Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993

Made: 20th August 1993

Coming into operation: 1st January 1994

The Department of Economic Development, being the Department concerned[^f00001] in exercise of the powers conferred on it by Articles 17(1), (2) and (3) of, and paragraphs 1(2) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[^f00002] and of every other power enabling it in that behalf, after consultation in accordance with Article 46(1) of that Order with the Health and Safety Agency for Northern Ireland and such other bodies as appeared to it to be appropriate, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

—

• (1) These Regulations may be cited as the Lifting Plant and Equipment (Records of Test and Examinations etc.) Regulations (Northern Ireland) 1993 and shall come into operation on 1st January 1994.

• (2) For the purposes of these Regulations (including any enactment amended by these Regulations) a record need not be a document.

Contents of records

2

—

• (1) Where, under a provision specified in column 3 of Part I of Schedule 1, a record is required to be obtained, kept or made following a test, test and examination or test and thorough examination carried out after the coming into operation of these Regulations, that record shall contain, in each case, the particulars specified in Part III of Schedule 1.

• (2) Where, under a provision specified in column 3 of Part I of Schedule 1, a record is required to be obtained, kept or made following a thorough examination carried out after the coming into operation of these Regulations, that record shall contain the particulars specified in Part IV of Schedule 1.

• (3) The record required to be kept pursuant to section 27(1)(g) of the Factories Act (Northern Ireland) 1965[^f00003] shall, in respect of any chains, ropes or lifting tackle subject to the provisions of that paragraph and first used after the coming into operation of these Regulations, contain the particulars specified in Part V of Schedule 1.

• (4) Where, under a provision specified in column 3 of Part II of Schedule 1, a record is required to be made or sent to a specified person following a thorough examination carried out after the coming into operation of these Regulations, that record shall contain the particulars specified in Part VI of Schedule 1.

Accuracy of particulars

3

Any particulars required by regulation 2 or by virtue of the Docks Regulations (Northern Ireland) 1989[^f00004] shall be correctly recorded.

Authentication of records

4

Any record containing particulars required by regulation 2 or by virtue of the Docks Regulations (Northern Ireland) 1989—

• (a) shall be authenticated by a person who is in a position to declare that the particulars contained in it are correct; and

• (b) may be authenticated by signature or other equally effective means.

Amendments

5

The Act and Regulations specified in Schedule 2 shall be amended to the extent specified therein.

Saving provisions

6

—

• (1) Any record obtained, kept, made or sent to a specified person following a test, test and examination, test and thorough examination or thorough examination carried out under a provision specified in column 3 of Part I or II of Schedule 1 or of section 27(1)(g) of the Factories Act (Northern Ireland) 1965 before the coming into operation of these Regulations shall contain the same particulars as would have been required if these Regulations (including the revocations effected by these Regulations) had not been made.

• (2) Any certificate, register or report which, immediately before the coming into operation of these Regulations, satisfied the requirements of any of the provisions specified in column 3 of Part I or II Schedule 1 or of section 27(1)(g) of the Factories Act (Northern Ireland) 1965 shall be deemed to satisfy those requirements after such coming into operation.

Revocations

7

The instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.

SCHEDULE 1 — REQUIREMENTS FOR A RECORD TO BE OBTAINED, KEPT, MADE OR SENT TO A SPECIFIED PERSON FOLLOWING ANY TEST, TEST AND EXAMINATION, TEST AND THOROUGH EXAMINATION OR THOROUGH EXAMINATION

Part I — Provisions requiring a record to be obtained, kept or made following any test, test and examination, test and thorough examination or thorough examination

(1)	(2)	(3)
Short title of enactment	Reference	Provision
Construction (Lifting Operations) Regulations (Northern Ireland) 1963	S.R. & O. (N.I.) 1963 No. 86; modified by S.R. 1979 No. 246	Regulations 19(4), 28(5) and (6), 34(1)(b), 35, 40, 46(1)(a) and (b) and 46(2).
Factories Act (Northern Ireland) 1965	1965 c. 20; modified by S.R. 1979 No. 246	Sections 27(1)(e) and 28(2) and (6).
Shipbuilding and Shiprepairing Regulations (Northern Ireland) 1971	S.R. & O. (N.I.) 1971 No. 372; modified by S.R. 1979 No. 246 Regulations 33(1) and (2), 35(1) and (2) and 36(1) and (2).

Part II — Provisions requiring a record to be made or sent to a specified person following a thorough examination

(1)	(2)	(3)
Short title of enactment	Reference	Provision
Factories Act (Northern Ireland) 1965	1965 c. 20 (N.I.)	Section 23(2).
Office and Shop Premises (Hoists and Lifts) Regulations (Northern Ireland) 1969	S.R. & O. (N.I.) 1969 No. 26; modified by S.R. 1979 No. 284	Regulation 6(1).

Part III — Particulars to be contained in a record required to be obtained, kept or made under any provision specified in column 3 of Part I following any test, test and examination or test and thorough examination

1

The description, date of manufacture, identification mark and location of the equipment referred to.

2

The safe working load and (where relevant) corresponding radii, jib lengths and counterweights.

3

Details of the test, test and examination or test and thorough examination carried out.

4

The date of completion of the test, test and examination or test and thorough examination.

5

A declaration that the information is correct and that the equipment has been tested, tested and examined or tested and thoroughly examined in accordance with the appropriate provisions and is found free from any defect likely to affect safety.

6

The name and address of the owner of the equipment referred to.

7

The name and address of the person declaring that the test, test and examination or test and thorough examination has been carried out.

8

The date of making of the record of the test, test and examination or test and thorough examination.

9

A number or other means of identifying the record.

Part IV — Particulars to be contained in records required to be obtained, kept or made under any provision specified in column 3 of Part I following a thorough examination

1

The description, identification mark and location of the equipment referred to.

2

The date of last thorough examination and number or other identification of the record of such thorough examination.

3

The safe working load and (where relevant) corresponding radii.

4

The date of the most recent test and examination or test and thorough examination and the date and number or other identification of the record of it.

5

Details of any defects found and, where appropriate, a statement of the time by when each defect shall be rectified.

6

The date of completion of the thorough examination.

7

The latest date by which the next through examination should be carried out.

8

A declaration that the information is correct and that the equipment has been thoroughly examined in accordance with the appropriate provisions and is found free from any defect likely to affect safety other than any such defect recorded by virtue of paragraph 5.

9

The name and address of the owner of the equipment.

10

The name and address of the person responsible for the thorough examination.

11

The date of making of the record of the thorough examination.

12

The name and address of the person who authenticates the record.

13

A number or other means of identifying the record.

Part V — Particulars to be contained in a record required to be kept pursuant to section 27(1)(g) of the Factories Act (Northern Ireland) 1995

1

The description identification mark and location of the equipment referred to in section 27(1)(g) of the Factories Act (Northern Ireland) 1965.

2

The safe working load and (where relevant) corresponding radii of such equipment.

3

Details and date of completion of the test and examination made under section 27(1)(e) of the Factories Act (Northern Ireland) 1965.

4

Details and date of completion of each thorough examination made under section 27(1)(d) of the Factories Act (Northern Ireland) 1965.

5

Details of any defect found and, where appropriate, a statement of the time by when each defect shall be rectified.

6

The date of making of the record required to be obtained under section 27(1)(e) of the Factories Act (Northern Ireland) 1965 and the number or other identification of such record.

7

The latest date by which the next thorough examination under section 27(1)(d) of the Factories Act (Northern Ireland) 1965 should be made.

8

The name and address of the owner of the equipment referred to.

9

The name and address of the person responsible for the test and examination made under section 27(1)(e) of the Factories Act (Northern Ireland) 1965 or the examination made under section 27(1)(d) thereof.

10

The name and address of the person who authenticates the record.

11

A number or other means of identifying the record.

Part VI — Particulars to be contained in a record required to be made or sent to a specified person under any provision specified in column 3 of Part II following a thorough examination

1

The description, identification mark and location of the hoist or lift referred to.

2

The date of the last thorough examination and number or other identification of the record of such thorough examination.

3

The safe working load.

4

Details of any parts which were inaccessible.

5

Details of any defects found in the following:

• (a) enclosure of hoistway or liftway;

• (b) landing gate and cage gate;

• (c) interlocks on the landing gate and cage gate;

• (d) other gate fastenings;

• (e) cage or platform and fittings, cage guides, buffers, interior of the hoistway or liftway;

• (f) over-running devices;

• (g) suspension ropes or chains, and their attachments;

• (h) safety gear, that is to say, arrangements for preventing fall of platform or cage;

• (i) brakes;

• (j) worm or spur gearing;

• (k) other electrical equipment;

• (l) other parts; and

where appropriate, a statement of the time by when each defect shall be rectified.

6

The date of completion of the thorough examination.

7

Latest date by which the next thorough examination should be made.

8

A declaration that the information is correct and that the equipment has been examined in accordance with the appropriate provisions and is found free from any defect likely to affect safety other than any such defect recorded by virtue of paragraph 5.

9

The name and address of the owner of the hoist or lift referred to.

10

The name and address of the person responsible for the thorough examination.

11

The date of making of the record of the thorough examination.

12

The name and address of the person who authenticates the record.

13

A number or other means of identifying the record.

SCHEDULE 2 — AMENDMENTS

1

The Construction (Lifting Operations) Regulations (Northern Ireland) 1963[^f00005] shall be amended as follows—

• (a) in regulation 19(4), for the final sentence, substitute—

A record of every such test and the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made forthwith

• (b) In regulation 23(2), for “certificate of test and examination”, substitute—

record of the results of any test and thorough examination

• (c) for regulation 28(5), substitute the following paragraph—

(5) No crane, crab winch, pulley block or gin wheel shall be used unless there has been obtained a record of any test and thorough examination required by paragraphs (1) and (2) and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993

• (d) for regulation 28(6), substitute the following paragraph—

(6) A record of every test or thorough examination required by paragraphs (1) to (3), containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days: - Provided that this paragraph shall not apply to a test or thorough examination of which a record has been obtained in accordance with paragraph (5)

• (e) for regulation 28(7) substitute the following paragraph—

(7) The person authenticating the record of any test or examination required by paragraphs (1) to (3) shall within twenty-eight days of the completion of the test or examination send a copy of the particulars in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision in every case where the test or examination shows that the plant or equipment cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.

• (f) for regulation 34(1)(b), substitute the following sub-paragraph—

(b) (except in the case of a wire rope used before the commencement of these Regulations or a fibre rope or fibre rope sling) it has been tested and examined by a competent person and a record of such test and examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained; and

• (g) in regulation 34(2), for “report”, in each place where that word occurs, substitute “record”;

• (h) in regulation 35—

• (i) for the words from “in the prescribed form” to “specifying the safe working load:”, substitute the following—

a record of such test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993:

, and

• (ii) for “certification”, substitute “obtaining a record”;

• (i) in regulation 40, for the final sentence, substitute the following—

A record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made forthwith.

• (j) in regulation 46(1)(a), for the words from “and there has been obtained” to the end, substitute the following—

and a record of such test and thorough examination, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained;

• (k) in regulation 46(1)(b), for the words from “and a report of the results” to the end, substitute the following—

and a record of results of such test and thorough examination, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been made; and

• (l) for regulation 46(2), substitute the following paragraph—

(2) A record of every thorough examination required by sub-paragraph (c) of the foregoing paragraph and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days.

• (m) for regulation 46(3), substitute the following paragraph—