Amendment to regulation 77
38.—(1) Regulation 77 (revocations and savings) is amended as follows.
(2) In paragraph (2) before “as if” insert “subject to the modifications in paragraph (2A).”.
(3) After paragraph (2) insert—
“(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(1).””.