The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

Appointment of inspection bodies by the competent authority

8.—(1) The Secretary of State may appoint such persons as he thinks fit to be inspection bodies for the purpose of this Schedule.

(2) An application for—

(a) appointment as an inspection body; or

(b) for the amendment of an existing appointment,

shall be made to the Secretary of State.

(3) An appointment made under this regulation—

(a) by the Secretary of State may relate to—

(i) all descriptions of old tank-vehicles, old tank wagons and old tank-containers for which he is the competent authority; or

(ii) such descriptions of such old tank-vehicles, old tank wagons and old tank-containers as he may determine;

(b) may be made subject to such conditions as the Secretary of State may determine, and such conditions may include conditions which apply upon or following termination of the appointment;

(c) shall, without prejudice to the generality of paragraph (b) and subject to sub-paragraph (7), require the inspection body to carry out the procedures and specific tasks for which it has been appointed;

(d) shall be terminated upon 90 days' notice in writing to the Secretary of State at the request of the inspection body; and

(e) may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not being complied with.

(4) Subject to sub-paragraph (3)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.

(5) An inspection body appointed by the Secretary of State shall be subject to such inspection by or on behalf of the Secretary of State as is necessary to ensure compliance with any condition specified in the appointment.

(6) The inspection referred to in sub-paragraph (5) may include the examination of premises, equipment and documents and the inspection body shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(7) In respect of an application made to an inspection body in accordance with this Schedule, the inspection body, shall not be required to carry out the procedures and tasks referred to in sub-paragraph (3)(c)—

(a) if the documents submitted to it with the application are not in English or another language acceptable to that body;

(b) until the applicant has paid the fee which that body requires pursuant to regulation 56(4); or

(c) if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under this Schedule which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(8) If for any reason the appointment of an inspection body is terminated under this paragraph, the Secretary of State may—

(a) give such directions—

(i) to the body whose appointment has been terminated; or

(ii) to another inspection body,

for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate and those directions shall be complied with by the body to whom they are made; and

(b) without prejudice to the generality of paragraph (a), authorise another inspection body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.