The Pressure Equipment (Safety) Regulations 2016

• (1) In order to determine the appropriate category for classification of pressure equipment coming within regulation 6(a) to (c), the manufacturer must refer to the following tables within Annex II to the Directive, as amended from time to time—

• (a) for pressure equipment coming within—

• (i) regulation 6(a)(i)(aa), table 1;

• (ii) regulation 6(a)(i)(bb), table 2;

• (iii) regulation 6(a)(ii)(aa), table 3;

• (iv) regulation 6(a)(ii)(bb), table 4;

• (v) regulation 6(b), table 5;

• (vi) regulation 6(c)(i)(aa), table 6;

• (vii) regulation 6(c)(i)(bb), table 7;

• (viii) regulation 6(c)(ii)(aa), table 8;

• (ix) regulation 6(c)(ii)(bb), table 9;

• (b) for pressure equipment coming within regulation 6(d), the category must be determined in accordance with paragraphs (2) and (3) of Annex II.

• (2) Where a vessel is composed of a number of chambers, it must be classified in the highest category applicable to the individual chambers and, where a chamber contains several fluids, classification must be on the basis of the fluid which requires the highest category.

3

For the purposes of the classification referred to in paragraph (1), fluids shall be divided into the following two groups—

• (1) a fluid in Group 1 means—

• (a) a substance or mixture—

• (i) as defined in Article 2(7) and (8) respectively of the CLP Regulation; and

• (ii) that is classified as hazardous in accordance with the following physical or health hazard classes laid down in Parts 2 and 3 of Annex I to the CLP Regulation—

• (aa) unstable explosives or explosives of Divisions 1.1, 1.2, 1.3, 1.4 and 1.5;

• (bb) flammable gases, categories 1 and 2;

• (cc) oxidising gases, category 1;

• (dd) flammable liquids, categories 1 and 2;

• (ee) flammable liquids, category 3 where the maximum allowable temperature is above the flashpoint;

• (ff) flammable solids, categories 1 and 2;

• (gg) self-reactive substances and mixtures, types A to F;

• (hh) pyrophoric liquids category 1;

• (ii) pyrophoric solids, category 1;

• (jj) substances and mixtures which in contact with water emit flammable gases, categories 1, 2 and 3;

• (kk) oxidising liquids, categories 1, 2 and 3;

• (ll) oxidising solids, categories 1, 2 and 3;

• (mm) organic peroxides, types A to F;

• (nn) acute oral toxicity, categories 1 and 2;

• (oo) acute dermal toxicity, categories 1 and 2;

• (pp) acute inhalation toxicity, categories 1, 2 and 3;

• (qq) specific target organ toxicity – single exposure, category 1; or

• (b) a substance or mixture contained in pressure equipment with a maximum allowable temperature TS which exceeds the flashpoint of the fluid;

• (2) a fluid in Group 2 means any substance or mixture which is not a substance or mixture within the definition of a fluid in group 1.

4

In this Schedule, “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and the Council on classification, labelling and packaging of substances and mixtures .

SCHEDULE 4 — Notified Approved body requirements

1

An approved body or recognised third party organisation must meet the requirements for conformity assessment bodies set out in this Schedule.

2

A conformity assessment body must have legal personality and must be established in—

• (a) the United Kingdom; or

• (b) the territory of a party to the CPTPP.

3

A conformity assessment body must be a third party body independent of the organisation or the pressure equipment it assesses.

4

• (1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of pressure equipment or assemblies, nor the representative of any of those parties.

• (2) Subparagraph (1) does not preclude the use of pressure equipment or assemblies that are necessary for the operations of the conformity assessment body or the use of pressure equipment for personal purposes.

5

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of pressure equipment or assemblies, or represent the parties engaged in those activities.

6

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in activity that may conflict with their independence of judgment or integrity in relation to conformity assessment activities for which they are approved (including consultancy services).

7

A conformity assessment body must ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

8

A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in those activities.

9

A conformity assessment body must be capable of carrying out all of the conformity assessment activities for which it has been authorised, whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

10

A conformity assessment body must have at its disposal—

• (a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

• (b) descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as an approved body and other activities;

• (c) procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.

11

A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities.

12

The personnel responsible for carrying out conformity assessment activities must have—

• (a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been approved;

• (b) satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;

• (c) appropriate knowledge and understanding of the essential safety requirements, of the applicable designated standards of these Regulations; and

• (d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

13

A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.

14

The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.

15

A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.

16

A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.

17

Paragraph 16 does not prevent the personnel from providing information to the Secretary of State or an enforcing authority.

18

A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any approved body coordination group ... and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

SCHEDULE 5 — User inspectorate requirements

1

A user inspectorate must be established in the United Kingdom and have legal personality.

2

A user inspectorate must be organisationally identifiable and have reporting methods within the group of which it is part which can demonstrate its impartiality.

3

• (1) A user inspectorate, its top level management and the personnel responsible for carrying out the conformity assessment tasks must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the pressure equipment or assembly which they assess, nor the authorised representative of any of those parties.

• (2) Subparagraph (1) does not preclude the use of pressure equipment or assemblies that are necessary for the operations of the user inspectorate or the use of pressure equipment for personal purposes.

4

A user inspectorate, its top level management and the personnel responsible for carrying out the conformity assessment tasks must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of that pressure equipment or assembly, or represent the parties engaged in those activities.

5

A user inspectorate, its top level management and the personnel responsible for carrying out the conformity assessment tasks must not engage in activity that may conflict with their independence of judgment or integrity in relation to conformity assessment activities for which they are notified (including consultancy services).

6

A user inspectorate and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.

7

A user inspectorate must be capable of carrying out all of the conformity assessment tasks in respect of which it has been notified, whether those tasks are carried out by the user inspectorate itself or on its behalf and under its responsibility.

8

A user inspectorate must have at its disposal at all times and for each conformity assessment procedure and each kind or category of pressure equipment in relation to which it has been notified—

• (a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;

• (b) descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as a user inspectorate and other activities; and

• (c) procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

9

A user inspectorate must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to all necessary equipment or facilities.

10

The personnel responsible for carrying out conformity assessment tasks must have—

• (a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

• (b) satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;

• (c) appropriate knowledge and understanding of the essential safety requirements, of the applicable designated standards and ... of these Regulations; and

• (d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

11

A user inspectorate must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities. User inspectorates must not engage in any activities that might conflict with their independence of judgment and integrity in relation to their inspection activities.

12

The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment tasks must not depend on the number of assessments carried out or on the results of those assessments.

13

Unless liability is assumed by the group of which it is part, a user inspectorate must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities. If liability is assumed by the group of which the user inspectorate is part, the user inspectorate must satisfy the Secretary of State that that group has adequate civil liability insurance in respect of those activities.

14

A user inspectorate must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.

15

Paragraph 14 does not prevent the personnel from providing information to the Secretary of State.

16

A user inspectorate must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any approved body coordination group ... and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

SCHEDULE 6 — Operational obligations of notified approved bodies, recognised third party organisations and user inspectorates

1

An approved body, recognised third party organisation or user inspectorate must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

2

An approved body, recognised third party organisation or user inspectorate must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

3

An approved body, recognised third party organisation or user inspectorate must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

4

An approved body, recognised third party organisation or user inspectorate must respect the degree of rigour and the level of protection required to ensure that the pressure equipment is in conformity with the requirements of these Regulations.

5

Where an approved body, recognised third party organisation or user inspectorate finds that essential safety requirements or corresponding designated standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.

6

Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, an approved body, recognised third party organisation or user inspectorate finds that pressure equipment or an assembly is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval if necessary.

7

Where the approved body, recognised third party organisation or user inspectorate has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the approved body must restrict, suspend or withdraw any certificate of conformity or approval.

8

Paragraph 9 applies where an approved body, recognised third party organisation or user inspectorate is minded to—

• (a) refuse to issue a certificate of conformity or grant an approval; or

• (b) restrict, suspend or withdraw a certificate of conformity or approval.

9

Where this paragraph applies, the approved body, recognised third party organisation or user inspectorate must—

• (a) give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

• (b) give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

• (c) take account of any such representations before taking its decision.

10

An approved body, recognised third party organisation or user inspectorate must inform the Secretary of State of—

• (a) any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

• (b) any circumstances affecting the scope of, or conditions for, notification under regulation 55 (notification);

• (c) any request for information which it has received from an enforcing authority regarding conformity assessment activities; and

• (d) on request, conformity assessment activities performed within the scope of its notification under regulation 55 and any other activity performed, including cross-border activities and subcontracting.

11

An approved body, recognised third party organisation or user inspectorate must make provision in its contracts with its clients enabling such clients to appeal against a decision—

• (a) to refuse to issue a certificate of conformity or grant an approval; or

• (b) to restrict, suspend or withdraw a certificate of conformity or approval.

12

An approved body, recognised third party organisation or user inspectorate must provide other other approved bodies carrying out similar conformity assessment activities covering the same pressure equipment and assemblies with relevant information on issues relating to negative and, on request, positive conformity assessment results.

13

An approved body, recognised third party organisation or user inspectorate must participate in the work of any approved body coordination group established by the Secretary of State, directly or by means of its designated representatives.

SCHEDULE 7 — Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act

Enforcement powers under the 1987 Act

1

For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2—

• (a) section 13 (prohibition notices and notices to warn);

• (b) section 14 (suspension notices);

• (c) section 16 (forfeiture: England and Wales and Northern Ireland);

• (d) section 17 (forfeiture: Scotland);

• (e) section 18 (power to obtain information);

• (f) section 19 (interpretation of Part II);

• (g) section 29 (powers of search etc);

• (h) section 30 (provisions supplemental to s 29);

• (i) section 31 (powers of customs officer to detain goods);

• (j) section 33 (appeals against detention of goods);

• (k) section 34 (compensation for seizure and detention);

• (l) section 35 (recovery of expenses of enforcement);

• (m) section 37 (power of Commissioners for Revenue and Customs to disclose information);

• (n) section 45 (interpretation);

• (o) section 46(1) (meaning of “supply”);

• (p) Schedule 2 (prohibition notices and notices to warn).

Modifications to the 1987 Act

2

The sections of the 1987 Act referred to in paragraph 1 are to apply as if—

• (a) in section 13—

• (i) in subsection (1), for “unsafe” on each occasion that it appears, there were substituted “ non-compliant ”;

• (ii) in subsection (1), “relevant” were omitted on each occasion that it appears;

• (iii) in subsection (2), the words from “; and the Secretary of State may” to the end were omitted;

• (iv) subsections (4) to (7) were omitted;

• (b) in section 14—

• (i) in subsection (1), after “any safety provision has been contravened in relation to any goods”, there were inserted “ or that such goods present a risk ”;

• (ii) in subsection (2(b), after “safety provision has been contravened in relation to the goods”, there were inserted “ or that such goods present a risk ”;

• (iii) in subsection (2)(c), “under section 15 below” were omitted;

• (iv) subsections (6) to (8) were omitted;

• (c) in section 16—

• (i) in subsection (1), after “a contravention in relation to the goods of a safety provision” there were inserted “ or that such goods present a risk ”;

• (ii) for subsection (2)(b) there were substituted—

• (iii) “(b) where an application with respect to some or all of the goods has been made to a magistrates' court under regulation 84 (appeals against notices) of the 2016 Regulations, or section 33, to that court; and”;

• (iv) in subsection (3), after “a contravention in relation to the goods of a safety provision” there were inserted “ or that such goods present a risk ”;

• (v) after subsection (4), there were inserted—

(4A) A court may infer for the purposes of this section that any goods present a risk, if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• (vi) in subsection (6), the words “Subject to subsection (7) below,” were omitted; and

• (vii) subsection (7) were omitted;

• (d) in section 17—

• (i) in subsection (1), after “a contravention of a safety provision”, there were inserted “ or where the goods present a risk ”;

• (ii) in subsection (6), after “a contravention in relation to those goods of a safety provision” there were inserted “ or that those goods present a risk ”;

• (iii) after subsection (7), there were inserted—

(7A) (The Sheriff may infer for the purposes of this section that any goods present a risk, if satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• (e) in section 18, subsections (3) and (4) were omitted;

• (f) in section 29—

• (i) in subsection (4)(a), after “any contravention of any safety provision in relation to the goods” there were inserted “ or whether the goods present a risk ”;

• (ii) in subsection (4)(b), after “any such contravention” there were inserted “ or whether the goods present a risk ”;

• (g) in section 30—

• (i) at the end of subsection (2)(a)(ii), for “and” there were substituted “ or ”;

• (ii) after subsection (2)(a)(ii), there were inserted—

(iii) that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk; and

; and

• (iii) subsections (5), (7) and (8) were omitted;

• (h) in section 31(1), for “Part II of this Act”, there were substituted “ the 2016 Regulations ”;

• (i) in section 34—

• (i) the word “and” at the end of subsection (1)(a) were omitted; and

• (ii) after that subsection, there were inserted—

(aa) the goods do not present a risk; and

• (j) in section 37(1), for “Part II of this Act”, there were substituted “ the 2016 Regulations ”;

• (k) in section 45(1)—

• (i) the definitions of “conditional sale agreement”, “gas”, “motor vehicle”, “personal injury”, “subordinate legislation” and “substance” were omitted;

• (ii) before the definition of “aircraft”, there were inserted—

“the 2016 Regulations” means the Pressure Equipment (Safety) Regulations 2016

• (iii) for the definition of “enforcement authority” there were substituted—

“enforcement authority” means an enforcing authority as defined in regulation 2(1) of the 2016 Regulations;

• (iv) for the definition of “goods” there were substituted—

“goods” means pressure equipment and assemblies within the scope of the 2016 Regulations;

• (v) after the definition of “modifications” there were inserted—

“non-compliant” in relation to any goods means that— 1. a safety provision has been contravened in relation to the goods; or 2. the goods present a risk;

• (vi) after the definition of “premises”, there were inserted—

“present a risk” means present a risk within the meaning set out in regulation 2(4) of the 2016 Regulations;

• (vii) for the definition of “safety provision” there were substituted—

“safety provision” means any provision of the 2016 Regulations

; and

• (viii) for the definition of “safety regulations” there were inserted—

“safety regulations” means the 2016 Regulations;

• (l) in section 46(1), the words “and, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use” were omitted; and

• (m) in Schedule 2—

• (i) for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”; and

• (ii) for “safe”, on each occasion that it appears, there were substituted “ not non-compliant ”.

SCHEDULE 8 — Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act

Enforcement powers under the 1974 Act

1

For the purposes of enforcing these Regulations and RAMS (in its application to pressure equipment and assemblies), the following sections of the 1974 Act apply subject to the modifications in paragraph 2—

• (a) section 19 (appointment of inspectors);

• (b) section 20 (powers of inspectors);

• (c) section 21 (improvement notices);

• (d) section 22 (prohibition notices);

• (e) section 23 (provisions supplementary to sections 21 and 22);

• (f) section 24 (appeal against improvement or prohibition notice);

• (g) section 25 (power to deal with cause of imminent danger);

• (h) section 25A (power of customs officer to detain articles and substances);

• (i) section 26 (power of enforcing authorities to indemnify their inspectors);

• (j) section 27 (obtaining of information by the Commission, the Executive, enforcing authorities etc);

• (k) section 27A (information communicated by Commissioners for Revenue and Customs);

• (l) section 28 (restrictions on disclosure of information);

• (m) section 33 (offences);

• (n) section 34 (extension of time for bringing summary proceedings);

• (o) section 35 (venue);

• (p) section 39 (prosecutions by inspectors);

• (q) section 41 (evidence); and

• (r) section 42 (power of court to order cause of offence to be remedied or, in certain cases, forfeiture).

Modifications to the 1974 Act

2

The sections of the 1974 Act referred to in paragraph 1 apply as if—

• (a) references to “the relevant statutory provisions” were references to—

• (i) the provisions of the 1974 Act set out in paragraph 1, as modified by this paragraph; and

• (ii) these Regulations;

• (b) references to “risk” were references to “risk” within the meaning of regulation 2(4) of these Regulations;

• (c) in regulation 19—

• (i) in subsection (1)—

• (aa) for “Every enforcing authority” there were substituted “ The Health and Safety Executive and the Office for Nuclear Regulation ”;

• (bb) for references to “it” there were substituted “ they ”;

• (cc) for “thinks” there were substituted “ think ”

• (dd) “within its field of responsibility” were omitted;

• (ii) in subsection (2), paragraph (b) were omitted;

• (iii) in subsection (3), for “enforcing authority which appointed him” there were substituted “ Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

• (d) in section 20—

• (i) in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

• (ii) in subsection (2)(c)(i), for “his (the inspector's) enforcing authority” there were substituted “ the Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

• (iii) in subsection (2)(h), for “him to have caused or to be likely to cause danger to health and safety”, there were substituted “ contravene the relevant statutory provisions or present a risk ”; and

• (iv) subsection (3) were omitted;

• (e) in section 21–

• (i) before paragraph (a), there were inserted—

(za) is making available on the market pressure equipment or an assembly which presents a risk;

• (ii) after “specifying the”, there were inserted “ risk, or ”; and

• (iii) after “requiring that person to”, there were inserted “ address the risk or ”;

• (f) for section 22(2) there were substituted—

(2) An inspector may serve a notice (in this Part referred to as “a prohibition notice”) on a person if, as regards any activities to which this section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve— (a) a risk; or (b) a contravention of a relevant statutory provision.

• (g) in section 23, subsections (3), (4) and (6) were omitted;

• (h) for section 25A(1) there were substituted—

(1) A customs officer may, for the purposes of facilitating the exercise or performance by the Health and Safety Executive, the Office for Nuclear Regulation or an inspector (as the case may be), of any of their powers and duties under any of the relevant statutory provisions, seize any imported article or imported substance and retain it for not more than two working days.

• (i) for the heading to section 26, there were substituted “ Power to indemnify inspectors ”;

• (j) in section 26, for each of the following references there were substituted “ the body ”

• (i) “the enforcing authority”;

• (ii) “that authority”; and

• (iii) “the authority”;

• (k) in section 27—

• (i) for “Executive”, on each occasion that it appears, there were substituted “ Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

• (ii) in subsection (1), paragraph (b) were omitted; and

• (iii) in subsection (1), “or, as the case may be, to the enforcing authority in question” were omitted;

• (l) for section 27A(2) there were substituted—

(2) This subsection applies to the Health and Safety Executive, the Office for Nuclear Regulation and to an inspector.

• (m) in section 28—

• (i) for “Executive”, on each occasion that it appears, there were substituted “ Health and Safety Executive ”;

• (ii) in subsection (1)(a), “, other than the Office for Nuclear Regulation (or an inspector appointed by it,” and “, by virtue of section 43A(6) below” were omitted;

• (iii) in subsection (3)(a), “or any enforcing authority” were omitted;

• (iv) in subsection (4), “or an enforcing authority” and “or authority (including, in the case of an enforcing authority, any inspector appointed by it)” were omitted; and

• (v) in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted; and

• (vi) in subsection (7), “14(4)(a) or” were omitted;

• (vii) for subsection (7)(b), there were substituted—

(b) for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;

; and

• (viii) subsection (9B) were omitted.

• (n) in section 33—

• (i) in subsection (1), paragraphs (a) to (i) and (k) to (m) were omitted;

• (ii) for subsection (2), there were substituted—

(2) A person guilty of an offence under this section 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; (b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or to both.

; and

• (o) section 33(3) were omitted.

• (p) in section 34—

• (i) in subsection (1), paragraphs (a) and (b) were omitted; and

• (ii) in subsection (1), for the words from “and it appears” to the end, there were substituted “ and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry. ”; and

• (iii) subsections (3) to (6) were omitted;

• (q) in section 35, for “any enforcing authority”, there were substituted “ the Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”;

• (r) in section 39(1), for “enforcing authority” there were substituted “ Health and Safety Executive or the Office for Nuclear Regulation as the case may be ”; and

• (s) in section 42, subsections (3A), (4) and (5) were omitted.

SCHEDULE 9 — Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order

Enforcement powers under the 1978 Order

1

For the purposes of enforcing these Regulations and RAMS (in its application to pressure equipment or assemblies), the following Articles of the 1978 Order apply subject to the modifications in paragraph 2—

• (a) Article 21 (appointment of inspectors);

• (b) Article 22 (powers of inspectors);

• (c) Article 23 (improvement notices);

• (d) Article 24 (prohibition notices);

• (e) Article 25 (provisions supplementary to Articles 23 and 24);

• (f) Article 26 (appeal against improvement or prohibition notice);

• (g) Article 27 (power to deal with cause of imminent danger);

• (h) Article 27A (power of customs officer to detain articles and substances);

• (i) Article 28 (power of enforcing authorities to indemnify inspectors);

• (j) Article 29 (obtaining of information by the Executive, enforcing authorities etc);

• (k) Article 29A (information communicated by Commissioners for Revenue and Customs);

• (l) Article 30 (restrictions on disclosure of information);

• (m) Article 31 (offences);

• (n) Article 32 (extension of time for bringing summary proceedings);

• (o) Article 33 (venue);

• (p) Article 36 (prosecution by inspectors);

• (q) Article 38 (evidence); and

• (r) Article 39 (power of court to order cause of offence to be remedied and, in certain cases, forfeiture).

Modifications to the 1978 Order

2

The Articles of the 1978 Order referred to in paragraph 1 apply as if—

• (a) references to “the relevant statutory provisions” were references to—

• (i) the provisions of the 1978 Order set out in paragraph 1, as modified by this paragraph; and

• (ii) these Regulations;

• (aa) references to “risk” were references to “risk” within the meaning of regulation 2(4) of these Regulations;

• (b) for the following references, there were substituted “ the Health and Safety Executive for Northern Ireland ”

• (i) in Article 21(1), “Every enforcing authority”;

• (ii) in Article 36, “the enforcing authority”;

• (iii) in Article 22(2)(c)(i), “his (the inspector's) enforcing authority”;

• (iv) in Articles 27A(1), “any enforcing authority” and 29A(2), “an enforcing authority”;

• (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vi) in Articles 29 and 30, “the Executive”;

• (c) in Article 21—

• (i) in paragraph (1), “within its field of responsibility” were omitted;

• (ii) in paragraph (2), sub-paragraph (b) were omitted;

• (iii) in paragraph (3), for “enforcing authority which appointed him” there were substituted “ Health and Safety Executive for Northern Ireland ”;

• (d) in Article 22(1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

• (da) in Article 22(2)(h), for “him to have caused or to be likely to cause danger to health or safety” there were substituted “contravene the relevant statutory provisions or present a risk”;

• (e) Article 22(3) were omitted;

• (ea) in Article 23—

• (i) before paragraph (a), there were inserted—

(za) is making available on the market pressure equipment or an assembly which presents a risk”; (ii) in sub-paragraph (ii), after “specifying the”, there were inserted “risk, or”; and (iii) in sub-paragraph (iv), after “requiring that person to”, there were inserted “address the risk or

• (f) for Article 24(2) and (3) there were substituted—

(2) An inspector may serve a notice (in this Part referred to as a “prohibition notice”) on a person if, as regards any activities to which this paragraph applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve— (a) a risk; or (b) the contravention of a relevant statutory provision. (3) A prohibition notice must— (a) state that the inspector is of the said opinion; (b) specify the matters which in his opinion give or, as the case may be, will give rise to the said risk; (c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of the opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and (d) direct that the activities to which the notice relates must not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of sub-paragraph (b) and any associated contraventions of provisions so specified in pursuance of sub-paragraph (c) have been remedied.

• (g) in Article 25, paragraphs (3), (4) and (5) were omitted;

• (h) in Article 28, for “the enforcing authority which appointed him”, “that authority” and “the authority”, there were, in each case, substituted “ the Health and Safety Executive for Northern Ireland ”;

• (i) in Article 29—

• (i) for paragraph 1(b) there were substituted—

(b) any information which the Health and Safety Executive for Northern Ireland needs for the discharge of its functions;

• (ii) “the Department concerned, or” and “or as the case may be, to the enforcing authority in question” were omitted;

• (j) in Article 30—

• (i) in paragraph (3), “or any enforcing authority” were omitted;

• (ii) in paragraph (4), “or an enforcing authority” and “or authority (including, in the case of an enforcing authority, any inspector appointed by it)” were omitted;

• (iii) in paragraph (5), “or the purposes of the enforcing authority in question” were omitted;

• (iv) in paragraph (6), “16(4)(a) or” were omitted;

• (v) for paragraph (6)(b), there were substituted—

(b) for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;

• (k) in Article 31(1), the following subparagraphs were omitted—

• (i) sub-paragraphs (a) to (i); and

• (ii) sub-paragraphs (k) to (m);

• (l) for Article 31(2), there were substituted—

(2) A person guilty of an offence under this Article is liable— (a) on summary conviction, 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;

• (n) Article 31(3) were omitted;

• (o) In Article 32—

• (i) in paragraph (1), sub-paragraphs (a) and (b) were omitted;

• (ii) paragraphs (3) and (4) were omitted;

• (p) in Article 33, for “any enforcing authority”, there were substituted “the Health and Safety Executive for Northern Ireland”; and

• (q) in Article 39, paragraphs (3A), (4) and (5) were omitted.

SCHEDULE 10 — Compliance, withdrawal and recall notices

Compliance notice

1

• (1) An enforcing authority may serve a compliance notice on a relevant economic operator in respect of pressure equipment or an assembly if the authority has reasonable grounds for believing that there is non-compliance with the requirements of these Regulations.

• (2) A compliance notice must—

• (a) require the relevant economic operator on which it is served to—

• (i) end the non-compliance within such period as may be specified in the notice;

• (ii) provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcing authority that the non-compliance has not in fact occurred;

• (b) warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken in respect of the pressure equipment or assembly or any pressure equipment or assembly of the same type made available on the market by that relevant economic operator.

• (3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

• (4) Subject to sub-paragraph (5), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.

• (5) An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Withdrawal notice

2

• (1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of pressure equipment or an assembly if the authority has reasonable grounds for believing that—

• (a) the pressure equipment or assembly has been made available on the market; and

• (b) either of the following conditions are met—

• (i) the pressure equipment or assembly presents a risk; or

• (ii) the pressure equipment or assembly is not in conformity with the requirements of these Regulations or RAMS (in its application to pressure equipment or assemblies).

• (2) A withdrawal notice must prohibit the relevant economic operator from making the pressure equipment or assembly available on the market without the consent of the enforcing authority.

• (3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the pressure equipment or assembly.

• (4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any pressure equipment or assembly referred to in the notice.

• (5) A consent given by the enforcing authority pursuant to a withdrawal notice may impose such conditions on the making available on the market as the enforcing authority considers appropriate.

• (6) Subject to paragraph (7), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.

• (7) An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Recall notice

3

• (1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of pressure equipment or an assembly if the authority has reasonable grounds for believing that—

• (a) the pressure equipment or assembly has been made available to end-users; and

• (b) either of the following conditions are met—

• (i) the pressure equipment or assembly presents a risk;

• (ii) the pressure equipment or assembly is not in conformity with the requirements of these Regulations or RAMS (in its application to pressure equipment or assemblies).

• (2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the pressure equipment or assembly from end-users to the relevant economic operator or another person specified in the notice.

• (3) A recall notice may—

• (a) require the recall to be effected in accordance with a code of practice;

• (b) require the relevant economic operator to—

• (i) contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

• (ii) publish a notice in such form and manner as is likely to bring to the attention of end-users any risk the pressure equipment or assembly poses and the fact of the recall;

• (iii) make arrangements for the collection or return of the pressure equipment or assembly from end-users or its disposal;

• (c) impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the pressure equipment or assembly.

• (4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

• (5) A recall notice may only be issued by the enforcing authority where—

• (a) other action which it may require under these Regulations would not suffice to address the non-compliance;

• (b) the action being undertaken by the relevant economic operator in fulfilment of the requirements of these Regulations is unsatisfactory or insufficient to address the non-compliance;

• (c) the enforcing authority has given not less than ten days' notice to the relevant economic operator of its intention to serve such a notice; and

• (d) the enforcing authority has taken account of any advice obtained under sub-paragraph (6).

• (6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—

• (a) whether there is non-compliance; and

• (b) whether the issue of a recall notice would be proportionate.

• (7) Sub-paragraphs (5)(b), (c) and (d) do not apply in the case of pressure equipment or assemblies presenting a serious risk requiring, in the view of the enforcing authority, urgent action.

• (8) Where a relevant economic operator requires the enforcing authority to seek advice under subparagraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.

• (9) In this regulation, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.

• (10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of the pressure equipment or assembly to which the recall notice relates, so far as the relevant economic operator is able to do so.

• (11) Subject to paragraph (12), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.

• (12) An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Interpretation

4

In this Schedule, “non-compliance” means that pressure equipment—

• (a) presents a risk; or

• (b) is not in conformity with the requirements of these Regulations or RAMS (in its application to pressure equipment or assemblies).

SCHEDULE 11 — EU Declaration of Conformity

EU declaration of conformity (No xxxx)

1

Pressure equipment or assembly (product, type, batch or serial number):

2

Name and address of the manufacturer and, where applicable, his authorised representative:

3

This declaration of conformity is issued under the sole responsibility of the manufacturer.

4

Object of the declaration (identification of pressure equipment or assembly allowing traceability; it may, where necessary for the identification of the pressure equipment or assembly, include an image):

• (a) Description of the pressure equipment or assembly;

• (b) Conformity assessment procedure followed;

• (c) In the case of assemblies, description of the pressure equipment constituting the assembly, and the conformity assessment procedures followed;

5

The object of the declaration described above is in conformity with the relevant statutory requirements:

6

References to the relevant designated standards used or references to the other technical specifications in relation to which conformity is declared:

7

Where appropriate, the name, address and number of the approved body which carried out the conformity assessment and the number of the certificate issued, and a reference to the EU-type examination certificate – production type, EU-type examination certificate – design type, ... design examination certificate or certificate of conformity.

8

Additional information:

• Signed for and on behalf of:

• (place and date of issue):

• (name, function) (signature):

• (where appropriate, particulars of the signatory authorised to sign the legally binding declaration for the manufacturer or his authorised representative):

SCHEDULE 12 — Consequential amendments and revocations

Amendment of the Provision and Use of Work Equipment Regulations 1998

1

In Schedule 1 to the Provision and Use of Work Equipment Regulations 1998 omit the entry “The Pressure Equipment Regulations 1999” and in the appropriate place insert “ The Pressure Equipment (Safety) Regulations 2016 ”.

Amendment of the Provision and Use of Equipment at Work Regulations (Northern Ireland) 1999

2

In Schedule 1 to the Provision and Use of Equipment at Work Regulations (Northern Ireland) 1999 omit the entry “The Pressure Equipment Regulations 1999” and in the appropriate place insert “ The Pressure Equipment (Safety) Regulations 2016 ”.

Amendment of the Pressure Systems Safety Regulations 2000

3

• (1) The Pressure Systems Safety Regulations 2000 are amended as follows.

• (2) For regulation 14(1)(c) substitute the following—

(c) instructions specified in paragraph 30 of Schedule 2 to the Pressure Equipment (Safety) Regulations 2016, and provided pursuant to regulation 14 or 24 of those Regulations.

• (3) In Schedule 1, for subparagraph (1)(b) substitute—

(b) pressure equipment or assemblies within the meaning of the Pressure Equipment (Safety) Regulations 2016 to which regulation 6, 7 or 8 of those Regulations applies.

Amendment of the Pressure Systems Safety Regulations (Northern Ireland) 2004

4

• (1) The Pressure Systems Safety Regulations (Northern Ireland) 2004 are amended as follows.

• (2) For regulation 14(1)(c) substitute the following—

(c) instructions specified in paragraph 30 of Schedule 2 to the Pressure Equipment (Safety) Regulations 2016 and provided pursuant to regulation 14 or 24 of those Regulations.

• (3) In Schedule 1, Part II, for sub-paragraph 1(b) substitute “ pressure equipment or assemblies within the meaning of the Pressure Equipment (Safety) Regulations 2016 to which regulation 6, 7 or 8 of those Regulations applies. ”

Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information)(Specification) Order 2004

5

• (1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information)(Specification) Order 2004 is amended as follows.

• (2) In Schedule 1, omit the entry “Pressure Equipment Regulations 1999” and in the appropriate place insert “ The Pressure Equipment (Safety) Regulations 2016 ”.

• (3) In Schedule 2, omit the entry in respect of Pressure Equipment Regulations 1999.

Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

6

• (1) The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 is amended as follows.

• (2) In Part 3 of the Schedule, under the heading “Public Health and Safety”, omit the entry “The Pressure Equipment Regulations 1999” and in the appropriate place insert “ The Pressure Equipment (Safety) Regulations 2016 ”;

• (3) In Part 8 of the Schedule, omit the entry “The Pressure Equipment Regulations 1999” and in the appropriate place insert “ The Pressure Equipment (Safety) Regulations 2016 ”; and

• (4) In Part 13 of the Schedule, omit the entry “The Pressure Equipment Regulations 1999” and in the appropriate place insert “ The Pressure Equipment (Safety) Regulations 2016 ”.

Amendment of the Legislative Reform (Health and Safety Executive) Order 2008

7

In Schedule 3 to the Legislative Reform (Health and Safety Executive) Order 2008, omit the entry referring to the Pressure Equipment Regulations 1999.

Amendment of the Supply of Machinery (Safety) Regulations 2008

8

In Schedule 7 to the Supply of Machinery (Safety) Regulations 2008, omit the entry at paragraph 3 referring to the Pressure Equipment Regulations 1999.

Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

9

• (1) The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 is amended as follows.

• (2) In Part 4 of Schedule 1, omit the entry “The Pressure Equipment Regulations 1999” and after the last entry insert “ The Pressure Equipment (Safety) Regulations 2016 ”;

• (3) In Part 2 of Schedule 2, omit the entry “The Pressure Equipment Regulations 1999” and after the last entry insert “ The Pressure Equipment (Safety) Regulations 2016 ”.

Amendment of the Fluorinated Greenhouse Gases Regulations 2015

10

In regulation 25(11)(c)(iii) of the Fluorinated Greenhouse Gases Regulations 2015 for “the Pressure Equipment Regulations 1999” substitute “ the Pressure Equipment (Safety) Regulations 2016 ”.

Amendment of the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015

11

In regulation 23(11)(c)(iii) of the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 for “the Pressure Equipment Regulations 1999” substitute “ the Pressure Equipment (Safety) Regulations 2016 ”.

Amendment of the Consumer Rights Act 2015

12

Subject to regulation 90(3), in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 —

• (a) omit the entry “paragraph 2(a) or 3(3)(a) of Schedule 8 to the Pressure Equipment Regulations 1999 (SI 1999/2001);”, and

• (b) at the appropriate place insert—

regulation 67(1) or (2) of the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105);

Signed

Margot James — Parliamentary Under Secretary of State Minister for Small Business, Consumers and Corporate Responsibility — 2016-11-15

Explanatory note

(This note is not part of these Regulations)

Footnotes

[^f00001]: S.I. 1998/2793.

[^f00002]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

[^f00004]: 1974 c.37.

[^f00005]: S.I. 1978/1039 (N.I. 9).

[^f00006]: 1987 c.43.

[^f00007]: S.I. 1999/2001 as amended by S.I. 2002/1267, S.I. 2008/1597, 2012/1809, S.I. 2014/469, S.I. 2015/399.

[^f00008]: OJ No L 189, 27.6.2014, p. 164, as corrected by OJ No L 157, 23.6.2015, p112.

[^f00009]: 1972 c.9.

[^f00010]: OJ No L 316, 14.11.2012, p12.

[^f00011]: OJ No L 218, 13.8.2008, p. 30.

[^f00012]: 1985 c.72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c.43), Schedule 1, paragraph 4, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 144 and the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 75.

[^f00013]: Established under section 10 of the Health and Safety at Work etc Act 1974.

[^f00014]: Established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978.

[^f00015]: 2013 c.32.

[^f00016]: S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^f00017]: For the investigatory powers available to an enforcing authority for the purposes of the duty imposed by regulation 67, see Schedule 5 to the Consumer Rights Act 2015 (c.15).

[^f00018]: S.I. 2005/1083.

[^f00019]: 1995 c.46.

[^f00020]: 1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.

[^f00021]: S.I. 1981/1675 (N.I. 26).

[^f00022]: Directive 97/23/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to pressure equipment, OJ No L181, 9.7.1997, p.1.

[^f00023]: OJ No L 96, 29.3.2014 p.45

[^f00024]: OJ No L 147, 9.6.1975, p.40

[^f00025]: OJ L 263, 9.10.2007, p.1.

[^f00026]: OJ L 60, 2.3.2013, p.1.

[^f00027]: OJ L 60 2.3.2013, p.52.

[^f00028]: OJ L 157, 9.6.2006, p.24.

[^f00029]: OJ L 96, 29.3.2014, p.251.

[^f00030]: OJ L 96, 29.3.2014, p.357.

[^f00031]: OJ L 169, 12.7.1993, p.1.

[^f00032]: OJ L 330, 16.12.2009, p.10.

[^f00033]: OJ L 96, 29.3.2014, p.309.

[^f00034]: OJ L 260, 30.9.2008, p.13.

[^f00035]: OJ L 165, 30.6.2010, p. 1.

[^f00036]: OL L 353, 31.12.2008.

[^f00037]: It is optional for the manufacturer to assign a number to the declaration of conformity.

[^f00038]: S.I. 1998/2306.

[^f00039]: S.R. 1999/305.

[^f00040]: S.I. 2000/128.

[^f00041]: S.R. 2004/222.

[^f00042]: S.I. 2004/693.

[^f00043]: S.I. 2007/3544.

[^f00044]: S.I. 2009/669.

[^f00045]: S.I. 2015/310.

[^f00046]: S.R. 2015/425.

[^f00047]: 2015 c.15.

Requirement for pressure equipment and assemblies to comply with sound engineering practice

EU declaration of conformity

CE marking

European approval for materials

Contents of notification

Monitoring

United Kingdom Accreditation Service

Changes to notifications

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

Subsidiaries and contractors

Revocations, amendments and savings

Editorial notes

[^c23178071]: S.I. 1998/2793.

[^c23178081]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

[^c23178091]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

[^c23178101]: 1974 c.37.

[^c23178111]: S.I. 1978/1039 (N.I. 9).

[^c23178121]: 1987 c.43.

[^c23178131]: S.I. 1999/2001 as amended by S.I. 2002/1267, S.I. 2008/1597, 2012/1809, S.I. 2014/469, S.I. 2015/399.

[^c23178141]: OJ No L 189, 27.6.2014, p. 164, as corrected by OJ No L 157, 23.6.2015, p112.

[^c23178151]: 1972 c.9.

[^c23178171]: OJ No L 218, 13.8.2008, p. 30.

[^c23178181]: 1985 c.72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c.43), Schedule 1, paragraph 4, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 144 and the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 75.

[^c23178191]: Established under section 10 of the Health and Safety at Work etc Act 1974.

[^c23178201]: Established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978.

[^c23178211]: 2013 c.32.

[^c23178221]: S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^c23178231]: For the investigatory powers available to an enforcing authority for the purposes of the duty imposed by regulation 67, see Schedule 5 to the Consumer Rights Act 2015 (c.15).

[^c23178241]: S.I. 2005/1083.

[^c23178251]: 1995 c.46.

[^c23178261]: 1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.

[^c23178271]: S.I. 1981/1675 (N.I. 26).

[^c23178281]: Directive 97/23/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to pressure equipment, OJ No L181, 9.7.1997, p.1.

[^c23178321]: OJ L 60, 2.3.2013, p.1.

[^c23178331]: OJ L 60 2.3.2013, p.52.

[^c23178421]: OL L 353, 31.12.2008.

[^c23178431]: It is optional for the manufacturer to assign a number to the declaration of conformity.

[^c23178441]: S.I. 1998/2306.

[^c23178451]: S.R. 1999/305.

[^c23178461]: S.I. 2000/128.

[^c23178471]: S.R. 2004/222.

[^c23178481]: S.I. 2004/693.

[^c23178491]: S.I. 2007/3544.

[^c23178501]: S.I. 2009/669.

[^c23178511]: S.I. 2015/310.

[^c23178521]: S.R. 2015/425.

[^c23178531]: 2015 c.15.

[^key-002daed2080d437f7281887a25da57fc]: Word in Sch. 4 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 24 para. 47(a) (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-03a7cf3cfec759cef1620d9463c02b6e]: Reg. 73(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 24 para. 39(a) (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-047fd8732177b201665dd6152ddd40b3]: Word in Sch. 2 para. 21(4) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 24 para. 45(a) (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0499df01e4835652b0e9d1738bb93a5a]: Word in reg. 12 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 24 para. 8 (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)