The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006

Approvals by the Northern Ireland competent authority

9.—(1) The Northern Ireland competent authority may approve such persons as it thinks fit to be inspection bodies for the purpose of this Schedule.

(2) An application for—

(a) approval as an approved person under paragraph 3(2)(a);

(b) approval as an inspection body under paragraph 4(1)(b); or

(c) for the amendment of an existing appointment,

shall be made to the Northern Ireland competent authority.

(3) An approval made under this regulation—

(a) by the Northern Ireland competent authority may relate to—

(i) all descriptions of old pressure receptacles; or

(ii) such descriptions of such old pressure receptacles as it may determine;

(b) may be made subject to such conditions as the Northern Ireland competent authority may determine, and such conditions may include conditions which apply upon or following termination of the approval;

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

(d) shall be terminated upon 90 days' notice in writing to the Northern Ireland competent authority at the request of the inspection body; and

(e) may be terminated if it appears to the Northern Ireland competent authority that any of the conditions of the approval are not being complied with.

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

(5) An inspection body appointed by the Northern Ireland competent authority or a person approved by the Northern Ireland competent authority shall be subject to such inspection by or on behalf of the Northern Ireland competent authority as is necessary to ensure compliance with any condition specified in the approval.

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

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

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

(b) until the applicant has paid the fee which that body requires pursuant to regulation 50(4); or

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

(8) If for any reason the approval of an inspection body is terminated under this paragraph, the Northern Ireland competent authority may—

(a) give such directions—

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

(ii) to another inspection body,

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

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