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The Pressure Equipment (Safety) Regulations 2016

Type Statutory-Instrument

Publication 2016-11-15

Last updated 2024-10-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

Operational matters in relation to notified bodies, recognised third party organisations and user inspectorates

64

(1) The Secretary of State must—

(a) assign—

(i) an approved body identification number to each approved body;

(ii) a recognised third party organisation identification number to each third party organisation;

(iii) a user inspectorate identification number to each user inspectorate; and

(b) compile and maintain a register of—

(i) approved bodies, recognised third party organisations and user inspectorates;

(ii) their identification numbers;

(iii) the activities for which they have been approved; and

(iv) any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.

Subsidiaries and contractors

65

The Secretary of State may authorise the United Kingdom Accreditation Service to carry out the following activities on behalf of the Secretary of State—

(a) assessing whether a conformity assessment body meets the approved body requirements or user inspectorate requirements (as applicable);

(b) monitoring approved bodies, recognised third party organisations and user inspectorates in accordance with regulation 59; and

(c) compiling and maintaining the register of approved bodies, recognised third party organisations and user inspectorates, in accordance with regulation 64.

PART 5 — Market surveillance and enforcement

Designation of market surveillance authority

66

(1) The market surveillance authority is—

(a) in the case of pressure equipment and assemblies for use in the workplace—

(i) subject to paragraph (2), in Great Britain, the Health and Safety Executive ; and

(ii) in Northern Ireland, the Health and Safety Executive for Northern Ireland ;

(b) in the case of pressure equipment and assemblies for private use or consumption—

(i) in Great Britain, within its area, a weights and measures authority; and

(ii) in Northern Ireland, within its area, a district council.

(2) In so far as these Regulations apply to pressure equipment or assemblies intended exclusively or primarily for use on relevant nuclear sites, the market surveillance authority is the Office for Nuclear Regulation.

(3) In paragraph (2), “relevant nuclear site” means a site which is—

(a) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013 );

(b) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 ); or

Enforcement

67

(1) Subject to paragraph (2), these Regulations and RAMS (in its application to pressure equipment or assemblies) must be enforced by the market surveillance authority.

(2) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to pressure equipment or assemblies).

(3) Before taking enforcement action under paragraph (2), an enforcing authority which is not the market surveillance authority must notify the market surveillance authority of the proposed action.

(4) In Scotland, only the Lord Advocate may commence proceedings for an offence under these Regulations.

Enforcement powers

68

(1) Schedule 7 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act) has effect where the enforcing authority is—

(a) a weights and measures authority;

(b) a district council; or

(2) Schedule 8 (enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act) has effect where the enforcing authority is the Health and Safety Executive or the Office for Nuclear Regulation.

(3) Schedule 9 (Enforcement Powers of the Health and Safety Executive for Northern Ireland under the 1978 Order) has effect where the enforcing authority is the Health and Safety Executive for Northern Ireland.

(4) In addition to the powers available to an enforcement authority by virtue of, as appropriate, paragraph (1), (2) or (3), the authority may use the powers in Schedule 10 (compliance, withdrawal and recall notices) .

(5) This regulation does not prevent an enforcing authority from taking action in respect of pressure equipment or assemblies under the General Product Safety Regulations 2005 .

Exercise of enforcement powers

69

When enforcing these Regulations or RAMS (in its application to pressure equipment or assemblies) the enforcing authority must exercise its powers in a manner which is consistent with—

(a) regulation 70 (evaluation of pressure equipment or assemblies presenting a risk);

(b) regulation 71 (enforcement action in respect of pressure equipment or assemblies which are not in conformity and which present a risk);

(d) regulation 73 (pressure equipment or assemblies which are in conformity, but present a risk);

(e) regulation 74 (enforcement action in cases of formal non-compliance);

(f) regulation 75 (restrictive measures).

Evaluation of pressure equipment or assemblies presenting a risk

70

(1) Where the market surveillance authority has sufficient reason to believe that pressure equipment or an assembly presents a risk, the market surveillance authority must carry out an evaluation to determine whether that pressure equipment or assembly is in conformity with the requirements of Part 2 applying in respect of that equipment or assembly.

(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that pressure equipment or an assembly presents a risk, that enforcing authority may carry out an evaluation to determine whether that pressure equipment or assembly is in conformity with the requirements of Part 2 applying in respect of that equipment or assembly.

Enforcement action in respect of pressure equipment or assemblies which are not in conformity and which present a risk

71

(1) Where, in the course of an evaluation referred to in regulation 70, an enforcing authority finds that pressure equipment or an assembly is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—

(a) take all appropriate corrective action to bring the pressure equipment or assembly into conformity with those requirements within a prescribed period;

(b) withdraw the pressure equipment or assembly within a prescribed period; or

(2) The enforcing authority must inform the approved body which carried out the conformity assessment procedure in respect of the pressure equipment or assembly of—

(a) the respect in which the pressure equipment or assembly is not in conformity with Part 2; and

(b) the action which the enforcing authority has required the relevant economic operator to take.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period referred to in paragraph (1), the enforcing authority must take all appropriate measures to—

(a) prohibit or restrict the pressure equipment or assembly being made available on the market in the United Kingdom;

(b) withdraw the pressure equipment or assembly from the United Kingdom market; or

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

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

(8) The notice in paragraph (6) must include all available details about the pressure equipment or assembly and, in particular—

(a) the data necessary for the identification of the pressure equipment or assembly;

(b) the origin of the pressure equipment or assembly;

(d) the nature and duration of the measures taken;

(e) the arguments put forward by the relevant economic operator; and

(f) whether the lack of conformity is due to either of the following—

(i) failure of the pressure equipment or assembly to meet relevant requirements relating to a risk;

(ii) shortcomings in a designated standard referred to in regulation 40 conferring a presumption of conformity.

(9) In this regulation, “prescribed period” means a period which is—

(a) prescribed by the enforcing authority; and

(b) reasonable and commensurate with the nature of the risk presented by the pressure equipment or assembly.

EU safeguard procedure

72

(1) Where another relevant state has initiated the procedure under Article 40 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a) any measures taken by the enforcing authority in respect of the pressure equipment or assembly which is the subject of the procedure;

(b) any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the pressure equipment or assembly.

(2) Where another relevant state has initiated the procedure under Article 40 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other relevant states of—

(a) any measures taken in Northern Ireland by an enforcing authority in respect of the pressure equipment or assembly which is the subject of the procedure;

(b) any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the pressure equipment or assembly; ...

(3) Where a measure taken by another relevant state in respect of pressure equipment or an assembly is considered justified by the European Commission under Article 40(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken in Northern Ireland in respect of the pressure equipment or assembly without delay.

(4) Where a measure taken by another relevant state in respect of pressure equipment or an assembly is considered justified by the European Commission under Article 41(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the pressure equipment or assembly is withdrawn from the market in Northern Ireland.

(5) Where the market surveillance authority has taken action under paragraph (3) or (4), it must notify the Secretary of State.

(6) Where the Secretary of State receives a notice under paragraph (5), the Secretary of State must inform the European Commission of the action taken in respect of Northern Ireland.

(7) If a measure taken by an enforcing authority pursuant to regulation 71 is considered unjustified by the European Commission under Article 41(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure in respect of Northern Ireland.

Pressure equipment or assemblies which are in conformity, but present a risk

73

(1) Where, having carried out an evaluation under regulation 70, an enforcing authority finds that although pressure equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take all appropriate measures to—

(a) ensure that the pressure equipment or assembly, when placed on the market, no longer presents a risk;

(b) withdraw the pressure equipment or assembly within a prescribed period;

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

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

(4) The notice referred to in paragraph (2) must include all available details about the pressure equipment or assembly and, in particular—

(a) the data necessary for the identification of the pressure equipment or assembly;

(b) the origin and the supply chain of the pressure equipment or assembly;

(d) the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which is—

(a) prescribed by the enforcing authority; and

(b) reasonable and commensurate with the nature of the risk presented by the pressure equipment or assembly.

Enforcement action in cases of formal non-compliance

74

(1) Where an enforcing authority makes one of the following findings in relation to pressure equipment or an assembly, it must require a relevant economic operator to remedy the non-compliance within a specified period—

(a) the UK marking—

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulations 39 (Prohibition on improper use of UK marking) and 49 (UK marking);

(b) where an approved body is involved in the production control phase for the pressure equipment or assembly, the identification number of the approved body—

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulation 49;

(i) has not been drawn up;

(ii) has been drawn up otherwise than in accordance with regulations 11 (... declaration of conformity and UK marking) and 48 (... declaration of conformity);

(d) the technical documentation is either not available or not complete;

(e) the following information is absent, false or incomplete—

(i) the information specified in regulation 13 (labelling of pressure equipment and assemblies); or

(ii) the information specified in regulation 14 (instructions and safety information);

(f) any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—

(a) restrict or prohibit the pressure equipment or assembly being made available on the market;

(b) ensure that the pressure equipment or assembly is withdrawn; or

(4) Nothing in this regulation is to prevent an enforcing authority from taking action under regulation 71 (enforcement action in respect of pressure equipment or assemblies which are not in conformity and which present a risk)... or 73 (pressure equipment or assemblies which are in conformity but present a risk).

Restrictive measures

75

When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS (as amended from time to time) in relation to any measure to—

(a) prohibit or restrict pressure equipment or an assembly being made available on the market;

(b) withdraw pressure equipment or an assembly; or

Offences

76

(1) It is an offence for a person to contravene or fail to comply with any requirement of regulations 9 to 17, 18(4), 20 to 28, 29(4), 30 to 34, 35(3), 38 or 39.

(2) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

Penalties

77

(1) A person guilty of an offence under regulation 76 (other than an offence arising from a contravention of or failure to comply with a requirement of regulation 12 or regulation 28) 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;

(iii) in Northern Ireland, 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.

(2) A person guilty of an offence arising from a contravention of or failure to comply with a requirement of regulation 12 or regulation 28 is liable on summary conviction—

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

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months, or to both.

Defence of due diligence

78

(1) In proceedings for an offence under regulation 76, it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a) served a notice in accordance with paragraph (3); or

(b) obtained the leave of the court.

(3) The notice must—

(a) give any information in P's possession which identifies or assists in identifying the person who—

(i) committed the act or default; or

(ii) supplied the information on which P relied.

(b) be served on the person bringing the proceedings not less than seven clear days before—

(i) in England, Wales and Northern Ireland, the hearing of the proceedings;

(ii) in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a) to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a) to the act or default of another person; or

(b) to reliance on information supplied by another person.

Liability of persons other than principal offender

79

(1) Where the commission of an offence under regulation 76 (offences) is due to anything which another person did or failed to do in the course of business, that other person is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.

(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the offence was committed by the body corporate—

(a) with the consent or connivance of the relevant person; or

(b) as a result of the negligence of the relevant person.

(3) In paragraph (2), “relevant person” means—

(a) a director, manager, secretary or other similar officer of the body corporate;

(b) in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;

(d) a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Time limit for prosecution of offences

80

(1) In England and Wales an information relating to an offence under regulation 76 that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) In Scotland—

(a) summary proceedings for an offence under regulation 76 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge; and

(b) section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(3) In Northern Ireland, summary proceedings for an offence under regulation 76 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

(4) No proceedings may be brought more than three years after the commission of the offence.

(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to paragraph (1), (2) or (3) came to light, is conclusive evidence.

(6) This regulation has effect subject to paragraph (1)(n) of Schedule 8 and paragraph (1)(n) of Schedule 9.

Service of documents

81

(1) Any document required or authorised by these Regulations to be served on a person may be served by—

(a) delivering it to that person in person;

(b) leaving it at that person's proper address; or

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, “proper address” means—

(a) in the case of a body corporate or its director—

(i) the registered or principal office of that body; or

(ii) the email address of the secretary or clerk of that body;

(b) in the case of a partnership, a partner or person having control or management of the partnership business—

(i) the principal office of the partnership; or

(ii) the email address of a partner or person having that control or management;

(5) If a person to be served with a document has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address.

(6) In this regulation, “partnership” includes a Scottish partnership.

Recovery of expenses of enforcement

82

(1) This regulation applies where a person commits an offence under regulation 76.

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.

Action by enforcing authority

83

(1) An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under regulation 68 (enforcement powers) where the conditions for serving such a notice are met and either—

(a) the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or

(b) the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the enforcing authority has taken action under paragraph (1) following the failure of an economic operator to comply with a notice, the authority may recover from that person as a civil debt any costs or expenses reasonably incurred by the enforcing authority in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily—

(a) in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 ;

(b) in Northern Ireland in proceedings under article 62 of the Magistrates' Courts (Northern Ireland) Order 1981 .

Appeals against notices

84

(1) An application for an order to vary or set aside the terms of a notice served under regulation 68 may be made—

(a) by the economic operator on whom the notice has been served; and

(b) in the case of a notice other than a recall notice, by a person having an interest in the pressure equipment or assembly in respect of which the notice has been served.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under regulation 68 (enforcement powers) if satisfied—

(a) that the pressure equipment or assembly to which the notice relates is in conformity with Part 2; or

(b) that the enforcing authority failed to comply with regulation 69 (exercise of enforcement powers) when serving the notice.

(4) On an application to vary the terms of a notice served under regulation 68, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this regulation—

(a) the “appropriate court” is to be determined in accordance with regulation 85 (appropriate court for appeals against notices); and

(b) “notice” means any of the following—

(i) a prohibition notice served in accordance with Schedule 7;

(ii) a notice to warn served in accordance with Schedule 7;

(iii) a suspension notice served in accordance with Schedule 7;

(iv) a compliance notice served in accordance with Schedule 10;

(v) a withdrawal notice served in accordance with Schedule 10; or

(vi) a recall notice served in accordance with Schedule 10.

Appropriate court for appeals against notices

85

(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 84 is—

(a) the court in which proceedings have been brought in relation to the pressure equipment or assembly for an offence under regulation 76 (offences);

(b) an employment tribunal seized of appeal proceedings against a notice which relates to pressure equipment and which has been served under or by virtue of paragraph 1 of Schedule 8 (enforcement powers of the Health and Safety Executive under the 1974 Act); or

(c) an industrial tribunal seized of appeal proceedings against a notice which relates to pressure equipment and which has been served under or by virtue of paragraph 1 of Schedule 9 (enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order); or

(d) in any other case, a magistrates' court.

(2) In Scotland, the appropriate court for the purposes of regulation 84 is—

(a) the sheriff court within whose sheriffdom the appellant resides or, as the case may be, has a registered or principal office; or

(b) an employment tribunal seized of appeal proceedings against a notice which relates to pressure equipment and which has been served under or by virtue of paragraph 1 of Schedule 8.

(3) A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 84, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court.

Compensation

86

(1) When an enforcing authority other than the Health and Safety Executive, the Health and Safety Executive for Northern Ireland or the Office for Nuclear Regulation serves a relevant notice in respect of pressure equipment or an assembly, that authority is liable to pay compensation to a person having an interest in the equipment or assembly for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a) the pressure equipment or assembly in respect of which the relevant notice was served neither—

(i) presents a risk; nor

(ii) contravenes any requirement of these Regulations; and

(b) the relevant notice was not served because of neglect or default by a relevant economic operator.

(3) In this regulation, “relevant notice” means a suspension, withdrawal or recall notice as referred to in regulation 84(5)(b).

PART 6 — Miscellaneous

Review

87

(1) The Secretary of State must from time to time—

(a) carry out a review 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 Directive is implemented in other member States.

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established 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 by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning on the commencement date.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Transitional provisions

88

(1) Nothing in these Regulations prevents the making available on the market or putting into service of pressure equipment or assemblies which—

(a) were placed on the market before the commencement date; and

(b) are in conformity with the 1999 Regulations.

(2) Nothing in these Regulations prevents the putting into service of pressure equipment and assemblies which—

(a) were placed on the market before 30th May 2002; and

(b) comply with any provisions with which they would have been required to comply in order for them to be placed on the market in the United Kingdom on 28th November 1999.

89

For the purposes of these Regulations, a certificate issued, or approval granted, by a notified body, recognised third party organisation or user inspectorate under the 1999 Regulations, or any enactment of another member State which implemented Directive 97/23/EC , is to be treated as a certificate issued or approval granted under Annex II to the Directive (as amended from time to time).

Revocations, amendments and savings

90

—

(1) Subject to paragraph (2) and (2A), the 1999 Regulations are revoked.

(2) Subject to the modifications made in paragraph (2A), the Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to pressure equipment or assemblies placed on the market before the commencement date.

(2A) The modifications referred to in paragraph (2) are that in the 1999 Regulations—

(a) references to “the Community” shall be read as including the United Kingdom;

(b) references to a “member State” shall be read as including the United Kingdom; and

(c) in Schedule 8 (enforcement), in paragraph 6, omit “with a view to this information being passed by him to the Commission”.

(3) Accordingly, despite its repeal by paragraph 12(a) of Schedule 12, the entry in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 relating to the 1999 Regulations is to continue to have effect in relation to pressure equipment or assemblies placed on the market before the commencement date.

91

Schedule 12 (Consequential amendments and revocations) has effect.

SCHEDULE 1 — Excluded Pressure Equipment and Assemblies

1

These Regulations do not apply to—

(a) pipelines comprising piping or a system of piping designed for the conveyance of any fluid or substance to or from an installation (onshore or offshore) starting from and including the last isolation device located within the confines of the installation and including all the annexed equipment designed specifically for pipelines, except where this constitutes standard pressure equipment such as may be found in pressure reduction stations or compression stations;

(b) networks for the supply, distribution and discharge of water and associated equipment and headraces such as penstocks, pressure tunnels, pressure shafts for hydroelectric installations and their related specific accessories;

(d) aerosol dispensers to which the Aerosol Dispensers Regulations 2009 apply;

(e) equipment intended for the functioning of vehicles defined by the following—

(i) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;

(ii) Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles ; and

(iii) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two-or three-wheel vehicles and quadricycles .

(f) for equipment classified as no higher than category I in accordance with Schedule 1B to these Regulations and, to which, one of the following applies—

(i) the Supply of Machinery (Safety) Regulations 2008;

(ii) the Lift Regulations 2016;

(iii) the Electrical Equipment (Safety) Regulations 2016;

(iv) the Medical Devices Regulations 2002;

(v) Regulation 2016/426 of the European Parliament and of the Council of 9 March on appliances burning gaseous fuels;

(vi) the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016.

(g) products connected with the production of trade in arms, munitions and war material;

(h) items specifically designed for nuclear use, failure of which may cause an emission of radioactivity;

(i) well-control equipment used in the petroleum, gas or geothermal exploration and extraction industry and in underground storage which is intended to contain and/or control well pressure; this shall comprise the wellhead (Christmas tree), the blow out preventers (BOP), the piping manifolds and all their equipment upstream;

(j) equipment comprising casings or machinery where the dimensioning, choice of material and manufacturing rules are based primarily on requirements for sufficient strength, rigidity and stability to meet the static and dynamic operational effects or other operational characteristics and for which pressure is not a significant design factor, which may include:

(i) engines including turbines and internal combustion engines;

(ii) steam engines, gas/steam turbines, turbo-generators, compressors, pumps and actuating devices;

(k) blast furnaces including the furnace cooling system, hot-blast recuperators, dust extractors and blast-furnace exhaust-gas scrubbers and direct reducing cupolas, including the furnace cooling, gas converters and pans for melting, remelting, de-gassing and casting of steel, iron and non-ferrous metals;

(l) enclosures for high-voltage electrical equipment such as switchgear, control gear, transformers, and rotating machines;

(m) pressurised pipes for the containment of transmission systems, e.g. for electrical power and telephone cables;

(n) ships, rockets, aircraft and mobile off-shore units, as well as equipment specifically intended for installation on board or the propulsion thereof;

(o) pressure equipment consisting of a flexible casing, e.g. tyres, air cushions, balls used for play, inflatable craft, and other similar pressure equipment;

(p) exhaust and inlet silencers;

(q) bottles or cans for carbonated drinks for final consumption;

(r) vessels designed for the transport and distribution of drinks having a PS∙V of not more than 500 bar∙L and a maximum allowable pressure not exceeding 7 bar;

(s) equipment covered by—

(i) the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009; and

(ii) equipment covered by the International Maritime Dangerous Goods Code and the Convention on International Civil Aviation.

(t) radiators and pipes in warm water heating systems; and

(u) vessels designed to contain liquids with a gas pressure above the liquid of not more than 0.5 bar.

SCHEDULE 2 — Essential Safety Requirements

PART 1 — GENERAL

1

(1) The obligations arising from the essential safety requirements listed in this Schedule for pressure equipment also apply to assemblies where the corresponding hazard exists.

(2) The obligations arising from the essential safety requirements apply only if the corresponding hazard exists for the pressure equipment when it is used under conditions which are reasonably foreseeable by the manufacturer.

(3) The manufacturer must analyse the hazards and risks in order to identify those which apply to the equipment on account of pressure, and must then design and construct it taking account of that analysis.

(4) The essential safety requirements are to be interpreted and applied in such a way as to take account of—

(a) the state of the art and current practice at the time of design and manufacture; and

(b) technical and economic considerations which are consistent with a high degree of health and safety protection.

2

(1) Pressure equipment must be designed, manufactured and checked, and if applicable equipped and installed, in such a way as to ensure its safety when put into service in accordance with the manufacturer's instructions, or in reasonably foreseeable conditions.

(2) In choosing the most appropriate solutions, the manufacturer must apply the principles set out below in the following order—

(a) eliminate or reduce hazards as far as is reasonably practicable;

(b) apply appropriate protection measures against hazards which cannot be eliminated;

(c) where appropriate, inform users of residual hazards and indicate whether it is necessary to take appropriate special measures to reduce the risks at the time of installation and/or use.

(3) Where the potential for misuse is known or can be clearly foreseen, the pressure equipment must be designed to prevent risks from such misuse or, if that is not possible, adequate warning given that the pressure equipment must not be used in that way.

PART 2 — DESIGN

General

3

(1) Pressure equipment must be properly designed taking all relevant factors into account in order to ensure that the equipment will be safe throughout its intended life.

(2) The design of pressure equipment must incorporate appropriate safety coefficients using comprehensive methods which are known to incorporate adequate safety margins against all relevant failure modes in a consistent manner.

Design for adequate strength

4

(1) Pressure equipment must be designed for loadings appropriate to its intended use and must take account of other reasonably foreseeable operating conditions, including, in particular, the following factors—

(a) internal/external pressure;

(b) ambient and operational temperatures;

(d) traffic, wind, earthquake loading;

(e) reaction forces and moments which result from the supports, attachments, piping etc.;

(f) corrosion and erosion, fatigue, etc.;

(g) decomposition of unstable fluids.

(2) Various loadings which can occur at the same time must be considered, taking into account the probability of their simultaneous occurrence.

(3) Design for adequate strength must be based on either of the following—

(a) as a general rule, a calculation method, as described in paragraph 5, and supplemented if necessary by an experimental design method as described in paragraph 6;

(b) an experimental design method without calculation, as described in paragraph 5, when the product of the maximum allowable pressure PS and the volume V is less than 6 000 bar L or the product PS·DN less than 3 000 bar.

Calculation method

5

(1) As regards pressure containment and other loading aspects—

(a) the allowable stresses for pressure equipment must be limited having regard to reasonably foreseeable failure modes under operating conditions, for which purpose safety factors must be applied to eliminate fully any uncertainty arising out of manufacture, actual operational conditions, stresses, calculation models and the properties and behaviour of the material; and

(b) the calculation methods used must provide sufficient safety margins consistent, where applicable, with the requirements of Part 6.

(2) The requirements set out above may be met by applying one of the following methods, as appropriate, if necessary as a supplement to or in combination with another method—

(a) design by formula;

(b) design by analysis; or

(3) As regards resistance—

(a) appropriate design calculations must be used to establish the resistance of the pressure equipment concerned; and in particular—

(i) the calculation pressures must not be less than the maximum allowable pressures and take into account static head and dynamic fluid pressures and the decomposition of unstable fluids;

(ii) where a vessel is separated into individual pressure-containing chambers, the partition wall must be designed on the basis of the highest possible chamber pressure relative to the lowest pressure possible in the adjoining chamber;

(iii) the calculation temperatures must allow for appropriate safety margins;

(iv) the design must take appropriate account of all possible combinations of temperature and pressure which might arise under reasonably foreseeable operating conditions for the equipment;

(v) the maximum stresses and peak stress concentrations must be kept within safe limits;

(vi) the calculation for pressure containment must utilise the values appropriate to the properties of the material, based on documented data, having regard to the provisions set out in Part 4 together with appropriate safety factors; material characteristics to be considered, where applicable, include—

(aa) yield strength, 0.2 % or 1.0 % proof strength as appropriate at calculation temperature;

(bb) tensile strength;

(cc) time-dependent strength, i.e. creep strength;

(dd) fatigue data;

(ee) Young's modulus (modulus of elasticity);

(ff) appropriate amount of plastic strain;

(gg) bending rupture energy;

(hh) fracture toughness.

(vii) appropriate joint factors must be applied to the material properties depending, for example, on the type of non-destructive testing, the materials joined and the operating conditions envisaged;

(viii) the design must take appropriate account of all reasonably foreseeable degradation mechanisms (for example corrosion, creep and fatigue) commensurate with the intended use of the equipment and attention must be drawn, in the instructions referred to in paragraph 30, to particular features of the design which are relevant to the life of the equipment, for example—

(aa) for creep: design hours of operation at specified temperatures;

(bb) for fatigue: design number of cycles at specified stress levels;

(cc) for corrosion: design corrosion allowance.

(4) As regards stability aspects, where the calculated thickness does not allow for adequate structural stability, the necessary measures must be taken to remedy the situation taking into account the risks from transport and handling.

Experimental design methods

6

(1) The design of the equipment may be validated, in all or in part, by an appropriate test programme carried out on a sample representative of the equipment or the category of equipment.

(2) The test programme must be clearly defined prior to testing and accepted by the approved body responsible for the design conformity assessment module, where it exists.

(3) The test programme must define test conditions and criteria for acceptance or refusal and the actual values of the essential dimensions and characteristics of the materials which constitute the equipment tested must be measured before the test.

(4) Where appropriate, during tests, it must be possible to observe the critical zones of the pressure equipment with adequate instrumentation capable of registering strains and stresses with sufficient precision.

(5) The test programme must include—

(a) a pressure strength test, to check that, at a pressure with a defined safety margin in relation to the maximum allowable pressure, the equipment does not exhibit significant leaks or deformation exceeding a determined threshold, for which the test pressure must—

(i) be determined on the basis of the differences between the values of the geometrical and material characteristics measures under test conditions and the values used for design purposes;

(ii) take into account the differences between the test and design temperatures;

(b) where the risk of creep or fatigue exists, appropriate tests determined on the basis of the service conditions laid down for the equipment, for example hold time at specified temperatures, number of cycles at specified stress-levels;

(c) where necessary, additional tests concerning other factors referred to in paragraph 4 such as corrosion and external damage.

Provisions to ensure safe handling and operation

7

(1) The method of operation specified for pressure equipment must be such as to preclude any reasonably foreseeable risk in operation of the equipment, and particular attention must be paid, where appropriate, to—

(a) closures and openings;

(b) dangerous discharge of pressure relief blow-off;

(d) surface temperature taking into consideration the intended use;

(e) decomposition of unstable fluids.

(2) In particular, pressure equipment fitted with an access door must be equipped with an automatic or manual device enabling the user easily to ascertain that the opening will not present any risk, and where the opening can be operated quickly, the pressure equipment must be fitted with a device to prevent it being opened whenever the pressure or temperature of the fluid presents a risk.

Means of examination

8

(1) Pressure equipment must be designed and constructed so that all necessary examinations to ensure safety can be carried out.

(2) Where it is necessary to ensure the continued safety of the equipment, means of determining the internal condition of the equipment must be available (such as access openings allowing physical access to the inside of the pressure equipment) so that appropriate examinations can be carried out safely and ergonomically.

(3) Other means of ensuring the safe condition of the pressure equipment may be applied in any of the following situations—

(a) where the pressure equipment is too small for physical internal access;

(b) where opening the pressure equipment would adversely affect the inside; or

(c) where the substance contained has been shown not to be harmful to the material from which the pressure equipment is made and no other internal degradation mechanisms are reasonably foreseeable.

Means of draining and venting

9

Adequate means must be provided for the draining and venting of pressure equipment at all stages of operation and testing (and in particular pressure testing) where necessary—

(a) to avoid harmful effects such as water hammer, vacuum collapse, corrosion and uncontrolled chemical reactions;

(b) to permit cleaning, inspection and maintenance in a safe manner.

Corrosion or other chemical attack

10

Where necessary, adequate allowance or protection against corrosion or other chemical attack must be provided, taking due account of the intended and reasonably foreseeable use.

Wear

11

Where severe conditions of erosion or abrasion may arise, adequate measures must be taken to—

(a) minimise that effect by appropriate design, for example additional material thickness, or by the use of liners or cladding materials;

(b) permit replacement of parts which are most affected; and

Assemblies

12

Assemblies must be so designed that—

(a) the components to be assembled together are suitable and reliable for their duty; and

(b) all the components are properly integrated and assembled in an appropriate manner.

Provisions for filling and discharge

13

Where appropriate, the pressure equipment must be so designed and provided with accessories, or provision made for their fitting, as to ensure safe filling and discharge in particular with respect to risks such as—

(a) on filling—

(i) overfilling or overpressurisation having regard in particular to the filling ratio and to vapour pressure at the reference temperature;

(ii) instability of the pressure equipment;

(b) on discharge, the uncontrolled release of the pressurised fluid;

Protection against exceeding the allowable limits of pressure equipment

14

(1) Where, under reasonably foreseeable conditions, the allowable limits could be exceeded, the pressure equipment must be fitted with, or provision made for the fitting of, suitable protective devices, unless the equipment is intended to be protected by other protective devices within an assembly.

(2) The suitable device or combination of such devices must be determined on the basis of the particular characteristics of the equipment or assembly.

(3) Suitable protective devices and combinations thereof comprise—

(a) safety accessories as defined in regulation 2(1);

(b) where appropriate, adequate monitoring devices such as indicators and/or alarms which enable adequate action to be taken either automatically or manually to keep the pressure equipment within the allowable limits.

Safety accessories

15

(1) Safety accessories must—

(a) be so designed and constructed as to be reliable and suitable for their intended duty and take into account the maintenance and testing requirements of the devices, where applicable;

(b) be independent of other functions, unless their safety function cannot be affected by such other functions;

(c) comply with appropriate design principles in order to obtain suitable and reliable protection, including, in particular, fail-safe modes, redundancy, diversity and self-diagnosis.

Pressure limiting devices

16

Pressure limiting devices must be so designed that the pressure will not permanently exceed the maximum allowable pressure PS; provided that a short duration pressure surge in keeping with the specifications laid down in paragraph 39 is allowable, where appropriate.

Temperature monitoring devices

17

Temperature monitoring devices must have an adequate response time on safety grounds, consistent with the measurement function.

External fire

18

Where necessary, pressure equipment must be so designed and, where appropriate, fitted with suitable accessories, or provision made for their fitting, to meet damage-limitation requirements in the event of external fire, having particular regard to its intended use.

PART 3 — MANUFACTURING

Manufacturing procedures

19

The manufacturer must ensure the competent execution of the provisions set out at the design stage by applying the appropriate techniques and relevant procedures, especially with a view to the aspects set out in this Part.

Preparation of the component parts

20

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

Permanent joining

21

(1) Permanent joints and adjacent zones must be free of any surface or internal defects detrimental to the safety of the equipment.

(2) The properties of permanent joints must meet the minimum properties specified for the materials to be joined unless other relevant property values are specifically taken into account in the design calculations.

(3) For pressure equipment, permanent joining of components which contribute to the pressure resistance of equipment and components which are directly attached to them must be carried out by suitably qualified personnel according to suitable operating procedures and for pressure equipment in categories II, III and IV, operating procedures and personnel must be approved by a competent third party which, at the manufacturer's discretion, may be—

(a) an approved body;

(b) a recognised third party organisation; or

(3A) In this Schedule—

(a) “notified body” means a conformity assessment body which is a notified body for the purposes of the Directive (as provided for in Article 29(5) of the Directive);

(b) “recognised third party organisation” means a conformity assessment body—

(i) within the meaning set out in regulation 52; or

(ii) which is a recognised third party organisation for the purposes of the Directive (as provided for in Article 29(5) of the Directive).

(4) In order to carry out the approvals referred to above, the third party must perform examinations and tests as set out in the appropriate designated standards or equivalent examinations and tests or must have them performed.

Non-destructive tests

22

For pressure equipment, non-destructive tests of permanent joints must be carried out by suitable qualified personnel provided that for pressure equipment in categories III and IV, the personnel must be approved by a recognised third-party organisation.

Heat treatment

23

Where there is a risk that the manufacturing process will change the material properties to an extent which would impair the safety of the pressure equipment, suitable heat treatment must be applied at the appropriate stage of manufacture.

Traceability

24

Suitable procedures must be established and maintained for identifying the material making up the components of the equipment which contribute to pressure resistance by suitable means from receipt, through production, up to the final test of the manufactured pressure equipment.

Final assessment

25

Pressure equipment must be subjected to final assessment in accordance with paragraphs 26 to 28.

Final inspection

26

(1) Pressure equipment must undergo a final inspection to assess visually and by examination of the accompanying documents compliance with the requirements of these Regulations, for which purpose tests carried out during manufacture may be taken into account.

(2) So far as is necessary on safety grounds, the final inspection must be carried out internally and externally on every part of the equipment, where appropriate in the course of manufacture (for example where examination during the final inspection is no longer possible).

Proof test

27

(1) Final assessment of pressure equipment must include a test for the pressure containment aspect, which will normally take the form of a hydrostatic pressure test at a pressure at least equal, where appropriate, to the value laid down in paragraph 40.

(2) For category I series-produced pressure equipment, the test referred to above may be performed on a statistical basis.

(3) Where the hydrostatic pressure test is harmful or impractical, other tests of a recognised value may be carried out provided that additional measures, such as non-destructive tests or other methods of equivalent validity, must be applied before such other tests are carried out.

Inspection of safety devices

28

For assemblies, the final assessment must also include a check of the safety devices intended to check full compliance with the requirements referred to in paragraph 14.

Marking and labelling

29

(1) In addition to the UK marking referred to in regulation 49 and the information to be provided in accordance with regulations 13(1)(b) and 23(1), the following information must be provided—

(a) for all pressure equipment—

(i) the year of manufacture;

(ii) identification of the pressure equipment according to its nature, such as type, series or batch identification and serial number;

(iii) essential maximum/minimum allowable limits.

(b) depending on the type of pressure equipment, further information necessary for the safe installation, operation or use and, where applicable, maintenance and periodic inspection of the pressure equipment such as:

(i) the volume V of the pressure equipment in L;

(ii) the nominal size for piping DN;

(iii) the test pressure PT applied in bar and date;

(iv) safety device set pressure in bar;

(v) output of the pressure equipment in kW;

(vi) supply voltage in V (volts);

(vii) intended use;

(viii) filling ratio kg/L;

(ix) maximum filling mass in kg;

(x) tare mass in kg;

(xi) the fluid group;

(c) where necessary, warnings fixed to the pressure equipment drawing attention to misuse which experience has shown might occur.

(2) The information referred to in sub-paragraph (1) must be given on the pressure equipment or on a dataplate firmly attached to it, with the following exceptions—

(a) where applicable, appropriate documentation may be used to avoid repetitive marking of individual parts such as piping components, intended for the same assembly;

(b) where the pressure equipment is too small, for example in the case of accessories, this information may be given on a label attached to that pressure equipment;

(c) labelling or other adequate means may be used for the mass to be filled and the warnings referred to in sub-paragraph (1)(c), provided it remains legible for the appropriate period of time.

Operating instructions

30

(1) When pressure equipment is made available on the market, it must be accompanied, as far as relevant, with instructions for the user, containing all the necessary safety information relating to—

(a) mounting including assembling of different pieces of pressure equipment;

(b) putting into service;

(d) maintenance including checks by the user.

(2) Instructions must include information affixed to the pressure equipment in accordance with paragraph 29, with the exception of serial identification, and must be accompanied, where appropriate, by the technical documents, drawings and diagrams necessary for a full understanding of these instructions.

(3) If appropriate, these instructions must also refer to risks arising from misuse in accordance with paragraph 2(3) and particular features of the design in accordance with paragraph 5.

PART 4 — MATERIALS

31

(1) Materials used for the manufacture of pressure equipment must be suitable for such application during the scheduled lifetime unless replacement is foreseen.

(2) Welding consumables and other joining materials need only comply with the relevant requirements of subparagraphs (3), (4)(a) and (5), in an appropriate way, both individually and in a joined structure.

(3) Materials for pressurised parts must—

(a) have appropriate properties for all operating conditions which are reasonably foreseeable and for all test conditions, and in particular—

(i) they must be sufficiently ductile and tough;

(ii) where appropriate, the characteristics of the materials must comply with the requirements of paragraph 41;

(iii) due care must be exercised in particular in selecting materials in order to prevent brittle-type fracture where necessary;

(iv) where for specific reasons brittle material has to be used, appropriate measures must be taken;

(b) be sufficiently chemically resistant to the fluid contained in the pressure equipment, and in particular the chemical and physical properties necessary for operational safety must not be significantly affected within the scheduled lifetime of the equipment;

(d) be suitable for the intended processing procedures;

(e) be selected in order to avoid significant undesirable effects when the various materials are put together.

(4) The pressure equipment manufacturer must—

(a) define in an appropriate manner the values necessary for the design calculations referred to in paragraph 5 and the essential characteristics of the materials and their treatment referred to in subparagraph (3);

(b) provide in the technical documentation elements relating to compliance with the materials specifications relating to materials contained in these Regulations in one of the following forms—

(i) by using materials which comply with designated standards;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) by a particular material appraisal.

(5) For pressure equipment in categories III and IV, a specific assessment of the particular material appraisal must be performed by an approved body or a notified body .

(6) The equipment manufacturer must take appropriate measures to ensure that the material used conforms with the required specification, and in particular, documentation prepared by the material manufacturer affirming compliance with a specification must be obtained for all materials.

(7) For the main pressure-bearing parts of equipment in categories II, III and IV, the documentation referred to in sub-paragraph (6) must take the form of a certificate of specific product control.

(8) Where a material manufacturer has an appropriate quality-assurance system, certified by a competent body established in the United Kingdom or in the territory of an EEA state and having undergone a specific assessment for materials, certificates issued by the manufacturer are presumed to certify conformity with the relevant requirements of this paragraph.

(8) Certificates issued by a material manufacturer are presumed to certify conformity with the relevant requirements of this paragraph where the manufacturer has an appropriate quality-assurance system that—

(a) is certified by a competent body established in—

(i) the United Kingdom;

(ii) the territory of an EEA state; or

(iii) the territory of a party to the CPTPP; and

(b) has undergone a specific assessment for materials.

PART 5 — SPECIFIC PRESSURE EQUIPMENT REQUIREMENTS

32

In addition to the applicable requirements of Parts 1 to 4, the requirements in this Part apply to the pressure equipment covered by paragraphs 33 and 34.

Fired or otherwise heated pressure equipment with a risk of overheating as referred to in regulation 6

33

(1) The requirements in sub-paragraph (2) apply to fired or otherwise heated pressure equipment with a risk of overheating as referred to in regulation 6, including—

(a) steam and hot-water generators as referred to in regulation 6(b), such as fired steam and hot-water boilers, superheaters and reheaters, waste-heat boilers, waste incineration boilers, electrode or immersion-type electrically heated boilers, pressure cookers, together with their accessories and where applicable their systems for treatment of feedwater and for fuel supply;

(b) process-heating equipment for other than steam and hot water generation falling under regulation 6(a), such as heaters for chemical and other similar processes and pressurised food-processing equipment.

(2) Pressure equipment of the type referred to in sub-paragraph (1) must be calculated, designed and constructed so as to avoid or minimise risks of a significant loss of containment from overheating; in particular it must be ensured, where applicable, that—

(a) appropriate means of protection are provided to restrict operating parameters such as heat input, heat take- off and, where applicable, fluid level so as to avoid any risk of local and general overheating;

(b) sampling points are provided where required to allow evaluation of the properties of the fluid so as to avoid risks related to deposits and/or corrosion;

(d) means of safe removal of residual heat after shutdown are provided;

(e) steps are taken to avoid a dangerous accumulation of ignitable mixtures of combustible substances and air, or flame blowback.

Piping as referred to in regulation 6(c)

34

The design and construction of piping referred to in regulation 6(c) must ensure that—

(a) that the risk of overstressing from inadmissible free movement or excessive forces being produced, e.g. on flanges, connections, bellows or hoses, is adequately controlled by means such as support, constraint, anchoring, alignment and pre-tension;

(b) that where there is a possibility of condensation occurring inside pipes for gaseous fluids, means are provided for drainage and removal of deposits from low areas to avoid damage from water hammer or corrosion;

(c) that due consideration is given to the potential damage from turbulence and formation of vortices; the relevant parts of paragraph 11 are applicable;

(d) that due consideration is given to the risk of fatigue due to vibrations in pipes;

(e) that, where fluids of Group 1 are contained in the piping, appropriate means are provided to isolate ‘take-off’ pipes the size of which represents a significant risk;

(f) that the risk of inadvertent discharge is minimised; the take-off points must be clearly marked on the permanent side, indicating the fluid contained;

(g) that the position and route of underground piping is recorded in the technical documentation to facilitate safe maintenance, inspection or repair.

PART 6 — SPECIFIC QUANTITATIVE REQUIREMENTS FOR CERTAIN PRESSURE EQUIPMENT

35

(1) The following provisions apply as a general rule, but where they are not applied, including in cases where materials are not specifically referred to and no designated standards are applied, the manufacturer must demonstrate that appropriate measures have been taken to achieve an equivalent overall level of safety.

(2) The provisions laid down in this Part supplement the essential safety requirements of Parts 1 to 5 in relation to the pressure equipment to which they apply.

Allowable stresses

36

(1) In paragraph 37, the following symbols have the following meanings—

(a) Re/t, yield limit, indicates the value at the calculation temperature of—

(i) the upper flow limit for a material presenting upper and lower flow limits,

(ii) the 1.0 % proof strength of austenitic steel and non-alloyed aluminium,

(iii) the 0.2 % proof strength in other cases.

(b) Rm/20 indicates the minimum value of the ultimate tensile strength at 20oC.

37

The permissible general membrane stress for predominantly static loads and for temperatures outside the range in which creep is significant must not exceed the smaller of the following values, according to the material used—

(a) in the case of ferritic steel including normalised (normalised rolled) steel and excluding fine-grained steel and specially heat-treated steel, ²/₃ of Re/t and ⁵/₁₂ of Rm/20,

(b) in the case of austenitic steel—

(i) if its elongation after rupture exceeds 30%, ²/₃ of Re/t

(ii) or, alternatively, and if its elongation after rupture exceeds 35%, ⁵/₆ of Re/t and ¹/₃ of Rm/t,

(d) in the case of aluminium, ²/₃ of Re/t,

(e) in the case of aluminium alloys excluding precipitation hardening alloys ²/₃ of Re/t and ⁵/₁₂ of Rm/20.

Joint coefficients

38

(1) For welded joints, the joint coefficient must not exceed the following values—

(a) for equipment subject to destructive and non-destructive tests which confirm that the whole series of joints show no significant defects: 1;

(b) for equipment subject to random non-destructive testing: 0.85;

(2) If necessary, in addition to the factors referred to in sub-paragraph (1), the type of stress and the mechanical and technological properties of the joint must also be taken into account.

Pressure limiting devices, particularly for pressure vessels

39

The momentary pressure surge referred to in paragraph 16 must be kept to 10% of the maximum allowable pressure.

Hydrostatic test pressure

40

For pressure vessels, the hydrostatic test pressure referred to in paragraph 27 must be no less than whichever is greater of the following—

(a) that corresponding to the maximum loading to which the pressure equipment may be subject in service taking into account its maximum allowable pressure and its maximum allowable temperature, multiplied by the coefficient 1.25;

(b) the maximum allowable pressure multiplied by the coefficient 1.43.

Material characteristics

41

Unless other values are required in accordance with other criteria that must be taken into account, a steel is considered as sufficiently ductile to satisfy paragraph 31(3)(a) if, in a tensile test carried out by a standard procedure, its elongation after rupture is no less than 14% and its bending rupture energy measured on an ISO V test-piece is no less than 27 J, at a temperature not greater than 20oC but not higher than the lowest scheduled operating temperature.

SCHEDULE 3

1

Pressure equipment referred to in regulation 6 must be classified by category in accordance with Annex II to the Directive (as amended from time to time) according to an ascending level of hazard.

2

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