The Cableway Installations Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the regulation of cableways installations, pursuant to Regulation (EU) 2016/424 of the European Parliament and of the Council of 9th March 2016 on cableway installations (OJ No L 81, 31.3.2016, p.1.) (“Regulation 2016/424/EU”) and for related enforcement.

EU Regulation 2016/424 repeals and replaces Council Directive 2000/9/EC of the European Parliament and of the Council of 20th March 2000 relating to cableway installations designed to carry persons (OJ No L 106, 3.5.2000, p.21.); which was implemented in the United Kingdom by the Cableways Installations Regulations 2004 (S.I. 2004/129).

These Regulations revoke the Cableway Installations Regulations 2004 and the Cableway Installations (Amendment) Regulations 2004 (S.I. 2004/1230).

Part 1 contains preliminary provisions. Regulation 4 designates certain cableway installations that entered into service before 1 January 1986 (these are listed in the Schedule) as historic, heritage or cultural installations for the purposes of point (b) of Article 2(2) of Regulation 2016/424/EU (that Regulation does not apply to cableway installations which are so designated) and provides that Parts 2 to 4 of these Regulations do not apply to them.

Part 2 contains the general requirements regarding authorisation of cableway installations being constructed or modified and brought into service. Requirements in relation to conformity assessment of subsystems and safety components of cableway installations are contained in Regulation 2016/424/EU.

Part 3 sets out the authorisation procedures for cableway installations being brought into service. Regulation 9 designates the Secretary of State as the notifying authority for the United Kingdom. Regulation 10 gives the Secretary of State the power to appoint notified bodies for the purposes of Regulation 2016/424/EU, and sets out the process around that appointment. Regulation 11 gives the Secretary of State the power to appoint the United Kingdom Accreditation Authority to assess conformity assessment bodies, and to monitor notified bodies. Regulation 12 sets out the fees that may be charged by a notified body in connection with carrying out its functions. Regulations 13 to 16 set out the process for obtaining stage 1 authorisation (in respect of the construction or modification of a cableway installation) and stage 2 authorisation (in respect of entry into service of a cableway installation). Regulations 17 to 19 place an obligation on manufacturers, importers and distributors to provide the prescribed information in relation to safety components and subsystems in the English language.

The requirements and procedures set out in Parts 2 and 3 (with the exception of those in Regulations 17 to 19) give effect to obligations under Articles 5 – 10, and Chapter IV of Regulation 2016/424/EU for member States of the European Union to put in place such requirements and authorisation procedures. Regulations 17 to 19 give effect to requirements on member States to specify language requirements in Article 11 to 14 of Regulation 2016/424/EU.

Part 4 sets out the market surveillance and enforcement powers and duties of the Health and Safety Executive (“HSE”), in Great Britain, and the Health and Safety Executive for Northern Ireland (“HSE (NI)”), in Northern Ireland. This implements certain requirements of Chapter V of Regulation 2016/424/EU. The principal enforcement powers (Regulations 21 and 22) are derived from the Health and Safety at Work Act 1974 and the Health and Safety at Work (Northern Ireland) Order 1978. Regulation 20 designates HSE in Great Britain, and HSE (NI), in Northern Ireland as the market surveillance authority for the purposes of Regulation 2016/424/EU and Regulation (EC) 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/935 (O.J. No. L 218, 13.8.2998, p.30). Regulations 23 and 24 set out enforcement functions for HSE and HSE (NI) in relation to safety, components, subsystems and cableway installations which present safety risks and Regulation 25 sets out enforcement functions for HSE and HSE (NI) in the event of non-compliance with certain formal aspects of Regulation 2016/424/EU. Regulation 26 provides a defence of due diligence in respect of any proceedings arising under or by virtue of these Regulations. Regulation 27 provides that a person whose act or default results in the commission of an offence under or by virtue of these Regulations by another person, is also guilty of the offence and may proceeded against.

Part 5 contains consequential amendments to the relevant secondary legislation, and a review clause.