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

Regulation 3(1) and (10)

SCHEDULE 1 Premises and activities within territorial waters

Interpretation

1.—(1) In this Schedule—

“designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964(1) and “within a designated area” includes over and under it;

“offshore installation” shall be construed in accordance with paragraph 2(4) and (5);

“stand-by vessel” means a vessel which is ready to give assistance in the event of an emergency on or near an offshore installation;

“vessel” includes a hovercraft and any floating structure which is capable of being staffed.

(2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

(3) For the purposes of this Schedule, a person shall be deemed to be engaged in diving operations throughout any period from the time when he commences to prepare for diving until the time when—

(a) he is no longer subjected to raised pressure;

(b) he has normal inert gas partial pressure in his tissues; and

(c) if he entered the water, he has left it,

and diving operations include the activity of any person in connection with the health and safety of a person who is, or is deemed to be, engaged in diving operations.

(4) Any reference in this Schedule to premises and activities (howsoever described) shall include a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.

Offshore installations

2.—(1) Any offshore installation and any activity on it.

(2) Any activity, including diving operations, in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, on or from a vessel or in any other manner, other than—

(a) transporting, towing or navigating the installation; and

(b) any activity on or from a vessel being used as a stand-by vessel.

(3) Diving operations involving the survey and preparation of the sea bed for an offshore installation.

(4) Subject to sub-paragraph (5), in this Schedule “offshore installation” means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—

(a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

(b) for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;

(c) for the conveyance of things by means of a pipe; or

(d) mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,

and which is not an excepted structure.

(5) For the purposes of sub-paragraph (4), the excepted structures are—

(a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

(b) a well;

(c) a structure which has ceased to be used for any of the purposes specified in sub-paragraph (4) and has since been used for a purpose not so specified;

(d) a mobile structure which has been taken out of use and is not for the time being intended to be used for any of the purposes specified in sub-paragraph (4); and

(e) any part of a pipeline.

Wells

3.—(1) Subject to sub-paragraph (2)—

(a) a well and any activity in connection with it; and

(b) an activity which is immediately preparatory to any activity in head (a).

(2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines

4.—(1) Any pipeline.

(2) Any pipeline works.

(3) The following activities in connection with pipeline works—

(a) the loading, unloading, fuelling or provisioning of a vessel;

(b) the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,

being in either case a vessel which is engaged in pipeline works.

(4) In this paragraph—

• “pipeline” means a pipe or system of pipes for the conveyance of any thing, together with—

  (a)

  any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;

  (b)

  any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;

  (c)

  valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;

  (d)

  apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in paragraphs (a) to (c);

  (e)

  apparatus for the transmission of information for the operation of the pipe or system;

  (f)

  apparatus for the cathodic protection of the pipe or system; and

  (g)

  a structure used or to be used solely for the support of a part of the pipe or system;

• but not including a pipeline of which no initial or terminal point is situated in the United Kingdom or within territorial waters, United Kingdom territorial waters adjacent to Great Britain or a designated area;

• “pipeline works” means—

  (a)

  assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it;

  (b)

  inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline;

  (c)

  changing the position of or dismantling or removing a pipeline or length of pipeline;

  (d)

  opening the bed of the sea for the purposes of the works mentioned in paragraphs (a) to (c), and tunnelling or boring for those purposes;

  (e)

  any activities incidental to the activities described in paragraphs (a) to (d);

  (f)

  diving operations in connection with any of the works mentioned in paragraphs (a) to (e) or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines

5.—(1) The working of a mine, and work for the purpose of or in connection with the working of any part of a mine.

(2) In this paragraph “mine” and “working of a mine” have the same meaning as in the Mines Act (Northern Ireland) 1969(2).

Other activities

6.—(1) Subject to sub-paragraph (2)—

(a) the construction, reconstruction, alteration, repair, maintenance, cleaning, demolition and dismantling of any building or other structure not being a vessel, or any preparation for any such activity;

(b) the loading, unloading, fuelling or provisioning of a vessel;

(c) diving operations;

(d) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel; and

(e) the maintaining on station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(5)(d) relates.

(2) Sub-paragraph (1) shall not apply to vessels which are registered outside the United Kingdom and are on passage through territorial waters.

Regulation 10

SCHEDULE 2 Statutory provisions which give effect to Community Directives concerning the safety of products

(1)	(2)
Title	Reference
Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987	S.R. 1987 No. 328, amended by S.R. 1990 No. 102 and S.R. 1999 No. 123
The Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988	S.I. 1988/361, amended by S.I. 1992/488, S.I. 1992/3043 and 1995/2357
The Electro-medical Equipment (EEC Requirements) Regulations 1988	S.I. 1988/1586, amended by S.I. 1994/3017
The Low Voltage Electrical Equipment (Safety) Regulations 1989	S.I. 1989/728, amended by S.I. 1994/3260
The Construction Products Regulations 1991	S.I. 1991/1620, amended by S.I. 1994/3051
The Simple Pressure Vessels (Safety) Regulations 1991	S.I. 1991/2749, amended by S.I. 1994/3098
The Lawnmowers (Harmonisation of Noise Emission Standards) Regulations 1992	S.I. 1992/168
The Gas Appliances (Safety) Regulations 1992	S.I. 1992/711
The Electromagnetic Compatibility Regulations 1992	S.I. 1992/2372, amended by S.I. 1994/3080
The Supply of Machinery (Safety) Regulations 1992	S.I. 1992/3073, amended by S.I. 1994/2063
The Personal Protective Equipment (EC Directive) Regulations 1992	S.I. 1992/3139, amended by S.I. 1993/3074, 1994/2326 and 1996/3039
The Active Implantable Medical Devices Regulations 1992	S.I. 1992/3146, amended by S.I. 1995/1671
The Medical Devices Regulations 1994	S.I. 1994/3017
The Electrical Equipment (Safety) Regulations 1994	S.I. 1994/3260
The Gas Appliances (Safety) Regulations 1995	S.I. 1995/1629
Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996	S.R. 1996 No. 247, amended by S.R. 1999 No. 125
The Lifts Regulations 1997	S.I. 1997/831

Regulation 31

SCHEDULE 3 Power presses to which regulations 32 to 35 do not apply

1.  A power press for the working of hot metal.

2.  A power press not capable of a stroke greater than 6 millimetres.

3.  A guillotine.

4.  A combination punching and shearing machine, turret punch press or similar machine for punching, shearing or cropping.

5.  A machine, other than a press brake, used for bending steel sections.

6.  A straightening machine.

7.  An upsetting machine.

8.  A heading machine.

9.  A rivetting machine.

10.  An eyeletting machine.

11.  A press-stud attaching machine.

12.  A zip fastener bottom stop attaching machine.

13.  A stapling machine.

14.  A wire stitching machine.

15.  A power press for the compacting of metal powders.

Regulation 34(1)(b)

SCHEDULE 4 Information to be contained in a report of a thorough examination of a power press, guard or protection device

1.  The name of the employer for whom the thorough examination was made.

2.  The address of the premises at which the thorough examination was made.

3.  In relation to each item examined—

(a) that it is a power press, interlocking guard, fixed guard or other type of guard or protection device;

(b) where known its make, type and year of manufacture;

(c) the identifying mark of—

(i) the manufacturer;

(ii) the employer.

4.  In relation to the first thorough examination of a power press after installation or after assembly at a new site or in a new location—

(a) that it is such thorough examination;

(b) either that it has been installed correctly and would be safe to operate or the respects in which it has not been installed correctly or would not be safe to operate;

(c) identification of any part found to have a defect, and a description of the defect.

5.  In relation to a thorough examination of a power press other than one to which paragraph 4 relates—

(a) that it is such other thorough examination;

(b) either that the power press would be safe to operate or the respects in which it would not be safe to operate;

(c) identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect.

6.  In relation to a thorough examination of a guard or protection device—

(a) either that it is effective for its purpose or the respects in which it is not effective for its purpose;

(b) identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect.

7.  Any repair, renewal or alteration required to remedy a defect found to be a danger to persons.

8.  In the case of a defect which is not yet but could become a danger to persons—

(a) the time by which it could become such danger;

(b) any repair, renewal or alteration required to remedy it.

9.  Any other defect which requires remedy.

10.  Any repair, renewal or alteration referred to in paragraph 7 which has already been effected.

11.  The date on which any defect referred to in paragraph 8 was notified to the employer under regulation 34(1)(a).

12.  The qualification and address of the person making the report; that he is self-employed or, if employed, the name and address of his employer.

13.  The date of the thorough examination.

14.  The date of the report.

15.  The name of the person making the report and where different the name of the person signing or otherwise authenticating it.

Regulation 39

SCHEDULE 5 Revocation of statutory provisions

(1)	(2)	(3)
Title	Reference	Extent of revocation
Woodworking Machines Regulations (Northern Ireland) 1922	S.R. & O. (N.I.) 1922 No. 72 (p. 54)	The whole Regulations.
Power Presses Regulations (Northern Ireland) 1966	S.R. & O. (N.I.) 1966 No. 311	The whole Regulations.
Office and Shop Premises (Prescribed Dangerous Machines) Order (Northern Ireland) 1967	S.R. & O. (N.I.) 1967 No. 187	The whole Order.
Abrasive Wheels Regulations (Northern Ireland) 1971	S.R. & O. (N.I.) 1971 No. 117	The whole Regulations.
Power Presses (Amendment) Regulations (Northern Ireland) 1973	S.R. & O. (N.I.) 1973 No. 204	The whole Regulations.
Factories (Standards of Lighting) (Revocation) Regulations (Northern Ireland) 1978	S.R. 1978 No. 306	The whole Regulations.
The Offshore Installations (Application of Statutory Instruments) Regulations 1984	S.I. 1984/419	The whole Regulations.
Agriculture (Circular Saws) Regulations (Northern Ireland) 1989	S.R. 1989 No. 413	The whole Regulations.
Provision and Use of Work Equipment Regulations (Northern Ireland) 1993	S.R. 1993 No. 19	The whole Regulations.
Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996	S.R. 1996 No. 510	Regulation 26.

(1)

1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), Schedule 3, paragraph 1

(2)

1969 c. 6 (N.I.)