The Simple Pressure Vessels (Safety) Regulations 2016

Regulation 4(1)

SCHEDULE 1 U.K. Essential Safety Requirements

PART 1 U.K. Materials

1.  Materials used in the manufacture of a vessel must be selected according to the intended use of the vessel and in accordance with paragraphs 2 to 9. U.K.

Pressurised parts U.K.

2.  The materials used for manufacturing the pressurised parts of the vessel must be—

(a) capable of being welded;

(b) ductile and tough, so that a rupture at minimum working temperature does not give rise to either fragmentation or brittle-type fracture;

(c) not adversely affected by ageing.

3.  For steel vessels, the material must in addition meet the requirements set out in paragraph 5 and, for aluminium or aluminium alloy vessels, those set out in paragraph 6. U.K.

4.  The materials must be accompanied by an inspection slip as defined in paragraph 21(b) of Schedule 2, drawn up by the producer of the materials. U.K.

Steel vessels U.K.

5.  Non-alloy quality steels must meet the following requirements—

(a) they must be non-effervescent and supplied after normalisation treatment, or in an equivalent state;

(b) the content per product of carbon must be less than 0.25% and that of sulphur and phosphorous must each be less than 0.05%

(c) they must have the following mechanical properties per product—

(i) the maximum tensile strength _{Rm, max} must be less than 580 N/mm^2;

(ii) the elongation after fracture must be:

if test pieces are taken parallel to the direction of rolling:

thickness ≥ 3 mm:	A	≥ 22%,
thickness < 3 mm:	A 80 mm	≥ 17%,

or, if test pieces are taken perpendicular to the direction of rolling:

thickness ≥ 3 mm:	A	≥ 20%,
thickness < 3 mm:	A80 mm	≥15%,

(iii) the average bending rupture energy (KCV) for three longitudinal test pieces at minimum working temperature must not be less than 35 J/cm². Not more than one of the three figures may be less than 35 J/cm², with a minimum of 25J/cm². In the case of steels intended to be used in the manufacture of vessels the minimum working temperature of which is lower than - 10°C and the wall thickness of which exceeds 5 mm, this property must be checked.

Aluminium vessels U.K.

6.—(1) Non-alloy aluminium must have an aluminium content of at least 99.5% and the alloys referred to in regulation 2(1)(b) (interpretation) must display adequate resistance to intercrystalline corrosion at maximum working temperature.

(2) Moreover, these materials must satisfy the following requirements—

(a) they must by supplied in an annealed state;

(b) they must have the following mechanical characteristics per product—

(i) the maximum tensile strength R_{m, max} must be no more than 350 N/mm²,

(ii) the elongation after fracture must be—

(aa) A ≥ 16% if the test piece is taken parallel to the direction of rolling;

(bb) A ≥ 14% if the test piece is taken perpendicular to the direction of rolling.

Welding materials U.K.

7.  The welding materials used to manufacture the welds on or of the vessel must be appropriate to and compatible with the materials to be welded.

Accessories contributing to the strength of the vessel U.K.

8.—(1) Accessories contributing to the strength of the vessel (for example bolts and nuts) must be made—

(a) of a material specified in paragraphs 2 to 6; or

(b) of other kinds of steel, aluminium or an appropriate aluminium alloy compatible with materials used for the manufacture of pressurised parts.

(2) The materials referred to in sub-paragraph (1)(b) must, at minimum working temperature, have an appropriate elongation after fracture and bending rupture energy.

Non-pressurised parts U.K.

9.  All unpressurised parts of welded vessels must be of materials which are compatible with that of the components to which they are welded.

Symbols U.K.

10.  In this Part—

(a) “A” means elongation after fracture (

(b) “A_{80 mm}” means elongation after fracture (

(c) “KCV” means bending rupture energy in J/cm²

(d) “R_{m, max}” means maximum tensile strength in N/mm²

PART 2 U.K. Vessel Design

11.—(1) A manufacturer must, when designing a vessel, define the use to which it will be put, and select— U.K.

(a) the minimum working temperature T_min;

(b) the maximum working temperature T_max; and

(c) the maximum working pressure PS.

(2) Where a minimum working temperature exceeding - 10°C is selected, the qualities required of the materials must be satisfied at - 10°C.

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

(a) it must be possible to inspect the inside of vessels;

(b) it must be possible to drain the vessels;

(c) the mechanical qualities must be maintained throughout the period of use of the vessel for the intended purpose;

(d) the vessels must, bearing in mind their prescribed use, be adequately protected against corrosion.

13.  A manufacturer must take account of the fact that under the conditions of use envisaged— U.K.

(a) the vessels must not be subjected to stress likely to impair their safety in use;

(b) internal pressure must not permanently exceed the maximum working pressure PS. However, it may momentarily do so by up to 10%.

14.  Circumferential and longitudinal seams must be made using full penetration welds or welds of equivalent effectiveness and convex ends, other than hemispherical ones, must have a cylindrical edge. U.K.

Wall thickness U.K.

15.—(1) If the product of PS x V is not more than 3 000 bar.L, the manufacturer must select one of the methods described in paragraphs 16 (calculation method) and 17 (experimental method) for determining vessel wall thickness.

(2) If the product of PS x V is more than 3 000 bar.L, or if the maximum working temperature exceeds 100°C, such thickness must be determined by the method described in paragraph 16 (calculation method).

(3) The actual wall thickness of the cylindrical section and ends must, however, be not less than 2 mm in the case of steel vessels and not less than 3 mm in the case of aluminium or aluminium alloy vessels.

Calculation method U.K.

16.—(1) The minimum thickness of pressurised parts must be calculated having regard to the intensity of the stresses and to the following provisions—

(a) the calculation pressure to be taken into account must not be less than the maximum working pressure PS selected;

(b) the permissible general membrane stress must not exceed the lower of the values 0.6 R_eT or 0.3 R_m and the manufacturer must use the R_eT and R_m minimum values guaranteed by the producer of the material in order to determine the permissible stress.

(2) Where the cylindrical portion of the vessel has one or more longitudinal welds made using a non-automatic welding process, the thickness calculated as referred to in sub-paragraph (1) must be multiplied by the coefficient 1.15.

(3) In this paragraph—

(a) “R_eT” means the yield strength in N/mm², which is the value at the maximum working temperature T_max of any of the following—

(i) the upper yield point R_eH in N/mm², for a material with both a lower and an upper yield point;

(ii) the 0.2% proof strength R_p0.2 in N/mm²;

(iii) the 1.0% proof strength R_p1.0 in N/mm², in the case of non-alloy aluminium;

(b) “R_m” means tensile strength in N/mm².

Experimental method U.K.

17.  Wall thickness must be so determined as to enable the vessels to resist at ambient temperature a pressure equal to at least five times the maximum working pressure, with a permanent circumferential deformation factor of no more than 1%.

PART 3 U.K. Manufacturing processes

18.  Vessels must be constructed and subjected to production checks in accordance with Parts 2, 3 or 4 of Schedule 2. U.K.

Preparation of the component parts U.K.

19.  Preparation of the component parts (for example forming and chamfering) must not give rise to surface defects or cracks or changes in the mechanical characteristics likely to be detrimental to the safety of the vessels.

Welds on pressurised parts U.K.

20.  The characteristics of welds and adjacent zones must be similar to those of the welded materials and must be free of any surface or internal defects detrimental to the safety of the vessels.

21.—(1) Welds must be performed by qualified welders or operators possessing the appropriate level of competence, in accordance with approved welding processes. U.K.

(2) In sub-paragraph (1)—

(a) “qualified” means qualified by means of tests carried out by a notified body; and

(b) “approved” means approved by a notified body.

22.  The manufacturer must also, during manufacture, ensure consistent weld quality by conducting appropriate tests using adequate procedures. These tests must be the subject of a report. U.K.

Putting into service of the vessels U.K.

23.  Vessels must be accompanied by the instructions and safety information.

Regulations 40 and 41

SCHEDULE 2 U.K. Conformity Assessment Procedures

PART 1 U.K. EU-Type Examination (Module B)

1.  EU-type examination (Module B) is a conformity assessment procedure in which a notified body examines the technical design of a vessel and verifies and attests that the technical design of the vessel meets the applicable requirements of these Regulations that apply to it. U.K.

2.—(1) A manufacturer must lodge an application for EU-type examination (Module B) with a single notified body of the manufacturer's choice. U.K.

(2) The application must include—

(a) the name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of the authorised representative;

(b) a written declaration that the same application has not been lodged with any other notified body;

(c) the technical documentation;

(d) where applicable, the prototype vessels (and any further prototype vessels requested by the notified body if needed for carrying out the test programme) representative of the production envisaged;

(e) the supporting evidence for the adequacy of the technical design solution; this supporting evidence must—

(i) mention any documents that have been used, in particular where the relevant harmonised standards have not been applied in full;

(ii) include, where necessary, the results of tests carried out in accordance with other technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under his responsibility.

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

(a) make it possible to assess the vessel's conformity with the applicable requirements of these Regulations and must include an adequate analysis and assessment of any risks;

(b) specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the vessel;

(c) contain, wherever applicable, at least the following elements—

(i) a general description of the vessel;

(ii) conceptual design and manufacturing drawings and schemes of components;

(iii) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the vessel;

(iv) a list of the harmonised standards applied in full or in part (where applicable specifying the parts which have been applied), the references to which have been published in the Official Journal;

(v) where harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements, including a list of other relevant technical specifications applied;

(vi) results of design calculations made and examinations carried out;

(vii) test reports;

(viii) the instructions and safety information;

(ix) A document describing—

(aa) the materials selected;

(bb) the welding processes selected;

(cc) the checks selected; and

(dd) any pertinent details as to the vessel design.

(2) Where a prototype vessel is examined, the technical documentation must also include—

(a) the certificates relating to the suitable qualification of the welding operations and of the welders or welding operators;

(b) the inspection slip for the materials used in the manufacture of parts and components contributing to the strength of the vessel;

(c) a report on the examination and tests performed or a description of the proposed checks.

4.—(1) The notified body must examine the technical documentation and supporting evidence in respect of a vessel and, if provided, the prototype representative of the production of the vessel, to assess the adequacy of the technical design of the vessel. U.K.

(2) Where a prototype vessel is examined, the notified body must—

(a) verify that a prototype vessel—

(i) has been manufactured in conformity with the technical documentation;

(ii) may safely be used under its intended working conditions;

(iii) identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

(b) carry out, or arrange the carrying out, of appropriate examinations and tests to check whether, where the manufacturer has chosen to apply the solutions in the relevant harmonised standards, these have been applied correctly;

(c) carry out, or arrange the carrying out, of appropriate examinations and tests to check whether, where the solutions in the relevant harmonised standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications meet the corresponding essential safety requirements of these Regulations; and

(d) agree with the manufacturer on a location where the examinations and tests will be carried out.

5.  The notified body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes and, without prejudice to the notifying body's obligations vis-à-vis the Secretary of State, the notified body may disclose the content of that report, in full or in part, only with the agreement of the manufacturer. U.K.

6.—(1) Where the type meets the requirements of these Regulations, the notified body must issue an EU-type examination certificate to the manufacturer, which must contain— U.K.

(a) the name and address of the manufacturer;

(b) the conclusions of the examination;

(c) the conditions (if any) for its validity;

(d) all relevant information to allow the conformity of manufactured vessels with the examined type to be evaluated and to allow for in-service control; and

(e) the necessary data for the identification of the approved type.

(2) The EU-type examination certificate referred to in sub-paragraph (1)—

(a) may have one or more annexes attached;

(b) must be accompanied by the descriptions and drawings necessary for identification of the approved type.

(3) Where the type does not satisfy the applicable requirements of these Regulations, the notified body must refuse to issue an EU-type certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

7.—(1) A notified body must keep itself appraised of any changes to the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and must determine whether such changes require further investigation and, if so, the notified body must inform the manufacturer accordingly. U.K.

(2) A manufacturer must inform the notified body that holds the technical documentation relating to the EU-type examination certificate of all modifications to the approved type that may affect the conformity of the vessel with the essential safety requirements or the conditions for validity of the certificate; such modifications require additional approval in the form of an addition to the original EU-type examination certificate.

8.—(1) Each notified body must inform the Secretary of State of all the EU-type examination certificates and any additions thereto which it has issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of such certificates and any additions thereto refused, suspended, or otherwise restricted. U.K.

(2) Each notified body must inform the other notified bodies concerning the EU-type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted and, upon request, concerning such certificates and additions thereto which it has issued.

(3) A notified body must, on request, provide the Commission, the member States and the other notified bodies, with a copy of the EU-type examination certificates and additions thereto which it has issued.

(4) A notified body must, on request, provide the Commission and the member States with a copy of the technical documentation and the results of the examinations carried out by the notified body.

(5) A notified body must keep a copy of the EU-type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

9.  A manufacturer must keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the enforcing authorities for a period of 10 years beginning on the day on which the vessel is placed on the market. U.K.

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

10.  Conformity to type based on internal production control plus supervised vessel testing is a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 11 to 13 and it is the manufacturer's sole responsibility to ensure and declare that the vessels concerned are in conformity with the type described in the EU-type examination certificate and satisfy the applicable requirements of these Regulations. U.K.

Manufacturing U.K.

11.—(1) A manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured vessels with the type described in the EU-type examination certificate and with the applicable requirements of these Regulations.

(2) Before commencing manufacture, a manufacturer must provide a notified body of the manufacturer's choice with all necessary information, and in particular—

(a) the technical documentation referred to in paragraph 2(2)(c), together with —

(i) the certificates relating to the suitable qualification of the welding operations and of the welders or welding operators;

(ii) the inspection slip for the materials used in the manufacture of parts and components contributing to the strength of the vessel; and

(iii) a report on the examination and tests performed;

(b) the inspection document, describing the appropriate examinations and tests to be carried out during manufacture, together with the procedures in respect thereof and the frequency with which they are to be performed; and

(c) the EU-type examination certificate.

Vessel checks U.K.

12.—(1) For each individual type of vessel manufactured, the notified body must carry out the appropriate examinations and tests in order to verify the conformity of the vessel with the type described in the EU-type examination certificate and with the corresponding requirements of these Regulations.

(2) The manufacturer must present the vessels in the form of uniform batches and must take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced.

(3) When a batch is examined, the notified body must ensure that the vessels have been manufactured and checked in accordance with the technical documentation, and must perform a hydrostatic test or a pneumatic test of equivalent effect on each vessel in the batch at a pressure Ph equal to 1.5 times the vessel's design pressure in order to check its strength; the pneumatic test must be subject to acceptance of the test safety procedures by the Member State in which the test is performed.

(4) In order to examine the weld quality, the notified body must carry out tests on test-pieces taken from, at the choice of the manufacturer, either a production test-piece or from a vessel. The tests must be carried out on longitudinal welds; however, where differing weld techniques are used for longitudinal and circumferential welds, the tests must be repeated on the circumferential welds.

(5) For the vessels subject to the experimental methods referred to in paragraph 17 (experimental method) of Schedule 1, these tests on test-pieces must be replaced by a hydrostatic test on five vessels taken at random from each batch in order to check that they conform to the essential safety requirements set out in that paragraph.

(6) In the case of accepted batches, the notified body must affix its identification number, or cause that number to be affixed, to each vessel and must draw up a written certificate of conformity relating to the tests carried out. All vessels in the batch may be placed on the market except for those which have not successfully undergone a hydrostatic test or a pneumatic test.

(7) If a batch is rejected, the notified body must take appropriate measures to prevent the placing on the market of that batch. In the event of frequent rejection of batches, the notified body may suspend the statistical verification.

(8) The manufacturer must be able to supply on request by the relevant authorities the notified body's certificates of conformity referred to in sub-paragraph (6).

(9) The notified body must supply the Secretary of State and, on request, other notified bodies, other Member States and the Commission, with a copy of the inspection report issued by it.

(10) The manufacturer must, under the responsibility of the notified body, affix the notified body's identification number during the manufacturing process.

(11) In this paragraph, a “batch” of vessels must consist of no more than 3,000 vessels of the model of the same type.

CE marking and EU declaration of conformity U.K.

13.—(1) The manufacturer must affix the CE marking to each individual vessel that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of these Regulations.

(2) The manufacturer must draw up a written EU declaration of conformity for each vessel model and keep it at the disposal of the enforcing authority for a period of 10 years beginning on the day on which the vessel was placed on the market. The EU declaration of conformity must identify the vessel model for which it has been drawn up.

(3) A copy of the EU declaration of conformity must be made available to the enforcing authority upon request.

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

14.  Conformity to type based on internal production control plus supervised vessel checks at random intervals is a conformity assessment procedure whereby the manufacturer fulfills the obligations laid down in paragraphs 15 to 17, and it is the manufacturer's sole responsibility to ensure and declare that the vessels concerned are in conformity with the type described in the EU-type examination certificate and satisfy the applicable requirements of these Regulations. U.K.

Manufacturing U.K.

15.—(1) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured vessels with the type described in the EU-type examination certificate and with the applicable requirements of these Regulations.

(2) Before commencing manufacture, the manufacturer must provide a notified body of his choice with all necessary information, and in particular—

(a) the technical documentation referred to in paragraph 2(2)(c), together with —

(i) the certificates relating to the suitable qualification of the welding operations and of the welders or welding operators;

(ii) the inspection slip for the materials used in the manufacture of parts and components contributing to the strength of the vessel; and

(iii) a report on the examination and tests performed;

(b) the EU-type examination certificate;

(c) a document describing the manufacturing processes and all of the predetermined systematic measures taken to ensure conformity of the vessels with the type described in the EU-type examination certificate, which document must include—

(i) a description of the means of manufacture and checking appropriate to the construction of the vessels;

(ii) an inspection document describing the appropriate examinations and tests to be carried out during manufacture, together with the procedures in respect thereof and the frequency with which they are to be performed;

(iii) an undertaking to carry out the examinations and tests in accordance with the inspection document and to ensure that a hydrostatic test or, subject to the agreement of the relevant authorities, a pneumatic test is carried out on each vessel manufactured at a test pressure equal to 1.5 times the design pressure; and

(iv) the addresses of the places of manufacture and storage and the date on which manufacture is to commence.

(3) The examinations and tests referred to in paragraph 15(2)(c)(iii) must be—

(i) carried out under the responsibility of qualified staff who are independent of production personnel; and

(ii) the subject of a report.

(4) The notified body must, before the date on which any manufacture begins, examine the documents referred to in paragraphs 15(2)(a) and (c) in order to certify their conformity with the EU-type examination certificate.

Vessel checks U.K.

16.—(1) The notified body must carry out vessel checks, or ensure that vessel checks are carried out, on random samples at random intervals determined by the body, in order to verify the quality of the internal checks on the vessel, taking into account, inter alia, the technological complexity of the vessels and the quantity of production.

(2) An adequate sample of the final vessels, taken on site by the notified body before their placing on the market, must be examined and appropriate tests as identified by the relevant parts of the harmonised standards, or equivalent tests set out in other relevant technical specifications, must be carried out to check the conformity of the vessel with the type described in the EU-type examination certificate and with the relevant requirements of these Regulations.

(3) The notified body must also ensure that the manufacturer checks series-produced vessels in accordance with paragraph 15(2)(c)(iii).

(4) Where a sample does not conform to the acceptable quality level, the notified body must take appropriate measures.

(5) The acceptance sampling procedure to be applied is intended to determine whether the manufacturing process of the vessel performs within acceptable limits, with a view to ensuring conformity of the vessel.

(6) The notified body must supply the Secretary of State and, on request, other notified bodies, other Member States and the Commission, with a copy of the inspection report issued by it.

(7) The manufacturer must, under the responsibility of the notified body, affix the notified body's identification number during the manufacturing process.

CE marking and EU declaration of conformity U.K.

17.—(1) The manufacturer must affix the CE marking to each individual vessel that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of these Regulations.

(2) The manufacturer must draw up a written EU declaration of conformity for each vessel model and keep it at the disposal of the enforcing authority for a period of 10 years beginning on the day on which the vessel has been placed on the market. The EU declaration of conformity must identify the vessel model for which it has been drawn up.

(3) A copy of the EU declaration of conformity must be made available to the enforcing authority upon request.

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

18.  Conformity to type based on internal production control is a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 19 and 20, and ensures and declares that the vessels concerned are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them. U.K.

Manufacturing U.K.

19.—(1) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured vessels with the approved type described in the EU-type examination certificate and with the requirements of these Regulations that apply to them.

(2) Before commencing manufacture, the manufacturer must provide the notified body which issued the EU-type examination certificate with all necessary information, and in particular—

(a) the certificates relating to the suitable qualification of the welding operations and of the welders or welding operators;

(b) the inspection slip for the materials used in the manufacture of parts and components contributing to the strength of the vessel;

(c) a report on the examinations and tests performed;

(d) a document describing the manufacturing processes and all of the predetermined systematic measures taken to ensure conformity of the vessels with the type described in the EU-type examination certificate. That document must include—

(i) a description of the means of manufacture and checking appropriate to the construction of the vessels;

(ii) an inspection document describing the appropriate examinations and tests to be carried out during manufacture, together with the procedures in respect thereof and the frequency with which they are to be performed;

(iii) an undertaking to carry out the examinations and tests in accordance with the inspection document and to have a hydrostatic test or, subject to the agreement of the relevant authorities, a pneumatic test carried out on each vessel manufactured at a test pressure equal to 1,5 times the design pressure;

(iv) the addresses of the places of manufacture and storage and the date on which manufacture is to commence.

(3) The examinations and tests referred to in paragraph 19(2)(d)(iii) must be—

(a) carried out under the responsibility of qualified staff who are independent from production personnel; and

(b) the subject of a report.

(4) The notified body must, before the date on which any manufacture begins, examine the documents referred to in paragraph 19(2) in order to certify their conformity with the EU-type examination certificate.

CE marking and EU declaration of conformity U.K.

20.—(1) The manufacturer must affix the CE marking to each individual vessel that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of these Regulations.

(2) The manufacturer must draw up a written EU declaration of conformity for each vessel model and keep it at the disposal of the enforcing authority for a period of 10 years beginning on the day on which the vessel has been placed on the market. The EU declaration of conformity must identify the vessel model for which it has been drawn up.

(3) A copy of the EU declaration of conformity must be made available to the enforcing authority upon request.

PART 5 U.K. Interpretation

21.  In this Schedule— U.K.

(a) “design pressure” means the gauge pressure in Bar chosen by the manufacturer and used to determine the thickness of the vessel's pressurised parts;

(b) “inspection slip” means the document by which the producer of the materials certifies that the products delivered meet the requirements of the order and in which the producer sets out the results of the routine in-plant inspection test, in particular chemical composition and mechanical characteristics, performed on products made by the same production process as the supply, but not necessarily on the products delivered.

(c) “P_h” means hydrostatic or pneumatic test pressure in Bar.

Regulation 43

SCHEDULE 3 U.K. EU Declaration of Conformity

EU declaration of conformity (No xxxx) F1 U.K.

1.  Vessel/vessel model (product, type, batch or serial number):

Textual Amendments

F1 It is optional for the manufacturer to assign a number to the declaration of conformity.

2.  Name and address of the manufacturer and, where applicable, his authorised representative: U.K.

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

4.  Object of the declaration (identification of the vessel allowing traceability; it may, where necessary for the identification of the vessel, include an image): U.K.

5.  The object of the declaration described above is in conformity with the relevant Union harmonisation legislation: U.K.

6.  References to the relevant harmonised standards used or references to the other technical specifications in relation to which conformity is declared: U.K.

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

8.  Additional information: U.K.

Signed for and on behalf of: (place and date of issue): (name, function) (signature):

Regulations 46(4) and 52(2)

SCHEDULE 4 U.K. Notified bodies

PART 1 U.K. Notified Body Requirements

1.  A conformity assessment body must be established in the United Kingdom and have legal personality. U.K.

2.  A conformity assessment body must be a third party body independent of the organisation or the vessel it assesses. A body belonging to a business association or professional federation representing businesses involved in the design, manufacturing, provision, assembly, use or maintenance of vessels which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body. U.K.

3.—(1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the vessels that they assess, nor the representative of any of those parties. U.K.

(2) Sub-paragraph (1) does not preclude the use of assessed vessels that are necessary for the operations of the conformity assessment body or the use of such vessels for personal purposes.

4.  A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of those vessels, or represent the parties engaged in those activities. They must not engage in any activity (including consultancy services) that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. U.K.

5.  A conformity assessment body must ensure that the activities of its subsidiaries or sub-contractors do not affect the confidentiality, objectivity or impartiality of its conformity assessment activities. U.K.

6.  A conformity assessment body and its personnel must carry out conformity assessment activities with the highest degree of professional integrity and the requisite competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, particularly with regard to persons or groups of persons who have an interest in the results of those activities. U.K.

7.  A conformity assessment body must be capable of carrying out all of the conformity assessment activities for which it has been notified, whether that assessment is carried out by the body itself or on its behalf and under its responsibility. U.K.

8.  A conformity assessment body must have at its disposal: U.K.

(a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

(b) descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency of and the ability to reproduce those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities.

(c) procedures for the performance of conformity assessment activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

9.  A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities. U.K.

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

(a) sound technical and vocational training, covering all conformity assessment activities in relation to which the conformity assessment body has been notified;

(b) satisfactory knowledge of the requirements of the assessments which the conformity assessment body carries out, and adequate authority to carry out those assessments;

(c) appropriate knowledge and understanding of the essential safety requirements, of the applicable harmonised standards and of the applicable provisions of the relevant Directives and of these Regulations; and

(d) the ability to draw up certificates, records and reports demonstrating that the assessments have been carried out.

11.  A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities. U.K.

12.  The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments. U.K.

13.  A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities. U.K.

14.  A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations, and that proprietary rights are protected. U.K.

15.  Paragraph 14 does not prevent the personnel from providing the information to the Secretary of State. U.K.

16.  A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any notified body coordination group established under the Directive and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group. U.K.

PART 2 U.K. Operational obligations of notified bodies

17.  A notified body must carry out conformity assessments in accordance with the conformity assessment procedures. U.K.

18.  A notified body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators. U.K.

19.  A notified body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the vessel technology in question and the mass or serial nature of the production process. U.K.

20.  A notified body must respect the degree of rigour and the level of protection required to ensure that the vessel is in conformity with the requirements of these Regulations. U.K.

21.  Where a notified body finds that essential safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity. U.K.

22.  Where, in the course of the monitoring of conformity following the issue of a certificate of conformity, a notified body finds that a vessel is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must, if necessary, suspend or withdraw the certificate of conformity. U.K.

23.  Where the notified body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the notified body must restrict, suspend or withdraw any certificate of conformity. U.K.

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

(a) refuse to issue a certificate of conformity;

(b) restrict, suspend or withdraw a certificate of conformity.

25.  Where this paragraph applies, the notified body must— U.K.

(a) give the person applying for the certificate of conformity, or the person to whom the certificate of conformity has been given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b) give the person referred to in sub-paragraph (a), an opportunity to make representations within a reasonable period from the date of the notice;

(c) take account of any representations made within the period referred to in subparagraph (b) before taking its decision.

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

(a) any refusal, restriction, suspension or withdrawal of a certificate of conformity;

(b) any circumstances affecting the scope of or conditions for notification under regulation 46 (notification);

(c) any request for information which it has received from a market surveillance authority regarding conformity assessment activities;

(d) on request, any conformity assessment activities performed within the scope of its notification under regulation 46 and any other activity performed, including cross-border activities and subcontracting.

27.  A notified body must make provision in its contracts with its clients enabling such clients to appeal against a decision— U.K.

(a) to refuse to issue a certificate of conformity or grant an approval;

(b) to restrict, suspend or withdraw a certificate of conformity or approval.

28.  A notified body must provide other bodies notified under these Regulations carrying out similar conformity assessment activities covering the same vessels with relevant information on issues relating to negative and, on request, positive conformity assessment results. U.K.

29.  A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives. U.K.

Regulation 56(1)

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

Enforcement powers under the 1987 Act U.K.

1.  For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2—

(a) section 13 (prohibition notices and notices to warn);

(b) section 14 (suspension notices);

(c) section 16 (forfeiture: England and Wales and Northern Ireland);

(d) section 17 (forfeiture: Scotland);

(e) section 18 (power to obtain information);

(f) section 19 (interpretation of Part II);

(g) section 29 (powers of search etc);

(h) section 30 (provisions supplemental to s 29);

(i) section 31 (powers of customs officer to detain goods);

(j) section 33 (appeals against detention of goods);

(k) section 34 (compensation for seizure and detention);

(l) section 35 (recovery of expenses of enforcement);

(m) section 37 (power of Commissioners for Revenue and Customs);

(n) section 45 (interpretation);

(o) section 46(1) (meaning of “supply”); and

(p) Schedule 2 (prohibition notices and notices to warn).

Modifications to the 1987 Act U.K.

2.  The sections of the 1987 Act referred to in paragraph 1 are to apply as if—

(a) in section 13—

(i) in subsection (1), “relevant” were omitted on each occasion that it appears;

(ii) for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”;

(iii) in subsection (2), the words from “; and the Secretary of State may” to the end were omitted; and

(iv) subsections (4) to (7) were omitted;

(b) in section 14—

(i) in subsection (1), after “any safety provision has been contravened in relation to any goods”, there were inserted “ or that such goods present a risk to the health or safety of persons, to domestic animals or to property ”;

(ii) in subsection 2(b), after “a safety provision has been contravened in relation to the goods”, there were inserted “ or that such goods present a risk to the health or safety of persons, to domestic animals or to property ”;

(iii) in subsection (2)(c), “under section 15 below” were omitted; and

(iv) subsections (6) to (8) were omitted;

(c) in section 16—

(i) in subsection (1), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that such goods present a risk to the health or safety of persons, to domestic animals or to property ”;

(ii) for subsection 2(b) there were substituted—

“(b) where an application with respect to some or all of the goods has been made to a magistrates' court under regulation 72 (appeals against notices) of the 2016 Regulations or section 33, to that court; and”;

(iii) in subsection (3), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that such goods present a risk to the health or safety of persons, to domestic animals or to property ”;

(iv) after subsection (4), there were inserted—

“(4A) A court may infer for the purposes of this section that any goods present a risk to the health or safety of persons, to domestic animals or to property, if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or bath or otherwise).”;

(v) in subsection (6), the words “Subject to subsection (6) below,” were omitted; and

(vi) subsection (7) were omitted;

(d) in section 17—

(i) in subsection (1), after “a contravention of a safety provision”, there were inserted “ or where the goods present a risk to the health or safety of persons, to domestic animals or to property ”;

(ii) in subsection (6), after “a contravention in relation to those goods of a safety provision”, there were inserted “ or that those goods present a risk to the health or safety of persons, to domestic animals or to property ”; and

(iii) after subsection (7), there were inserted—

“(7A) The Sheriff may infer for the purposes of this section that any goods present a risk to the health or safety of persons, to domestic animals or to property, if satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;

(e) in section 18, subsections (3) and (4) were omitted;

(f) in section 29—

(i) in subsection 4(a), after “any contravention of any safety provision in relation to the goods”, there were inserted “ or whether the goods present a risk to the health or safety of persons, to domestic animals or to property ”; and

(ii) in subsection 4(b), after “any such contravention”, there were inserted “ or whether the goods present a risk to the health or safety of persons, to domestic animals or to property ”.

(g) in section 30—

(i) at the end of subsection (2)(a)(ii), for “and” there were substituted “ or ”;

(ii) after subsection (2)(a)(ii), there were inserted—

“(iii) that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk to the health or safety or persons, to domestic animals or to property; and”; and

(iii) subsections (5), (7) and (8) were omitted;

(h) in section 31(1), for “Part II of this Act”, there were substituted “ the 2016 Regulations ”;

(i) in section 34—

(i) omit the word “and” at the end of subsection (1)(a); and

(ii) after that subsection, insert—

“(aa) the goods do not present a risk to the health or safety of persons, to domestic animals or to property; and”;

(j) in section 37(1), for “Part II of this Act”, there were substituted “ the 2016 Regulations ”;

(k) in section 45(1)—

(i) the definitions of “conditional sale agreement”, “gas”, “motor vehicle”, “personal injury”, “subordinate legislation” and “substance” were omitted;

(ii) before the definition of “aircraft”, there were inserted—

““2016 Regulations” means the Simple Pressure Vessels (Safety) Regulations 2016;”;

(iii) for the definition of “enforcement authority” there were substituted—

““enforcement authority” means an enforcing authority as defined in regulation 2(4) of the 2016 Regulations;”;

(iv) for the definition of “goods” there were substituted—

““goods” means a vessel within the scope of the 2016 Regulations;”;

(v) after the definition of “modifications”, there were inserted—

““non-compliant” in relation to any goods means that—

(a) a safety provision has been contravened in relation to the goods; or

(b) the goods present a risk to the health or safety of persons, to domestic animals or to property”;

(vi) for the definition of “safety provision” there were substituted—

““safety provision” means any provision of the 2016 Regulations;”; and

(vii) for the definition of “safety regulations” there were inserted—

““safety regulations” means the 2016 Regulations;”;

(l) in section 46(1), omit “and, in relation to gas or water, those references must be construed as including references to providing the service by which the gas or water is made available for use”; and

(m) in Schedule 2—

(i) for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”; and

(ii) for “safe”, on each occasion that it appears, there were substituted “ not non-compliant ”.

Regulation 56(2)

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

Enforcement powers under the 1974 Act U.K.

1.  For the purposes of enforcing these Regulations, the following sections of the 1974 Act apply subject to the modifications in paragraph 2—

(a) section 19 (appointment of inspectors);

(b) section 20 (powers of inspectors);

(c) section 21 (improvement notices);

(d) section 22 (prohibition notices);

(e) section 23 (provisions supplementary to ss 21 and 22);

(f) section 24 (appeal against improvement or prohibition notice);

(g) section 25 (power to deal with cause of imminent danger);

(h) section 25A (power of customs officer to detain articles and substances);

(i) section 26 (power of enforcing authorities to indemnify inspectors);

(j) section 27 (obtaining of information by the Executive, enforcing authorities etc);

(k) section 27A (information communicated by Commissioners for Revenue and Customs);

(l) section 28 (restrictions on disclosure of information);

(m) section 33 (offences);

(n) section 34 (extension of time for bringing summary proceedings);

(o) section 35 (venue);

(p) section 39 (prosecution by inspectors);

(q) section 41 (evidence); and

(r) section 42 (power of court to order cause of offence to be remedied or, in certain cases, forfeiture).

Modifications to the 1974 Act U.K.

2.  The sections of the 1974 Act referred to in paragraph 1 apply as if—

(a) references to “relevant statutory provisions” were references to—

(i) the provisions of the 1974 Act set out in paragraph 1, as modified by this paragraph; and

(ii) these Regulations;

(b) in section 19—

(i) in subsection (1)—

(aa) for “Every enforcing authority” there were substituted “ The Health and Safety Executive and the Office for Nuclear Regulation ”;

(bb) for references to “it” there were substituted “ they ”;

(cc) for “thinks” there were substituted “ think ”

(dd) “within its field of responsibility” were omitted;

(ii) in subsection (2), paragraph (b) were omitted; and

(iii) in subsection (3), for “enforcing authority which appointed him” there were substituted “ Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

(c) in section 20—

(i) in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

(ii) in subsection (2)(c)(i), for “his (the inspector's) enforcing authority” there were substituted “ the Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

(iii) in subsection (2)(h), for “him to have caused or to be likely to cause danger to health and safety”, there were substituted “ contravene the relevant statutory provisions or present a risk to the health or safety of persons, to domestic animals or to property ”; and

(iv) subsection (3) were omitted;

(d) in section 21–

(i) before paragraph (a), there were inserted—

“(za) is making available on the market a vessel which presents a risk to the health or safety or persons, to domestic animals or to property”;

(ii) after “specifying the”, there were inserted “ risk, or ”; and

(iii) after “requiring that person to”, there were inserted “ address the risk or ”;

(e) for section 22(2) there were substituted—

“(2) An inspector may serve a notice (in this Part referred to as “a prohibition notice”) on a person if, as regards any activities to which this section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve—

(a) a risk to the health or safety of persons, to domestic animals or to property; or

(b) the contravention of a relevant statutory provision.”;

(f) in section 23, subsections (3), (4) and (6) were omitted;

(g) for section 25A(1) substitute—

“(1) A customs officer may, for the purposes of facilitating the exercise or performance by the Health and Safety Executive, the Office for Nuclear Regulation or an inspector as the case may be, of any of their powers and duties under any of the relevant statutory provisions, seize any imported article or imported substance and retain it for not more than two working days.”

(h) for the title to section 26, there were substituted “ Power to indemnify inspectors ”;

(i) in section 26, for each of the following references there were substituted “ the body ”

(i) “the enforcing authority”;

(ii) “that authority”; and

(iii) “the authority”;

(j) in section 27—

(i) for “Executive”, on each occasion that it appears, there were substituted “ Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

(ii) in subsection (1), paragraph (b) were omitted; and

(iii) in subsection (1), “or, as the case may be, to the enforcing authority in question” were omitted;

(k) for section 27A(2) substitute—

“(2) This subsection applies to the Health and Safety Executive, the Office for Nuclear Regulation and to an inspector.”

(l) in section 28—

(i) for “Executive”, on each occasion that it appears, there were substituted “ Health and Safety Executive ”;

(ii) in subsection (1)(a), “, other than the Office for Nuclear Regulation (or an inspector appointed by it,” and “, by virtue of section 43A(6) below” were omitted;

(iii) in subsection (3)(a), “or any enforcing authority” were omitted;

(iv) in subsection (4), “or an enforcing authority” and “or authority (including, in the case of an enforcing authority, any inspector appointed by it)” were omitted; and

(v) in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted; and

(vi) in subsection (7), “14(4)(a) or” were omitted;

(vii) for subsection (7)(b), there were substituted—

“(b) for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;”; and

(viii) subsection (9B) were omitted.

(m) in section 33—

(i) in subsection (1), paragraphs (a) to (i) and (k) to (m) were omitted;

(ii) for subsection (2), there were substituted—

“(2) A person guilty of an offence this section is liable—

(a) on summary conviction–

(i) in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;

(ii) in Scotland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or to both;

(b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or to both.”; and

(n) section 33(3) were omitted.

(o) in section 34—

(i) in subsection (1), paragraphs (a) and (b) were omitted; and

(ii) in subsection (1), for the words from “and it appears” to the end, there were substituted “ and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry. ”; and

(iii) subsections (3) to (6) were omitted;

(p) in section 35, for “any enforcing authority”, there were substituted “ the Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

(q) in section 39(1), for “enforcing authority” there were substituted “ Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”; and

(r) in section 42, subsections (3A), (4) and (5) were omitted.

Regulation 56(3)

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

Enforcement powers under the 1978 Order U.K.

1.  For the purposes of enforcing these Regulations, the following Articles of the 1978 Order apply subject to the modifications in paragraph 2—

(a) Article 21 (appointment of inspectors);

(b) Article 22 (powers of inspectors);

(c) Article 23 (improvement notices);

(d) Article 24 (prohibition notices);

(e) Article 25 (provisions supplementary to Articles 23 and 24);

(f) Article 26 (appeal against improvement or prohibition notice);

(g) Article 27 (power to deal with cause of imminent danger);

(h) Article 27A (power of customs officer to detain articles and substances);

(i) Article 28 (power of enforcing authorities to indemnify their inspectors);

(j) Article 29 (obtaining of information);

(k) Article 29A (information communicated by Commissioners for Revenue and Customs);

(l) (Article 30 (restrictions on disclosure of information);

(m) Article 31 (offences);

(n) Article 32 (extension of time for bringing summary proceedings);

(o) Article 33 (venue);

(p) Article 36 (prosecutions by inspectors);

(q) Article 38 (evidence);

(r) Article 39 (power of court to order cause of offence to be remedied and, in certain cases, forfeiture).

Modifications to the 1978 Order U.K.

2.  The Articles referred to in paragraph 1 apply as if—

(a) references to “relevant statutory provisions” were references to—

(i) the provisions of the 1978 Order set out in paragraph 1, as modified by this paragraph; and

(ii) these Regulations;

(b) in Article 21—

(i) in paragraph (1), for “Every enforcing authority” there were substituted “ The Health and Safety Executive for Northern Ireland ”;

(ii) in paragraph (1), “within its field of responsibility” were omitted;

(iii) in paragraph (2), sub-paragraph (b) were omitted;

(iv) in paragraph (3), for “enforcing authority which appointed him” there were substituted “ Health and Safety Executive for Northern Ireland ”;

(c) in Article 22—

(i) in paragraph (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

(ii) in paragraph (2)(c)(i), for “his (the inspector's) enforcing authority” there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(iii) paragraph (3) were omitted;

(d) for Article 24(2) there were substituted—

“(2) An inspector may serve a notice (in this Part referred to as “a prohibition notice”) on a person if, as regards any activities to which this Article applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve—

(a) a risk to the health or safety of persons, to domestic animals or to property; or

(b) the contravention of a relevant statutory provision.

(3) A prohibition notice must—

(a) state that the inspector is of the said opinion;

(b) specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;

(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

(d) direct that the activities to which the notice relates must not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions so specified in pursuance of paragraph (c) above have been remedied.”;

(e) in Article 25, paragraphs (3), (4) and (5) were omitted;

(f) in Article 27A(1), for “any enforcing authority”, there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(g) in Article 28, for each of the following references there were substituted “ the body ”

(i) “the enforcing authority”;

(ii) “that authority”; and

(iii) “the authority”;

(h) in Article 29—

(i) for “the Department concerned” and “Executive”, on each occasion that it appears, there were substituted “ Health and Safety Executive for Northern Ireland ”;

(ii) in paragraph (1)(b), for “an enforcing authority” there were substituted “ the Health and Safety Executive for Northern Ireland ” and for “the authority's functions” there were substituted “ its functions. ”

(i) in Article 29A(2) for “an enforcing authority” there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(j) in Article 30—

(i) for “Executive”, on each occasion that it appears, there were substituted “ Health and Safety Executive for Northern Ireland ”;

(ii) in paragraph (3), “or any enforcing authority” were omitted;

(iii) in paragraph (4), “or an enforcing authority” were omitted;

(iv) in paragraph (4), “(including in the case of an enforcing authority, any inspector appointed by it)” were omitted; and

(v) in paragraph (5)(a), “or the purposes of the enforcing authority in question” were omitted;

(k) in Article 31—

(i) in paragraph (1), the sub-paragraphs (a) to (i) and (k) to (m) were omitted;

(ii) for paragraph (2), there were substituted—

“(2) A person guilty of an offence under Article 31 is liable on summary conviction to a fine or to imprisonment for a term not exceeding three months, or to both.”; and

(iii) Article 31(3) were omitted;

(l) in Article 32—

(i) in paragraph (1), sub-paragraphs (a) and (b) were omitted; and

(ii) sub-paragraphs (3) to (4) were omitted;

(m) in Article 33, for “any enforcing authority”, there were substituted “ the Health and Safety Executive for Northern Ireland ”;

(n) in Article 36, for “enforcing authority” there were substituted “ Health and Safety Executive for Northern Ireland ”; and

(o) in Article 39, paragraphs (3A), (4) and (5) were omitted.

Regulation 56(4)

SCHEDULE 8 U.K. Compliance, withdrawal and enforcement notices

Compliance notice U.K.

1.—(1) An enforcing authority may serve a compliance notice on a relevant economic operator in respect of a vessel if the authority has reasonable grounds for believing that there is non-compliance.

(2) A compliance notice must—

(a) require the relevant economic operator on which it is served to—

(i) end the non-compliance within such period as may be specified in the notice; or

(ii) provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcing authority that the non-compliance has not in fact occurred; and

(b) warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken in respect of the vessel or any vessel of the same type made available on the market by the relevant economic operator.

(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

(4) Subject to paragraph (5), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.

(5) An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Withdrawal notice U.K.

2.—(1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of a vessel if the authority has reasonable grounds for believing that—

(a) the vessel has been made available on the market; and

(b) there is non-compliance.

(2) A withdrawal notice must prohibit the relevant economic operator from making the vessel available on the market without the consent of the enforcing authority.

(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the vessel.

(4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any vessel referred to in the notice.

(5) A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.

(6) Subject to paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.

(7) An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(8) A withdrawal notice has effect throughout the United Kingdom.

Recall notice U.K.

3.—(1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of a vessel if the authority has reasonable grounds for believing that—

(a) the vessel has been made available to end-users; and

(b) there is non-compliance.

(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the vessel from end-users to the relevant economic operator or another person specified in the notice.

(3) A recall notice may—

(a) require the recall to be effected in accordance with a code of practice;

(b) require the relevant economic operator to—

(i) contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

(ii) publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the vessel poses and the fact of the recall; or

(iii) make arrangements for the collection or return of the vessel from end-users or its disposal; or

(c) impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the vessel.

(4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

(5) A recall notice may only be issued by the enforcing authority where—

(a) other action which it may require under these Regulations would not suffice to address the non-compliance;

(b) the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;

(c) the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice; and

(d) the enforcing authority has taken account of any advice obtained under sub-paragraph (6).

(6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—

(a) whether there is non-compliance; and

(b) whether the issue of a recall notice would be proportionate.

(7) Sub-paragraphs (5)(b), (c) and (d) do not apply in the case of a vessel presenting a serious risk requiring, in the view of the enforcing authority, urgent action.

(8) Where a relevant economic operator requires the enforcing authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.

(9) In this paragraph, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.

(10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of a vessel to which the recall notice relates, so far as the relevant economic operator is able to do so.

(11) Subject to paragraph (12), an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.

(12) An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(13) A recall notice has effect throughout the United Kingdom.

Interpretation U.K.

4.  In this Schedule, “ non-compliance” means that the vessel—

(a) presents a risk to the health or safety of persons, to domestic animals or to property; or

(b) is not in conformity with Part 2 or RAMS (in its application to vessels).