pressure Vessels (Safety) Regulations 1991”, and after the last entry insert “Regulation 55 of the Simple Pressure Vessels (Safety) Regulations 2016 (in so far as information is disclosed to a public authority enforcing those regulations in respect of vessels for private use or consumption)”; and

(c) in Schedule 5, omit the entry in respect of the Simple Pressure Vessels (Safety) Regulations 1991.

(4) The Legislative and Regulatory Reform (Regulatory Functions) Order 2007(6) is amended as follows—

(a) in Part 3 of the Schedule, under the heading “Public health and safety”, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “Simple Pressure Vessels (Safety) Regulations 2016”; and

(b) in Part 13 of the Schedule, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “Simple Pressure Vessels (Safety Regulations 2016”.

(5) The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009(7) is amended as follows—

(a) in Part 4 of Schedule 1, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “Simple Pressure Vessels (Safety) Regulations 2016”; and

(b) in Part 2 of Schedule 2, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “Simple Pressure Vessels (Safety) Regulations 2016”.

(6) In the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014(8), omit paragraph 52 of Schedule 3.

(7) Subject to paragraph (3) of regulation 77, paragraph 10 of Schedule 5 to the Consumer Rights Act 2015(9) is amended as follows–

(a) omit the entry “paragraph 3(a) of Schedule 5 to the Simple Pressure Vessels (Safety) Regulations 1991 (SI 1991/2749);”; and

(b) at the appropriate place insert—

“regulation 55(1) or (2) of the Simple Pressure Vessels (Safety) Regulations 2016 (SI 2016/1092);”.

(1)

OJ No L 264, 08.10.2009, p 12.

(2)

S.I. 1994/3098.

(3)

S.I. 1998/2306.

(4)

S.R. 1999/304.

(5)

S.I. 2003/1400, to which there are amendments not relevant to these Regulations.

(6)

S.I. 2007/3544 amended by S.I. 2009/2981 and S.I. 2011/1043; there are other amendments not relevant to these Regulations.

(7)

S.I. 2009/669, to which there are amendments not relevant to these Regulations.

(8)

S.I. 2014/469.

(9)

2015 c.15.