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The Simple Pressure Vessels (Safety) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1092
- PART 5
- Regulation 60
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Changes to legislation:
There are currently no known outstanding effects for the The Simple Pressure Vessels (Safety) Regulations 2016, Section 60.
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EU safeguard procedureE+W+S
This section has no associated Explanatory Memorandum
F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Reg. 60 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 21 para. 33 (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
EU safeguard procedureN.I.
60.—(1) Where the market surveillance authorities of another [F2relevant state] have initiated the procedure under Article 35 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—
(a)any measures taken by the enforcing authority in respect of the vessel;
(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the vessel.
(2) Where the market surveillance authorities of another [F3relevant state] have initiated the procedure under Article 35 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [F4relevant states] of—
(a)any measures taken [F5in Northern Ireland] by an enforcing authority in respect of the vessel;
(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the vessel; F6...
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where a measure taken by another [F7relevant state] in respect of a vessel is deemed justified under Article 35(7) of the Directive, the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken [F8in Northern Ireland] in respect of the vessel without delay.
(4) Where a measure taken by another [F9relevant state] under in respect of a vessel is considered by the European Commission to be justified pursuant to Article 36(1) of the Directive (as amended from time to time), the market surveillance authority must take all necessary measures to ensure that the vessel is withdrawn from [F10market in Northern Ireland].
(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraphs (3) or (4), it must notify the Secretary of State.
(6) Where the Secretary of State receives a notice under paragraph (5), or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [F11in respect of Northern Ireland].
(7) If a measure taken by an enforcing authority pursuant to regulation 59 is considered unjustified by the European Commission under Article 36(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [F12in respect of Northern Ireland].
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F2Words in reg. 60(1) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(a)
F3Words in reg. 60(2) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(b)(i)
F4Words in reg. 60(2) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(b)(ii)
F5Words in reg. 60(2)(a) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(b)(iii)
F6Reg. 60(2)(c) and word omitted (N.I.) (31.12.2020) by virtue of The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(b)(iv)
F7Words in reg. 60(3) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(a)
F8Words in reg. 60(3) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(c)
F9Words in reg. 60(4) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(a)
F10Words in reg. 60(4) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(d)
F11Words in reg. 60(6) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(e)
F12Words in reg. 60(7) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 1 para. 6(2)(e)
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