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The Pressure Systems Safety Regulations 2000

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Regulation 3(2)

SCHEDULE 1

PART IPRESSURE SYSTEMS EXCEPTED FROM ALL REGULATIONS

These Regulations shall not apply to–

1.  A pressure system which forms part of the equipment of–

(a)a vessel used in navigation;

(b)a spacecraft, aircraft, hovercraft or hydrofoil.

2.  A pressure system which forms part of, or is intended to form part of, a weapons system.

3.  A pressure system which forms part of any braking, control or suspension system of a wheeled, tracked or rail mounted vehicle.

4.  That part of a system which is only a pressure system because it is–

(a)subject to a leak test (except that this sub-paragraph shall not apply to a pipeline);

(b)pressurised unintentionally, such pressurisation being not reasonably foreseeable; or

(c)a pipeline pressurised by a relevant fluid solely as part of a test or line clearance operation, but this exception shall not apply if the pipeline–

(i)is used for the conveyance of a relevant fluid, or

(ii)is pressurised beyond its safe operating limits.

5.  Any pipeline and its protective devices in which the pressure does not exceed 2 bar above atmospheric pressure (or 2.7 bar above atmospheric pressure if the normal pressure does not exceed 2 bar and the overpressure is caused solely by the operation of a protective device).

6.  Any pressure system or part thereof which–

(a)is the subject of a research experiment; or

(b)comprises temporary apparatus being used in a research experiment,

if, in the case of regulations 4, 5, 6, 7, 11, 13 and 14, it is not reasonably practicable to comply with them.

7.  Any plant or equipment required by regulation 6(3)(b) of the Diving at Work Regulations 1997(1) and used or intended to be used in the course of a diving project to which those Regulations apply.

8.  A working chamber, tunnel, manlock or an airlock within which persons work in compressed air, being work to which the Work in Compressed Air Regulations 1996(2) apply.

9.  A tank to which the Carriage of Dangerous Goods By Rail Regulations 1996(3) or the Carriage of Dangerous Goods by Road Regulations 1996(4) apply.

10.  Any pressure system being carried in a vehicle if the vehicle is engaged in an international transport operation within the meaning of the Convention concerning International Carriage by Rail(5) as revised or reissued from time to time (COTIF) and such carriage conforms in every respect either–

(a)to the provisions of the Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM) which forms Appendix B to that Convention and to the regulations (RID) made thereunder; or

(b)to the conditions determined by an agreement relating to such carriage between the United Kingdom and another State under Article 5(2) of CIM.

11.  Any pressure system being carried in a vehicle if the vehicle is registered outside the United Kingdom and the carriage is confined to Great Britain but nevertheless conforms with the provisions of the European Agreement concerning the international carriage of dangerous goods by road signed in Geneva on 30th September 1957 as revised or re-issued from time to time (“the ADR ”).

12.  Any pressure system being carried in a vehicle if the vehicle–

(a)is engaged in an international transport operation within the meaning of the ADR;

(b)complies with the conditions contained in Annexes A and B to the ADR; and

(c)is certified pursuant to the ADR as complying with it,

or if the vehicle is engaged in a transport operation subject to a special bilateral or multilateral agreement to which Article 4 of the ADR refers and to which the United Kingdom is a Contracting Party.

13.  Any pressure system being carried in a vehicle if the vehicle is engaged in an international transport operation within the meaning of Article 1(c) of the ADR, in accordance with regulation 3(1)(c)(ii) of the CDGCPL Regulations.

14.  Any pressure system which is carried, or stored as goods in transit, as part of an international transport operation, if it complies with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organisation as revised or re-issued from time to time.

15.  Any pressure system comprising a gas propulsion or a gas fired heating, cooking, ventilating or refrigerating system fitted to a motor vehicle or trailer (both within the meaning of section 185(1) of the Road Traffic Act 1998(6)).

16.  Any water cooling system on an internal combustion engine or on a compressor.

17.  Any tyre used or intended to be used on a vehicle.

18.  Any vapour compression refrigeration system incorporating compressor drive motors, including standby compressor motors, having a total installed power not exceeding 25 kW.

19.  A mobile system of the type known as a slurry tanker, and containing or intended to contain agricultural slurry, and used in agriculture.

20.  Prime movers including turbines.

21.  Any pressure system which is an electrical or telecommunications cable.

22.  Any pressure system containing sulphur hexafluoride gas and forming an integral part of high voltage electrical apparatus.

23.  Any pressure system consisting of a water filled fluid coupling and used in power transmission.

24.  Any portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilogrammes.

25.  Any part of a tool or appliance designed to be held in the hand which is a pressure vessel.

PART IIPRESSURE SYSTEMS EXCEPTED FROM CERTAIN REGULATIONS

1.  Regulations 4 and 5(1) and (4) shall not apply to–

(a)pressure systems to which the Medical Devices Regulations 1994(7) apply, other than those which contain or are liable to contain steam; or

(b)pressure equipment or assemblies within the meaning of the Pressure Equipment Regulations 1999 to which regulation 7(1), 8(1), 9(1) or 10 of those Regulations apply.

2.—(1) Subject to sub-paragraph (2), regulations 5(4), 8 to 10 and 14 shall not apply to a pressure system containing a relevant fluid (other than steam) if the product of the pressure in bar and internal volume in litres of its pressure vessels is in each case less than 250 bar litres.

(2) Until 21st August 2000 regulations 8 to 10 and 14 shall not apply to a pressure system brought into operation before the coming into force of these Regulations if the product of the pressure in bar and internal volume of its pressure vessel with the largest internal volume is less than 250 bar litres.

3.  Regulations 4, 5, 7 to 10, 13 and 14 shall not apply to a tank container if–

(a)it is intended to be used in the carriage of dangerous goods to which the Carriage of Dangerous Goods by Road Regulations 1996 apply, or would apply but for an exception specified in paragraph 1 of Schedule 2 thereof and is present solely for the purpose of being loaded with the goods to be carried; or

(b)it has been used in such carriage, has been temporarily removed from a vehicle and is present solely for the purpose of unloading the goods from it.

Regulation 3(5)

SCHEDULE 2MODIFICATION OF DUTIES IN CASES WHERE PRESSURE SYSTEMS ARE SUPPLIED BY WAY OF LEASE, HIRE, OR OTHER ARRANGEMENTS

1.—(a) This paragraph applies where a person supplies an installed system by way of lease or hire, and agrees in writing to be responsible for discharging the duties of the user under all the provisions of regulations 8(1) and (2), 9(1), 11(1), 12 and 14.

(b)During such time as the agreement is in force the supplier shall discharge the duties of the user under the said provisions.

(c)It shall be a defence in any proceedings against the user of an installed system–

(i)for an offence for a contravention of any of the said provisions; or

(ii)in any civil proceedings for breach of duty (mentioned in section 47(2) of the 1974 Act) imposed by any such provisions,

for that person to prove that the supplier had agreed in writing to be responsible for discharging the user’s duty at the relevant time.

(d)During such time as the agreement is in force the following provisions of this paragraph shall have effect.

(e)Where the competent person who is to carry out the examination under the scheme of examination is a person other than the supplier, the supplier shall notify the competent person that any reports required to be sent or given to the user under regulation 9(3) or 10(1) shall be sent or given to the supplier as well.

(f)On being so notified under sub-paragraph (e) above, the competent person shall comply with regulations 9(3) and 10(1) as if the reference therein to sending or giving a report to the user also included a reference to sending or giving a report to the supplier.

(g)On receipt of a report from a competent person under regulation 9(3) or 10(1) (or in the case where the supplier is also the competent person, on the making by him of that report) the supplier shall take all practicable steps to ensure that the pressure system will not be operated in contravention of regulation 9(6) or 10(2), as the case may be.

(h)The references in regulation 9(7) (in both places where it appears) and 9(8) to the user shall be read as references to the supplier.

(i)The reference in regulation 14(2)(a) to the premises where the system is installed shall be read as a reference to the premises in Great Britain where the leasing or hiring out of the system is controlled; except that this modification shall not apply to the application of that sub-paragraph to regulation 14(6)(a) where the competent person is using the procedure referred to in regulation 14(4) in relation to the sending of the report to the user.

2.  Where a person supplies a pressure system to another (“the customer ”) under a hire-purchase agreement, conditional sale agreement, or lease, and–

(a)he carries on the business of financing the acquisition of goods by others by means of such agreements, or, if financing by means of leases, the use of goods by others;

(b)in the course of that business he acquired his interest in the pressure system supplied to the customer as a means of financing its acquisition by that customer (or, in the case of a lease, its provision to that customer); and

(c)in the case of a lease he or his agent either has not had physical possession of that pressure system, or has had physical possession of it only for the purpose of passing it on to the customer,

the customer and not the person who provided the finance shall be treated for the purpose of these Regulations as being the owner of the pressure system, and duties placed on owners in these Regulations shall accordingly fall on the customer and not on the person providing the finance.

3.  Section 6(9) of the 1974 Act(8) and the Health and Safety (Leasing Arrangements) Regulations 1992(9) shall apply to these Regulations as they apply to the remainder of section 6 of that Act.

Regulation 5(4) and (5)

SCHEDULE 3MARKING OF PRESSURE VESSELS

The information referred to in regulation 5(4) is as follows–

1.  The manufacturer’s name.

2.  A serial number to identify the vessel.

3.  The date of manufacture of the vessel.

4.  The standard to which the vessel was built.

5.  The maximum allowable pressure of the vessel.

6.  The minimum allowable pressure of the vessel where it is other than atmospheric.

7.  The design temperature.

(5)

Cmnd. 8535.

(8)

Section 6(9) was amended by the Consumer Protection Act 1987 (c. 43) Schedule 3, paragraph 1(9).

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