The Cableway Installations Regulations 2004

Explanatory Note

(This note is not part of the Order)

These Regulations implement in relation to the whole of the United Kingdom, Council Directive 2000/9/EC of 20th March 2000 relating to cableway installations designed to carry persons (OJ No L106 3.5.2000 p 21). The purpose of that Directive is to introduce common standards for the construction and putting into service of cableway installations, including safety components and subsystems incorporated into cableway installations.

In Part I, Regulation 1 provides for the Regulations to come into force on 3rd May 2004. Regulation 2 (together with Schedules 1 to 9) deals with interpretation and definitions.

Regulation 3 provides for the Regulations to apply to cableway installations put into service or modified after the date of coming into force of the Regulations, and to subsystems or safety components placed on the market after the date of coming into force of the Regulations. Cableway installations and safety components that were put into service, or placed on the market before 3rd May 2004 are excluded from the Regulations if they comply with all relevant legislative provisions applicable on 3rd May 2000.

Part II sets out the main requirements of the Regulations. Regulation 4 prohibits works for the construction or modification of a cableway installation without a Stage 1 authorisation from the Secretary of State. The Stage 1 authorisation can only be sought if a safety analysis and report have been undertaken. The works must comply with the relevant essential requirements set out in Schedule 2 and there must be compliance with the technical file (comprising the safety analysis and report, and declarations of conformity of safety components and subsystems).

Regulation 5 prohibits a cableway installation from being put into service without a Stage 2 authorisation from the Secretary of State.

Regulation 6 requires operators of cableway installations to compile and maintain log books, and to comply with specified measures and conditions.

Regulation 7 prohibits the placing on the market of a safety component unless it meets the essential requirements (set out in Schedule 3). This is evidenced by a declaration of conformity following assessment by a notified body of the safety component against European or notified standards. The CE marking (set out in Schedule 9) must also be attached to the safety component.

Regulation 8 prohibits the placing on the market of a subsystem unless it meets the essential requirements, evidenced by a declaration of conformity. The declaration is drawn up following an assessment of the safety component by a notified body against European or notified standards and is accompanied by an EC examination certificate as set out in Schedule 7.

Regulation 9 provides that the assessment procedure for safety components and subsystems are those set out in Schedules 5 and 7 respectively. Regulation 10 imposes requirements on others to comply with Regulations 8 and 9 where the person responsible has not done so. Regulation 11 exempts safety components and subsystems from Regulations 7 and 8 if they are to be used or exported outside of the Community. Regulation 12 describes the circumstances under which the safety components, subsystems and cableway installations are to be taken to meet the requirements of the Regulations.

Part III sets out the authorisation procedures and notified bodies. Regulation 13 provides for the Secretary of State to issue Stage 1 and 2 authorisations. Regulation 14 defines notified bodies, and Regulation 15 and Schedule 8 provide for the appointment and termination of appointment of notified bodies in the United Kingdom. Regulation 16 provides for fees to be charged by the notified bodies and the Secretary of State.

Regulations 17 and 18 set out the conditions to be met to apply for a Stage 1 and Stage 2 authorisation. Regulation 19 provides that a Stage 1 authorisation will only be granted if the cableway installation is likely to meet the essential requirements and is safe. A Stage 2 authorisation will only be granted if the cableway installation meets the essential requirements, is safe, the technical file is complete and specified measures and conditions have been complied with.

Regulations 20 and 21 set out the procedure where the Secretary of State or a notified body is minded to refuse authorisation or refuse to issue a declaration of conformity. Regulation 22 requires notified bodies to carry out their functions.

Part IV relates to enforcement. Regulations 23 and 24 provide for the Regulations to be enforced by the Health and Safety Executive in Great Britain and the Health and Safety Executive for Northern Ireland. Regulations 25 and 27 enable the HSE to serve notices an operator if a safety component, subsystem or cableway installation is not safe. Regulation 26 directs the HSE to notify the Commission of notices served regarding safety components and subsystems. Regulation 28 enables the HSE to serve notice where a safety component does not bear the CE marking. A defence of due diligence is provided in Regulation 29 and the liabilities on persons other than the principal offender are imposed by Regulation 30.

Part V relates to supplementary provisions. Regulation 31 amends the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994, and Regulation 32 makes consequential amendments to those Regulations.

A list of notified standards applying in Great Britain can be obtained from www.dft.gov.uk or The Cableways Regulations, LTP2, Zone 3/18 Great Minster House, 76 Marsham Street, London, SW1P 4DR. A list of notified standards applying in Northern Ireland can be obtained from The Cableways Regulations, LTP2, Zone 3/18 Great Minster House, 76 Marsham Street, London, SW1P 4DR.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from The Cableways Regulations, LTP2, Zone 3/18 Great Minster House, 76 Marsham Street, London, SW1P 4DR. A copy has been placed in the library of each House of Parliament.

A copy of the Transposition Note is available from The Cableways Regulations, LTP2, Zone 3/18 Great Minster House, 76 Marsham Street, London, SW1P 4DR.