Conditions of use
4.—(1) The owner or lessee of a container shall not use or permit that container to be used unless—
(a)it has valid approval in accordance with Regulation 5, and
(b)it has a valid safety approval plate fixed to it in accordance with Regulation 6, and
(c)it is properly maintained, and
(d)the examination requirements in Regulation 7 are met in respect of that container, and
(e)all markings on the container showing maximum gross weight are consistent with the maximum gross weight information on the safety approval plate, except that if construction of the container commenced before 1st January 1984 then compliance with this sub-paragraph is not required before 1st January 1989.
(2) Any other person using or permitting the use of a container shall, so far as is reasonably practicable, ensure that—
(a)a valid safety approval plate is fixed to it in accordance with Regulation 6, and
(b)all markings on the container showing maximum gross weight are consistent with the maximum gross weight information on the safety approval plate, except that if construction of the container commenced before 1st January 1984 then compliance with this sub-paragraph is not required before 1st January 1989.
(3) Where it is an express term of a bailment of a container that the bailee should be responsible for ensuring that the container is maintained or examined, the bailee shall, in addition to any duty placed on him by paragraph (2), ensure that—
(a)it is properly maintained, and
(b)the examination requirements in Regulation 7 are met in respect of that container.
(4) It shall be a defence to any proceedings for using or permitting to be used a container which does not have a valid approval in accordance with Regulation 5 that at the time of the contravention an approval had been given by an organisation authorised for this purpose by the Health and Safety Executive before these Regulations come into operation and such an approval had not ceased to be valid for the purposes for which it was given.
(5) It shall be a defence to any proceedings for using or permitting a container to be used which had not been properly maintained or examined that at the time of the contravention a bailment or lease was in force in respect of the container and
(a)in the case of an owner, that it was an express term of the bailment or lease that the bailee or lessee, as the case may be, should be responsible for ensuring that the container was maintained or examined,
(b)in the case of a lessee
(i)that it was not an express term of the lease that he should be responsible for ensuring that the container was maintained or examined, or
(ii)that he had become a lessor under a further lease and that it was an express term of the further lease that the further lessee should be responsible for ensuring that the container was maintained or examined,
(c)in the case of a bailee that he had become a bailor, under a further bailment and that it was an express term of the further bailment that the further bailee should be responsible for ensuring that the container was maintained or examined.