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The Simple Pressure Vessels (Safety) Regulations 2016

Changes over time for: The Simple Pressure Vessels (Safety) Regulations 2016 (without Schedules)

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  • Sch. 4 para. 1 substituted by S.I. 2024/504 reg. 8
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  • reg. 2(4) words substituted by S.I. 2019/696 Sch. 21 para. 2(2)(o) (This amendment not applied to legislation.gov.uk. Sch. 21 para. 2(2)(o) substituted immediately before IP completion day by S.I. 2020/676, regs. 1(1), 4(9)(b))
  • reg. 2(4) words substituted in earlier amending provision S.I. 2019/696, Sch. 21 para. 2(2)(d) by S.I. 2020/852 reg. 4(2) Sch. 1 para. 1(j)(i) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 1(j)(i) omitted immediately before it comes into force by virtue of S.I. 2020/1460, regs. 1(3), Sch. 4 para. 1(3))
  • reg. 6(1)(b) word substituted by S.I. 2019/696 Sch. 21 para. 5(4)(a) (This amendment not applied to legislation.gov.uk. Sch. 21 para. 5(4) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(3))
  • reg. 6(1)(b) words omitted by S.I. 2019/696 Sch. 21 para. 5(4)(b) (This amendment not applied to legislation.gov.uk. Sch. 21 para. 5(4) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(3))
  • reg. 18(c) word substituted by S.I. 2019/696 Sch. 21 para. 13 (This amendment not applied to legislation.gov.uk. Sch. 21 para. 13 substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(5))
  • reg. 44(1) word omitted by S.I. 2019/696 Sch. 21 para. 29(a)(ii) (This amendment not applied to legislation.gov.uk. Sch. 21 para. 29(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(7))
  • reg. 44(1) word substituted by S.I. 2019/696 Sch. 21 para. 29(a)(i) (This amendment not applied to legislation.gov.uk. Sch. 21 para. 29(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(7))
  • reg. 44(1) word substituted by S.I. 2019/696, Sch. 21 para. 29(a)(iii) (as inserted) by S.I. 2019/1246 reg. 13 (This amendment not applied to legislation.gov.uk. Sch. 21 para. 29(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(7))

PART 1U.K.

Citation and commencementU.K.

1.  These Regulations may be cited as the Simple Pressure Vessels (Safety) Regulations 2016 and come into force on 8th December 2016 (“the commencement date”).

InterpretationE+W+S

2.—(1) In these Regulations, “vessel” means a simple pressure vessel manufactured in series with the following characteristics—

(a)the vessel is welded, intended to be subjected to an internal gauge pressure greater than 0.5 bar and to contain air or nitrogen, and is not intended to be fired;

(b)the parts and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys;

(c)the vessel is made of either of the following elements—

(i)a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part;

(ii)two dished ends revolving around the same axis;

(d)the maximum working pressure of the vessel does not exceed 30 bar and the product of PS x V does not exceed 10,000 bar.L; and

(e)the minimum working temperature of the vessel is no lower than -50°C and the maximum working temperature is not higher than—

(i)300°C where the vessel is constructed of steel; and

(ii)100°C where the vessel is constructed of aluminium or aluminium alloy vessels.

(2) A vessel is manufactured in series if more than one vessel of the same type is manufactured during a given period by a continuous manufacturing process, in accordance with a common design and using the same manufacturing processes.

(3) The categories of vessels relevant for the purposes of these Regulations are—

(a)“category A vessel”, meaning a vessel of which the product of PS x V exceeds 50 bar.L, this category being subdivided into—

(i)“category A.1 vessel”, meaning a vessel of which the product of PS x V exceeds 3,000 bar.L;

(ii)“category A.2 vessel”, meaning a vessel of which the product of PS x V is more than 200 bar.L but not more than 3,000 bar.L;

(iii)“category A.3 vessel” meaning a vessel of which the product of PS x V is more than 50 bar.L but not more than 200 bar.L; and

(b)“category B vessel” meaning a vessel of which the product of PS x V is 50 bar.L or less.

(4) In these Regulations—

“the 1991 Regulations” means the Simple Pressure Vessels (Safety) Regulations 1991 F1;

“the 1974 Act” means the Health and Safety at Work etc Act 1974 F2;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978; F3

“the 1987 Act” means the Consumer Protection Act 1987 F4;

[F5“approved body” has the meaning given to it in regulation 45 (approved bodies);]

F6...

F7...

“authorised representative” means a person established in the [F8United Kingdom] appointed in accordance with regulation 15;

F9...

F10...

“conformity assessment” means the process demonstrating whether the essential safety requirements relating to a vessel have been fulfilled;

“conformity assessment activities” means any activities connected with conformity assessment, including calibration, testing, certification and inspection;

“conformity assessment body” means a body that performs conformity assessment activities;

“conformity assessment procedure” means a procedure referred to in regulations 40 (conformity assessment procedures prior to manufacture) and 41(conformity assessment procedures prior to placing a vessel on the market);

[F11“designated standard” has the meaning given to it in regulation 2A;]

“the Directive” means Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels F12 [F13(as it has effect immediately before IP completion day)];

“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a vessel available on the market;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 F14;

“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

“enforcing authority” means any person enforcing these Regulations under regulation 55 (enforcement);

“essential safety requirements” means the requirements set out in Schedule 1;

F15...

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

“the HSENI” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;

[F16“importer” means a person who—

(a)

is established in the United Kingdom and places a vessel from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places a vessel on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]

“inscriptions” means the following information in respect of a vessel—

(a)

the maximum working pressure (PS);

(b)

the maximum working temperature (Tmax);

(c)

the minimum working temperature (Tmin); and

(d)

the capacity (V);

“instructions and safety information” means the following information in respect of a vessel—

(a)

its intended use; and

(b)

the maintenance and installation requirements for vessel safety;

“make available on the market” means any supply of a vessel for distribution or use on the [F17market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“manufacturer” means a person who—

(a)

manufactures a vessel or has a vessel designed or manufactured; and

(b)

markets that vessel under that person's name or trademark;

“market surveillance authority” has the meaning set out in regulation 54 (designation of market surveillance authority);

“maximum working pressure” or “PS” means the maximum gauge pressure (in Bar) which may be exerted under a vessel's normal conditions of use;

“maximum working temperature” or “Tmax” means the highest stabilised temperature (in °C) which the wall of the vessel may attain under normal conditions of use;

“minimum working temperature or “Tmin” means the lowest stabilised temperature which the wall of the vessel may attain under normal conditions of use;

F18...

F19...

F20...

F21...

“place on the market” means the first making available of a vessel on the [F22market of Great Britain], and related expressions must be construed accordingly;

“place on the market” means the first making available of a vessel on the EU market, and related expressions must be construed accordingly;

RAMS means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 F23;

“recall” means any measure aimed at achieving the return of a vessel that has already been made available to the end-user and related expressions must be construed accordingly;

“relevant economic operator” means, in relation to a vessel, an economic operator who has obligations in respect of that vessel under Part 2 of these Regulations;

“supply” is to be read in accordance with section 46 of the 1987 Act, and includes offering or agreeing to supply, and exposing or possessing for supply, and “supplied” and “supplier” have the corresponding meanings;

“technical documentation” means the documentation referred to in paragraph 2(2)(c) of Part 1 of Schedule 2;

“technical specification” means a document that prescribes technical requirements to be fulfilled by a vessel;

[F24“UK marking” means the marking in the form set out in Annex 2 of RAMS;]

[F24“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;]

“V” means capacity of the vessel in litres;

“weights and measures authority” means a local weights and measures authority as defined in section 69 of the Weights and Measures Act 1985 F25;

“withdraw”, in relation to a vessel, means any measure aimed at preventing a vessel in the supply chain from being made available on the market and related expressions must be construed accordingly.

(5) In these Regulations, a reference to a vessel being “in conformity with Part 2” means that—

(a)the vessel complies with the essential safety requirements; and

(b)is a vessel in respect of which each relevant economic operator has complied, or is complying, with the obligations imposed on them under Part 2 of these Regulations.

F26(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F12OJ L 96, 29.3.2014, p 45.

F17Words in reg. 2(4) substituted (E.W.S.) (31.12.2020) by S.I. 2019/696, Sch. 21 para. 2(2)(k) (as substituted by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(9)(a))

F19Words in reg. 2(4) omitted (26.12.2017) by virtue of The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 83(2)(a) (with regs. 3-5, 77)

F22Words in reg. 2(4) substituted (E.W.S.) (31.12.2020) by S.I. 2019/696, Sch. 21 para. 2(2)(o) (as substituted by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(9)(b))

F23OJ L 218, 13.8.2008, p.30.

F251985 c. 72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c. 43), Schedule 1, Part 4; the Local Government (Wales) Act 1994 (c. 19), Schedule 16, paragraph 75; and by the Local Government etc (Scotland) Act 1994, Schedule 13, paragraph 144.

InterpretationN.I.

2.—(1) In these Regulations, “vessel” means a simple pressure vessel manufactured in series with the following characteristics—

(a)the vessel is welded, intended to be subjected to an internal gauge pressure greater than 0.5 bar and to contain air or nitrogen, and is not intended to be fired;

(b)the parts and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys;

(c)the vessel is made of either of the following elements—

(i)a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part;

(ii)two dished ends revolving around the same axis;

(d)the maximum working pressure of the vessel does not exceed 30 bar and the product of PS x V does not exceed 10,000 bar.L; and

(e)the minimum working temperature of the vessel is no lower than -50°C and the maximum working temperature is not higher than—

(i)300°C where the vessel is constructed of steel; and

(ii)100°C where the vessel is constructed of aluminium or aluminium alloy vessels.

(2) A vessel is manufactured in series if more than one vessel of the same type is manufactured during a given period by a continuous manufacturing process, in accordance with a common design and using the same manufacturing processes.

(3) The categories of vessels relevant for the purposes of these Regulations are—

(a)“category A vessel”, meaning a vessel of which the product of PS x V exceeds 50 bar.L, this category being subdivided into—

(i)“category A.1 vessel”, meaning a vessel of which the product of PS x V exceeds 3,000 bar.L;

(ii)“category A.2 vessel”, meaning a vessel of which the product of PS x V is more than 200 bar.L but not more than 3,000 bar.L;

(iii)“category A.3 vessel” meaning a vessel of which the product of PS x V is more than 50 bar.L but not more than 200 bar.L; and

(b)“category B vessel” meaning a vessel of which the product of PS x V is 50 bar.L or less.

(4) In these Regulations—

“the 1991 Regulations” means the Simple Pressure Vessels (Safety) Regulations 1991 F127;

“the 1974 Act” means the Health and Safety at Work etc Act 1974 F128;

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978; F129

“the 1987 Act” means the Consumer Protection Act 1987 F130;

“accreditation” has the meaning set out in Article 2(10) of RAMS (as amended from time to time);

“accreditation certificate” means a certificate, issued by the United Kingdom Accreditation Service or a national accreditation body in another [F131relevant state], attesting that a conformity assessment body meets the notified body requirements;

“authorised representative” means a person established in [F132a relevant state] appointed in accordance with regulation 15;

“CE marking” means a marking in the form set out in Annex II of RAMS (as amended from time–to-time);

“competent national authority” means an authority of a [F133relevant state] responsible for enforcing the law of that state which implements the Directive;

“conformity assessment” means the process demonstrating whether the essential safety requirements relating to a vessel have been fulfilled;

“conformity assessment activities” means any activities connected with conformity assessment, including calibration, testing, certification and inspection;

“conformity assessment body” means a body that performs conformity assessment activities;

“conformity assessment procedure” means a procedure referred to in regulations 40 (conformity assessment procedures prior to manufacture) and 41(conformity assessment procedures prior to placing a vessel on the market);

“the Directive” means Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels F134;

“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a vessel available on the market;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 F135;

“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

“enforcing authority” means any person enforcing these Regulations under regulation 55 (enforcement);

“essential safety requirements” means the requirements set out in Schedule 1;

“harmonised standard” has the meaning given by Article 2(1)(c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council, and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council F136 (as amended from time to time);

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

“the HSENI” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;

“importer” means a person who—

(a)

is established in [F137a relevant state]; and

(b)

who places a vessel from a third country on the [F138relevant] market;

“inscriptions” means the following information in respect of a vessel—

(a)

the maximum working pressure (PS);

(b)

the maximum working temperature (Tmax);

(c)

the minimum working temperature (Tmin); and

(d)

the capacity (V);

“instructions and safety information” means the following information in respect of a vessel—

(a)

its intended use; and

(b)

the maintenance and installation requirements for vessel safety;

“make available on the market” means any supply of a vessel for distribution or use on the [F139relevant] market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“manufacturer” means a person who—

(a)

manufactures a vessel or has a vessel designed or manufactured; and

(b)

markets that vessel under that person's name or trademark;

“market surveillance authority” has the meaning set out in regulation 54 (designation of market surveillance authority);

“maximum working pressure” or “PS” means the maximum gauge pressure (in Bar) which may be exerted under a vessel's normal conditions of use;

“maximum working temperature” or “Tmax” means the highest stabilised temperature (in °C) which the wall of the vessel may attain under normal conditions of use;

“minimum working temperature or “Tmin” means the lowest stabilised temperature which the wall of the vessel may attain under normal conditions of use;

“national accreditation body” has the meaning set out in Article 2(11) of RAMS (as amended from time to time);

F140...

“notified body requirements” means the requirements set out in Part 1 of Schedule 4;

“Official Journal” means the Official Journal of the European Union;

“place on the market” means the first making available of a vessel on the [F141relevant] market, and related expressions must be construed accordingly;

RAMS means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 F142;

“recall” means any measure aimed at achieving the return of a vessel that has already been made available to the end-user and related expressions must be construed accordingly;

“relevant economic operator” means, in relation to a vessel, an economic operator who has obligations in respect of that vessel under Part 2 of these Regulations;

[F143“relevant market” means—

(a)

the market in Northern Ireland; and

(b)

the markets of the EEA states;]

[F143“relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;]

“supply” is to be read in accordance with section 46 of the 1987 Act, and includes offering or agreeing to supply, and exposing or possessing for supply, and “supplied” and “supplier” have the corresponding meanings;

“technical documentation” means the documentation referred to in paragraph 2(2)(c) of Part 1 of Schedule 2;

“technical specification” means a document that prescribes technical requirements to be fulfilled by a vessel;

[F144“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;]

“V” means capacity of the vessel in litres;

“weights and measures authority” means a local weights and measures authority as defined in section 69 of the Weights and Measures Act 1985 F145;

“withdraw”, in relation to a vessel, means any measure aimed at preventing a vessel in the supply chain from being made available on the market and related expressions must be construed accordingly.

(5) In these Regulations, a reference to a vessel being “in conformity with Part 2” means that—

(a)the vessel complies with the essential safety requirements; and

(b)is a vessel in respect of which each relevant economic operator has complied, or is complying, with the obligations imposed on them under Part 2 of these Regulations.

F146(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F147(7) In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedule 4 (notified bodies), “notified body” means—

(a)a notified body within the meaning set out in regulation 45 (notified bodies), or

(b)a notified body under the laws of any other [F148relevant state] which implements the Directive.]

Extent Information

E45This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F134OJ L 96, 29.3.2014, p 45.

F136OJ L 316, 14.11.2012, p 12.

F140Words in reg. 2(4) omitted (26.12.2017) by virtue of The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 83(2)(a) (with regs. 3-5, 77)

F142OJ L 218, 13.8.2008, p.30.

F1451985 c. 72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c. 43), Schedule 1, Part 4; the Local Government (Wales) Act 1994 (c. 19), Schedule 16, paragraph 75; and by the Local Government etc (Scotland) Act 1994, Schedule 13, paragraph 144.

[F27Designated standardE+W+S

2A.—(1) Subject to paragraphs (6) and (7), in these Regulations a “designated standard” means a technical specification which is—

(a)adopted by a recognised standardisation body [F28or an international standardising body], for repeated or continuous application, with which compliance is not compulsory; and

(b)designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a)the characteristics required of a product, including—

(i)levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

(b)production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—

(a)the European Committee for Standardisation (CEN);

(b)the European Committee for Electrotechnical Standardisation (Cenelec);

(c)the European Telecommunications Standards Institute (ETSI);

(d)the British Standards Institution (BSI).

[F29(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]

(4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [F30such] technical specifications adopted by the other recognised standardisation bodies [F31or by international standardising bodies as the Secretary of State considers to be relevant.]

(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) In this regulation, a reference to a “product” is a reference to a vessel to which these Regulations apply.

(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(10) Regulations made under paragraph (9) are to be made by statutory instrument.

(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

ApplicationU.K.

3.—(1) Subject to paragraph 2, these Regulations apply to a vessel placed on the market on or after the commencement date.

(2) These Regulations do not apply to—

(a)a vessel specifically designed for nuclear use, failure of which may cause an emission of radioactivity;

(b)a vessel specifically intended for installation in or the propulsion of ships and aircraft; and

(c)fire extinguishers.

(3) In paragraph (2), “ship” has the meaning given by section 313 of the Merchant Shipping Act 1995 F32.

Textual Amendments

PART 2U.K.Obligations of economic operators

ManufacturersU.K.

Design and manufacture in accordance with essential safety requirements and sound engineering practiceE+W+S

4.—(1) Before placing a category A vessel on the market, a manufacturer must ensure that the vessel has been designed and manufactured in accordance with the essential safety requirements.

(2) Before placing a category B vessel on the market, a manufacturer must ensure that the vessel has been designed and manufactured in accordance with [F33sound engineering practice].

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Design and manufacture in accordance with essential safety requirements and sound engineering practiceN.I.

4.—(1) Before placing a category A vessel on the market, a manufacturer must ensure that the vessel has been designed and manufactured in accordance with the essential safety requirements.

(2) Before placing a category B vessel on the market, a manufacturer must ensure that the vessel has been designed and manufactured in accordance with the sound engineering practice of a [F149relevant state].

Extent Information

E46This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Technical documentation and conformity assessment for category A vesselsU.K.

5.  Before placing a category A vessel on the market, a manufacturer must–

(a)draw up the technical documentation in respect of that vessel; and

(b)carry out a relevant conformity assessment procedure in respect of the vessel or have such a procedure carried out.

[F34Declaration] of conformity, [F35UK] marking and inscriptions for category A vesselsE+W+S

6.—(1) Where the conformity of a category A vessel with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, before placing that vessel on the market, a manufacturer must—

(a)draw up [F36a] declaration of conformity in accordance with regulation 43 F37...; and

[F38(b)affix the information set out in paragraph (1B) to—

(i)the vessel;

(ii)its data plate; or

(iii)where paragraph (1A) applies—

(aa)to a label affixed to the vessel; or

(bb)in a document accompanying the vessel;]

[F39(1A) This paragraph applies to a vessel that is placed on the market within a period of [F40seven years] beginning with IP completion day.

(1B) The information referred to in paragraph (1)(b) is—

(a)the UK marking;

(b)the last two digits of the year in which the UK marking is affixed;

(c)the inscriptions.]

(2) Where a data plate is used, it must be so designed that it cannot be reused and must include a vacant space to enable other information to be provided.

(3) The information referred to in paragraph (1)(b) must be visible, legible and indelible.

(4) The manufacturer must keep the F41... declaration of conformity up-to-date.

[F42(5) Where a category A vessel is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.]

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

EU declaration of conformity, CE marking and inscriptions for category A vesselsN.I.

6.—(1) Where the conformity of a category A vessel with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, before placing that vessel on the market, a manufacturer must—

(a)draw up an EU declaration of conformity in accordance with regulation 43 (EU declaration of conformity); and

(b)affix to the vessel, or to its data plate, the CE marking, the last two digits of the year in which the CE marking is affixed, the inscriptions and the information referred to in regulation 11(1)(labelling).

(2) Where a data plate is used, it must be so designed that it cannot be reused and must include a vacant space to enable other information to be provided.

(3) The information referred to in paragraph (1)(b) must be visible, legible and indelible.

(4) The manufacturer must keep the EU declaration of conformity up-to-date.

(5) Where a category A vessel is subject to more than one EU instrument requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity, which—

(a)identifies the EU instruments; and

(b)includes references to the publication of those EU instruments in the Official Journal.

Extent Information

E47This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Inscriptions for category B vesselsU.K.

7.—(1) Before placing a category B vessel on the market, a manufacturer must affix the following to the vessel or to its data plate—

(a)the inscriptions; and

(b)the information referred to in regulation 11(1).

(2) Where a data plate is used, it must be so designed that it cannot be reused and must include a vacant space to enable other information to be provided.

(3) The inscriptions and information referred to in paragraph (1) must be visible, legible and indelible.

Retention by manufacturer of technical documentation and F43... declaration of conformityE+W+S

8.  A manufacturer must keep the technical documentation and the F44... declaration of conformity drawn up in respect of a category A vessel and make it available for inspection by the enforcing authorities for a period of 10 years beginning on the day on which the vessel was placed on the market.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Retention by manufacturer of technical documentation and EU declaration of conformityN.I.

8.  A manufacturer must keep the technical documentation and the EU declaration of conformity drawn up in respect of a category A vessel and make it available for inspection by the enforcing authorities for a period of 10 years beginning on the day on which the vessel was placed on the market.

Extent Information

E48This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Compliance procedures for series productionE+W+S

9.—(1) A manufacturer must ensure, before placing a vessel on the market, that procedures are in place to ensure that series production remains in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a)any change in vessel design or characteristics; and

(b)any change in a [F45designated] standard or in another technical specification by reference to which the F46... declaration of conformity was drawn up.

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Compliance procedures for series productionN.I.

9.—(1) A manufacturer must ensure, before placing a vessel on the market, that procedures are in place to ensure that series production remains in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a)any change in vessel design or characteristics; and

(b)any change in a harmonised chnical specification by reference to which the EU declaration of conformity was drawn up.

Extent Information

E49This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Monitoring of vessels made available on the marketU.K.

10.—(1) When appropriate, having regard to the risks to the health and safety of end-users presented by a vessel, a manufacturer must—

(a)carry out sample testing of vessels manufactured by it made available on the market;

(b)investigate complaints that vessels manufactured by it are not in conformity with Part 2;

(c)keep a register of—

(i)complaints that vessels are not in conformity with Part 2;

(ii)vessels which are found not to be in conformity with Part 2; and

(iii)vessel recalls; and

(d)keep distributors informed of any monitoring carried out under this regulation.

(2) The manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Labelling of vesselsE+W+S

11.—(1) Before placing a vessel on the market, a manufacturer must ensure that the following appear on the vessel or its data plate—

(a)a type and serial or batch identification allowing its identification; and

(b)the following information—

(i)the name, registered trade name or registered trade mark of the manufacturer; and

(ii)a postal address at which the manufacturer can be contacted.

(2) The information referred to in paragraph (1) must be clear, understandable and intelligible.

F47(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Labelling of vesselsN.I.

11.—(1) Before placing a vessel on the market, a manufacturer must ensure that the following appear on the vessel or its data plate—

(a)a type and serial or batch identification allowing its identification; and

(b)the following information—

(i)the name, registered trade name or registered trade mark of the manufacturer; and

(ii)a postal address at which the manufacturer can be contacted.

(2) The information referred to in paragraph (1) must be clear, understandable and intelligible.

(3) The contact details referred to in paragraph (1)(b) must be in a language which can be easily understood by end-users and the competent national authority in the [F150relevant state] in which it is to be made available.

Extent Information

E50This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F48Provision of instructions and safety informationE+W+S

12.  When placing a vessel on the market, a manufacturer must ensure that a vessel is accompanied by instructions and safety information that are clear, legible and in easily understandable English.]

Extent Information

E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Provision of instructions and safety informationN.I.

12.—(1) When placing a vessel on the market, a manufacturer must ensure that a vessel is accompanied by the instructions and safety information in a language which can be easily understood by end-users in the [F151relevant state] in which it is to be made available on the market.

(2) The instructions and safety information referred to in paragraph (1) must be clear, understandable and intelligible.

(3) Where the [F152relevant state] referred to in paragraph (1) is [F153Northern Ireland], the language referred to in that paragraph must be English.

Extent Information

E51This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Duty of manufacturer to take action in respect of vessels placed on the market which are considered not to be in conformityE+W+S

13.—(1) A manufacturer who considers, or has reason to believe, that a vessel which the manufacturer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a)bring the vessel into conformity;

(b)withdraw the vessel; or

(c)recall the vessel.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, a manufacturer must immediately inform the market surveillance authority of the risk, F49... giving details, in particular, of—

(a)the respect in which the vessel is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

E8This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Duty of manufacturer to take action in respect of vessels placed on the market which are considered not to be in conformityN.I.

13.—(1) A manufacturer who considers, or has reason to believe, that a vessel which the manufacturer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a)bring the vessel into conformity;

(b)withdraw the vessel; or

(c)recall the vessel.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, a manufacturer must immediately inform the market surveillance authority of the risk, and the competent national authorities of any other [F154relevant state] in which the manufacturer made the vessel available on the market, giving details, in particular, of—

(a)the respect in which the vessel is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

E52This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Provision of information and cooperationU.K.

14.—(1) Following a request from the enforcing authority, and within such period as the authority may specify, a manufacturer must provide the authority with all the information and documentation necessary to demonstrate that a vessel is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)may only be made during the period of 10 years beginning on the day the vessel was placed on the market; and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)–

(a)may be provided electronically; and

(b)must be in a language which can be easily understood by the enforcing authority.

(4) A manufacturer must, at the request of the enforcing authority, cooperate with that authority on any action taken to—

(a)evaluate a vessel in accordance with regulation 58 (evaluation of vessels presenting a risk); or

(b)eliminate the risks posed by a vessel which the manufacturer has placed on the market.

Appointment by manufacturer of authorised representativeE+W+S

15.—(1) Subject to regulation 16, a manufacturer may, by written mandate, appoint a person [F50established in the United Kingdom] as their authorised representative to perform specified tasks on the manufacturer's behalf.

(2) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, a task under these Regulations remains responsible for the proper performance of that task.

Extent Information

E9This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Appointment by manufacturer of authorised representativeN.I.

15.—(1) Subject to regulation 16, a manufacturer may, by written mandate, appoint a person as their authorised representative to perform specified tasks on the manufacturer's behalf.

(2) A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, a task under these Regulations remains responsible for the proper performance of that task.

Extent Information

E53This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Obligations of authorised representativeE+W+S

16.—(1) The obligations laid down in regulation 4 (design and manufacture in accordance with essential safety requirements and sound engineering practice) and in of regulation 5(a) (technical documentation and conformity assessment for category A vessels) must not form part of an authorised representative's mandate.

(2) The mandate must allow the authorised representative to do at least the following in relation to a vessel covered by the mandate—

(a)perform the manufacturer's obligations under regulation 8 (retention by manufacturer of technical documentation and F51... declaration of conformity); and

(b)perform the manufacturer's obligations under regulation 14 (provision of information and cooperation).

(3) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly as far as those duties are concerned, as well as the penalties for failure to comply with those duties, a reference in these Regulations (except in regulation 15) to the manufacturer is to be taken as including a reference to the authorised representative.

Extent Information

E10This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Obligations of authorised representativeN.I.

16.—(1) The obligations laid down in regulation 4 (design and manufacture in accordance with essential safety requirements and sound engineering practice) and in of regulation 5(a) (technical documentation and conformity assessment for category A vessels) must not form part of an authorised representative's mandate.

(2) The mandate must allow the authorised representative to do at least the following in relation to a vessel covered by the mandate—

(a)perform the manufacturer's obligations under regulation 8 (retention by manufacturer of technical documentation and EU declaration of conformity); and

(b)perform the manufacturer's obligations under regulation 14 (provision of information and cooperation).

(3) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly as far as those duties are concerned, as well as the penalties for failure to comply with those duties, a reference in these Regulations (except in regulation 15) to the manufacturer is to be taken as including a reference to the authorised representative.

Extent Information

E54This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

ImportersU.K.

Prohibition on placing on the market vessels which are not in conformityU.K.

17.  An importer must not place a vessel on the market unless it is in conformity with Part 2.

Requirements which must be satisfied before an importer places a category A vessel on the marketE+W+S

18.  Before placing a category A vessel on the market, an importer must ensure that—

(a)the relevant conformity assessment procedure has been carried out;

(b)the manufacturer has drawn up the technical documentation;

[F52(c)the UK marking and the inscriptions have been affixed in accordance with regulation 6(1)(b) to (d);]

(d)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels).

Extent Information

E11This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Requirements which must be satisfied before an importer places a category A vessel on the marketN.I.

18.  Before placing a category A vessel on the market, an importer must ensure that—

(a)the relevant conformity assessment procedure has been carried out;

(b)the manufacturer has drawn up the technical documentation;

(c)the vessel bears the CE marking and the inscriptions; and;

(d)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels).

Extent Information

E55This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Prohibition on an importer placing on the market a category A vessel considered not to be in conformity with the essential safety requirementsU.K.

19.—(1) Where an importer considers or has reason to believe that a category A vessel is not in conformity with the essential safety requirements, the importer must not place the vessel on the market.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, the importer must inform the manufacturer and the market surveillance authority of that risk.

Requirements which must be satisfied before an importer places a category B vessel on the marke tE+W+S

20.  Before placing a category B vessel on the market, an importer must ensure that—

(a)it has been designed and manufactured in accordance with [F53sound engineering practice];

(b)it bears the inscriptions; and

(c)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels).

Extent Information

E12This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Requirements which must be satisfied before an importer places a category B vessel on the marketN.I.

20.  Before placing a category B vessel on the market, an importer must ensure that—

(a)it has been designed and manufactured in accordance with the sound engineering practice in a [F155relevant state];

(b)it bears the inscriptions; and

(c)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels).

Extent Information

E56This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Information identifying importerE+W+S

21.—(1) Before placing a vessel on the market, an importer must indicate on the vessel F54...—

(a)the name, registered trade name or registered trade mark of the importer; and

(b)a postal address at which the importer can be contacted.

[F55(1A) Paragraph (1) does not apply where—

(a)either—

(i)it is not possible to set out the information referred to in paragraph (1) on the vessel, or

(ii)the importer has imported the vessel from an EEA state or Switzerland and places it on the market within the period of [F56seven years] beginning with IP completion day, and

(b)before placing the vessel on the market, the importer sets out the information referred to in paragraph (1) in a document accompanying the vessel.]

(2) The contact details referred to in paragraph (1) must be in a language which can be easily understood by end-users and the [F57enforcing authority].

Extent Information

E13This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F55Reg. 21(1A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 21 para. 15(b) (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2019/1246, regs. 1(3), 5 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(f) and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(j)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

Information identifying importerN.I.

21.—(1) Before placing a vessel on the market, an importer must indicate on the vessel or, where that is not possible, in a document accompanying the vessel—

(a)the name, registered trade name or registered trade mark of the importer; and

(b)a postal address at which the importer can be contacted.

(2) The contact details referred to in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [F156relevant state] in which it is to be made available to such end-users.

Extent Information

E57This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Modifications etc. (not altering text)

[F58Instructions and safety informationE+W+S

22.  When placing a vessel on the market, an importer must ensure that the vessel is accompanied by instructions and safety information that are clear, legible and in easily understandable English.]

Extent Information

E14This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Instructions and safety informationN.I.

22.—(1) When placing a vessel on the market, an importer must ensure that the vessel is accompanied by the instructions and safety information in a language which can be easily understood by end-users in the [F157relevant state] in which it is to be made available.

(2) The instructions and safety information referred to in paragraph (1) must be clear and understandable.

(3) Where the [F158relevant state] referred to in paragraph (1) is [F159Northern Ireland], the language referred to in that paragraph must be English.

Extent Information

E58This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Transport and storage conditionsU.K.

23.  Where an importer has responsibility for a category A vessel, the importer must ensure that the conditions under which the vessel is stored or transported do not jeopardise its conformity with the essential safety requirements.

Monitoring by importer of vessels made available on the marketU.K.

24.—(1) When appropriate, having regard to the risks to the health and safety of end-users presented by a vessel, an importer must—

(a)carry out sample testing of vessels made available by the importer on the market;

(b)investigate complaints that vessels made available on the market by the importer are not in conformity with Part 2;

(c)keep a register of—

(i)complaints that vessels are not in conformity with Part 2;

(ii)vessels which are found not to be in conformity with Part 2; and

(iii)vessel recalls; and

(d)keep distributors informed of any monitoring carried out under this regulation.

(2) The importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty of importer to take action in respect of vessels placed on the market which are considered not to be in conformityE+W+S

25.—(1) An importer who considers, or has reason to believe, that a vessel which the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a)bring the vessel into conformity;

(b)withdraw the vessel; or

(c)recall the vessel.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, an importer must immediately inform the market surveillance authority of the risk, F59... giving details, in particular, of—

(a)the respect in which the vessel is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

E15This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Duty of importer to take action in respect of vessels placed on the market which are considered not to be in conformityN.I.

25.—(1) An importer who considers, or has reason to believe, that a vessel which the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a)bring the vessel into conformity;

(b)withdraw the vessel; or

(c)recall the vessel.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, an importer must immediately inform the market surveillance authority of the risk, and the competent national authorities of any other [F160relevant state] in which the importer made the vessel available on the market, giving details, in particular, of—

(a)the respect in which the vessel is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

E59This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Retention by importer of technical documentation and F60... declaration of conformityE+W+S

26.  An importer must, for a period of 10 years beginning on the day on which a category A vessel was placed on the market, keep and, upon request, make available to an enforcing authority the following in relation to the vessel—

(a)a copy of the F61... declaration of conformity (as referred to in regulation 43); and

(b)the technical documentation.

Extent Information

E16This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Retention by importer of technical documentation and EU declaration of conformityN.I.

26.  An importer must, for a period of 10 years beginning on the day on which a category A vessel was placed on the market, keep and, upon request, make available to an enforcing authority the following in relation to the vessel—

(a)a copy of the EU declaration of conformity (as referred to in regulation 43); and

(b)the technical documentation.

Extent Information

E60This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Provision of information and cooperationU.K.

27.—(1) Following a request from an enforcing authority, and within such period as the authority may specify, an importer must provide the authority with all the information and documentation necessary to demonstrate that a vessel is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)may only be made during the period of 10 years beginning on the day that the importer places the vessel on the market; and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)–

(a)may be provided electronically; and

(b)must be in a language which can be easily understood by the enforcing authority.

(4) An importer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a)evaluate a vessel in accordance with regulation 58 (evaluation of vessels presenting a risk); or

(b)eliminate the risks posed by vessels which the importer has placed on the market.

DistributorsU.K.

Duty to act with due careU.K.

28.  When making a vessel available on the market a distributor must act with due care to ensure that it is in conformity with Part 2.

Requirements which must be satisfied before a distributor makes available on the market a category A vesselE+W+S

29.  Before making a category A vessel available on the market, a distributor must ensure that—

(a)the vessel—

(i)bears the [F62UK] marking and the inscriptions; and

[F63(ii)is accompanied by instructions and safety information that are clear, legible and in easily understandable English;]

(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels); and

(c)the importer has complied with the requirements in regulation 21 (information identifying importer).

Extent Information

E17This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Requirements which must be satisfied before a distributor makes available on the market a category A vesselN.I.

29.  Before making a category A vessel available on the market, a distributor must ensure that—

(a)the vessel—

(i)bears the CE marking and the inscriptions; and

(ii)is accompanied by the instructions and safety information in a language which can be easily understood by end-users in the [F161relevant state] in which the vessel is to be made available on the market;

(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels); and

(c)the importer has complied with the requirements in regulation 21 (information identifying importer).

Extent Information

E61This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Prohibition on a distributor making available on the market a category A vessel not considered to be in conformity with essential safety requirementsU.K.

30.—(1) Where a distributor considers or has reason to believe that a category A vessel is not in conformity with the essential safety requirements, the distributor must not make the vessel available on the market until it has been brought into conformity.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, the distributor must inform the following of that risk–

(a)the importer (if there is one);

(b)the manufacturer (if there is no importer); and

(c)the market surveillance authority.

Requirements which must be satisfied before a distributor makes a category B vessel available on the marketE+W+S

31.—(1) Before making a category B vessel available on the market, a distributor must verify that—

(a)the vessel—

(i)bears the inscriptions;

[F64(ii)is accompanied by instructions and safety information that are clear, legible and in easily understandable English;]

(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels); and

(c)the importer has complied with the requirements in regulation 21 (information identifying importer).

F65(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E18This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Requirements which must be satisfied before a distributor makes a category B vessel available on the marketN.I.

31.—(1) Before making a category B vessel available on the market, a distributor must verify that—

(a)the vessel—

(i)bears the inscriptions;

(ii)is accompanied by the instructions and safety information in a language which can be easily understood by end-users in the [F162relevant state] in which the vessel is to be made available on the market;

(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels); and

(c)the importer has complied with the requirements in regulation 21 (information identifying importer).

(2) Where the [F163relevant state] referred to in paragraph (1) is [F164Northern Ireland], the language referred to in paragraph (1) must be English.

Extent Information

E62This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Storage and transport conditionsU.K.

32.  Where a distributor has responsibility for a Category A vessel, the distributor must ensure that the conditions under which it is stored or transported do not jeopardise its conformity with the essential safety requirements.

Duty for distributor to take action in respect of vessels made available on the market which are not in conformityE+W+S

33.—(1) A distributor who considers or has reason to believe that a vessel which the distributor has made available on the market is not in conformity with Part 2, must make sure that the necessary corrective measures are taken to—

(a)bring the vessel into conformity;

(b)withdraw the vessel; or

(c)recall the vessel.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, a distributor must immediately inform the market surveillance authority of the risk F66..., giving details, in particular, of—

(a)the respect in which the vessel is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

E19This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Duty for distributor to take action in respect of vessels made available on the market which are not in conformityN.I.

33.—(1) A distributor who considers or has reason to believe that a vessel which the distributor has made available on the market is not in conformity with Part 2, must make sure that the necessary corrective measures are taken to—

(a)bring the vessel into conformity;

(b)withdraw the vessel; or

(c)recall the vessel.

(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, a distributor must immediately inform the market surveillance authority of the risk and the competent national authorities of any other [F165relevant state] in which the distributor made the vessel available on the market, giving details, in particular, of—

(a)the respect in which the vessel is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

E63This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Provision of information and cooperationU.K.

34.—(1) Following a request from an enforcing authority, and within such period as the authority may specify, a distributor must provide the authority with all the information and documentation necessary to demonstrate that a vessel is in conformity with Part 2.

(2) A request referred to in paragraph (1)—

(a)may only be made during the period of 10 years beginning on the day on which the vessel was made available on the market; and

(b)must be accompanied by the reasons for making the request.

(3) The information referred to in paragraph (1)–

(a)may be provided electronically; and

(b)must be in a language which can easily be understood by the enforcing authority.

(4) A distributor must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a)evaluate a vessel in accordance with regulation 58 (evaluation of vessels presenting a risk);

(b)eliminate the risks posed by a vessel which the distributor has made available on the market.

All economic operatorsU.K.

Cases in which obligations of manufacturers apply to importers and distributorsU.K.

35.  An importer or distributor (“A”) is to be considered a manufacturer for the purposes of these Regulations, and is subject to the obligations of the manufacturer under this Part, where A—

(a)places a vessel on the market under A's own name or trademark; or

(b)modifies a vessel already placed on the market in such a way that it may affect whether the vessel is in conformity with Part 2.

Translation of EU declaration of conformityE+W+S

F6736.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E20This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Translation of EU declaration of conformityN.I.

36.—(1) Before making a Category A vessel available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the [F166relevant state] in which it is to be made available on the market.

(2) Where the category A vessel is to be made available on the market in [F167Northern Ireland], the language required is English.

Extent Information

E64This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Identification of economic operatorsU.K.

37.—(1) An economic operator (“E”) who receives a request in relation to a vessel from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a)any other economic operator who has supplied E with the vessel; and

(b)any other economic operator to whom E has supplied the vessel.

(2) The relevant period is—

(a)in the case of paragraph (1)(a), the period of 10 years beginning on the day on which E was supplied with the vessel; and

(b)in the case of paragraph 1(b), the period of 10 years beginning on the day on which E supplied the vessel.

Prohibition on improper use of [F68UK] markingE+W+S

38.—(1) An economic operator must not affix the [F69UK] marking to a Category A vessel unless—

(a)that economic operator is the manufacturer of the vessel; and

(b)the conformity of the vessel with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix a marking to a vessel which is not the [F69UK] marking but which purports to attest that the vessel satisfies the essential safety requirements.

(3) An economic operator must not affix to a vessel a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the [F69UK] marking.

(4) An economic operator must not affix to a vessel any other marking if the visibility, legibility and meaning of the [F69UK] marking would be impaired as a result.

Extent Information

E21This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Prohibition on improper use of CE markingN.I.

38.—(1) An economic operator must not affix the CE marking to a Category A vessel unless—

(a)that economic operator is the manufacturer of the vessel; and

(b)the conformity of the vessel with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix a marking to a vessel which is not the CE marking but which purports to attest that the vessel satisfies the essential safety requirements.

(3) An economic operator must not affix to a vessel a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.

(4) An economic operator must not affix to a vessel any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.

Extent Information

E65This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F70Obligations which are met by complying with obligations in the DirectiveE+W+S

38A.—(1) In this regulation—

(a)any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b)“CE marking” has the meaning given to it in Article 2(17);

(c)“harmonised standard” has the meaning given to it in Article 2(9).

(2) Subject to paragraphs (6) and (7), paragraph (3) applies where, before placing a category A vessel on the market, the manufacturer—

(a)ensures that the vessel has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;

(b)ensures that the relevant conformity assessment procedures that apply to that vessel in accordance with Article 13(1) and (2) have been carried out;

(c)draws up the technical documentation referred to in Annex II;

(d)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(e)affixes a CE marking and the inscriptions, in accordance with Articles 15 and 16(1) to (4);

(f)draws up an EU declaration of conformity, in accordance with Article 14; and

(g)ensures that the EU declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a)the requirements of regulations 4(1), 5, 6(1) to (3) and (5) are to be treated as being satisfied;

(b)regulations 2(5)(a), 6(4), 8, 9(2), 16(2) and 38 apply subject to the modifications in paragraph (10);

(c)Part 3 does not apply; and

(d)regulation 62 does not apply.

(4) Subject to paragraphs (6) and (7), paragraph (5) applies where, before placing a category A vessel on the market, the importer ensures that—

(a)the relevant conformity assessment procedures that apply to that vessel in accordance with Article 13(1) and (2) have been carried out;

(b)the manufacturer has drawn up the technical documentation referred to in Annex II; and

(c)the vessel bears the CE marking and inscriptions referred to in point 1 of Annex III.

(5) Where this paragraph applies—

(a)the requirements of regulation 18(a) to (c) are to be treated as being satisfied; and

(b)regulations 2(5)(a), 19(1), 23 and 26 apply subject to the modifications in paragraph (10).

(6) This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 12.

(7) Where paragraph (6) applies, paragraphs (2)(b) and (4)(a) are to be treated as requiring the manufacturer to have carried out—

(a)the conformity assessment procedure set out in Article 13(1)(b); and

(b)the relevant conformity assessment procedure that applies to that product in accordance with Article 13(2).

(8) Paragraph (9) applies where, before making a category A vessel available on the market, a distributor ensures that the vessel bears the CE marking and inscriptions referred to in point 1 of Annex III.

(9) Where this paragraph applies—

(a)regulation 29(a)(i) is to be treated as being satisfied; and

(b)regulations 2(5)(a), 30(1) and 32 apply subject to the modifications in paragraph (10).

(10) The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are that—

(a)any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b)any reference to “UK marking” is to be read as a reference to the CE marking;

(c)any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex I;

(d)any reference to “designated standard” is to be read as a reference to a harmonised standard;

(e)any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedures that apply to the vessel in accordance with Article 13(1) and (2);

(f)any reference to “technical documentation” is a reference to the technical documentation referred to in Annex II.

Textual Amendments

Conformity assessment procedure obligation which is met by complying with the DirectiveE+W+S

38B.—(1) In this regulation—

(a)any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b)“harmonised standard” has the meaning given to it in Article 2(9).

(2) Subject to paragraphs (4) and (5), paragraph (3) applies where, prior to the manufacture of a category A vessel, the manufacturer ensures that the conformity assessment procedure that applies to that vessel in accordance with Article 13(1) has been carried out.

(3) Where this paragraph applies—

(a)regulation 40 is to be treated as being satisfied;

(b)any reference to “relevant conformity assessment procedure” in regulations 5(b), 6(1), 18(a), 38(b) and 43(c) is to be read as including the conformity assessment procedure referred to in Article 13(1); and

(c)any reference to “technical documentation” in regulations 5(a), 8, 18(b) and 26(b) is to be read as including the technical documentation relating to the design of the vessel referred to in Annex II.

(4) This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 12.

(5) Where paragraph (4) applies, paragraph (2) is to be treated as requiring the manufacturer to have carried out the conformity assessment procedure set out in Article 13(1)(b).

Textual Amendments

Expiry of regulations 38A and 38BE+W+S

38C.—(1) Subject to paragraph (2), regulation 38A ceases to have effect at the end of the period of [F71four years] beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 38A—

(a)any vessel which was placed on the market pursuant to regulation 38A may continue to be made available on the market after the expiry of regulation 38A;

(b)any obligation to which a person was subject under regulation 38A in respect of a vessel placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that vessel.

(3) Subject to paragraph (4), regulation 38B ceases to have effect at the end of the period of [F72four years] beginning with IP completion day.

(4) Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a vessel prior to the expiry of regulation 38B, regulation 38B continues to apply in respect of that vessel where—

(a)the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;

(b)the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and

(c)the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.

(5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in point 1 of Annex II of the Directive.

Textual Amendments

Qualifying Northern Ireland GoodsE+W+S

38D.—(1) Where paragraph (2) applies, a vessel is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a)a vessel—

(i)is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii)is qualifying Northern Ireland goods; and

(b)an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the vessel on the market, the importer—

(a)complies with regulation 21;

(b)ensures that—

(i)the relevant conformity assessment procedure has been carried out in relation to the vessel, in accordance with Part 3, as that Part applies in Northern Ireland;

(ii)the manufacturer has drawn up the technical documentation; and

(iii)the vessel bears the CE marking.

(4) In this regulation—

“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

“technical documentation” means the documentation referred to in paragraph 2(2)(c) of Part 1 of Schedule 2 to these Regulations, as that Schedule applies in Northern Ireland. ]

Textual Amendments

PART 3U.K.Conformity of Category A Vessels

Presumption of conformity of category A vesselsE+W+S

39.—(1) A category A vessel which is in conformity with a [F73designated] standard (or part of such a standard) F74..., is presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E22This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Presumption of conformity of category A vesselsN.I.

39.—(1) A category A vessel which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal, is presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E66This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Conformity assessment procedures prior to manufactureE+W+S

40.—(1) Prior to the manufacture of a category A vessel, [F75a Type] examination (Module B), as described in paragraph 1 of Schedule 2, must be carried out in respect of the technical design of the vessel.

(2) Where a vessel is to be manufactured in accordance with a [F76designated] standard (or part of such standard) referred to in regulation 39, (presumption of conformity of category A vessels) the manufacturer must choose one of the following forms of examination—

(a)an examination of the technical documentation and supporting evidence in respect of the vessel without an examination of a specimen vessel (Module B – design type); or

(b)an examination of the technical documentation and supporting evidence in respect of the vessel, with an examination of a prototype, representative of the production envisaged, of the complete vessel (Module B – production type).

(3) Where a vessel is not to be manufactured, or is to be manufactured only partly, in accordance with a [F77designated] standard (or part of such standard) referred to in regulation 39, the examination must be an examination of the type referred to in paragraph (2)(b).

(4) Paragraphs 2 to 9 of Schedule 2 make provision in respect of [F78a Type] examination (Module B) and related matters.

Extent Information

E23This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Conformity assessment procedures prior to manufactureN.I.

40.—(1) Prior to the manufacture of a category A vessel, an EU-type examination (Module B), as described in paragraph 1 of Schedule 2, must be carried out in respect of the technical design of the vessel.

(2) Where a vessel is to be manufactured in accordance with a harmonised standard (or part of such standard) referred to in regulation 39, (presumption of conformity of category A vessels) the manufacturer must choose one of the following forms of examination—

(a)an examination of the technical documentation and supporting evidence in respect of the vessel without an examination of a specimen vessel (Module B – design type); or

(b)an examination of the technical documentation and supporting evidence in respect of the vessel, with an examination of a prototype, representative of the production envisaged, of the complete vessel (Module B – production type).

(3) Where a vessel is not to be manufactured, or is to be manufactured only partly, in accordance with a harmonised standard (or part of such standard) referred to in regulation 39, the examination must be an examination of the type referred to in paragraph (2)(b).

(4) Paragraphs 2 to 9 of Schedule 2 make provision in respect of an EU-type examination (Module B) and related matters.

Extent Information

E67This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Conformity assessment procedures prior to placing a vessel on the marketU.K.

41.—(1) Before placing a category A.1 vessel on the market, the vessel must be subjected to conformity to type based on internal production control plus supervised testing (Module C1) as described in paragraph 10 of Schedule 2.

(2) Before placing a category A.2 vessel on the market, that vessel must be subjected to either–

(a)the procedure referred to in paragraph (1) (Module C1), or

(b)conformity to type based on internal production control plus supervised vessel checks at random intervals (Module C2) as described in paragraph 14 of Schedule 2.

(3) Before placing a category A.3 vessel on the market, that vessel must be subjected to either–

(a)the procedure referred to in paragraph (1) (Module C1), or

(b)conformity to type based on internal production control (Module C) as described in paragraph 18 of Schedule 2.

(4) Paragraphs 11 to 13 of Schedule 2 make provision in respect of conformity to type based on internal production control plus supervised testing (Module C1) and related matters.

(5) Paragraphs 15 to 17 of Schedule 2 make provision in respect of conformity to type based on internal production control plus supervised vessel checks at random intervals (Module C2) and related matters.

(6) Paragraphs 19 and 20 of Schedule 2 make provision in respect of conformity to type based on internal production control (Module C) and related matters.

Records and correspondence language requirementsE+W+S

42.  The records and correspondence relating to the conformity assessment procedures referred to in regulations 40 (conformity assessment procedures prior to manufacture) and 41 (conformity assessment procedures prior to placing a vessel on the market) must be in [F79English] or in a language acceptable to [F80the approved body].

Extent Information

E24This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Records and correspondence language requirementsN.I.

42.  The records and correspondence relating to the conformity assessment procedures referred to in regulations 40 (conformity assessment procedures prior to manufacture) and 41 (conformity assessment procedures prior to placing a vessel on the market) must be in an official language of the [F168relevant state] in which the notified body is established or in a language acceptable to that body.

Extent Information

E68This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F81Declaration] of conformityE+W+S

43.  The F82... declaration of conformity in respect of a category A vessel must—

(a)state that the fulfilment of the essential safety requirements has been demonstrated in respect of the vessel;

(b)have the model structure set out in Schedule 3; and

(c)contain the elements specified in Schedule 2 for the relevant conformity assessment procedure followed in respect of the vessel.

Extent Information

E25This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

EU declaration of conformityN.I.

43.  The EU declaration of conformity in respect of a category A vessel must—

(a)state that the fulfilment of the essential safety requirements has been demonstrated in respect of the vessel;

(b)have the model structure set out in Schedule 3; and

(c)contain the elements specified in Schedule 2 for the relevant conformity assessment procedure followed in respect of the vessel.

Extent Information

E69This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Identification numberE+W+S

44.—[F83(1) The UK marking must be followed by the identification number of the approved body involved in the relevant conformity assessment procedure pursuant to regulation 41.]

(2) The identification number of the[F84approved] body must be affixed—

(a)by the [F84approved] body; or

(b)where instructed to do so by the [F84approved] body, by the manufacturer or the manufacturer's authorised representative.

Extent Information

E26This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Identification numberN.I.

44.—(1) The CE marking, affixed to the vessel or its data plate pursuant to regulation 6 (EU declaration of conformity, CE marking and inscriptions for category A vessels), must be followed by the identification number of the notified body involved in the relevant conformity assessment procedure pursuant to regulation 41(conformity assessment procedures prior to placing a vessel on the market).

(2) The identification number of the notified body must be affixed—

(a)by the notified body; or

(b)where instructed to do so by the notified body, by the manufacturer or the manufacturer's authorised representative.

Extent Information

E70This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F85UK(NI) indicationN.I.

44A.—(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the vessel, in accordance with this regulation.

(2) The UK(NI) indication must be affixed—

(a)visibly, legibly and indelibly; and

(b)before a vessel is placed on the market in Northern Ireland.

(3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 6.

(4) The UK(NI) indication must be affixed by—

(a)the manufacturer; or

(b)the manufacturer's authorised representative.

(5) When placing a vessel on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Textual Amendments

Register of notified bodies established in the United KingdomN.I.

44B.—(1) The Secretary of State must ensure that—

(a)each notified body established in the United Kingdom is assigned an identification number; and

(b)there is a register of—

(i)notified bodies established in the United Kingdom;

(ii)their notified body identification number;

(iii)the activities for which they have been notified;

(iv)any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).]

Textual Amendments

[F86PART 4U.K.Approval of Conformity Assessment Bodies

Textual Amendments

Approved bodiesE+W+S

45.—(1) An approved body is a conformity assessment body which—

(a)has been approved by the Secretary of State pursuant to the procedure set out in regulation 46 (approval of conformity assessment bodies); or

(b)immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 51(1) or (2) as they had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.

(2) Paragraph (1) has effect subject to regulation 49 (restriction, suspension or withdrawal of approval).

(3) In this Part—

“notified body” means a body—

(a)

which the Secretary of State had before IP completion day notified to the European Commission and the member States of the European Union in accordance with Article 17 of the Directive; and

(b)

in respect of which no objections had been raised, as referred to in regulation 45(1)(b), as it had effect immediately beforeIP completion day;

“approved body requirements” means the requirements set out in Part 1 of Schedule 4.

Extent Information

E27This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Notified bodiesN.I.

45.—(1) A notified body is a conformity assessment body—

(a)which has been notified by the Secretary of State to the European Commission and to the other [F169relevant states]–

(i)under regulation 46 (notification); or

(ii)before the date these Regulations come into force, in accordance with Article 17 of the Directive; and

(b)in respect of which no objections [F170, other than an immaterial objection,] were raised by the European Commission or other [F171relevant states]–

(i)within 2 weeks of the date of notification, where the notification is accompanied by an accreditation certificate; or

(ii)within 2 months of the date of notification, where the notification is not accompanied by an accreditation [F172certificate;]

[F173(c)in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—

(i)the conformity assessment body is established in the United Kingdom; or

(ii)the accreditation certificate was issued by the United Kingdom Accreditation Service.]

(2) Paragraph (1) has effect subject to regulation 51 (changes to notifications).

Extent Information

E71This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Approval of conformity assessment bodiesE+W+S

46.—(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by—

(a)a description of—

(i)the conformity assessment activities that the conformity assessment body intends to carry out;

(ii)the conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

(iii)the category of vessels in respect of which the conformity assessment body claims to be competent; and

(b)either—

(i)an accreditation certificate; or

(ii)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

(6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may–

(a)have regard to any other matter which appears to the Secretary of State to be relevant; and

(b)set conditions that the conformity assessment body must meet.

(7) For the purposes of this regulation “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.

Extent Information

E28This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

NotificationN.I.

46.—(1) The Secretary of State may notify to the European Commission and the other [F174relevant states] only those conformity assessment bodies that qualify for notification.

(2) A conformity assessment body qualifies for notification if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become a notified body and the application is accompanied by–

(a)a description of–

(i)the conformity assessment activities that the conformity assessment body intends to carry out;

(ii)the conformity assessment module in respect of which the conformity assessment body claims to be competent;

(iii)the category of vessels in respect of which the conformity assessment body claims to be competent; and either

(b)an accreditation certificate; or

(c)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the notified body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the notified body requirements.

(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other [F175relevant states], the Secretary of State may–

(a)have regard to any other matter which appears to the Secretary of State to be relevant; and

(b)set conditions that the conformity assessment body must meet.

(7) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures.

Extent Information

E72This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Presumption of conformity of approved bodiesE+W+S

47.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E29This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Presumption of conformity of notified bodiesN.I.

47.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such standard) the reference of which has been published in the Official Journal, the Secretary of State is to presume that the conformity assessment body meets the notified body requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E73This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

MonitoringE+W+S

48.  The Secretary of State must monitor each approved body with a view to verifying that the body—

(a)continues to meet the approved body requirements;

(b)meets any conditions set—

(i)in accordance with regulation 46(6)(b); or

(ii)in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 46(6)(b), as it applied immediately before IP completion day; and

(c)carries out its functions in accordance with these Regulations.

Extent Information

E30This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Contents of notificationN.I.

48.  A notification under regulation 46 (notification) must include—

(a)details of—

(i)the conformity assessment activities in respect of which the conformity assessment body has made its application for notification;

(ii)the conformity assessment modules in respect of which the conformity assessment body has made its application for notification; and

(iii)the category of vessels in respect of which the conformity assessment body has made its application for notification; and either

(b)an accreditation certificate; or

(c)documentary evidence which attests to—

(i)the conformity assessment body's competence; and

(ii)the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to satisfy the notified body requirements.

Extent Information

E74This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Restriction, suspension or withdrawal of approvalE+W+S

49.—(1) Where the Secretary of State determines that an approved body—

(a)no longer meets an approved body requirement, or

(b)is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 48(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 45 (approved bodies).

(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 48(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 45.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a)give notice in writing to the approved body of the proposed action and the reasons for it;

(b)give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(c)consider any such representations made by the approved body.

(5) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State—

(a)transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

(b)keep its files relating to the activities it has undertaken as an approved body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.

(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.

Extent Information

E31This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

MonitoringN.I.

49.—(1) The Secretary of State must monitor each notified body with a view to verifying that the notified body—

(a)continues to meet the notified body requirements;

(b)meets any conditions set in accordance with regulation 46(6)(b); and

(c)carries out its functions in accordance with these Regulations.

(2) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures.

Extent Information

E75This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Operational matters in relation to approved bodiesE+W+S

50.—(1) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures—

(a)in respect of which the body's approval was given under regulation 46; or

(b)in respect of which the body's notification as a notified body was made.

(2) Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Part 2 of Schedule 4.

(3) An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved body—

(a)to issue a Type examination certificate referred to in Schedule 2; or

(b)to affix, or cause to be affixed, the body's identification number pursuant to regulation 44 (identification number).

Extent Information

E32This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

United Kingdom Accreditation ServiceN.I.

50.  The Secretary of State may authorise the United Kingdom Accreditation Service to carry out the following activities on behalf of the Secretary of State—

(a)assessing whether a conformity assessment body meets the notified body requirements; and

(b)monitoring notified bodies in accordance with regulation 49.

Extent Information

E76This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Subsidiaries and contractorsE+W+S

51.—(1) An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

(a)the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

(b)the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c)the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

(a)the assessment of the qualifications of the subcontractor or the subsidiary; and

(b)the conformity assessment activity carried out by the subcontractor or subsidiary.

(4) In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.

Extent Information

E33This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Changes to notificationsN.I.

51.—(1) Where the Secretary of State determines that a notified body—

(a)no longer meets a notified body requirement, or

(b)is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 46(6)(b),

the Secretary of State must restrict, suspend or withdraw the body's status as a notified body under regulation 45 (notified bodies).

(2) Where the Secretary of State determines that a notified body no longer meets a condition referred to in regulation 46(6)(b), the Secretary of State may restrict, suspend or withdraw the body's status as a notified body under regulation 45.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a)give notice in writing to the notified body of the proposed action and the reasons for it;

(b)give the notified body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(c)consider any such representations made by the notified body.

(5) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other [F176relevant states].

(6) Where the Secretary of State has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the notified body must, at the request of the Secretary of State—

(a)transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Secretary of State; or

(b)keep its files relating to the activities it has undertaken as a notified body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.

Extent Information

Textual Amendments

Register of approved bodiesE+W+S

52.—(1) The Secretary of State must—

(a)assign an approved body identification number to each approved body; and

(b)compile and maintain a register of—

(i)approved bodies;

(ii)their approved body identification numbers;

(iii)the activities for which they have been approved; and

(iv)any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.

Extent Information

E34This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Operational matters in relation to notified bodiesN.I.

52.—(1) Subject to the terms of its appointment and to paragraph (3), a notified body must carry out the conformity assessment activities and modules in respect of which the body's notification was made to the European Commission and to the other [F177relevant states] under regulation 46 (notification).

(2) Where a notified body carries out a conformity assessment procedure, it must do so in accordance with Part 2 of Schedule 4.

(3) A notified body must make provision for a manufacturer to be able to make an appeal against a refusal by the notified body—

(a)to issue an EU-type examination certificate referred to in Schedule 2; or

(b)to affix, or cause to be affixed, the body's identification number pursuant to regulation 44 (identification number)

Extent Information

E78This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

UK national accreditation bodyE+W+S

53.  The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

(a)assessing whether a conformity assessment body meets the approved body requirements;

(b)monitoring approved bodies in accordance with regulation 48; and

(c)compiling and maintaining the register of approved bodies, in accordance with regulation 52.]

Extent Information

E35This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Subsidiaries and contractorsN.I.

53.—(1) A notified body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

(a)the body is satisfied that the subcontractor or subsidiary meets the notified body requirements;

(b)the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c)the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The notified body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where a notified body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the notified body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

(a)the assessment of the qualifications of the subcontractor or the subsidiary; and

(b)the conformity assessment activity carried out by the subcontractor or subsidiary.

Extent Information

E79This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

PART 5U.K.Market surveillance and enforcement

Designation of market surveillance authorityU.K.

54.—(1) In Great Britain, the market surveillance authority is—

(a)within its area, the weights and measures authority in relation to vessels for private use or consumption; and

(b)subject to paragraph (3), the HSE in relation to vessels for use in the workplace.

(2) In Northern Ireland, the market surveillance authority is—

(a)within its area, the district council in relation to vessels for private use or consumption; and

(b)the HSENI in relation to vessels for use in the workplace.

(3) In so far as these Regulations apply to vessels intended exclusively or primarily for use on relevant nuclear sites, the market surveillance authority is the Office for Nuclear Regulation.

(4) In paragraph (3), “relevant nuclear site” means a site which is–

(a)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013 F87;

(b)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 F88); or

(c)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

Textual Amendments

F88S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

EnforcementU.K.

55.—(1) Subject to paragraph (2), these Regulations and RAMS (in its application to vessels) must be enforced by the market surveillance authority.

(2) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to vessels).

(3) Before taking action under paragraph (2), an enforcing authority which is not the market surveillance authority must notify the market surveillance authority of the proposed action.

(4) In Scotland, only the Lord Advocate may prosecute offences under these Regulations.

Enforcement PowersU.K.

56.—(1) Schedule 5 has effect where the enforcing authority is—

(a)a weights and measures authority;

(b)a district council; or

(c)the Secretary of State.

(2) Schedule 6 has effect where the enforcing authority is the HSE or the Office for Nuclear Regulation.

(3) Schedule 7 has effect where the enforcing authority is the HSENI.

(4) In addition to the powers available to an enforcing authority under, as appropriate, paragraph (1), (2) or (3), the authority may use the powers set out in Schedule 8.

Exercise of enforcement powersE+W+S

57.  When enforcing these Regulations or RAMS (in its application to vessels), the enforcing authority must exercise its powers in a manner which is consistent with—

(a)regulation 58 (evaluation of vessels presenting a risk);

(b)regulation 59 (enforcement action in respect of vessels which are not in conformity);

F89(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 61 (enforcement action in respect of vessels which are in conformity but which present a risk);

(e)regulation 62 (enforcement action in respect of formal non-compliance); and

(f)regulation 63 (restrictive measures).

Extent Information

E36This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Exercise of enforcement powersN.I.

57.  When enforcing these Regulations or RAMS (in its application to vessels), the enforcing authority must exercise its powers in a manner which is consistent with—

(a)regulation 58 (evaluation of vessels presenting a risk);

(b)regulation 59 (enforcement action in respect of vessels which are not in conformity);

(c)regulation 60 (EU safeguard procedure);

(d)regulation 61 (enforcement action in respect of vessels which are in conformity but which present a risk);

(e)regulation 62 (enforcement action in respect of formal non-compliance); and

(f)regulation 63 (restrictive measures).

Extent Information

E80This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Evaluation of vessels presenting a riskU.K.

58.—(1) Where the market surveillance authority has sufficient reason to believe that a vessel presents a risk to the health or safety of persons, to domestic animals or to property, the market surveillance authority must carry out an evaluation in relation to the vessel covering the relevant requirements of Part 2 applying in respect of that vessel.

(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that a vessel presents a risk to the health or safety of persons, to domestic animals or to property, that enforcing authority may carry out an evaluation in relation to the vessel covering the relevant requirements of Part 2 applying in respect of that vessel.

Enforcement action in respect of vessels which are not in conformityE+W+S

59.—(1) Where, in the course of the evaluation referred to in regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that the vessel is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—

(a)take appropriate corrective actions to bring the vessel into compliance with those requirements within a prescribed period;

(b)withdraw the vessel from the market within a prescribed period; or

(c)recall the vessel within a prescribed period.

(2) The enforcing authority must inform the [F90approved] body which carried out the conformity assessment procedure in respect of the vessel of—

(a)the respects in which the vessel is not in conformity with Part 2; and

(b)the corrective actions which it requires the relevant economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

(a)the results of the evaluation; and

(b)the corrective actions which it requires the relevant economic operator to take.

F91(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period referred to in paragraph (1), the enforcing authority must take all appropriate measures to—

(a)prohibit or restrict the vessel being made available on the market in the United Kingdom;

(b)withdraw the vessel from the United Kingdom market; or

(c)recall the vessel.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

F92(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The [F93notice in paragraph (6)] must include all available details and, in particular—

(a)the data necessary for the identification of the vessel;

(b)the origin of the vessel;

(c)the nature of the lack of conformity alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)whether the lack of conformity is due to either of the following—

(i)the failure of the vessel to meet relevant requirements relating to the health or safety of persons, to the protection of domestic animals or to property; or

(ii)shortcomings in a [F94designated] standard referred to in regulation 39 (presumption of conformity of category A vessels) conferring a presumption of conformity.

(9) In this regulation, “prescribed period” means a period which is—

(a)prescribed by the enforcing authority; and is

(b)reasonable and commensurate with the nature of the risk presented by the vessel.

(10) An economic operator must ensure that it takes the action required by an enforcing authority under paragraph (1) of this regulation in respect of all the vessels that it has made available on the market F95....

Extent Information

E37This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Enforcement action in respect of vessels which are not in conformityN.I.

59.—(1) Where, in the course of the evaluation referred to in regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that the vessel is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—

(a)take appropriate corrective actions to bring the vessel into compliance with those requirements within a prescribed period;

(b)withdraw the vessel from the market within a prescribed period; or

(c)recall the vessel within a prescribed period.

(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the vessel of—

(a)the respects in which the vessel is not in conformity with Part 2; and

(b)the corrective actions which it requires the relevant economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to [F178Northern Ireland], it must notify the Secretary of State of—

(a)the results of the evaluation; and

(b)the corrective actions which it requires the relevant economic operator to take.

(4) [F179Subject to paragraph (4A),] where the Secretary of State receives a notice under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F180Northern Ireland], the Secretary of State must inform the European Commission and other [F181relevant states] of—

(a)the results of the evaluation; and

(b)the actions which the enforcing authority requires the relevant economic operator to take.

[F182(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period referred to in paragraph (1), the enforcing authority must take all appropriate measures to—

(a)prohibit or restrict the vessel being made available on the market in [F183Northern Ireland];

(b)withdraw the vessel from [F184market in Northern Ireland]; or

(c)recall the vessel.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) Where the Secretary of State receives a notice under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F185relevant states] of those measures without delay.

(8) The notices in paragraphs (6) and (7) must include all available details and, in particular—

(a)the data necessary for the identification of the vessel;

(b)the origin of the vessel;

(c)the nature of the lack of conformity alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)whether the lack of conformity is due to either of the following—

(i)the failure of the vessel to meet relevant requirements relating to the health or safety of persons, to the protection of domestic animals or to property; or

(ii)shortcomings in a harmonised standard referred to in regulation 39 (presumption of conformity of category A vessels) conferring a presumption of conformity.

(9) In this regulation, “prescribed period” means a period which is—

(a)prescribed by the enforcing authority; and is

(b)reasonable and commensurate with the nature of the risk presented by the vessel.

(10) An economic operator must ensure that it takes the action required by an enforcing authority under paragraph (1) of this regulation in respect of all the vessels that it has made available on the market F186....

Extent Information

E81This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

EU safeguard procedureE+W+S

F9660.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E38This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

EU safeguard procedureN.I.

60.—(1) Where the market surveillance authorities of another [F187relevant state] have initiated the procedure under Article 35 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a)any measures taken by the enforcing authority in respect of the vessel;

(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the vessel.

(2) Where the market surveillance authorities of another [F188relevant state] have initiated the procedure under Article 35 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [F189relevant states] of—

(a)any measures taken [F190in Northern Ireland] by an enforcing authority in respect of the vessel;

(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the vessel; F191...

F191(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another [F192relevant state] in respect of a vessel is deemed justified under Article 35(7) of the Directive, the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken [F193in Northern Ireland] in respect of the vessel without delay.

(4) Where a measure taken by another [F194relevant state] under in respect of a vessel is considered by the European Commission to be justified pursuant to Article 36(1) of the Directive (as amended from time to time), the market surveillance authority must take all necessary measures to ensure that the vessel is withdrawn from [F195market in Northern Ireland].

(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraphs (3) or (4), it must notify the Secretary of State.

(6) Where the Secretary of State receives a notice under paragraph (5), or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [F196in respect of Northern Ireland].

(7) If a measure taken by an enforcing authority pursuant to regulation 59 is considered unjustified by the European Commission under Article 36(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [F197in respect of Northern Ireland].

Extent Information

E82This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Enforcement action in respect of vessels which are in conformity, but which present a riskE+W+S

61.—(1) Where, having carried out an evaluation under regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that although a vessel is in conformity with Part 2, it presents a risk to the health or safety of persons, to domestic animals or to property, the enforcing authority must require a relevant economic operator to take all appropriate measures to—

(a)ensure that the vessel concerned, when placed on the market, no longer presents such a risk;

(b)withdraw the vessel within a prescribed period; or

(c)recall the vessel within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F97(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F98notice referred to in paragraph (2)] must include all available details and, in particular—

(a)the data necessary for the identification of the vessel;

(b)the origin and the supply chain of the vessel;

(c)the nature of the risk involved; and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which—

(a)is prescribed by the enforcing authority; and

(b)is reasonable and commensurate with the nature of the risk presented by the vessel.

Extent Information

E39This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Enforcement action in respect of vessels which are in conformity, but which present a riskN.I.

61.—(1) Where, having carried out an evaluation under regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that although a vessel is in conformity with Part 2, it presents a risk to the health or safety of persons, to domestic animals or to property, the enforcing authority must require a relevant economic operator to take all appropriate measures to—

(a)ensure that the vessel concerned, when placed on the market, no longer presents such a risk;

(b)withdraw the vessel within a prescribed period; or

(c)recall the vessel within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

(3) [F198Subject to paragraph (3A),] where the Secretary of State receives a notice under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other [F199relevant states] immediately.

[F200(3A) Paragraph (3) only applies to measures taken in Northern Ireland.]

(4) The notices referred to in paragraphs (2) and (3) must include all available details and, in particular—

(a)the data necessary for the identification of the vessel;

(b)the origin and the supply chain of the vessel;

(c)the nature of the risk involved; and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which—

(a)is prescribed by the enforcing authority; and

(b)is reasonable and commensurate with the nature of the risk presented by the vessel.

Extent Information

E83This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Enforcement action in respect of formal non-complianceE+W+S

62.—(1) Where an enforcing authority makes one of the following findings in relation to a vessel, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—

(a)in relation to a category A vessel—

(i)no [F99UK] marking has been affixed;

(ii)the [F100UK] marking has been affixed otherwise than in accordance with regulation 6 (F101... declaration of conformity, [F100UK] marking and inscriptions for category A vessels) or 38 (prohibition on improper use of [F100UK] marking);

(iii)where [F102an approved] body is involved in the production control phase for the vessel—

(aa)no identification number in respect of the [F103approved] body has been affixed; or

(bb)an identification number in respect of the [F104approved] body has been affixed otherwise than in accordance with regulation 44 (identification number);

(iv)the F105... declaration of conformity has not been drawn up or has been drawn up otherwise than in accordance with regulations 6 (F105... declaration of conformity, [F106UK] marking and inscriptions for category A vessels) or 43 (F105... declaration of conformity);

(v)the technical documentation is unavailable or incomplete;

(b)in relation to a category A or a category B vessel—

(i)an inscription has not been affixed or has been affixed otherwise than in accordance with regulation 6 (F107... declaration of conformity, [F108UK] marking and inscriptions for category A vessels) or 7 (inscriptions for category B vessels);

(ii)the information specified in regulation 11 (labelling of vessels) or 21 (information identifying importer) is absent, false or incomplete;

(iii)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) The enforcing authority must not take any enforcement action against the relevant economic operator under these Regulations in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take all appropriate measures to—

(a)restrict or prohibit the vessel being made available on the market;

(b)ensure that the vessel is withdrawn; or

(c)ensure that the vessel is recalled.

(4) Nothing in this regulation is to prevent an enforcing authority from taking action under regulations 59 (enforcement action in respect of vessels which are not in conformity) F109....

Extent Information

E40This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Enforcement action in respect of formal non-complianceN.I.

62.—(1) Where an enforcing authority makes one of the following findings in relation to a vessel, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—

(a)in relation to a category A vessel—

(i)no CE marking has been affixed;

(ii)the CE marking has been affixed otherwise than in accordance with regulation 6 (EU declaration of conformity, CE marking and inscriptions for category A vessels) or 38 (prohibition on improper use of CE marking);

(iii)where a notified body is involved in the production control phase for the vessel—

(aa)no identification number in respect of the notified body has been affixed; or

(bb)an identification number in respect of the notified body has been affixed otherwise than in accordance with regulation 44 (identification number);

(iv)the EU declaration of conformity has not been drawn up or has been drawn up otherwise than in accordance with regulations 6 (EU declaration of conformity, CE marking and inscriptions for category A vessels) or 43 (EU declaration of conformity);

(v)the technical documentation is unavailable or incomplete;

[F201(vi)the UK(NI) indication—

(aa)has not been affixed, in contravention of regulation 44A; or

(bb)has been affixed other than in accordance with regulation 44A;]

(b)in relation to a category A or a category B vessel—

(i)an inscription has not been affixed or has been affixed otherwise than in accordance with regulation 6 (EU declaration of conformity, CE marking and inscriptions for category A vessels) or 7 (inscriptions for category B vessels);

(ii)the information specified in regulation 11 (labelling of vessels) or 21 (information identifying importer) is absent, false or incomplete;

(iii)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) The enforcing authority must not take any enforcement action against the relevant economic operator under these Regulations in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take all appropriate measures to—

(a)restrict or prohibit the vessel being made available on the market;

(b)ensure that the vessel is withdrawn; or

(c)ensure that the vessel is recalled.

(4) Nothing in this regulation is to prevent an enforcing authority from taking action under regulations 59 (enforcement action in respect of vessels which are not in conformity) or 60(3) (EU safeguard procedure).

Extent Information

E84This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Restrictive measuresU.K.

63.  When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS (as amended from time to time) in relation to any measure to—

(a)prohibit or restrict a vessel being made available on the market;

(b)withdraw a vessel; or

(c)recall a vessel.

OffencesU.K.

64.—(1) It is an offence for a person to contravene or fail to comply with any requirement of regulations 4 to 13, 14(4), 16 to 26, 27(4), 28 to 33, 34(4) or 37 to 38.

(2) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

PenaltiesE+W+S

65.—(1) A person guilty of an offence under regulation 64 (offences) (other than an offence arising from a contravention of or failure to comply with a requirement of regulation 8 or regulation 26) is liable on summary conviction—

(a)in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;

(b)in Scotland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months, or to both; and

(c)in Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months, or to both.

(2) A person guilty of an offence arising from a contravention of or failure to comply with a requirement of regulation 8 or regulation 26 is liable on summary conviction—

(a)in England and Wales, to a fine;

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Extent Information

E41This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

PenaltiesN.I.

65.—(1) A person guilty of an offence under regulation 64 (offences) (other than an offence arising from a contravention of or failure to comply with a requirement [F202to which paragraph (1A) applies]) is liable on summary conviction—

(a)in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;

(b)in Scotland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months, or to both; and

(c)in Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months, or to both.

[F203(1A) This paragraph applies to an offence arising from a contravention or failure to comply with a requirement of—

(a)regulation 8;

(b)regulation 26; or

(c)a withdrawal or recall notice arising from a failure to affix the UK(NI) indication or a failure to affix the UK(NI) indication other than in accordance with regulation 44A.]

(2) A person guilty of an offence arising from a contravention of or failure to comply with a requirement [F204to which paragraph (1A) applies] is liable on summary conviction—

(a)in England and Wales, to a fine;

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Extent Information

E85This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Defence of due diligenceU.K.

66.—(1) Subject to paragraphs (2), (4) and (6), in proceedings for an offence under regulation 64 (offences), it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a)served a notice in accordance with paragraph (3); or

(b)obtained the leave of the court.

(3) The notice referred to in paragraph (2) must—

(a)give any information in P's possession which identifies or assists in identifying the person who—

(i)committed the act or default; or

(ii)supplied the information on which P relied.

(b)be served on the person bringing the proceedings not less than seven clear days before—

(i)in England, Wales and Northern Ireland, the hearing of the proceedings;

(ii)in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a)to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a)to the act or default of another person; or

(b)to reliance on information supplied by another person.

Liability of persons other than principal offenderU.K.

67.—(1) Where the commission of an offence by one person (“A”) under regulation 64 (offences) is due to anything which another person (“B”) did or failed to do in the course of business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.

(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed—

(a)with the consent or connivance of the relevant person; or

(b)as a result of the negligence of the relevant person.

(3) In paragraph (2), “relevant person” means—

(a)a director, manager, secretary or other similar officer of the body corporate;

(b)in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;

(c)in relation to a Scottish partnership, a partner;

(d)a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Time limit for prosecution of offencesU.K.

68.—(1) Subject to paragraph (4), in England and Wales an information relating to an offence under regulation 64 (offences) that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) Subject to paragraph (4), in Scotland—

(a)summary proceedings for an offence under regulation 64 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge; and

(b)section 136(3) of the Criminal Procedure (Scotland) Act 1995 F110 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(3) Subject to paragraph (4), in Northern Ireland summary proceedings for an offence under regulation 64 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

(4) No proceedings may be brought more than three years after the commission of the offence.

(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to paragraphs (1), (2) or (3) came to light, is conclusive evidence.

(6) This regulation has effect subject to paragraph 1(n) of Schedule 6 and paragraph 1(n) of Schedule 7.

Textual Amendments

Service of documentsU.K.

69.—(1) Any document required or authorised by these Regulations to be served on a person may be served by—

(a)delivering it to that person in person;

(b)leaving it at that person's proper address;

(c)sending it by post or electronic means to that person's proper address;

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, “proper address” means—

(a)in the case of a body corporate or its director—

(i)the registered or principal office of that body; or

(ii)the email address of the secretary or clerk of that body;

(b)in the case of a partnership, a partner or person having control or management of the partnership business—

(i)the principal office of the partnership; or

(ii)the email address of a partner or person having that control or management;

(c)in any other case, a person's last known address, which address may be an email address.

(5) If a person to be served with a document has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address.

(6) In this regulation, “partnership” includes a Scottish partnership.

Recovery of expenses of enforcementU.K.

70.—(1) This regulation applies where a person commits an offence under regulation 64 (offences).

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.

Action by enforcing authorityU.K.

71.—(1) An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—

(a)the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or

(b)the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from that person as a civil debt any costs or expenses reasonably incurred by the enforcing authority in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily—

(a)in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 F111;

(b)in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981 F112.

Textual Amendments

Appeals against noticesU.K.

72.—(1) Any application for an order to vary or set aside the terms of a notice served under these Regulations may be made—

(a)by the economic operator on whom the notice has been served; and

(b)in the case of a notice other than a recall notice by a person having an interest in the vessel in respect of which the notice has been served.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—

(a)that the requirements of these Regulations and RAMS (in its application to vessels) have been complied with in respect of the vessel to which the notice relates; or

(b)that the enforcing authority failed to comply with regulation 57 (exercise of enforcement powers) when serving the notice.

(4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this regulation—

(a)the “appropriate court” is to be determined in accordance with regulation 73 (appropriate court for appeals against notices); and

(b)“notice” means—

(i)a prohibition notice served in accordance with Schedule 5;

(ii)a notice to warn served in accordance with Schedule 5;

(iii)a suspension notice served in accordance with Schedule 5;

(iv)a compliance notice served in accordance with Schedule 8;

(v)a withdrawal notice served in accordance with Schedule 8;

(vi)a recall notice served in accordance with Schedule 8.

Appropriate court for appeals against noticesU.K.

73.—(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 72 (appeals against notices) is—

(a)the court in which proceedings have been brought in relation to the vessel for an offence under regulation 64 (offences);

(b)an employment tribunal seized of appeal proceedings against a notice which relates to the vessel and which has been served under or by virtue of paragraph 1 of Schedule 6;

(c)an industrial tribunal seized of appeal proceedings against a notice which relates to the vessel and which has been served under or by virtue of paragraph 1 of Schedule 7; or

(d)in any other case, a magistrates' court.

(2) In Scotland, the appropriate court for the purposes of regulation 72 is—

(a)the sheriff court within whose sheriffdom the appellant resides or, as the case may be, has a registered or principal office; or

(b)an employment tribunal seized of appeal proceedings against a notice which relates to the vessel and which has been served under or by virtue of paragraph 1 of Schedule 6.

(3) A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 72, or by a decision of such a 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.

CompensationU.K.

74.—(1) Where an enforcing authority other than the HSE, [the HSENI or the Office for Nuclear Regulation] serves a relevant notice in respect of a vessel, that authority is liable to pay compensation to a person having an interest in the vessel for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)the vessel in respect of which the relevant notice was served neither—

(i)presents a risk to the health and safety of persons, to domestic animals or to property; nor

(ii)contravenes any requirement of these Regulations; and

(b)the relevant notice was not served because of neglect or default by a relevant economic operator.

(3) In this regulation, “relevant notice” means a suspension, withdrawal or recall notice as referred to in regulation 72(5)(b).

PART 6U.K.Miscellaneous

ReviewE+W+S

75.—(1) The Secretary of State must from time to time—

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.

(3) The report must, in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning on the date these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Extent Information

E42This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

ReviewN.I.

75.—(1) The Secretary of State must from time to time—

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other [F205relevant states].

(3) The report must, in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning on the date these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Extent Information

E86This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Transitional provisionE+W+S

76.—(1) A certificate issued by a United Kingdom approved body under regulations 10 (EC certificate of adequacy), 11 (EC type-examination certificate), 12(7) (EC verification) and 13 (EC certificate of conformity) of the 1991 Regulations, or under the corresponding provisions of [F113a] Member State's enactment implementing the 2009 Directive, is valid under these Regulations.

(2) In this regulation, “2009 Directive” means Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels F114.

Extent Information

E43This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F114OJ No L 264, 08.10.2009, p 12.

Transitional provisionN.I.

76.—(1) A certificate issued by a United Kingdom approved body under regulations 10 (EC certificate of adequacy), 11 (EC type-examination certificate), 12(7) (EC verification) and 13 (EC certificate of conformity) of the 1991 Regulations, or under the corresponding provisions of another [F206relevant state’s] enactment implementing the 2009 Directive, is valid under these Regulations.

(2) In this regulation, “2009 Directive” means Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels F207.

Extent Information

E87This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F207OJ No L 264, 08.10.2009, p 12.

[F115Transitional provision in relation to EU ExitE+W+S

76A.—(1) In this regulation—

“pre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day;

“product” means a vessel to which these Regulations apply.

(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 21 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to—

(a)any obligation of any enforcing authority to inform the European Commission or the member States of any matter; or

(b)any obligation to take action outside of the United Kingdom in respect of that product.

(4) Where during the pre-exit period—

(a)a product has not been placed on the market; and

(b)a manufacturer has taken any action under regulations 40 or 41 as they had effect immediately before IP completion day in relation to that product

that action has effect as if it had been done under regulations 40 or 41 as they have effect on and after IP completion day.

[F116(5) Subject to paragraph (6), where before 11pm on 31st December 2024—

(a)a product has not been placed on the market; and

(b)a manufacturer has taken any action under the conformity assessment procedure that applies to that product in accordance with Article 13(1) or 13(2) of the Directive

that action has effect as if it had been done under the applicable conformity assessment procedure referred to in regulation 40 or 41.

(6) Paragraph (5) does not apply—

(a)after the expiry of the validity of any certificate issued pursuant to the applicable conformity assessment procedure; and

(b)in any event, after 31st December 2027.]]

Textual Amendments

Revocations and savingsE+W+S

77.—(1) Subject to paragraph (2), the 1991 Regulations and the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 F117 are revoked.

(2) The Regulations referred to in paragraph (1) continue to apply, [F118subject to the modifications in paragraph (2A),] as if they had not been revoked, to a vessel placed on the market before the commencement date.

[F119(2A) The modifications referred to in paragraph (2) are as follows—

(a)in the 1991 Regulations—

(i)any reference to “the Community” is to be read as including the United Kingdom;

(ii)any reference to “member State” is to be read as including the United Kingdom;

(iii)in regulation 11 (EC type-examination certificate)—

(aa)in paragraph (6)(a), for “the Commission, any other approved body or any other member State” substitute “ or any other United Kingdom approved body ”;

(bb)in paragraph (8), omit “, with a view to this information being passed by him to the Commission and the other member States”;

(iv)in regulation 17 (Functions of approved bodies in course of EC Surveillance)—

(aa)paragraph (2) is to be read as if “or elsewhere” were omitted;

(bb)paragraph (3) is to be read as if “, the Commission, any other approved body or any other member State” were omitted;

(v)paragraph 6 of Schedule 5 (enforcement), is to be read as if “, with a view to this information being passed by him to the Commission” were omitted;

(b)in the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994, in regulation 5 (transitional provisions in respect of marking arrangements)—

(i)any reference to “the Community” is to be read as including the United Kingdom; and

(ii)paragraph (3) is to be read as if the following paragraph were substituted—

“(3) In the event of such election, to demonstrate compliance with the marking arrangements in force on 31 December 1994, the manufacturer or his authorised representative established in the Community, shall apply the principal Regulations (as amended by these Regulations)—

(a)as if the amendments made by regulation 4(f) and (k) had not come into force; and

(b)read subject to the modifications made by regulation 77(2A)(a) of the Simple Pressure Vessels (Safety) Regulations 2016.”]

(3) Accordingly, despite its repeal by regulation 78(7)(a), the entry in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 relating to the 1991 Regulations is to continue to have effect in relation to a vessel placed on the market before the commencement date.

Extent Information

E44This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Revocations and savingsN.I.

77.—(1) Subject to paragraph (2), the 1991 Regulations and the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 F208 are revoked.

(2) The Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to a vessel placed on the market before the commencement date.

(3) Accordingly, despite its repeal by regulation 78(7)(a), the entry in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 relating to the 1991 Regulations is to continue to have effect in relation to a vessel placed on the market before the commencement date.

Extent Information

E88This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Consequential AmendmentsU.K.

78.—(1) In Schedule 1 to the Provision and Use of Work Equipment Regulations 1998 F120 omit the entry “The Simple Pressure Vessels (Safety) Regulations 1991” and in the appropriate place insert “ The Simple Pressure Vessels (Safety) Regulations 2016 ”.

(2) In Schedule 2 to the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 F121 omit the entry “The Simple Pressure Vessels (Safety) Regulations 1999” and in the appropriate place insert “ The Simple Pressure Vessels (Safety) Regulations 2016 ”.

(3) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 F122 is amended as follows—

(a)in Schedule 3, omit the entry “Paragraph 3 of Schedule 5 to the Simple Pressure Vessels (Safety) Regulations 1991”, and after the last entry insert “ Regulation 55 of the Simple Pressure Vessels (Safety) Regulations 2016 (in so far as information comes to a public authority enforcing those regulations in respect of vessels for private use or consumption) ”;

(b)in Schedule 4 omit the entry “paragraph 3 of Schedule 5 to the Simple Pressure Vessels (Safety) Regulations 1991”, and after the last entry insert “ Regulation 55 of the Simple Pressure Vessels (Safety) Regulations 2016 (in so far as information is disclosed to a public authority enforcing those regulations in respect of vessels for private use or consumption) ”; and

(c)in Schedule 5, omit the entry in respect of the Simple Pressure Vessels (Safety) Regulations 1991.

(4) The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 F123 is amended as follows—

(a)in Part 3 of the Schedule, under the heading “Public health and safety”, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “ Simple Pressure Vessels (Safety) Regulations 2016 ”; and

(b)in Part 13 of the Schedule, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “ Simple Pressure Vessels (Safety Regulations 2016 ”.

(5) The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 F124 is amended as follows—

(a)in Part 4 of Schedule 1, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “ Simple Pressure Vessels (Safety) Regulations 2016 ”; and

(b)in Part 2 of Schedule 2, omit the entry “Simple Pressure Vessels (Safety) Regulations 1991” and after the last entry insert “ Simple Pressure Vessels (Safety) Regulations 2016 ”.

(6) In the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 F125, omit paragraph 52 of Schedule 3.

(7) Subject to paragraph (3) of regulation 77, paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 F126 is amended as follows–

(a)omit the entry “paragraph 3(a) of Schedule 5 to the Simple Pressure Vessels (Safety) Regulations 1991 (SI 1991/2749);”; and

(b)at the appropriate place insert—

“regulation 55(1) or (2) of the Simple Pressure Vessels (Safety) Regulations 2016 (SI 2016/1092);”.

Textual Amendments

F122S.I. 2003/1400, to which there are amendments not relevant to these Regulations.

F123S.I. 2007/3544 amended by S.I. 2009/2981 and S.I. 2011/1043; there are other amendments not relevant to these Regulations.

F124S.I. 2009/669, to which there are amendments not relevant to these Regulations.

Margot James

Parliamentary Under Secretary of State, Minister for Small Business, Consumers and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

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