The Simple Pressure Vessels (Safety) Regulations 1991

Regulation 4

SCHEDULE 1 ESSENTIAL SAFETY REQUIREMENTS

PART 1 MATERIALS

1.  Materials must be selected according to the intended use of the vessels and in accordance with the following provisions of this Part.

Pressurised components

2.  The non-alloy quality steel, non-alloy aluminium or non-age hardening aluminimum alloy used to manufacture the pressurised components must:

• be capable of being welded;

• be ductile and tough, so that a rupture at the minimum working temperature does not give rise to either fragmentation or brittle-type fracture; and

• not be adversely affected by ageing.

• For steel vessels, the materials must in addition meet the requirements set out in paragraph 3 below and, for aluminium or aluminium alloy vessels, those set out in paragraph 4 below. They must be accompanied by an inspection slip.

Steel vessels

3.  Non-alloy quality steels must meet the following requirements:

(a) they must be non-effervescent and be supplied after normalisation treatment, or in an equivalent state;

(b) the content per product of carbon must be less than 0.25% and that of sulphur and phosphorus must each be less than 0.05%; and

(c) they must have the following mechanical properties per product:

• the maximum tensile strength must be less than 580 Newtons per square millimetre (N/mm

• the elongation after rupture must be:

  • if the test piece is taken parallel to the direction of rolling:

    • thickness – 3mm: A – 22%

    • thickness A – 17%

  • if the test piece is taken perpendicular to the direction of rolling:

    • thickness – 3mm: A – 20%

    • thickness A – 15%; and

• the average rupture energy for three longitudinal test pieces at the minimum working temperature must not be less than 35 Joules per square centimetre (J/cm Not more than one of the three figures may be less than 35 J/cm with a minimum of 25 J/cm

• In the case of steels used to manufacture vessels whose minimum working temperature is lower than minus 10° C and whose wall thickness exceeds 5 millimetres, the average rupture energy must be checked.

Aluminium vessels

4.  Non-alloy aluminium must have an aluminium content of at least 99.5% and non-age hardening aluminium alloys must display adequate resistance to intercrystalline corrosion at the maximum working temperature. Moreover these materials must meet the following requirements:

(a) they must be supplied in an annealed state; and

(b) they must have the following mechanical properties per product:

• the maximum tensile strength must be no more than 350 N/mm and

• the elongation after rupture must be:

  • A – 16% if the test piece is taken parallel to the direction of rolling

  • A – 14% if the test piece is taken perpendicular to the direction of rolling.

Welding materials

5.  The welding materials used to make the welds on or of the vessel must be appropriate to and compatible with the materials to be welded.

Accessories contributing to the strength of the vessel

6.  These accessories (bolts, nuts etc) must be made either of a material specified in paragraphs 2 to 4 above or of another kind of steel, aluminium or aluminium alloy which:

• is appropriate to and compatible with the materials used to manufacture the pressurised components; and

• at the minimum working temperature has an appropriate elongation after rupture and toughness.

Non-pressurised components

7.  All welded non-pressurised components must be of a material which is compatible with that of the parts to which they are welded.

PART 2 VESSEL DESIGN

8.  The manufacturer must, when designing the vessel, define the use to which it will be put, and select:

• the minimum working temperature;

• the maximum working temperature; and

• the maximum working pressure.

• However, should a minimum working temperature higher than minus 10° C be selected, the properties required of the materials must be satisfied at minus 10° C.The manufacturer must also take account of the following requirements:

• it must be possible to inspect the inside of the vessels;

• it must be possible to drain the vessels;

• the mechanical qualities must be maintained throughout the period of use of the vessel for its intended purpose;

• the vessels must, bearing in mind their envisaged use, be adequately protected against corrosion,

• and of the fact that under the conditions of use envisaged:

• the vessels will not be subjected to stresses likely to impair their safety in use; and

• the internal pressure will not permanently exceed the maximum working pressure; however, it may momentarily do so by up to 10%.Circular and longitudinal seams must be made using full penetration welds or welds of equivalent effectiveness. Dished ends other than hemispherical ones must have a cylindrical edge.

Wall thickness

9.  In the case of vessels of Category A.2 or A.3 whose maximum working temperature does not exceed 100° C, the manufacturer must select either the calculation method or the experimental method, as defined below, for determining vessel wall thickness.

In the case of vessels in Category A.1 or vessels in Category A.2 or A.3 whose maximum working temperature exceeds 100° C, the calculation method must be used.

However, the actual wall thickness of the cylindrical component and ends must in any case be not less than 2 millimetres in the case of steel vessels, and not less than 3 millimetres in the case of aluminium or aluminium alloy vessels.

Calculation method:

The minimum thickness of the pressurised components must be calculated having regard to the intensity of the stresses and to the following requirements:

• the calculation pressure to be taken into account must not be less than the maximum working pressure; and

• the permissible general membrane stress must not exceed 0.6 times the yield strength at the maximum working temperature(R or 0.3 times the tensile strength (R whichever value is the lower. The manufacturer must use the minimum values of R and R guaranteed by the producer of the materials in order to determine the permissible stress.

However, where the cylindrical component of the vessel has one or more longitudinal welds made using a non-automatic welding technique, the thickness calculated as above must be multiplied by the coefficient 1.15.

Experimental method:

Wall thickness must be so determined as to enable the vessels to resist at ambient temperature a pressure equal to at least 5 times the maximum working pressure, with a maximum permanent circumferential deformation factor of 1%.

PART 3 MANUFACTURING PROCESSES

10.  Vessels must be constructed and checked in accordance with the design and manufacturing schedule referred to in Schedule 3.

Preparation of the component parts

11.  The preparation of the component parts (eg forming and chamfering) must not give rise to surface defects, cracks or changes in the mechanical properties of those parts likely to be detrimental to the safety of the vessels.

Welds on pressurised components

12.  The characteristics of welds and adjacent zones must be similar to those of the welded materials and must be free of any surface or internal defects detrimental to the safety of the vessels.Welds must be made by appropriately qualified welders or operators in accordance with approved welding techniques. “Qualified” means qualified by means of tests carried out by an approved body; and “approved” means approved by such a body.The manufacturer must also, during manufacture, ensure consistent weld quality by conducting appropriate tests using adequate procedures. These tests must be the subject of a written report.

PART 4 DEFINITIONS AND SYMBOLS

Definitions

13.  In this Schedule–

(a) “minimum working temperature” means the lowest stabilised temperature in the wall of the vessel under normal conditions of use;

(b) “inspection slip” means the document by which the producer of the materials certifies that the materials delivered to the manufacturer meet the requirements set by the manufacturer, and in which the producer sets out the results of the routine inspection tests carried out during the production of those materials (or of materials produced by the same process but not being the materials delivered to the manufacturer) in particular as to their chemical composition and mechanical properties;

(c) “maximum working temperature” means the highest stabilised temperature in the wall of the vessel under normal conditions of use;

(d) “maximum working pressure” means the maximum gauge pressure which may be exerted under normal conditions of use; and

(e) “yield strength at the maximum working temperature” means:

• the upper yield point for a material with both a lower and an upper yield point; or

• the proof stress at 0.2%; or

• the proof stress at 1.0% in the case of non-alloy aluminium.

Symbols

14.  In this Schedule–

(a) “A” means the percentage elongation after rupture (L N S where L is the gauge length expressed in millimetres and S is the cross-sectional area of the test section expressed in square millimetres; and

(b) “A_80mm” means the percentage elongation after rupture (L_o = 80mm).

Regulations 2, 4 and 14

SCHEDULE 2 EC MARK AND INSCRIPTIONS

1.  The EC mark, and the other inscriptions specified below, must be affixed in a visible, easily legible and indelible form, either to the vessel itself or to a data plate attached to the vessel in such a way that it cannot be removed.

2.  The other inscriptions required are–

• maximum working pressure in bar

• maximum working temperature in ° C

• minimum working temperature in ° C

• capacity of the vessel in litres

• name or mark of the manufacturer

• type and serial or batch identification of the vessel.

3.  If a data plate is used, it must be so designed that it cannot be re-used, and must include a vacant space to enable other information to be provided.

4.  The EC mark on a vessel of any series consists of the symbol “CE” of which a form is shown for the purposes of illustration below, the last two digits of the year in which the mark is affixed, and (where applicable) the distinguishing number assigned, under Article 9.1 of the Directive, to the approved body responsible for EC verification or EC surveillance in the case of vessels of that series.

Regulation 10

SCHEDULE 3 DESIGN AND MANUFACTURING SCHEDULE

1.  The design and manufacturing schedule must contain a description of the techniques and operations employed in order to meet a relevant national standard or the essential safety requirements specified in Schedule 1.

2.  In particular it must comprise–

(a) a detailed manufacturing drawing of the vessel type;

(b) the manufacturer’s instructions;

(c) a document describing–

(i) the materials selected;

(ii) the welding techniques selected;

(iii) the checks selected; and

(iv) any pertinent details as to the vessel design.

3.  In the case of a schedule relating to two or more vessels of the same family, variations in length of the cylindrical component resulting in modifications of apertures or penetrations must be shown in the drawing for each variant.

4.  In the case of a schedule provided pursuant to regulation 12(3)(b) or regulation 13(3)(b), it must also comprise–

(a) evidence of approval by an approved body of the welding techniques employed and of the welders' and operators' qualifications;

(b) the inspection slip, as defined in paragraph 13(b) of Schedule 1, for the materials used in the manufacture of components and assemblies contributing to the strength of the vessel; and

(c) a report on the examinations and tests performed, or a description of the proposed checks.

Regulation 11

SCHEDULE 4 FAMILIES OF VESSELS

Vessels form part of the same family if they differ from the prototype only–

(a) in diameter (provided always that they meet the requirements of paragraph 9 of Schedule 1 as to wall thickness);

(b) in the length of the cylindrical component, provided that–

(i) where the prototype has one or more shell rings in addition to the ends, they all have at least one shell ring; or

(ii) where the prototype consists of two outwardly dished ends, none of them has any shell ring; or

(c) in both (a) and (b).

Regulation 19

SCHEDULE 5 ENFORCEMENT

Enforcement in Great Britian in relation to vessels for use at work

1.  In Great Britain, in relation to vessels and relevant assemblies for use at work–

(a) it shall be the duty of the Executive to make adequate arrangements for the enforcement of these Regulations, and accordingly a reference in the provisions applied to these Regulations by sub-paragraph (b) below to an “enforcing authority” shall be construed as a reference to the Executive;

(b) sections 19 to 21, 23, 24(1), 25A to 28(2), 33 to 35(3), 38, 39 and 41 of the 1974 Act shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if–

(i) references to relevant statutory provisions were references to those sections as applied by this paragraph and to these Regulations;

(ii) references to articles, substances, articles or substances, or plant, were references to vessels or relevant assemblies;

(iii) references to the field of responsibility of an enforcing authority, however expressed, were omitted;

(iv) in section 20, subsection (3) were omitted;

(v) in sections 23 and 24, the references to prohibition notices were omitted;

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

(vii) in section 24, paragraph (b) of subsection (3) were omitted;

(viii) in section 33–

(aa) in subsection (1)–

(A) the whole of paragraphs (a) to (d) were omitted;

(B) in paragraph (e) the words “or 25” were omitted;

(C) in paragraph (g) the words “or prohibition” and “or a prohibition notice” were omitted; and

(D) paragraph (o) applied only to failure to comply with a court order under section 42(1) to (3) as applied to these Regulations by subparagraph (c) of this paragraph;

(bb) in subsection (2), the reference to paragraph (d) of subsection (1) were omitted; and

(cc) for subsection (3) there were substituted the following:–

“(3) A person guilty of an offence under any paragraph of subsection (1) not mentioned in the preceding subsection shall be liable–

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or

(b) on conviction on indictment–

(i) in the case of an offence under subsection (1)(j), to imprisonment for a term not exceeding two years, or a fine, or both; or

(ii) in all other cases, to a fine.”; and

(dd) subsection (4) were omitted; and

(ix) in section 34, paragraphs (a) and (b) were omitted from subsection (1); and

(c) sections 36(1) and (2), 37 and 42(1) to (3) shall apply in relation to offences under section 33 as applied to these Regulations and as modified by sub-paragraph (b)(viii) above.

Enforcement in Northern Ireland in relation to vessels for use at work

2.  In Northern Ireland, in relation to vessels and relevant assemblies as articles for use at work–

(a) it shall be the duty of the Department of Economic Development to make adequate arrangements for the enforcement of these Regulations, and accordingly a reference to the provisions applied to these Regulations by sub-paragraph (b) below to an “enforcing authority” or to “the Department concerned” shall be construed as a reference to that Department;

(b) articles 21 to 23, 25, 26(4), 27A to 33(5), 35, 36, and 38 of the Order shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if–

(i) references to relevant statutory provisions where references to those articles as applied by this paragraph and to these Regulations;

(ii) references to articles, substances, articles or substances, or plant, were references to vessels and relevant assemblies;

(iii) references to the field of responsibility of an enforcing authority, however expressed, were omitted;

(iv) in article 22, paragraph (3) were omitted;

(v) in articles 25 and 26, the references to prohibition notices were omitted;

(vi) in article 25, paragraphs (3), (4) and (5) were omitted;

(vii) in article 26, sub-paragraph (b) of paragraph (2) were omitted;

(viii) in article 31–

(aa) in paragraph (1)–

(A) the whole of sub-paragraphs (a) to (d) were omitted;

(B) in sub-paragraph (e) the words “or 27” were omitted;

(C) in sub-paragraph (g) the words “or prohibition” and “or a prohibition notice” were omitted; and

(D) sub-paragraph (o) applied only to failure to comply with a court order under article 39(1) to (3) as applied to these Regulations by subparagraph (c) of this paragraph;

(bb) in paragraph (2), the reference to sub-paragraph (d) of paragraph (1) were omitted; and

(cc) paragraph (3) were omitted;

(dd) for paragraph (4) there were substituted the following:–

“(4) A person guilty of an offence under any sub-paragraph of paragraph (1) not mentioned in paragraph (2) shall be liable–

(a) on summary conviction, to a fine not exceeding £2,000; or

(b) on conviction on indictment–

(i) in the case of an offence under paragraph (1)(j), to imprisonment for a term not exceeding two years, or a fine, or both; or

(ii) in all other cases, to a fine.”; and

(ee) paragraph (5) were omitted; and

(ix) in article 32, sub-paragraphs (a)

and (b) were omitted from paragraph (1); and

(c) articles 34(1) and (2) and 39(1) to (3) shall apply in relation to offences under article 31 as applied to these Regulations and as modified by sub-paragraph (b)(viii) above.

Enforcement in relation to vessels as consumer goods

3.  In relation to vessels and relevant assemblies as consumer goods (meaning goods ordinarily intended for private use or consumption)–

(a) it shall be the duty of–

(i) every weights and measures authority in Great Britain; and

(ii) every district council in Northern Ireland,

to enforce these Regulations within their area;

(b) a reference in the provisions applied to these Regulations by sub-paragraph (c) below to an “enforcement authority” shall be construed as a reference to each of the following authorities–

(i) the bodies mentioned in sub-paragraph (a) above; and

(ii) the Secretary of State;

(c) sections 14, 15, 28 to 35, 37, 38, 44 and 47 of the 1987 Act shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if–

(i) references to safety provisions were references to these Regulations;

(ii) references to goods were references to vessels or relevant assemblies;

(iii) in section 14–

(aa) in subsection (1), there were added at the end the words “or taking them into service contrary to regulation 5 of the Simple Pressure Vessels (Safety) Regulations 1991.”; and

(bb) in subsection (6), for “six months” there were substituted “three months”;

(iv) in sections 28, 29, 30, 33, 34 and 35, the words “or any provision by or under Part III of this Act”, on each occasion that they occur, were omitted;

(v) in section 28, subsections (3), (4) and (5) were omitted;

(vi) in section 30, subsections (7) and (8) were omitted; and

(vii) in section 38(1), paragraphs (a) to (c) were omitted;

(d) sections 39 and 40 shall apply to offences under section 32 as it is applied to these Regulations by sub-paragraph (c) above; and

(e) in relation to proceedings for an offence under these Regulations–

(i) in Great Britain, section 34 of the 1974 Act shall apply as if–

(aa) paragraphs (a) and (b) of subsection (1) were omitted;

(bb) references to an “enforcing authority” were references to each of the authorities referred to in sub-paragraph (a)(i) and (b)(ii) of this paragraph, and “responsible enforcing authority” were construed accordingly; and

(cc) references to “relevant statutory provisions” were references to these Regula tions; and

(ii) in Northern Ireland, article 32 of the Order shall apply as if–

(aa) sub-paragraphs (a) and (b) of paragraph (1) were omitted;

(bb) references to an “enforcing authority” were references to each of the authorities referred to in sub-paragraph (a)(ii) and (b)(ii) of this paragraph, and “responsible enforcing authority” were construed accordingly; and

(cc) reference to “relevant statutory provisions” were references to these Regula tions.

Forfeiture: England and Wales and Northern Ireland

4.—(1) An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any vessels or relevant assemblies on the grounds that there has been a contravention in relation thereto of any provision of these Regulations.

(2) An application under this paragraph may be made–

(a) where proceedings have been brought in a magistrates' court for an offence in respect of a contravention in relation to some or all of the vessels or relevant assemblies of any provisions of these Regulations, to that court;

(b) where an application with respect to some or all of the vessels or relevant assemblies has been made to a magistrates' court under section 15 or 33 of the 1987 Act as applied for the purposes of the enforcement of these Regulations by paragraph 3(c) above, to that court; and

(c) where no application for the forfeiture of the vessels or relevant assemblies has been made under sub-paragraph (a) or (b) above, by way of complaint to a magistrates' court.

(3) On an application under this paragraph the court shall make an order for the forfeiture of the vessels or relevant assemblies only if it is satisfied that there has been a contravention in relation thereto of any provision of these Regulations.

(4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any vessels or relevant assemblies of any provision of these Regulations if it is satisfied that any such provision has been contravened in relation to a vessel or relevant assembly which is representative of those vessels or relevant assemblies as the case may be (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(5) Any person aggrieved by an order made under this paragraph by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision–

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

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

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980(6) or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981(7) (statement of case)).

(6) Subject to sub-paragraph (7) below, where any vessel or relevant assembly is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.

(7) On making an order under this paragraph a magistrates' court may, if it considers it appropriate to do so, direct that the vessels or relevant assemblies to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person–

(a) does not supply the vessels or relevant assemblies as the case may be to any person otherwise than–

(i) to a person who carries on a business of buying vessels or relevant assemblies of the same description as the first mentioned vessels or relevant assemblies as the case may be and repairing or reconditioning them; or

(ii) as scrap (that is to say, for the value of materials included in the vessels or relevant assemblies rather than for the value of the vessels or relevant assemblies themselves); and

(b) complies with any order to pay costs or expenses (including any order under section 35 of the 1987 Act as applied for the purposes of the enforcement of these Regulations by paragraph 3(c) above) which has been made against that person in the proceedings for the order for forfeiture.

Forfeiture: Scotland

5.—(1) In Scotland a sheriff may make an order for forfeiture of any vessel or relevant assembly in relation to which there has been a contravention of any provision of these Regulations–

(a) on an application by the procurator-fiscal made in the manner specified in section 310 of the Criminal Procedure (Scotland) Act 1975(8); or

(b) where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.

(2) The procurator-fiscal making an application under sub-paragraph (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the vessel or relevant assembly to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the vessel or relevant assembly as the case may be should not be forfeited.

(3) Service under sub-paragraph (2) above shall be carried out, and such service may be proved,in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1975.

(4) Any person upon whom a notice is served under sub-paragraph (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, the vessel or relevant assembly to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the vessel or relevant assembly as the case may be should not be forfeited.

(5) The sheriff shall not make an order following an application under sub-paragraph (1)(a) above–

(a) if any person on whom notice is served under sub-paragraph (2) above does not appear, unless service of the notice on that person is proved; or

(b) if no notice under sub-paragraph (2) above has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

(6) The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the vessel or relevant assembly of a provision of these Regulations.

(7) For the avoidance of doubt it is declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any vessels or relevant assemblies of any provision of these Regulations if he is satisfied that any such provision has been contravened in relation to a vessel or relevant assembly which is representative of those vessels or relevant assemblies as the case may be (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(8) Where an order for the forfeiture of any vessel or relevant assembly is made following an application by the procurator-fiscal under sub-paragraph (1)(a) above, any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 452(4)(a) to (e) of the Criminal Procedure (Scotland) Act 1975(9) shall apply to an appeal under this sub-paragraph as it applies to a stated case under Part II of that Act.

(9) An order following an application under sub-paragraph (1)(a) above shall not take effect–

(a) until the end of the period of twenty-one days beginning with the day after the day on which the order is made; or

(b) if an appeal is made under sub-paragraph (8) above within that period, until the appeal is determined or abandoned.

(10) An order under sub-paragraph (1)(b) shall not take effect–

(a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1975; or

(b) if an appeal is made within that period, until the appeal is determined or abandoned.

(11) Subject to sub-paragraph (12) below, a vessel or relevant assembly forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.

(12) If he thinks fit, the sheriff may direct the vessel or relevant assembly to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than–

(a) to a person who carries on a business of buying vessels or relevant assemblies of the same description as it and repairing or reconditioning them; or

(b) as scrap (that is to say, for the value of materials included in the vessel or relevant assembly rather than for the value of the vessel or relevant assembly itself).

Duty of enforcement authority to inform Secretary of State of action taken

6.  An enforcement authority shall, where action has been taken by it to prohibit or restrict the supply or taking into service (whether under these Regulations or otherwise) of any vessel to which these Regulations apply and which bears the EC mark (or a relevant assembly incorporating such vessel), forthwith inform the Secretary of State of the action taken, and the reasons for it, with a view to this information being passed by him to the Commission.

Savings

7.  Nothing in these Regulations shall be construed as preventing the taking of any action inrespect of a vessel or relevant assembly to which these Regulations apply under the provisions of the 1974 Act, the Order or the 1987 Act.

8.  Nothing in these Regulations shall authorise an enforcement authority to bring proceedings in Scotland for an offence.

Interpretation

9.  In this Schedule–

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“the 1987 Act” means the Consumer Protection Act 1987;

“enforcement authority”, save in paragraph 3(b) of this Schedule, means the Executive, the Department of Economic Development, and each of the authorities referred to in the said paragraph 3(b);

“the Executive” means the Health and Safety Executive established under section 10 of the 1974 Act;

“the Order” means the Health and Safety at Work (Northern Ireland) Order 1978; and

“vessels for use at work” means vessels–

(a)

designed for use or operation, whether exclusively or not, by persons at work; or

(b)

designed for use or operation, otherwise than at work, in non-domestic premises made available to persons as a place where they may use the vessels provided for their use there,

and a reference to relevant assemblies for use at work shall be construed accordingly.

(1)

There is a modification of the application of section 24 not relevant to these Regulations.

(2)

Sections 25A and 27A were inserted by paragraphs 3 and 4 respectively, and section 28(1)(a) was amended by paragraph 5, of Schedule 3 to, and section 36 of, 1987 c. 43; section 27 was amended by the repeal of subsection (2)(b) and the word immediately preceding it by section 29(3) and (4) of, and paragraph 10(1) and (2) of Schedule 6 and Schedule 7 to, the Employment Act 1989 (c. 37), and in subsection (3) by section 33(1) of, and paragraph 7(a) of Part II of Schedule 3 to, the Employment Act 1988 (c. 19) and section 29(3) of, and paragraph 10(3) of Schedule 6 to, 1989 c. 37; and in section 28, subsections (3)(c) and (5)(b) were amended by section 190 of, and paragraph 46 of Schedule 25 to, the Water Act 1989 (c. 15), a new subsection (6) was substituted by section 84 of, and paragraph 52 of Part II of Schedule 14 to, the Local Government Act 1985 (c. 51), and new subsections (9) and (10) were added by section 116 of, and paragraph 9 of Schedule 15 to, the Employment Protection Act 1975 (c. 71) and section 21 of, and paragraph 13 of Schedule 6 to, the Norfolk and Suffolk Broads Act 1988 (c. 4) respectively.

(3)

Section 33 was amended in subsection (1) in paragraph (h) by section 36 of, and paragraph 6 of Schedule 3 to, 1987 c. 43, and in paragraph (m) by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981 (c. 45); in subsection (2) as it applies to England and Wales by section 46 of the Criminal Justice Act 1982 (c. 48); in subsection (5) as it applies to England and Wales by sections 15 and 30 of, and Schedule 1 to, the Criminal Law Act 1977 (c. 45); and subsection (6) was repealed by section 30 of, and Part I of the Schedule to, 1981 c. 45. There are other amendments to section 33, and there is an amendment to section 34, not relevant to these Regulations.

(4)

Article 26(4) was repealed by article 35 of, and Schedule 4 to, the Industrial Training (Northern Ireland) Order 1984 S.I. No. 1159 (N.I. 9). There is a modification of the application of article 26 not relevant to these Regulations.

(5)

Articles 27A and 29A were inserted, and articles 30(1)(a) and 31(1)(h) amended, by article 28 of, and paragraphs 4, 5, 6 and 7 respectively of Schedule 2 to, the Consumer Protection (Northern Ireland) Order 1987 S.I. No. 2049 (N.I. 20); article 29(2) to (4) were repealed, and article 31(1)(j) amended by article 10(1)(c) of the Statistics of Trade and Employment (Northern Ireland) Order 1988 S.I. No. 595 (N.I. 3); article 31(1)(m) was amended by article 13(3) of, and Schedule 5 to, the Criminal Justice (Northern Ireland) Order 1986 S.I. No. 1883 (N.I. 15); and article 31(7) was repealed by section 30 of, and Part III of the Schedule to, 1981 c. 45.

(6)

1980 c. 43.

(7)

S.I. 1981/1675 (N.I. 26).

(8)

1975 c. 21. section 310 was amended by paragraph 53 of Schedule 7, and Schedule 8, to the Criminal Justice (Scotland) Act 1980 (c. 62); there are extensions of section 310 not relevant to these Regulations.

(9)

A new section 452 was substituted by paragraph 11 of Schedule 3 to 1980 c. 62.