The Simple Pressure Vessels (Safety) Regulations 2016

Made: 15th November 2016

Laid before Parliament: 16th November 2016

Coming into force: 8th December 2016

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to safety as regards simple pressure vessels.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.

PART 1

Citation and commencement

1

These Regulations may be cited as the Simple Pressure Vessels (Safety) Regulations 2016 and come into force on 8th December 2016 (“the commencement date”).

Interpretation

2

• (1) In these Regulations, “vessel” means a simple pressure vessel manufactured in series with the following characteristics—

• (a) the vessel is welded, intended to be subjected to an internal gauge pressure greater than 0.5 bar and to contain air or nitrogen, and is not intended to be fired;

• (b) the parts and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys;

• (c) the vessel is made of either of the following elements—

• (i) a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part;

• (ii) two dished ends revolving around the same axis;

• (d) the maximum working pressure of the vessel does not exceed 30 bar and the product of PS x V does not exceed 10,000 bar.L; and

• (e) the minimum working temperature of the vessel is no lower than -50°C and the maximum working temperature is not higher than—

• (i) 300°C where the vessel is constructed of steel; and

• (ii) 100°C where the vessel is constructed of aluminium or aluminium alloy vessels.

• (2) A vessel is manufactured in series if more than one vessel of the same type is manufactured during a given period by a continuous manufacturing process, in accordance with a common design and using the same manufacturing processes.

• (3) The categories of vessels relevant for the purposes of these Regulations are—

• (a) “category A vessel”, meaning a vessel of which the product of PS x V exceeds 50 bar.L, this category being subdivided into—

• (i) “category A.1 vessel”, meaning a vessel of which the product of PS x V exceeds 3,000 bar.L;

• (ii) “category A.2 vessel”, meaning a vessel of which the product of PS x V is more than 200 bar.L but not more than 3,000 bar.L;

• (iii) “category A.3 vessel” meaning a vessel of which the product of PS x V is more than 50 bar.L but not more than 200 bar.L; and

• (b) “category B vessel” meaning a vessel of which the product of PS x V is 50 bar.L or less.

• (4) In these Regulations—

• “the 1991 Regulations” means the Simple Pressure Vessels (Safety) Regulations 1991 ;

• “the 1974 Act” means the Health and Safety at Work etc Act 1974 ;

• “the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;

• “the 1987 Act” means the Consumer Protection Act 1987 ;

• “approved body” has the meaning given to it in regulation 45 (approved bodies);

• ...

• ...

• “authorised representative” means a person established in the United Kingdom appointed in accordance with regulation 15;

• ...

• ...

• “conformity assessment” means the process demonstrating whether the essential safety requirements relating to a vessel have been fulfilled;

• “conformity assessment activities” means any activities connected with conformity assessment, including calibration, testing, certification and inspection;

• “conformity assessment body” means a body that performs conformity assessment activities;

• “conformity assessment procedure” means a procedure referred to in regulations 40 (conformity assessment procedures prior to manufacture) and 41(conformity assessment procedures prior to placing a vessel on the market);

• “designated standard” has the meaning given to it in regulation 2A;

• “the Directive” means Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels ...;

• “distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a vessel available on the market;

• “district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;

• “economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

• “enforcing authority” means any person enforcing these Regulations under regulation 55 (enforcement);

• “essential safety requirements” means the requirements set out in Schedule 1;

• ...

• “the HSE” means the Health and Safety Executive established under section 10 of the 1974 Act;

• “the HSENI” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;

• “importer” means a person who— is established in the United Kingdom and places a vessel from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places a vessel on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

• “inscriptions” means the following information in respect of a vessel—the maximum working pressure (PS);the maximum working temperature (Tmax);the minimum working temperature (Tmin); andthe capacity (V);

• “instructions and safety information” means the following information in respect of a vessel—its intended use; andthe maintenance and installation requirements for vessel safety;

• “make available on the market” means any supply of a vessel for distribution or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

• “manufacturer” means a person who—manufactures a vessel or has a vessel designed or manufactured; andmarkets that vessel under that person's name or trademark;

• “market surveillance authority” has the meaning set out in regulation 54 (designation of market surveillance authority);

• “maximum working pressure” or “PS” means the maximum gauge pressure (in Bar) which may be exerted under a vessel's normal conditions of use;

• “maximum working temperature” or “Tmax” means the highest stabilised temperature (in °C) which the wall of the vessel may attain under normal conditions of use;

• “minimum working temperature or “Tmin” means the lowest stabilised temperature which the wall of the vessel may attain under normal conditions of use;

• ...

• ...

• ...

• ...

• “place on the market” means the first making available of a vessel on the market of Great Britain, and related expressions must be construed accordingly;

• “place on the market” means the first making available of a vessel on the EU market, and related expressions must be construed accordingly;

• RAMS means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

• “recall” means any measure aimed at achieving the return of a vessel that has already been made available to the end-user and related expressions must be construed accordingly;

• “relevant economic operator” means, in relation to a vessel, an economic operator who has obligations in respect of that vessel under Part 2 of these Regulations;

• “supply” is to be read in accordance with section 46 of the 1987 Act, and includes offering or agreeing to supply, and exposing or possessing for supply, and “supplied” and “supplier” have the corresponding meanings;

• “technical documentation” means the documentation referred to in paragraph 2(2)(c) of Part 1 of Schedule 2;

• “technical specification” means a document that prescribes technical requirements to be fulfilled by a vessel;

• “UK marking” means the marking in the form set out in Annex 2 of RAMS;

• “UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

• “V” means capacity of the vessel in litres;

• “weights and measures authority” means a local weights and measures authority as defined in section 69 of the Weights and Measures Act 1985 ;

• “withdraw”, in relation to a vessel, means any measure aimed at preventing a vessel in the supply chain from being made available on the market and related expressions must be construed accordingly.

• (5) In these Regulations, a reference to a vessel being “in conformity with Part 2” means that—

• (a) the vessel complies with the essential safety requirements; and

• (b) is a vessel in respect of which each relevant economic operator has complied, or is complying, with the obligations imposed on them under Part 2 of these Regulations.

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

3

• (1) Subject to paragraph 2, these Regulations apply to a vessel placed on the market on or after the commencement date.

• (2) These Regulations do not apply to—

• (a) a vessel specifically designed for nuclear use, failure of which may cause an emission of radioactivity;

• (b) a vessel specifically intended for installation in or the propulsion of ships and aircraft; and

• (c) fire extinguishers.

• (3) In paragraph (2), “ship” has the meaning given by section 313 of the Merchant Shipping Act 1995 .

PART 2 — Obligations of economic operators

Manufacturers

Design and manufacture in accordance with essential safety requirements and sound engineering practice

4

• (1) Before placing a category A vessel on the market, a manufacturer must ensure that the vessel has been designed and manufactured in accordance with the essential safety requirements.

• (2) Before placing a category B vessel on the market, a manufacturer must ensure that the vessel has been designed and manufactured in accordance with sound engineering practice.

Technical documentation and conformity assessment for category A vessels

5

Before placing a category A vessel on the market, a manufacturer must–

• (a) draw up the technical documentation in respect of that vessel; and

• (b) carry out a relevant conformity assessment procedure in respect of the vessel or have such a procedure carried out.

EU declaration of conformity, CE marking and inscriptions for category A vessels

6

• (1) Where the conformity of a category A vessel with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, before placing that vessel on the market, a manufacturer must—

• (a) draw up a declaration of conformity in accordance with regulation 43 ...; and

• (b) affix the information set out in paragraph (1B) to—

• (i) the vessel;

• (ii) its data plate; or

• (iii) where paragraph (1A) applies—

• (aa) to a label affixed to the vessel; or

• (bb) in a document accompanying the vessel;

• (1A) This paragraph applies to a vessel that is placed on the market within a period of seven years beginning with IP completion day.

• (1B) The information referred to in paragraph (1)(b) is—

• (a) the UK marking;

• (b) the last two digits of the year in which the UK marking is affixed;

• (c) the inscriptions.

• (2) Where a data plate is used, it must be so designed that it cannot be reused and must include a vacant space to enable other information to be provided.

• (3) The information referred to in paragraph (1)(b) must be visible, legible and indelible.

• (4) The manufacturer must keep the ... declaration of conformity up-to-date.

• (5) Where a category A vessel is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

Inscriptions for category B vessels

7

• (1) Before placing a category B vessel on the market, a manufacturer must affix the following to the vessel or to its data plate—

• (a) the inscriptions; and

• (b) the information referred to in regulation 11(1).

• (2) Where a data plate is used, it must be so designed that it cannot be reused and must include a vacant space to enable other information to be provided.

• (3) The inscriptions and information referred to in paragraph (1) must be visible, legible and indelible.

Retention by manufacturer of technical documentation and ... declaration of conformity

8

A manufacturer must keep the technical documentation and the ... declaration of conformity drawn up in respect of a category A vessel and make it available for inspection by the enforcing authorities for a period of 10 years beginning on the day on which the vessel was placed on the market.

Compliance procedures for series production

9

• (1) A manufacturer must ensure, before placing a vessel on the market, that procedures are in place to ensure that series production remains in conformity with Part 2.

• (2) In doing so, the manufacturer must take adequate account of—

• (a) any change in vessel design or characteristics; and

• (b) any change in a designated standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Monitoring of vessels made available on the market

10

• (1) When appropriate, having regard to the risks to the health and safety of end-users presented by a vessel, a manufacturer must—

• (a) carry out sample testing of vessels manufactured by it made available on the market;

• (b) investigate complaints that vessels manufactured by it are not in conformity with Part 2;

• (c) keep a register of—

• (i) complaints that vessels are not in conformity with Part 2;

• (ii) vessels which are found not to be in conformity with Part 2; and

• (iii) vessel recalls; and

• (d) keep distributors informed of any monitoring carried out under this regulation.

• (2) The manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Labelling of vessels

11

• (1) Before placing a vessel on the market, a manufacturer must ensure that the following appear on the vessel or its data plate—

• (a) a type and serial or batch identification allowing its identification; and

• (b) the following information—

• (i) the name, registered trade name or registered trade mark of the manufacturer; and

• (ii) a postal address at which the manufacturer can be contacted.

• (2) The information referred to in paragraph (1) must be clear, understandable and intelligible.

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

Provision of instructions and safety information

12

When placing a vessel on the market, a manufacturer must ensure that a vessel is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

Duty of manufacturer to take action in respect of vessels placed on the market which are considered not to be in conformity

13

• (1) A manufacturer who considers, or has reason to believe, that a vessel which the manufacturer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

• (a) bring the vessel into conformity;

• (b) withdraw the vessel; or

• (c) recall the vessel.

• (2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, a manufacturer must immediately inform the market surveillance authority of the risk, ... giving details, in particular, of—

• (a) the respect in which the vessel is considered not to be in conformity with Part 2; and

• (b) any corrective measures taken.

Provision of information and cooperation

14

• (1) Following a request from the enforcing authority, and within such period as the authority may specify, a manufacturer must provide the authority with all the information and documentation necessary to demonstrate that a vessel is in conformity with Part 2.

• (2) A request referred to in paragraph (1)—

• (a) may only be made during the period of 10 years beginning on the day the vessel was placed on the market; and

• (b) must be accompanied by the reasons for making the request.