The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020

Regulation 2

SCHEDULE 1 Amendments to the Simple Pressure Vessels (Safety) Regulations 2016

1.  The Simple Pressure Vessels (Safety) Regulations 2016 are amended in accordance with paragraphs 2 to 8.

Amendment to interpretation

2.—(1) In regulation 2(4)—

(a) in the following definitions, for “Member State” substitute “relevant state”—

(i) “accreditation certificate”;

(ii) “competent national authority”;

(b) in the definition of “authorised representative” for “the EU” substitute “a relevant state”;

(c) in the definition of “importer”—

(i) in sub-paragraph (a) for “the EU” substitute “a relevant state”;

(ii) in sub-paragraph (b) for “EU” substitute “relevant”;

(d) in the following definitions for “EU” substitute “relevant”—

(i) “make available on the market”;

(ii) “place on the market”;

(e) after the definition of “relevant economic operator” insert—

““relevant market” means—

(a)

the market in Northern Ireland; and

(b)

the markets of the EEA states;

“relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;”.

(2) Omit regulation 2(6).

(3) In regulation 2(7)(b) for “Member State” substitute “relevant state”.

Amendment to Part 2

3.—(1) In regulations 4(2), 11(3), 12(1) and (3), 20(a), 21(2), 22(1) and (3), 25(2), 29(a)(ii), 31(a)(ii) and (2) and 36(1) for “Member State” substitute “relevant state”.

(2) In regulations 12(3), 22(3), 31(2) and 36(2) for “the United Kingdom” substitute “Northern Ireland”.

(3) In regulations 13(2) and 33(2) for “Member States” substitute “relevant state”.

Amendment to Part 3

4.  In regulation 42 for “Member State” substitute “relevant state”.

Amendment to Part 4

5.  In regulations 45(1)(a) and (b), 46(1) and (6), 51(5) and 52(1) for “Member States” substitute “relevant states”.

Amendment to Part 5

6.—(1) In regulation 59—

(a) in paragraphs (3), (4) and (5)(a), for “the United Kingdom” substitute “Northern Ireland”;

(b) in paragraph (4) and (7) for “Member States” substitute “relevant states”;

(c) at the beginning of paragraph (4) insert “Subject to paragraph (4A),”;

(d) after paragraph (4) insert—

“(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.”;

(e) in paragraph (5)(b) for “the United Kingdom market” substitute “market in Northern Ireland”;

(f) in paragraph (10) omit “throughout the EU”.

(2) In regulation 60—

(a) in paragraphs (1), (3) and (4) for “Member State” substitute “relevant state”;

(b) in paragraph (2)—

(i) for “Member State” in the first place in which it occurs substitute “relevant state”;

(ii) for “Member States” substitute “relevant states”;

(iii) in sub-paragraph (a) after “taken” insert “in Northern Ireland”;

(iv) omit paragraph (2)(c) and the “and” which precedes it;

(c) in paragraph (3) after “are taken” insert “in Northern Ireland”;

(d) in paragraph (4) for “the United Kingdom market” substitute “market in Northern Ireland”;

(e) at the end of paragraphs (6) and (7) insert “in respect of Northern Ireland”.

(3) In regulation 61—

(a) in paragraph (3)—

(i) at the beginning insert “Subject to paragraph (3A),”;

(ii) for “Member States” substitute “relevant states”;

(b) after paragraph (3) insert—

“(3A) Paragraph (3) only applies to measures taken in Northern Ireland.”.

Amendment to Part 6

7.—(1) In regulation 75(2) for “Member States” substitute “relevant states”.

(2) In regulation 76 for “Member State’s” substitute “relevant state’s”.

Amendment to Schedules

8.—(1) In Schedule 2—

(a) in paragraphs 8(3) and (4) for “member States” substitute “relevant states”;

(b) in paragraph 12(3) for “Member State” substitute “relevant state”;

(c) in paragraphs 12(9) and 16(6) for “Member States” substitute “relevant states”;

(2) In Schedule 8 in paragraphs 2(8) and 3(13) for “the United Kingdom” substitute “Northern Ireland”.

Regulation 3

SCHEDULE 2 Amendments to the Pressure Equipment (Safety) Regulations 2016

1.  The Pressure Equipment (Safety) Regulations 2016 are amended in accordance with paragraphs 2 to 8.

Amendment to Part 1

2.—(1) In regulation 2(1)—

(a) in the definition of “accreditation certificate” for “member State” substitute “relevant state”;

(b) in the definition of “authorised representative” for “within the EU” substitute “in a relevant state”;

(c) in the definition of “economic operator” after “manufacturer,” insert “an authorised representative,”;

(d) in the definition of “importer”—

(i) in sub-paragraph (a) for “the EU” substitute “a relevant state”;

(ii) in sub-paragraph (b) for “EU” substitute “relevant”;

(e) in the following definitions for “EU” substitute “relevant”—

(i) “make available on the market”;

(ii) “place on the market”;

(f) after the definition of “relevant economic operator” insert—

““relevant market” means—

(a)

the market in Northern Ireland; and

(b)

the markets of the EEA states;

“relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;”.

(2) Omit regulation 2(5).

(3) In regulations 2(7)(b) and 8(2)(a) for “Member State” substitute “relevant state”.

Amendment to Part 2

3.—(1) In regulations 13(3), 17(2), 23(2), 27(2), 31(a)(iii) and 37(1) for “member State” substitute “relevant state”.

(2) In regulations 14(4), 24(4), 31(3) and 37(2) for “the United Kingdom” substitute “Northern Ireland”.

(3) In regulation 34(2) for “member States” substitute “relevant states”.

Amendment to Part 3

4.—(1) in regulation 47 for “Member State” substitute “relevant state”.

(2) In regulation 50(5), (7) and (9) for “member States” substitute “relevant states”.

(3) In regulation 50(6) for “member State” substitute “relevant state”.

Amendment to Part 4

5.—(1) In regulations 51(1)(a) and (b), 52(1)(a) and (b), 53(1)(a) and (b) for “Member States” substitute “relevant states”.

(2) In regulations 55(1) and (2), 62(5) and 63(5) for “member States” substitute “relevant states”.

Amendment to Part 5

6.—(1) In regulation 71—

(a) in paragraphs (3) and (4) for “the United Kingdom” substitute “Northern Ireland”;

(b) in paragraphs (4) and (7) for “member States” substitute “relevant states”;

(c) at the beginning of paragraph (4) insert “Subject to paragraph 4(A),”;

(d) after paragraph (4) insert—

“(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.”;

(e) in paragraph (5)—

(i) in sub-paragraph (a) for “the United Kingdom” substitute “Northern Ireland”;

(ii) in sub-paragraph (b) for “United Kingdom market” substitute “market in Northern Ireland”.

(2) In regulation 72—

(a) in paragraphs (1), (3) and (4) for “member State” substitute “relevant state”;

(b) in paragraph (2)—

(i) for “member State” in the first place in which it occurs substitute “relevant state”;

(ii) for “member States” substitute “relevant states”;

(iii) in sub-paragraph (a) after “taken” insert “in Northern Ireland”;

(iv) omit sub-paragraph (c) and the “and” which precedes it;

(c) in paragraph (3) after “are taken” insert “in Northern Ireland”;

(d) in paragraph (4) for “United Kingdom market” substitute “market in Northern Ireland”;

(e) at the end of paragraphs (6) and (7) insert “in respect of Northern Ireland”.

(3) In regulation 73—

(a) in paragraph (3)—

(i) at the beginning insert “Subject to paragraph (3A),”;

(ii) for “member States” substitute “relevant states”;

(b) after paragraph (3) insert—

“(3A) Paragraph (3) only applies to measures taken in Northern Ireland.”.

Amendment to Part 6

7.—(1) In regulation 87(2) for “member States” substitute “relevant states”.

(2) In regulation 89 for “member State” substitute “relevant state”.

Amendment to Schedule 2

8.  In Schedule 2, paragraph 31(8) for “within the Union” substitute “in a relevant state”.