(1) A manufacturer, importer, distributor, owner or operator may only place or make available on the market, put into service or use equipment if it ensures that the equipment meets the requirements of the Dangerous Goods Directive.

(2) On receipt of a request from the Health and Safety Executive, a manufacturer, importer, distributor, owner or operator must identify to the Executive any manufacturer, importer, distributor or owner who has supplied it with, or to whom it has supplied, equipment over at least the previous 10 years.

(3) A request made pursuant to paragraph (2) must—

(a) be in writing; and

(b) contain a date by which a response is to be provided with that date being reasonable in all the circumstances.

(4) Paragraph (5) applies where a manufacturer, importer, distributor or owner provides to an operator information about equipment it has placed or made available on the market, or put into service.

(5) The information must comply with—

(a) the Annexes in respect of UK TPE; or

(b) the Directives in respect of pi marked TPE and Northern Ireland TPE.

(6) This regulation does not apply to an owner who is a private individual using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.

Obligations of Manufacturers

19B

(1) This regulation applies to equipment bearing the pi marking that a manufacturer has placed on the GB market prior to 1st January 2023 .

(2) Where a manufacturer knows or has reason to believe that equipment bearing the pi marking that it has placed on the market does not comply with the Directives, that manufacturer must—

(a) take immediate corrective measures to ensure that the equipment complies with the Directives;

(b) withdraw the equipment from the market; or

(3) Where a manufacturer considers that equipment it has placed on the market presents a risk, that manufacturer must immediately inform the TPED competent authority for any relevant territory on which the equipment has been placed of the risk, including providing details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

(4) A manufacturer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(5) On receipt of a reasoned request from a TPED competent authority, a manufacturer must—

(a) provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

(b) cooperate with that authority in any action it takes to eliminate risks posed by that equipment.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligations of Importers

19C

(A1) This regulation applies to equipment bearing the pi marking that a manufacturer has placed on the GB market prior to 1st January 2023.

(1) An importer must ensure that—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the conditions in which equipment under the responsibility of the importer is stored and transported do not jeopardise the equipment’s compliance with the Dangerous Goods Directive; and

(e) the technical documentation specified in the Dangerous Goods Directive is kept for the period set out in that Directive.

(2) Where an importer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that importer must—

(a) take immediate corrective measures to ensure that the equipment complies with the Directives;

(b) withdraw the equipment from the market; or

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where an importer considers that equipment it has placed on the market presents a risk, that importer must immediately inform the manufacturer and the TPED competent authority for any relevant territory on which the equipment has been placed of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

(5) An importer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(6) On receipt of a reasoned request from a TPED competent authority, an importer must—

(a) provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

(b) cooperate with that authority in any action taken to eliminate risks posed by that equipment.

Obligations of Distributors

19D

(A1) This regulation applies to equipment bearing the pi marking , and Northern Ireland TPE, that a distributor has made available on the GB market.

(1) A distributor must ensure that the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Directives.

(2) Where a distributor knows or has reason to believe that equipment it made available on the market does not comply with the Directives, that distributor must—

(a) take immediate corrective measures to ensure that the equipment complies with the Directives;

(b) withdraw the equipment from the market; or

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a distributor considers that equipment it has made available on the market presents a risk, that distributor must immediately inform—

(a) the manufacturer or the importer; and

(b) the TPED competent authority for any relevant territory on which the equipment has been made available,

of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

(5) A distributor must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(6) On receipt of a reasoned request from a TPED competent authority, a distributor must—

(a) provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

(b) cooperate with that authority in any action taken to eliminate risks posed by that equipment.

Obligations of Owners

19E

(1) An owner must ensure that equipment for which it is responsible is stored and transported in conditions that do not jeopardise the compliance of that equipment with the Dangerous Goods Directive.

(2) Where an owner considers that the owner’s equipment presents a risk, it must inform—

(a) the manufacturer, importer or distributor; and

(b) the Health and Safety Executive,

of the risk.

(2A) An owner of UK TPE must record each instance of non-compliance with—

(a) this regulation;

(b) regulation 21A; or

and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(3) An owner of pi marked TPE , or Northern Ireland TPE, must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(4) This regulation does not apply to private individuals using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.

Obligations of Operators

19F

Where an operator considers that equipment presents a risk, that operator must inform the owner and the Health and Safety Executive of the risk.

Authorised Representatives

Reassessment of conformity

Periodic inspection and repeated use

Misleading and other markings

Duty to Review

34

(1) The Secretary of State must—

(a) conduct a review of the operation and effect of these Regulations;

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

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

(3) The report must in particular—

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

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

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

(4) “Review period” means—

(a) the period of five years beginning with the day on which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 come into force; and

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

Offences in connection with the civil carriage of class 7 goods

32A

(1) It is an offence for a person to contravene—

(a) any provision of these Regulations as they apply to the civil carriage of class 7 goods, or

(b) any requirement or prohibition imposed under any provision of these Regulations as they apply to such carriage (including any requirement or prohibition to which that person is subject by virtue of the terms of or any condition or restriction attached to any approval, exemption or other authority issued, given or granted under them).

(2) A person who commits an offence under this regulation is liable—

(a) on summary conviction to—

(i) imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court , or

(ii) a fine, or

(iii) both;

(b) on conviction on indictment to—

(i) imprisonment for a term not exceeding two years, or

(ii) a fine, or

(iii) both.

(3) Paragraphs (4) and (5) make transitional modifications to paragraph (2) as it applies to England and Wales.

(4) In relation to an offence committed before 2nd May 2022, the reference in paragraph (2)(a)(i) to imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court is to be read as reference to imprisonment for a term not exceeding six months.

(5) In relation to an offence committed before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court) the reference to a fine in paragraph (2)(a)(ii) is to be read as a reference to a fine not exceeding £20,000.

Revocation

Duty to Review

PART4A — Control of Volatile Organic Compounds

Interpretation of Part 4A

23A

In this Part—

“petrol” means any petroleum derivative, with or without additives, having a Reid vapour pressure of 27.6 kilopascals or more, which is intended for use as a fuel for motor vehicles, except liquefied petroleum gas (LPG);

“tank” means a container designed and operated so that residual vapours are retained in the container after the unloading of the petrol.

Approved tank requirements

23B

(1) The Secretary of State must approve and publish approved tank requirements, which must contain—

(a) the requirements for the design and construction of tanks for the carriage of petrol;

(b) the requirements for the filling of such tanks; and

(2) The Secretary of State may revise the approved tank requirements and, when doing so, must within 3 months of the date of that approval, publish in such a matter as the Secretary of State considers appropriate, a notice specifying—

(a) the revision;

(b) the date on which it was approved; and

(c) the date on which it takes effect, the date of which must be not less than 6 months after the date of the approval of the revision.

Duty to comply with the approved tank requirements

23C

(1) The operator of any tank which is intended to be, or is being, used for the carriage of petrol must take all reasonable steps to ensure that such of the requirements specified in the approved tank requirements as are relevant to that tank are complied with.

(2) Any person who designs, manufactures, imports, supplies, modifies, repairs, examines, tests, certifies or fills any tank which is intended to be, or is being, used for the carriage of petrol, must ensure, insofar as they are matters within that person’s control, that such of the requirements specified in the approved tank requirements as are relevant to that tank are complied with.

Radiation emergencies and notifiable events

PART 1 — Radiation Emergencies

Interpretation of Part 1

Evaluation and risk assessment

Emergency plans

Principles and purposes of emergency plans

Review and testing of emergency plan

Duties of drivers, escort commanders, masters, carriers and consignors in the event of a radiation emergency

Emergency exposures: employees

Disapplication of dose limits

8

(1) Regulation 12 of the 2017 Regulations does not apply to an emergency worker, where that emergency worker—

(a) is engaged in preventing the occurrence of a radiation emergency; or

(b) is acting to mitigate the consequences of a radiation emergency.

(2) An emergency worker may be exposed to an effective dose not exceeding 500mSv whilst they are undertaking the activities set out in sub-paragraph (1).

Reference levels

9

(1) The carrier and consignor must ensure the emergency plan prioritises keeping doses below a 100 mSv reference level or the emergency specific reference level if applicable.

(2) Where the response to a radiation emergency is underway, specific reference levels, to optimise the response, may be determined by the relevant local authority in whose area the radiation emergency has taken place and in whose area the response is taking place.

(3) In determining a specific reference level under sub-paragraph (2), the relevant local authority must take advice from the person coordinating the response to the radiation emergency.

Packages involved in a radiation emergency

10

A package which has been involved in a radiation emergency must not be carried or caused to be carried, unless—

(a) the consignor or the consignor’s agent has examined the package; and

(b) the consignor has issued a certificate indicating that the consignor is satisfied the package complies with the requirements of these Regulations.

Prior information to the public

11

(1) The GB Competent Authority must make available to the public information about the nature and effect of a radiation emergency.

(2) The information to be provided under sub-paragraph (1) must include—

(a) basic facts about radioactivity and its effects on persons and on the environment;

(b) the consequences of a radiation emergency;

(d) appropriate information on action to be taken by the general public in the event of a radiation emergency; and

(e) the authority or authorities responsible for implementing the emergency measures and actions referred to in paragraphs (c) and (d).

Duty to provide handover report to the authority responsible for recovery following a radiation emergency

12

(1) The consignor of class 7 goods involved in a radiation emergency must—

(a) prepare a handover report; and

(b) provide a copy of the handover report to the recovery authority.

(2) For the purposes of this paragraph “handover report” means a report about a radiation emergency which—

(a) includes the details of the incident giving rise to the emergency;

(b) states whether the emergency plan was initiated and if so, state the actions (if any) taken by the driver, the escort commander, the carrier, the master and the consignor to assist in the handling of the radiation emergency;

(c) states whether any part of the load involved in the emergency was contaminated and if so, state the steps taken by the consignor to arrange for—

(i) the safe disposal of the relevant part of the load; and

(ii) the decontamination of the relevant vehicle, train or vessel;

(d) states any anticipated effects of the radiation emergency on the environment;

(e) includes any other information which the consignor considers may assist in the transition from an emergency state.

(3) The consignor must consult the carrier of the relevant class 7 goods when preparing the handover report.

(4) The consignor must prepare the handover report and deliver it to the recovery authority as soon as reasonably practicable after the completion of the examination required by paragraph 6(5).

(5) In this regulation, “recovery authority”—

(a) in relation to a radiation emergency occurring in England, means the Secretary of State;

(b) in relation to a radiation emergency occurring in Wales, means the Welsh Ministers;

PART 2 — Notifiable Events

Duties of drivers, carriers and consignors in the event of a notifiable event

13

(1) The driver of a vehicle or train, or the master of a vessel, carrying class 7 goods who discovers, or has reason to believe, that a notifiable event has occurred in relation to the vehicle, train or vessel must, as soon as reasonably practicable, notify—

(a) the police; and

(b) the consignor.

(2) If the carrier of any class 7 goods becomes aware of the occurrence of a notifiable event in relation to those goods the carrier must, as soon as reasonably practicable, notify—

(a) the police, if the driver, escort commander or master has not already done so; and

(b) the GB Competent Authority.

(3) If the consignor of any class 7 goods becomes aware of the occurrence of a notifiable event in relation to those goods the consignor must, as soon as reasonably practicable, notify—

(a) the police, unless the driver, the escort commander, the carrier or the master has already done so; and

(b) the GB Competent Authority, unless the carrier has already done so.

(4) If a notifiable event occurs the carrier must ensure that, as soon as reasonably practicable, a report is made to the GB Competent Authority.

(5) The report required under sub-paragraph (4)—

(a) must be in a form approved by the GB Competent Authority; and

(b) must contain all relevant information which the GB Competent Authority has communicated to the carrier that it considers necessary.

(6) In this paragraph, “notifiable event” means the theft or loss of the class 7 goods being carried.

Exceptions

11A

(1) The Secretary of State may issue an exception from the requirements and prohibitions arising under Part 2 of these Regulations when satisfied that safety would not be compromised and either—

(a) the carriage is of small quantities of dangerous goods and the substances have neither a medium nor high level of radioactivity;

(b) the carriage is national carriage over short distances; or

(i) forming part of a defined industrial process; and

(ii) being closely controlled under clearly specified conditions.

(2) An exception issued under paragraph (1) must not be for a period exceeding 6 years from the date of issue.

(3) Prior to issuing an exception, the Secretary of State—

(a) must consult—

(i) the GB competent authority; and

(ii) the Office of Rail and Road in respect of carriage by rail where that body is an enforcing authority pursuant to regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006; and

(b) may consult—

(i) the authorities identified in regulation 32 as being enforcing authorities for the carriage concerned, where that authority is not consulted pursuant to sub-paragraph (a); and

(ii) such other bodies as appear to the Secretary of State to be appropriate.

(4) The Secretary of State may renew, and in doing so may amend, an exception for a further period not exceeding six years from the date of renewal.

(5) The Secretary of State may not bring to an end, or substantially alter, an exception unless those who might be affected have been consulted.

(6) This regulation does not limit the power to issue an authorisation under regulation 12(1).

Documentation of exemptions and exceptions

11B

(1) Where any—

(a) exemption is granted pursuant to regulation 11(1); or

(b) exception is issued pursuant to regulation 11A(1),

that exemption or exception is to be set out in a document called “Carriage of Dangerous Goods: Approved Derogations, Transitional Provisions and Exceptions”.

(2) The document may be revised in whole or in part from time to time.

(3) In the document the Secretary of State must set out—

(a) the types of carriage to which the exemption or exception applies;

(b) the circumstances in which the exemption or exception applies;

(d) any requirements and prohibitions that apply instead; and

(e) in the case of an exception, the date upon which it was first issued, the dates of any renewals under regulation 11A(4) and the date the exception is due to expire.

Authorisations

Reference temperatures and standards

Old pressure receptacles

Carriage within the perimeter of an enclosed area

Carriage by road other than by vehicles

Nuclear material

Obligations of Manufacturers prior to placing equipment on the GB market

19AA

(1) A manufacturer of equipment to be placed on the GB market must comply with paragraph (2) or (3).

(2) Where it is intended that the equipment becomes UK TPE, the manufacturer must—

(a) ensure a conformity assessment is carried out by an appointed body;

(b) mark equipment in accordance with regulation 22B; and

(i) section 1.8.7 of ADR; or

(ii) section 1.8.7 of RID,

for the period specified in those Agreements.

(3) Where it is intended that the equipment becomes Northern Ireland TPE, the manufacturer must—

(a) ensure a conformity assessment is carried out by a notified body;

(b) mark equipment in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive; and

(c) keep the technical documentation specified in the Dangerous Goods Directive for the period specified in that Directive.

Obligations of Manufacturers after placing UK TPE on the GB market

19AB

(1) This regulation applies to equipment bearing the UK TPE marking and Northern Ireland TPE that a manufacturer has placed on the GB market.

(2) Where a manufacturer knows or has reason to believe that the equipment does not comply with regulation 19AA(2) or the Annexes or with regulation 19AA(3) (as applicable) , that manufacturer must—

(a) take immediate corrective measures to ensure that the equipment complies with—

(i) regulation 19AA(2) and the Annexes, in respect of UK TPE; or

(ii) regulation 19AA(3) and the Annexes, in respect of Northern Ireland TPE;

(b) withdraw the equipment from the market; or

(3) Where a manufacturer considers that the equipment presents a risk, that manufacturer must immediately inform the GB competent authority and Northern Ireland competent authority of—

(a) the risk, including providing details of any non-compliance with—

(i) regulation 19AA(2) or the Annexes, in respect of UK TPE; and

(ii) regulation 19AA(3) or the Annexes, in respect of Northern Ireland TPE;”,

(b) any action taken in accordance with paragraph (2).

(4) A manufacturer must record—

(a) each instance of non-compliance with—

(i) regulation 19AA(2) or the Annexes, in respect of UK TPE; and

(ii) regulation 19AA(3) or the Annexes, in respect of Northern Ireland TPE;”,

(b) any corrective measure taken,

and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(5) On receipt of a reasoned request from the GB competent authority, a manufacturer must—

(a) provide that authority with all information and documents necessary to show that the equipment meets the requirements of—

(i) regulation 19AA(2) and the Annexes, in respect of UK TPE; or

(ii) regulation 19AA(3) and the Annexes, in respect of Northern Ireland TPE;”.

(b) cooperate with that authority in any action it takes to eliminate risks posed by that equipment.

Obligations of Manufacturers after placing UK TPE or Northern Ireland TPE on the GB market

Application of regulations 19AA to 19B to Importers or Distributors

19BA

Regulations 19AA to 19B apply to an importer or a distributor as if that person were a manufacturer where the importer or distributor—

(a) places equipment on the GB market under the importer or distributor’s own name or trademark; or

(b) modifies equipment already placed on the GB market in such a way that it may affect compliance—

(i) of UK TPE with these Regulations or the Annexes; or

(ii) of pi marked TPE or Northern Ireland TPE with the Directives.

Obligations of Importers prior to placing equipment on the GB market

19BB

(1) Before placing equipment on the GB market, an importer must ensure that—

(a) the equipment has been marked in accordance with—

(i) regulation 22B , in respect of equipment which an importer intends to place on the GB market as UK TPE; or

(ii) articles 14 and 15 of the Transportable Pressure Equipment Directive , in respect of equipment which an importer intends to place on the GB market as Northern Ireland TPE;

(b) the manufacturer has complied with conformity assessment and drawn up the technical documentation in accordance with—

(i) the Annexes, in respect of UK TPE; or

(ii) the Dangerous Goods Directive, in respect of Northern Ireland TPE; and

(c) the certificate of conformity for the equipment either contains the name and address of the importer or has this information attached to it.

(2) Where an importer considers that equipment presents a risk before it has been placed on the GB market, that importer must inform the manufacturer and the Health and Safety Executive of the risk.

Obligations of Importers after placing UK TPE on the GB market

19BC

(1) This regulation applies to equipment bearing the UK TPE marking that an importer has placed on the GB market.

(2) The importer must ensure that—

(a) the conditions in which equipment under the responsibility of the importer is stored and transported do not jeopardise the equipment’s compliance with the Annexes; and

(b) the technical documentation specified in the Annexes is kept for the period set out in that Directive.

(3) Where an importer knows or has reason to believe that equipment it has placed on the GB market does not comply with—

(a) this regulation;

(b) regulation 19BB(1)(a)(i), (b)(i) or (c); or

that importer must act as required by paragraph (4).

(4) The actions required by paragraph (3) are to—

(a) take immediate corrective measures to ensure that the equipment complies with—

(i) this regulation;

(ii) regulation 19BB(1)(a)(i), (b)(i) or (c); and

(iii) the Annexes;

(b) withdraw the equipment from the market; or

(5) Where an importer considers that equipment it has placed on the GB market presents a risk, that importer must immediately inform the manufacturer, the GB competent authority and Northern Ireland competent authority of the risk, including details of any non-compliance with—

(a) this regulation;

(b) regulation 19BB(1)(a)(i), (b)(i) or (c); or

and any action taken in accordance with paragraph (4).

(6) An importer must record each instance of non-compliance with—

(a) this regulation;

(b) regulation 19BB(1)(a)(i), (b)(i) or (c); or

and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(7) On receipt of a reasoned request from the GB competent authority, an importer must—

(a) provide that authority with all information and documents necessary to show that the equipment meets the requirements of—

(i) this regulation;

(ii) regulation 19BB(1)(a)(i), (b)(i) or (c); and

(iii) the Annexes;

(b) cooperate with that authority in any action taken to eliminate risks posed by that equipment.

Obligations of Importers after placing pi marked TPE on the GB market

Obligations of Distributors prior to making equipment available on the GB market

19CA

(1) Before making transportable pressure equipment available on the GB market, a distributor must ensure that—

(a) the equipment has been marked in accordance with—

(i) regulation 22B , in respect of equipment which a distributor intends to make available on the GB market as UK TPE; or

(ii) articles 14 and 15 of the Transportable Pressure Equipment Directive , in respect of equipment which a distributor intends to make available on the GB market as pi marked TPE and which was placed on the GB market prior to 1st January 2023, and in respect of equipment which a distributor intends to make available on the GB market as Northern Ireland TPE; and

(b) the certificate of conformity for the equipment either contains the name and address of the importer or has this information attached to it.

(2) Where a distributor considers that equipment presents a risk before it has been made available on the GB market, that distributor must inform—

(a) the manufacturer or the importer; and

(b) the Health and Safety Executive

of the risk.

Obligations of Distributors after making UK TPE available on the GB market

19CB

(1) This regulation applies to equipment bearing the UK TPE marking that a distributor has made available on the GB market.

(2) The distributor must ensure that the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Annexes.

(3) Where a distributor knows or has reason to believe that equipment does not comply with—

(a) this regulation;

(b) regulation 19CA(1)(a)(i) or (b); or

that distributor must act as required by paragraph (4).

(4) The actions required by paragraph (3) are to—

(a) take immediate corrective measures to ensure that the equipment complies with—

(i) this regulation;

(ii) regulation 19CA(1)(a)(i) or (b); and

(iii) the Annexes;

(b) withdraw the equipment from the market; or

(5) Where a distributor considers that equipment it has made available on the GB market presents a risk, that distributor must immediately inform the manufacturer, the GB competent authority and Northern Ireland competent authority of the risk, including details of any non-compliance with—

(a) this regulation;

(b) regulation 19CA(1)(a)(i) or (b); or

and any action taken in accordance with paragraph (4).

(6) A distributor must record each instance of non-compliance with—

(a) this regulation;

(b) regulation 19CA(1)(a)(i) or (b); or

and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(7) On receipt of a reasoned request from the GB competent authority, a distributor must—

(a) provide that authority with all information and documents necessary to show that the equipment meets the requirements of—

(i) this regulation;

(ii) regulation 19CA(1)(a)(i) or (b); and

(iii) the Annexes;

(b) cooperate with that authority in any action taken to eliminate risks posed by that equipment.

Obligations of Distributors after making UK TPE available on the GB market

Obligations of Owners

Obligations of Operators

Authorised Representatives

Reassessment of conformity – UK TPE

20A

(1) This regulation applies to transportable pressure equipment which does not bear the conformity markings provided for in—

(a) regulation 22B;

(b) the Transportable Pressure Equipment Directive; or

for the purposes of reassessment of conformity.

(2) Equipment may be reassessed for conformity in accordance with this regulation.

(3) The equipment is to be—

(a) reassessed by a type A appointed body in accordance with the procedure set out in Annex III to the Transportable Pressure Equipment Directive, subject to the modifications in paragraph (6); and

(b) inspected by an appointed body appointed for periodic inspection of that equipment and marked in accordance with the requirements of regulation 22B.

(4) If a pressure receptacle has been manufactured in series to a design type for which a—

(a) type A notified body notified for; or

(b) type A appointed body appointed for

reassessment of conformity has issued a certificate of type reassessment, the reassessment of conformity may be undertaken by an appointed body appointed for periodic inspection of that pressure receptacle.

(5) In this regulation—

(a) “certificate of type reassessment” means a certificate issued in accordance with paragraph 6 of Annex III to the Transportable Pressure Equipment Directive, subject to the modifications in paragraph (6); and

(b) “type A appointed body” means an appointed body conforming to standard EN ISO/IEC 17020 type A as revised or reissued from time to time.

(6) The modifications referred to in paragraphs (3)(a) and (5)(a) apply to Annex III to the Transportable Pressure Equipment Directive and are that—

(a) any reference to “a notified body” is to be read as a reference to an appointed body;

(b) any reference to a “type A notified body” is to be read as a reference to a type A appointed body;

(d) any reference to the “pi marking” is to be read as a reference to the UK TPE marking; and

(e) any reference to “Member States” is to be read as a reference to the GB competent authority.

Reassessment of conformity - pi marked TPE

UK TPE - Periodic inspection and repeated use

21A

(1) This regulation applies to UK TPE, for the purposes of its periodic inspections, intermediate inspections, exceptional checks and use.

(2) If the equipment bears the marking provided for in regulation 22B, it is to be subject to—

(a) periodic inspection; and

(b) if required by ADR or RID, intermediate inspection,

in accordance with the frequency identified as being applicable to that type of equipment in Chapter 6.2 of ADR or Chapter 6.2 of RID.

(3) The periodic inspection or, where necessary, intermediate inspection must be conducted by an appointed body.

(4) The date of the periodic inspection or intermediate inspection, must be marked on the equipment along with the identification number of the appointed body responsible for the inspection.

Periodic inspection - pi marked TPE and repeated use

Conversion of pi marked TPE to UK TPE

22A

(1) This regulation applies to equipment bearing the pi marking—

(a) that is due to be subject to a periodic or intermediate inspection in accordance with the requirements of the Dangerous Goods Directive;

(b) that will, following the inspection, not be used for carriage within the territory of an EU member State other than for the transport of dangerous goods between EU member States and non-member States, where that carriage—

(i) complies with the requirements of the ADR or RID, and

(ii) is not prohibited within the Annexes; and

(2) The inspection must be conducted by an appointed body.

(3) The equipment must be marked in accordance with regulation 22B and, adjacent to that marking, be marked with—

(a) the date of the periodic inspection or, where appropriate, the intermediate inspection, and

(b) the identification number of the appointed body responsible for the periodic or intermediate inspection.

UK TPE marking

22B

(1) The Secretary of State must publish the form of the UK TPE marking as set out in Schedule 1A on the Gov.uk website (www.gov.uk).

(2) Schedule 1A (UK TPE marking) has effect.

(3) The UK TPE marking may not be affixed to a product unless these Regulations provide for its affixing.

Misleading and other markings

Functions of the GB competent authority arising under Part 6

26A

(1) This regulation applies in respect of UK TPE when the GB competent authority is informed by—

(a) a manufacturer, pursuant to regulation 19AB(3), that it has reason to believe that equipment it has placed on the GB market, does not comply with regulation 19AB(2);

(b) an importer, pursuant to regulation 19BC(5), that it has reason to believe that equipment it has placed on the GB market, does not comply with regulation 19BC(3); or

(c) a distributor, pursuant to regulation 19CB(5), that it has reason to believe that equipment it has made available on the GB market, does not comply with regulation 19CB(3).

(2) When provided with the information identified in paragraph (1), the GB competent authority must inform—

(a) the TPED competent authority for each EU member State; and

(b) the European Commission,

including information about the equipment presenting the risk and measures taken in relation to that equipment by the economic operator concerned.

Fees in relation to functions of the GB competent authority

GB competent authority functions relating to reference temperatures and standards

Appointments by the GB competent authority

Certain functions to be deemed to have been performed by the GB competent authority

SCHEDULE 1A — UK TPE marking

1

The UK TPE marking consists of the Greek letter “rho” taking the following form—

2

Where the marking is reduced or enlarged, the proportions given in the graduated drawing in paragraph 1 must be respected.

3

The grid does not form part of the marking.

4

Subject to paragraph 5, the marking must be at least 5 millimetres high.

5

For UK TPE with a diameter less than or equal to 140 millimetres, the minimum height shall be 2.5 millimetres.

Appointment of notified bodies as appointed bodies

2A

(1) An inspection body that, prior to IP completion day, was a notified body established only in Great Britain, must be appointed by the GB competent authority as an appointed body.

(2) Any conditions or limitation of appointment period imposed upon that body by virtue of paragraph 2(2) or (3) of this Schedule must continue to apply.

(3) The GB competent authority must assign to an appointed body the notified body identification number that had previously been assigned to them by the European Commission under article 23(1) of the Transportable Pressure Equipment Directive.

Fees that may be charged by appointees

The inspection of appointees

Prohibition on placing or making available certain transportable pressure equipment on the GB market on or after 1st January 2023

19AZA

(1) A manufacturer, importer, or distributor may only place equipment on the GB market on or after 1st January 2023 if the equipment is UK TPE or Northern Ireland TPE.

(2) Subject to paragraph (3), a manufacturer, importer, or distributor may only make equipment available on the GB market on or after 1st January 2023 if the equipment—

(a) is UK TPE or Northern Ireland TPE; or

(b) is pi marked TPE which was placed on the market prior to 1st January 2023.

(3) Where a conformity assessment has been carried out in relation to equipment by a notified body prior to IP completion day, a manufacturer, importer or distributor may only place the equipment on the market where—

(a) the manufacturer arranges for the notified body conformity assessment and any technical documentation to be transferred to an appointed body;

(b) the appointed body referred to in sub-paragraph (a) accepts responsibility for the notified body conformity assessment; and

(c) the appointed body issues a certificate of conformity relying, or relying in part, on any examinations or tests undertaken prior to the issue of the notified body conformity assessment.

Obligations of Manufacturers prior to placing equipment on the GB market

Obligations of Manufacturers after placing pi marked TPE on the GB market

Application of regulations 19AA to 19B to Importers or Distributors

Obligations of Importers prior to placing equipment on the GB market

Obligations of Importers after placing UK TPE on the GB market

Obligations of Importers after placing pi marked TPE on the GB market

Obligations of Distributors prior to making equipment available on the GB market

Obligations of Distributors after making pi marked TPE or Northern Ireland TPE available on the GB market

Obligations of Owners

Obligations of Operators

Authorised Representatives

Reassessment of conformity – UK TPE

Reassessment of conformity - pi marked TPE

UK TPE - Periodic inspection and repeated use

Periodic inspection - pi marked TPE and Northern Ireland TPE and repeated use

Conversion of pi marked TPE to UK TPE

UK TPE marking

Misleading and other markings

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

Scope of Obligations

General Obligations

19A

Obligations of Manufacturers

19B

Obligations of Importers

19C

Obligations of Distributors

19D

Obligations of Owners

19E

Obligations of Operators

19F

Authorised Representatives

Reassessment of conformity

Periodic inspection and repeated use

Misleading and other markings

Duty to Review

34

Offences in connection with the civil carriage of class 7 goods

32A

Revocation

Duty to Review

PART4A — Control of Volatile Organic Compounds

Interpretation of Part 4A

23A

Approved tank requirements

23B

Duty to comply with the approved tank requirements

23C

Radiation emergencies and notifiable events

PART 1 — Radiation Emergencies

Interpretation of Part 1

Evaluation and risk assessment

Emergency plans

Principles and purposes of emergency plans

Review and testing of emergency plan

Duties of drivers, escort commanders, masters, carriers and consignors in the event of a radiation emergency

Emergency exposures: employees

Disapplication of dose limits

8

Reference levels

9

Packages involved in a radiation emergency

10

Prior information to the public

11

Duty to provide handover report to the authority responsible for recovery following a radiation emergency

12

PART 2 — Notifiable Events

Duties of drivers, carriers and consignors in the event of a notifiable event

13

Exceptions

11A

Documentation of exemptions and exceptions

11B

Authorisations

Reference temperatures and standards

Old pressure receptacles

Carriage within the perimeter of an enclosed area

Carriage by road other than by vehicles

Instruments of war and related material

Nuclear material

Obligations of Manufacturers prior to placing equipment on the GB market

19AA

Obligations of Manufacturers after placing UK TPE on the GB market

19AB

Obligations of Manufacturers after placing UK TPE or Northern Ireland TPE on the GB market

Application of regulations 19AA to 19B to Importers or Distributors

19BA

Obligations of Importers prior to placing equipment on the GB market

19BB

Obligations of Importers after placing UK TPE on the GB market

19BC

Obligations of Importers after placing pi marked TPE on the GB market

Obligations of Distributors prior to making equipment available on the GB market

19CA

Obligations of Distributors after making UK TPE available on the GB market

19CB