Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993

Regulation 5

SCHEDULE 2 AMENDMENTS

1.  The Construction (Lifting Operations) Regulations (Northern Ireland) 1963(1) shall be amended as follows—

(a) in regulation 19(4), for the final sentence, substitute—

• “A record of every such test and the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made forthwith”;

(b) In regulation 23(2), for “certificate of test and examination”, substitute—

• “record of the results of any test and thorough examination”;

(c) for regulation 28(5), substitute the following paragraph—

“(5) No crane, crab winch, pulley block or gin wheel shall be used unless there has been obtained a record of any test and thorough examination required by paragraphs (1) and (2) and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993”.

(d) for regulation 28(6), substitute the following paragraph—

“(6) A record of every test or thorough examination required by paragraphs (1) to (3), containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days:

• Provided that this paragraph shall not apply to a test or thorough examination of which a record has been obtained in accordance with paragraph (5)”;

(e) for regulation 28(7) substitute the following paragraph—

“(7) The person authenticating the record of any test or examination required by paragraphs (1) to (3) shall within twenty-eight days of the completion of the test or examination send a copy of the particulars in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision in every case where the test or examination shows that the plant or equipment cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.”;

(f) for regulation 34(1)(b), substitute the following sub-paragraph—

“(b) (except in the case of a wire rope used before the commencement of these Regulations or a fibre rope or fibre rope sling) it has been tested and examined by a competent person and a record of such test and examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained; and”;

(g) in regulation 34(2), for “report”, in each place where that word occurs, substitute “record”;

(h) in regulation 35—

(i) for the words from “in the prescribed form” to “specifying the safe working load:”, substitute the following—

• “a record of such test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993:”, and

(ii) for “certification”, substitute “obtaining a record”;

(i) in regulation 40, for the final sentence, substitute the following—

• “A record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made forthwith.”;

(j) in regulation 46(1)(a), for the words from “and there has been obtained” to the end, substitute the following—

• “and a record of such test and thorough examination, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained;”;

(k) in regulation 46(1)(b), for the words from “and a report of the results” to the end, substitute the following—

• “and a record of results of such test and thorough examination, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been made; and”;

(l) for regulation 46(2), substitute the following paragraph—

“(2) A record of every thorough examination required by sub-paragraph (c) of the foregoing paragraph and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days.”;

(m) for regulation 46(3), substitute the following paragraph—

• “The person authenticating the record of any test or examination required by paragraph (1) shall within twenty-eight days of the completion of the test or examination send a copy of the particulars contained in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision in every case where the test or examination shows that the hoist cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time”;

(n) in regulation 50(1)—

(i) after “reports” where it first occurs, add “or records”,

(ii) after “kept” where it first occurs, add “or the particulars in them shall be capable of inspection (which shall include the ability to make an accurate and legible written copy)”, and

(iii) after “kept” where it second occurs, add “or the particulars contained in them shall be capable of inspection as aforesaid”;

(o) in regulation 50(2):

(i) for “documents” and “document” on the occasion where each occurs, substitute “record”, and

(ii) for “certificate” where it last occurs, substitute “certificate or record”; and

(p) in regulation 50(3), for “documents”, substitute “records”, and for “document”, substitute “record”.

2.  The Factories Act (Northern Ireland) 1965(2) shall be amended as follows—

(a) for section 23(2), substitute the following sub-section—

“(2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months and a record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days, and any such record shall be kept and the particulars in it shall be available for inspection as if it formed part of the general register.”;

(b) for section 23(3), substitute the following sub-section—

“(3) Where the thorough examination shows that the hoist or lift cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person who authenticates the record shall within twenty-eight days of the completion of the thorough examination send a copy of the particulars contained in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision.”;

(c) for section 27(1)(e), substitute the following paragraph—

“(e) a chain, rope or lifting tackle, except a fibre rope or a fibre rope sling, shall not be taken into use in any factory for the first time in that factory, unless it has been tested and thoroughly examined by a competent person and a record of the test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained and the particulars in that record are kept available for inspection;”;

(d) for section 27(1)(g), substitute the following paragraph—

“(g) a record containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be kept in respect of all such chains, ropes or lifting tackle, except fibre rope slings.”;

(e) for section 28(2), substitute the following sub-section—

“(2) All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months and a record shall be kept of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 and where the thorough examination shows that the lifting machine can not continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person who authenticates the record shall within twenty-eight days of the completion of the thorough examination send a copy of the particulars in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision.”; and

(f) in section 28(6), for the words from “certificate of the test” to the end, substitute the following—

• “record of the test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained and the particulars in that record are kept available for inspection.”

3.  The Office and Shop Premises (Hoists and Lifts) Regulations (Northern Ireland) 1969(3) shall be amended as follows—

(a) in regulation 6(1)—

(i) for the words from “report of the result of every such examination” to “examination and”, substitute the following—

• “record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993”, and

(ii) for “report of the result of the examination”, substitute “record of the thorough examination and of the results thereof”;

(b) for regulation 6(2), substitute the following paragraph—

“(2) The record of every thorough examination and of the results thereof made in pursuance of paragraph (1) shall be preserved and the particulars in that record shall be kept readily available for inspection by any inspector for, in each case, two years after the date when the record is signed or otherwise authenticated.”; and

(c) in regulation 6(3)—

(i) for “making the report”, substitute “who authenticates the record”, and

(ii) for “copy of the report”, substitute “copy of the particulars contained in the record”.

4.  The Shipbuilding and Ship-repairing Regulations (Northern Ireland) 1971(a) shall be amended as follows—

(a) in regulation 33(1), for the second sentence, substitute—

• “A record of such test and thorough examination and of the results thereof containing the particulars required by the Lifting Plant and Equipment (Record of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall have been obtained and the particulars in that record shall be available for inspection”;

(b) for regulation 33(2), substitute the following paragraph—

“(2) Subject to paragraphs (4) and (5), every lifting appliance shall be thoroughly examined by a competent person at least once in every period of twelve months and a record of every such examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be kept and the particulars in that record shall be available for inspection. In the case of lifting appliances in a shipyard, the person by whom the record is authenticated shall within twenty-eight days of the completion of the examination send a copy of the particulars in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision in every case where the examination shows that the lifting appliance can not continue to be used with safety unless certain repairs are carried out immediately or within a specified time.”;

(c) in regulation 35(1), for the words from “A certificate of test” to “shall be available for inspection”, substitute—

• “A record of such test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall have been obtained and the particulars in that record shall be available for inspection,”;

(d) in regulation 35(2), for the words from “a certificate of such test” to the end, substitute—

• “a record of such test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained and the particulars in that record are available for inspection.”; and

(e) in regulation 36(1) and (2), for the words from “reports of the results” to the end, substitute in each case—

• “records of such thorough examinations and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be kept and the particulars in the records shall be available for inspection”.

5.  The Docks Regulations (Northern Ireland) 1989(4) shall be amended as follows:—

(a) in regulation 15(1)(a)(i) for “certificate or report” substitute “record” and for the word “or” where it second occurs, substitute the word “and”, and

(b) in regulation 17, for “certificate or report”, on each occasion where those words occur, substitute “record”.

(1)

S.R. & O. (N.I.) 1963 No. 86

(2)

1965 c. 20

(3)

S.R. & O. (N.I.) 1971 No. 372

(4)

S.R. 1989 No. 320, to which there are amendments not relevant to these Regulations