71. In this Part of these Regulations, the expressions mentioned in column 1 of the Table shall have the meanings given in column 2 of that Table and related expressions shall be construed accordingly.
| Column 1 | Column 2 |
|---|---|
| “CE marking” | The marking referred to in regulation 16 of the Pressure Equipment Regulations 1999(1). |
| “conformity assessment procedures” | The procedures set out in Part I of Annex IV to the Transportable Pressure Equipment Directive, except that references to “national authorities” shall be treated as if they were references to “competent authority”. |
| “conformity marking” | The marking referred to in regulation 80 as set out in Annex VII to the Transportable Pressure Equipment Directive. |
| “conformity reassessment procedures” | The procedures set out in Part II of Annex IV to the Transportable Pressure Equipment Directive except that references to— |
| “periodic inspection procedures” | The procedures set out in Part III of Annex IV to the Transportable Pressure Equipment Directive except that references to— (a) “holder” shall be omitted; (b) “this Directive” and “the Annexes to Directives 94/55/EC and 96/49/EC” shall be treated as if they were references to “Part 4 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007”; and (c) “inspection body” shall be treated as if they were references to “notified or approved bodies”. |
| “the Transportable Pressure Equipment Directive” | Council Directive 1999/36/EC of 29th April 1999(2) concerning the approximation of laws of member States relating to common provision for transportable pressure equipment and methods for inspection. |
72.—(1) This Part of these Regulations applies to any equipment used at work(3) and manufactured—
(a)on or after 1st July 2001, in the case of transportable pressure equipment which is a cylinder, tube or cryogenic receptacle and is not an old pressure receptacle to which Schedule 3 applies;
(b)on or after 1st July 2005, in the case of equipment which is a pressure drum, bundle of cylinders, battery-vehicle, battery-wagon, MEGC or a tank;
(c)on or before 30th June 2003, in the case of equipment which is—
(i)a cylinder, tube or cryogenic receptacle which is subject to a reassessment of conformity; or
(ii)an EEC-type cylinder; and
(d)on or before 30th June 2007, in the case of equipment which is a pressure drum, bundle of cylinders, battery-vehicle, battery-wagon, MEGC or a tank which is subject to a reassessment of conformity.
(2) But this Part of these Regulations does not apply to any—
(a)pressure equipment to which the Pressure Equipment Regulations 1999 apply; and
(b)transportable pressure equipment which is used exclusively for the transport of—
(i)a gas;
(ii)UN 1051 HYDROGEN CYANIDE, STABILIZED;
(iii)UN 1052 HYDROGEN FLUORIDE, ANHYDROUS; or
(iv)UN 1790 HYDROFLUORIC ACID with more than 85% hydrogen fluoride,
between the territory of a member State of the Communities and the territory of a State that is not a member State of the Communities if paragraph (3), (4) or (5) is satisfied.
(3) The goods are being carried in connection with the transport of those goods by sea and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the IMDG Code(4), as revised or re-issued from time to time.
(4) The goods are being carried in connection with the transport of those goods by air and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation(5), as revised or re-issued from time to time.
(5) The transport forms part of an international transport operation which—
(a)in relation to carriage by road, complies with the provisions of ADR; and
(b)in relation to carriage by rail, complies with the provisions of RID.
(6) Regulations 73 and 75 do not apply to an EEC-type cylinder made on or before 30th June 2003.
(7) Any cylinder, tube or cryogenic receptacle to which this Part of these Regulations applies shall be deemed to comply with regulations 73 to 75 if the cylinder, tube or cryogenic receptacle complied with the requirements relating to that equipment contained in—
(a)regulations 4 to 6 of the Transportable Pressure Vessels Regulations 2001(6) immediately before the coming into force of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(7); or
(b)regulations 38 to 40 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 immediately before the coming into force of these Regulations.
(8) Order in Council No.30(8) does not apply to the importation or use at work of acetylene in transportable pressure equipment which complies with the provisions of Part 4 of these Regulations.
73.—(1) No person shall place on the market or use at work any transportable pressure equipment unless the requirements of paragraphs (2) to (4) have been complied with.
(2) The transportable pressure equipment—
(a)has been designed, manufactured and tested in accordance with the requirements referred to in regulations 55 and 60 which are applicable to the equipment in question;
(b)has been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Annex V of the Transportable Pressure Equipment Directive, to be in conformity with sub-paragraph (a); and
(c)bears the conformity marking, the identification number of the notified body and any marking required pursuant to regulations 55 and 60.
(3) If the transportable pressure equipment includes valves, those valves—
(a)have been designed, manufactured and tested—
(i)in accordance with the requirements referred to in regulations 55 and 60 which are applicable to the valves in question; or
(ii)where there is no standard for the design, manufacture or testing of such valves in the requirements referred to in regulations 55 and 60, in accordance with the requirements of the Pressure Equipment Regulations 1999; and
(b)meet the requirements of paragraph (5).
(4) Where the transportable pressure equipment includes accessories, other than valves, which have a direct safety function, those accessories—
(a)have been designed, manufactured and tested in accordance with the requirements referred to in regulations 55 and 60 which are applicable to the accessories in question; and
(b)meet the requirements of paragraph (5).
(5) The requirements referred to in paragraphs (3) and (4) are that the valves or accessories—
(a)have been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Annex V of the Transportable Pressure Equipment Directive, to be in conformity with—
(i)in the case of valves, the requirements referred to in paragraph 3(a); or
(ii)in the case of accessories, the requirements referred to in paragraph 4(a); and
(b)bear the conformity marking or the CE marking as appropriate.
(6) Any technical documentation or other information required to be retained under a conformity assessment procedure shall be retained by the person specified in that procedure for any period specified in that procedure.
(7) In this regulation, in Annex V of the Transportable Pressure Equipment Directive, “notified body” shall be construed in accordance with regulation 77.
74.—(1) But regulation 73 does not apply in respect of any transportable pressure equipment which is a pressure receptacle and is placed on the market or used at work exclusively within Great Britain, if the requirements of paragraphs (2) to (4) have been complied with.
(2) The transportable pressure equipment—
(a)has been designed, manufactured and tested in accordance with the requirements referred to in regulations 55 and 60 which are applicable to the equipment in question;
(b)where relevant, has been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F or G, to be in conformity with the requirements referred to in regulations 55 and 60 which are applicable to the equipment in question;
(c)bears the identification number of the relevant notified or approved body and any marking required by the requirements referred to in regulations 55 and 60; and
(d)does not bear the conformity marking.
(3) If the transportable pressure equipment includes valves, those valves—
(a)have been designed, manufactured and tested in accordance with—
(i)the requirements referred to in regulations 55 and 60 which are applicable to the valves in question; or
(ii)if there is no standard for the design, manufacture or testing of such valves in the requirements referred to in regulations 55 and 60, in accordance with the requirements for the Pressure Equipment Regulations 1999; and
(b)meet the requirements of—
(i)paragraph (5); or
(ii)regulation 73(3) and (5).
(4) If the transportable pressure equipment includes accessories, other than valves, which have a direct safety function, those accessories—
(a)have been designed, manufactured and tested to be in compliance with the requirements referred to in regulations 55 and 60 which are applicable to the accessories in question; and
(b)meet the requirements of—
(i)paragraph (5); or
(ii)regulation 73(4) and (5).
(5) The requirements referred to in paragraphs (3)(b) and (4)(b) are that the valves or accessories—
(a)if relevant, have been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F or G to be in conformity with the standards or requirements identified pursuant to paragraph (3)(a), in the case of valves, or (4)(a) in the case of accessories;
(b)bear the identification mark of the relevant notified or approved body; and
(c)do not bear the conformity marking.
(6) For the purposes of paragraphs (2)(b) and (5)(a) references in the conformity assessment procedures to “notified body” are to be treated as if they were references to “approved body”.
(7) Any technical documentation or other information required to be retained under a conformity assessment procedure shall be retained by the person specified in that procedure for any period specified in that procedure.
75.—(1) Transportable pressure equipment which is a—
(a)cylinder tube or cryogenic receptacle which was manufactured before 1st July 2003 and does not bear the conformity marking; or
(b)pressure drum, bundle of cylinders or a tank which was manufactured before 1st July 2007 and does not bear the conformity marking that was required on or after 1st July 2005,
may be reassessed for conformity in accordance with paragraphs (2) to (4).
(2) The transportable pressure equipment shall—
(a)comply with the requirements of regulations 55 and 60 which are applicable to the equipment in question;
(b)have been reassessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the relevant requirements referred to in regulations 55 and 60 which are applicable to the equipment in question; and
(c)bear the conformity marking and identification number of the notified body.
(3) If the transportable pressure equipment includes valves, those valves shall—
(a)comply with—
(i)the requirements of regulations 55 and 60 which are applicable to the valves in question; or
(ii)where there is no standard for the design, manufacture or testing of such valves in the requirements referred to in regulations 55 and 60, the relevant requirements of the Pressure Equipment Regulations 1999; and
(b)meet the requirements of paragraph (5).
(4) If the transportable pressure equipment includes accessories, other than valves, which have a direct safety function, those accessories shall—
(a)comply with the requirements of regulations 55 and 60 which are applicable to the accessories in question; and
(b)meet the requirements of paragraph (5).
(5) The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories shall—
(a)if relevant, have been reassessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the standards or requirements identified pursuant to paragraphs (3)(a), in the case of valves, or (4)(a) in the case of accessories; and
(b)bear the conformity marking.
(6) But if the transportable pressure equipment, valve or accessory has been manufactured in series to a design type which has been reassessed by a notified body in accordance with the conformity reassessment procedure to be in conformity with the requirements—
(a)referred to in regulations 55 and 60 which are applicable to the equipment in question; or
(b)where relevant, of the Pressure Equipment Regulations 1999,
the reassessment procedure referred to in paragraphs (2)(b) and (5)(a) may be conducted by an approved body.
(7) For the purposes of paragraph (6) the references in Part II of Annex IV of the Transportable Pressure Equipment Directive to “notified body” shall be treated as references to “approved body”, and “approved body” has the meaning given in regulation 78.
76.—(1) The owner of transportable pressure equipment shall ensure that the equipment is—
(a)periodically inspected in accordance with all relevant procedures in Part III of Annex IV to the Transportable Pressure Equipment Directive to ensure that that equipment continues to meet the relevant requirements in regulations 55 and 60 and of the Pressure Equipment Regulations 1999(9) in relation to which they have been assessed or reassessed for conformity in accordance with this Part of the Regulations; and
(b)used at work in accordance with the relevant requirements of regulations 51 and 52.
(2) Any approved body or notified body who carries out a periodic inspection of transportable pressure equipment shall ensure that—
(a)the inspection complies with the relevant requirements of Part III of Annex IV to the Transportable Pressure Equipment Directive; and
(b)at the end of the inspection, the equipment is marked with—
(i)the identification number of the relevant notified body or approved body;
(ii)where required by Part III of Annex IV to the Transportable Pressure Equipment Directive, the date of the inspection; and
(iii)in the case of EEC-type cylinders undergoing their first periodic inspection, the conformity marking.
(3) Any technical documentation or other information required to be retained under a periodic inspection procedure shall be retained by the person specified in that procedure for any period specified in that procedure.
(4) A periodic inspection done in accordance with—
(a)Regulation 7 of the Transportable Pressure Vessels Regulations 2001; or
(b)Regulation 41 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004,
shall be deemed to be a periodic inspection pursuant to this regulation.
(5) For the purposes of this regulation, references in Part III of Annex IV of the Transportable Pressure Equipment Directive to “inspection body” are to be construed as references to “approved or notified bodies”.
77.—(1) For the purposes of these Regulations, a notified body is a person who satisfies paragraphs (2) and (4).
(2) The person has been appointed to carry out one or more of the procedures specified in paragraph (3).
(3) The procedures are—
(a)one or more of the conformity assessment procedures;
(b)the conformity reassessment procedure; and
(c)either or both periodic inspection procedures in relation to transportable pressure equipment which is a pressure receptacle or periodic inspection procedure, module 1 in relation to transportable pressure equipment which is a tank.
(4) The person has been appointed as a notified body—
(a)in accordance with—
(i)regulation 79; or
(ii)legislation giving effect to the Transportable Pressure Equipment Directive in relation to Northern Ireland; or
(b)by another member State of the Communities, and the appointment has been communicated by that member State to the Commission and the other member States of the Communities in accordance with article 8 of the Transportable Pressure Equipment Directive.
78.—(1) For the purposes of these Regulations, an approved body is a person who satisfies paragraphs (2) and (4).
(2) The person has been appointed to carry out one or more of the procedures specified in paragraph (3).
(3) The procedures are—
(a)one or more conformity assessment procedures;
(b)the conformity reassessment procedure; and
(c)in relation to transportable pressure equipment—
(i)which is a pressure receptacle, periodic inspection procedure module 1; or
(ii)which is a tank under the supervision of a notified body as provided for in module 2, periodic inspection procedure module 2.
(4) The person has been appointed as an approved body—
(a)in accordance with—
(i)regulation 79; or
(ii)legislation giving effect to the Transportable Pressure Equipment Directive in relation to Northern Ireland; or
(b)by another member State of the Communities, and whose appointment has been commmunicated by that member State to the Commission and the other member States of the Communities in accordance with article 9 of the Transportable Pressure Equipment Directive.
(5) In respect of any conformity assessment undertaken in accordance with regulation 74, an approved body shall work exclusively for the group of which it is a member.
(6) In paragraph (5), “group” has the same meaning as in the Transportable Pressure Equipment Directive.
79.—(1) The GB competent authority may appoint such persons as it thinks fit to be notified bodies or approved bodies for the purpose of this Part of the Regulations.
(2) A person appointed as a notified or an approved body pursuant to—
(a)regulation 10 of the Transportable Pressure Vessels Regulations 2001; or
(b)regulation 44 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004,
whose appointment is in force immediately before the coming into force of these Regulations shall be deemed to have been appointed as a notified or approved body pursuant to paragraph (1) on the same terms as applied to the appointment pursuant to regulation 10 or 44.
80.—(1) If a notified body or an approved body—
(a)has carried out a conformity assessment, a reassessment of conformity or a periodic inspection; and
(b)requires the conformity marking to be affixed to transportable pressure equipment, a valve or an accessory which is complete or is in a state permitting final assessment,that body shall ensure that the conformity marking is affixed in a visible, easily legible and indelible fashion.
(2) No person is to affix any marking to transportable pressure equipment, a valve or an accessory which is likely to render the meaning or form of the conformity marking misleading.
(3) Any other marking may be affixed to transportable pressure equipment, a valve or an accessory provided that the visibility and legibility of the conformity marking is not reduced.
S.I. 1999/2001, amended by S.I. 2002/1267.
O.J. No. L138, 1.6.1999, p. 20; last amended by Commission Directive 2002/50/EC of 6th June 2002 (O.J. No. L149, 7.6.2002, p. 28).
in relation to “at work” see section 52 of the Health and Safety at Work etc Act 1974 (c. 37).
Current edition (2006): ISBN 9280142143.
Current edition (2007-2008): ISBN 9291947822.
S.I. 2001/1426; revoked by S.I. 2004/568, Schedule 14.
S.I. 2004/568; amended by S.I. 2005/ 1082, 2005/1732, 2005/2929, 2006/557 and S.S.I 2005/344.
S.R.& O. 1937/54, to which there are amendments not relevant to these Regulations.
S.I. 1999/2001, amended by S.I. 2002/1267.