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STATUTORY INSTRUMENTS


2001 No. 1426

HEALTH AND SAFETY

The Transportable Pressure Vessels Regulations 2001

  Made 9th April 2001 
  Laid before Parliament 10th April 2001 
  Coming into force
  regulations 1, 2, 10 and 12(1) to (3) 3rd May 2001 
  remaining regulations 1st July 2001 


ARRANGEMENT OF REGULATIONS


PART I

PRELIMINARY
1. Citation and commencement
2. Interpretation
3. Application

PART II

GENERAL REQUIREMENTS
4. Requirements relating to the placing on the market and use at work of transportable pressure vessels
5. Transportable pressure vessels placed on the market or used at work exclusively in Great Britain
6. Reassessment of conformity
7. Periodic inspection and repeated use
8. Notified bodies
9. Approved bodies
10. Appointment of notified bodies and approved bodies by the Executive
11. Conformity marking

PART III

MISCELLANEOUS
12. Fees
13. Defence
14. Amendments and saving

SCHEDULES

  Schedule 1. Disapplications to these Regulations

  Schedule 2. Standards

  Schedule 3. Conformity assessment procedures

  Schedule 4. Modules to be followed for conformity assessment

  Schedule 5. Conformity reassessment procedure

  Schedule 6. Periodic inspection procedures

  Schedule 7. Conformity marking

  Schedule 8. Amendments to the CDGCPL Regulations

The Secretary of State in the exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (4), (6)(a) and (b), 43(2) to (6) and 82(3)(a) of, and paragraphs 1(1)(a), (2) and (3), 2(1), 3, 4(1), 6 and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[
1] ("the 1974 Act") and of all other powers enabling him in that behalf, for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:



PART I

PRELIMINARY

Citation and Commencement
     1.  - (1) These Regulations may be cited as the Transportable Pressure Vessels Regulations 2001.

    (2) This regulation and regulations 2, 10 and 12(1) to (3) shall come into force on 3rd May 2001.

    (3) The remaining regulations shall come into force on 1st July 2001.

Interpretation
    
2.  - (1) In these Regulations:

which is used or intended to be used for the storage or transport of a gas, UN 1051 STABILISED HYDROGEN CYANIDE, UN 1052 ANHYDROUS HYDROGEN FLUORIDE or UN 1790 HYDROFLUORIC ACID, solution, with more than 85% hydrofluoric acid, but does not include a bundle of cylinders or an aerosol;

    (2) In these Regulations, the words "used at work", when referring to a transportable pressure vessel, include the filling, emptying, refilling, storage and transport of that vessel at work and an intention to conduct any of those activities, and related expressions shall be interpreted accordingly.

    (3) In these Regulations, unless the context otherwise requires, a reference to-

Application
     3.  - (1) Subject to paragraphs (2) and (3) and Schedule 1, these Regulations shall apply to any transportable pressure vessel used at work and manufactured - 

    (2) Until 1st July 2003, any person who places on the market or uses at work a transportable pressure vessel manufactured on or after 1st July 2001 may choose to comply with the provisions of the CDGCPL Regulations rather than these Regulations.

    (3) Regulations 4 to 6 shall not apply to an EEC-type cylinder.



PART II

GENERAL REQUIREMENTS

Requirements relating to the placing on the market and use at work of transportable pressure vessels
    
4.  - (1) Subject to regulation 5, no person shall place on the market or use at work any transportable pressure vessel unless the requirements of paragraphs (2) to (4) have been complied with.

    (2) The transportable pressure vessel must - 

    (3) Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves), those valves must - 

    (4) Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must - 

    (5) The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must - 

    (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) Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii).

Transportable pressure vessels placed on the market or used at work exclusively in Great Britain
     5.  - (1) Regulation 4 shall not apply in respect of any transportable pressure vessel which is placed on the market or used at work exclusively within Great Britain provided the requirements of paragraphs (2) to (4) are complied with.

    (2) The transportable pressure vessel must - 

    (3) Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves) those valves must - 

    (4) Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must - 

    (5) The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must - 

    (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) Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii).

Reassessment of conformity
    
6.  - (1) A transportable pressure vessel manufactured prior to 1st July 2003 which does not bear the conformity marking may be reassessed for conformity in accordance with the requirements of paragraphs (2) to (4).

    (2) Subject to paragraph (6), the transportable pressure vessel must - 

    (3) Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves), those valves must - 

    (4) Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must - 

    (5) Subject to paragraph (6), the requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must - 

    (6) Where the transportable pressure vessel, 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 standards or requirements identified pursuant to paragraphs (2)(b), (3)(a) or (4)(a), the reassessment referred to in paragraphs (2)(c) and (5)(b) may be conducted by an approved body (in which case references in Schedule 5 to "notified body" shall be read as if they are references to "approved body").

    (7) Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii).

Periodic inspection and repeated use
    
7.  - (1) The owner of a transportable pressure vessel shall ensure that that vessel is periodically inspected in accordance with all relevant procedures in Schedule 6 to ensure - 

    (2) No person shall fill, refill or transport a transportable pressure vessel unless a valid certificate issued in accordance with Schedule 6 demonstrates that that vessel is not overdue for any periodic inspection to which it is subject under these Regulations.

    (3) Any person who carries out a periodic inspection of a transportable pressure vessel shall ensure that - 

    (4) 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.

Notified bodies
    
8. For the purposes of these Regulations, a notified body is a body which has been appointed - 

Approved bodies
    
9.  - (1) For the purposes of these Regulations, an approved body is a body which has been appointed - 

    (2) In respect of any conformity assessment undertaken pursuant to regulation 5, an approved body shall work exclusively for the group of which it is a member.

Appointment of notified bodies and approved bodies by the Executive
    
10.  - (1) The Executive may appoint such persons as it thinks fit to be notified bodies or approved bodies for the purposes of these Regulations.

    (2) An application - 

shall be made to the Executive.

    (3) An appointment made under this regulation - 

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

    (5) A notified body or an approved body appointed by the Executive shall be subject to such inspection by or on behalf of the Executive as is necessary to ensure compliance with any condition specified in the appointment.

    (6) The inspection referred to in paragraph (5) may include the examination of premises, equipment and documents and the notified body or approved 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 a notified body or an approved body in accordance with these Regulations, the notified body or approved body, as the case may be, shall not be required to carry out the procedures and tasks referred to in paragraph (3)(c) - 

    (8) If for any reason the appointment of a notified body or approved body is terminated under this regulation, the Executive may - 

Conformity marking
    
11.  - (1) Where a notified body or an approved body - 

that body shall ensure that the conformity marking is affixed in a visible, easily legible and indelible fashion.

    (2) No person shall affix any marking to a transportable pressure vessel, valve or accessory which is likely to render the meaning or form of the conformity marking misleading.

    (3) Any other marking may be affixed to a transportable pressure vessel, valve or accessory provided that the visibility and legibility of the conformity marking is not thereby reduced.



PART III

MISCELLANEOUS

Fees
    
12.  - (1) On the making of an application to the Executive for - 

there shall be payable by the applicant in connection with the performance by or on behalf of the Executive of its functions in relation to that application the relevant fee mentioned in paragraph (2).

    (2) The fees referred to in paragraph (1) are - 

    (3) A fee, which shall be reasonable in light of the actual work performed, shall be payable by the relevant notified body or approved body in respect of any inspection undertaken by or on behalf of the Executive in accordance with regulation 10(5).

    (4) Subject to paragraph (5), where an application has been made to a notified body or an approved body in accordance with these Regulations, the notified body or approved body, as the case may be, may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 10(3)(c) as it may determine.

    (5) The fees referred to in paragraph (4) shall not exceed - 

    (6) The power in paragraph (4) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

Defence
    
13.  - (1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove - 

    (2) The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days - 

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

    (3) Where a contravention of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.

Amendments and saving
    
14.  - (1) In the Order of Secretary of State (No. 9), dated June 23, 1919, relating to compressed acetylene contained in a porous substance[10], for the purpose of deeming acetylene not to be an explosive, conditions (1) to (4) and (11) shall be deemed to have been satisfied in respect of any cylinder which complies with the provisions of these Regulations.

    (2) Order in Council No. 30[11] shall not apply to the importation or use at work of acetylene in a transportable pressure vessel which complies with the provisions of these Regulations.

    (3) In the Compressed Acetylene (Importation) Regulations 1978[12], after regulation 1 there shall be inserted the following regulation - 

    (4) In the Carriage of Dangerous Goods by Rail Regulations 1996[13] - 

    (5) The CDGCPL Regulations shall be amended in accordance with Schedule 8.

    (6) In the Carriage of Dangerous Goods by Road Regulations 1996[14] - 

    (7) In the Pressure Systems Safety Regulations 2000[15] - 

    (8) Any certificate or record which was required to be kept under paragraph 10 of Schedule 8 to the CDGCPL Regulations shall continue to be kept as if these Regulations had not been made.



Signed by authority of the Secretary of State


Larry Whitty
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

9th April 2001



SCHEDULE 1
Regulation 3(1)


DISAPPLICATIONS TO THESE REGULATIONS


     1. These Regulations shall not apply to - 

     2. These Regulations shall not apply to any transportable pressure vessel which is used exclusively for the transport of a gas, UN 1051 STABILISED HYDROGEN CYANIDE, UN 1052 ANHYDROUS HYDROGEN FLUORIDE or UN 1790 HYDROFLUORIC ACID, solution, with more than 85% hydrofluoric acid, between the European Community and third-countries provided that - 

     3. These Regulations shall not apply to transportable pressure vessels - 



SCHEDULE 2
Regulations 4 to 6


STANDARDS


The standards referred to in regulations 4 to 6 are - 

     1. In respect of materials - 

     2. In respect of cylinders - 

     3. In respect of closures - 

     4. In respect of markings - 



SCHEDULE 3
Regulations 4 and 5


CONFORMITY ASSESSMENT PROCEDURES


     (This Schedule substantially reproduces the provisions of Part 1 of Annex IV to the Transportable Pressure Equipment Directive)
Module A - internal production control
     1. This module describes the procedure whereby the manufacturer, or his authorised representative established within the Community who carries out the obligations laid down in paragraph 2, ensures and declares that certain transportable pressure vessels satisfy the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all such transportable pressure vessels and draw up a written declaration of conformity.

     2. The manufacturer must draw up the technical documentation described in paragraph 3 and either the manufacturer or his authorised representative established within the Community must keep it at the disposal of the Executive for inspection purposes for a period of 10 years after the last of the transportable pressure vessels have been manufactured. Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the transportable pressure vessels on the market.

     3. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure vessels with the relevant requirements of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure vessels and contain:

     4. The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity with the technical documentation.

     5. The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure vessels to comply with the technical documentation referred to in paragraph 2 and with the relevant requirements of these Regulations.

Module A1 - internal manufacturing checks with monitoring of the final assessment
In addition to the requirements of module A, the following applies.

Final assessment must be performed by the manufacturer and monitored by means of unexpected visits by a notified body chosen by the manufacturer.

During such visits, the notified body must:

Should one or more of the transportable pressure vessels not conform, the notified body must take appropriate measures.

On the responsibility of the notified body, the manufacturer must affix that body's identification number to each transportable pressure vessel.

Module B - EC type-examination
     1. This module describes the part of the procedure by which a notified body ascertains and attests that a representative example of the production envisaged meets the relevant requirements of these Regulations.

     2. The application for EC-type-examination must be lodged by the manufacturer or by his authorised representative established within the Community with a single notified body of his choice.

The application must include:

The applicant must place at the disposal of the notified body a representative example of the production envisaged, hereinafter called "type". The notified body may request further examples should the test programme so require.

A type may cover several versions of the transportable pressure vessels provided that the differences between the versions do not affect the level of safety.

     3. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure vessels with the relevant requirements of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure vessels and contain:

     4. The notified body must:

     4.1 examine the technical documentation, verify that the type has been manufactured in conformity with it and identify the components designed in accordance with the relevant requirements of these Regulations and in particular:

     4.2 perform or have performed the appropriate examinations and necessary tests to establish whether the solutions adopted by the manufacturer meet the relevant requirements of these Regulations.

     4.3 perform or have performed the appropriate examinations and necessary tests to establish whether the relevant provisions of these Regulations have been applied.

     4.4 agree with the applicant the location where the examinations and necessary tests are to be carried out.

     5. Where the type satisfies the relevant provisions of these Regulations, the notified body must issue an EC type-examination certificate to the applicant. The certificate, which should be valid for 10 years and be renewable, must contain the name and address of the manufacturer, the conclusions of the examination and the necessary data for identification of the approved type.

A list of the relevant parts of the technical documentation must be annexed to the certificate and a copy kept by the notified body.

If the notified body refuses to issue an EC type-examination certificate to the manufacturer or to his authorised representative established within the Community, that body must provide detailed reasons for such refusal. Provision must be made for an appeals procedure.

     6. The applicant must inform the notified body that holds the technical documentation concerning the EC type-examination certificate of all modifications to the approved transportable pressure vessels; these are subject to additional approval where they may affect conformity with the relevant requirements of these Regulations or the prescribed conditions for use of the vessels. This additional approval must be given in the form of an addition to the original EC type-examination certificate.

     7. Each notified body must communicate to the member States the relevant information concerning EC type-examination certificates which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the EC type-examination certificates it has withdrawn or refused.

     8. The other notified bodies may receive copies of the EC type-examination certificates and/or their additions. The annexes to the certificates must be held at the disposal of the other notified bodies.

     9. The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation copies of EC type-examination certificates and their additions for a period of 10 years after the last of the transportable pressure vessels have been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the market.

Module B1 - EC design examination
     1. This module describes the part of the procedure whereby a notified body ascertains and attests that the design of a certain transportable pressure vessel meets the relevant provisions of these Regulations.

     2. The manufacturer, or his authorised representative established within the Community, must lodge an application for EC design examination with a single notified body which must include:

and may cover several versions of the transportable pressure vessel provided that the differences between the versions do not affect the level of safety.

     3. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure vessel with the relevant requirements of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure vessel and contain:

     4. The notified body must:

     4.1 examine the technical documentation and identify the components which have been designed in accordance with the relevant provisions of these Regulations and in particular must:

     4.2 perform the necessary examinations to establish whether the solutions adopted by the manufacturer meet the relevant requirements of these Regulations;

     4.3 perform the necessary examinations to establish whether the relevant provisions of these Regulations have actually been applied.

     5. Where the design meets the relevant provisions of these Regulations which apply to it, the notified body must issue an EC type-examination certificate to the applicant. The certificate must contain the name and address of the applicant, the conclusions of the examination, conditions for its validity and the necessary data for identification of the approved design.

A list of the relevant parts of the technical documentation must be annexed to the certificate and a copy kept by the notified body.

If the notified body refuses to issue an EC type-examination certificate to the manufacturer or to his authorised representative established within the Community, that body must provide detailed reasons for such refusal. Provision must be made for an appeals procedure.

     6. The applicant must inform the notified body that holds the technical documentation concerning the EC type-examination certificate of all modifications to the approved design; these are subject to additional approval where they may affect conformity with the relevant requirements of the Regulations or the prescribed conditions for use of the vessel. This additional approval must be given in the form of an addition to the original EC type-examination certificate.

     7. Each notified body must communicate to the member States the relevant information concerning EC design-examination certificates which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the EC type-examination certificates it has withdrawn or refused.

     8. The other notified bodies may on request obtain the relevant information concerning:

     9. The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation referred to in paragraph 3, copies of EC design-examination certificates and their additions for a period of 10 years after the last of the transportable pressure vessels have been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the market.

Module C1 - conformity to type
     1. This module describes that part of the procedure whereby the manufacturer, or his authorised representative established within the Community, ensures and declares that certain transportable pressure vessels are in conformity with the type as described in the EC type-examination certificate and satisfy the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all such transportable pressure vessels and draw up a written declaration of conformity.

     2. The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure vessels to comply with the type as described in the EC type-examination certificate and with the relevant requirements of these Regulations.

     3. The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity for a period of 10 years after the last of the transportable pressure vessels have been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the transportable pressure vessels on the market.

     4. Final assessment must be subject to monitoring in the form of unexpected visits by a notified body chosen by the manufacturer.

During such visits, the notified body must:

Should one or more of the transportable pressure vessels not conform, the notified body must take appropriate measures.

On the responsibility of the notified body, the manufacturer must affix that body's identification number to each transportable pressure vessel.

Module D - production quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure vessels concerned are in conformity with the type described in the EC type-examination certificate and satisfy the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all such transportable pressure vessels and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 4.

     2. The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

     3. Quality system
     3.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice and the application must include:

     3.2 The quality system must ensure compliance of the transportable pressure vessels with the type described in the EC type-examination certificate and with the relevant requirements of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

     3.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure vessels concerned. The assessment procedure must include an inspection visit to the manufacturer's premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     3.4 The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body
     4.1 The purpose of surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     4.2 The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

     4.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provide the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     4.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     5. The manufacturer must, for a period of 10 years after the last of the transportable pressure vessels have been manufactured, hold at the disposal of the Executive:

     6. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module D1 - production quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the transportable pressure vessels concerned satisfy the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all such transportable pressure vessels and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 5.

     2. The manufacturer must draw up the technical documentation described below. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure vessels with the relevant requirements of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure vessels and contain:

     3. The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

     4. Quality system
     4.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

     4.2 The quality system must ensure compliance of the transportable pressure vessels with relevant requirements of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

     4.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

The auditing team must have at least one member with experience of assessing the transportable pressure vessels concerned. The assessment procedure must include an inspection visit to the manufacturer's premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     4.4 The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 4.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     5. Surveillance under the responsibility of the notified body
     5.1 The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     5.2 The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

     5.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provide the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     5.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     6. The manufacturer must, for a period of 10 years after the last of the transportable pressure vessels have been manufactured, hold at the disposal of the Executive:

     7. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module E - product quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure vessel is in conformity with the type as described in the EC type-examination certificate and satisfies the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each product and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 4.

     2. The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

     3. Quality system
     3.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

     3.2 Under the quality system, each transportable pressure vessel must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

     3.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure vessels concerned. The assessment procedure must include an inspection visit to the manufacturer's premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     3.4 The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body
     4.1 The purpose of surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     4.2 The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

     4.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provide the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     4.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     5. The manufacturer must, for a period of 10 years after the last of the transportable pressure vessels have been manufactured, hold at the disposal of the Executive:

     6. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module E1 - production quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the transportable pressure vessels satisfy the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each transportable pressure vessel and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 5.

     2. The manufacturer must draw up the technical documentation described below.

The technical documentation must enable an assessment to be made of the conformity of the transportable pressure vessels with the relevant requirements of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure vessels and contain:

     3. The manufacturer must operate an approved quality system for the final transportable pressure vessel inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

     4. Quality system
     4.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

     4.2. Under the quality system, each transportable pressure vessel must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

     4.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

The auditing team must have at least one member with experience of assessing the transportable pressure vessels concerned. The assessment procedure must include an inspection visit to the manufacturer's premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     4.4. The manufacturer must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body which has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 4.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     5. Surveillance under the responsibility of the notified body
     5.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     5.2. The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

     5.3. The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provide the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     5.4. In addition, the notified body may pay unexpected visits to the manufacturer: The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     6. The manufacturer must, for a period of 10 years after the last of the transportable pressure vessels have been manufactured, hold at the disposal of the Executive:

     7. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

     Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module F - product verification
     1. This module describes the procedure whereby a manufacturer, or his authorised representative established within the Community, ensures and declares that the transportable pressure vessels subject to the provisions of paragraph 3 are in conformity with the type described:

and satisfy the relevant requirements of these Regulations.

     2. The manufacturer must take all measures necessary to ensure that the manufacturing process requires the transportable pressure vessels to comply with the type described:

and with the relevant requirements of these Regulations.

     The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure vessels and draw up a declaration of conformity.

     3. The notified body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure vessels with the relevant requirements of these Regulations by examining and testing every product in accordance with paragraph 4.

The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity for a period of 10 years after the last of the transportable pressure vessels have been manufactured.

     4. Verification by examination and testing of each transportable pressure vessel
     4.1. Each transportable pressure vessel must be individually examined and must undergo appropriate examinations and tests in order to verify that it conforms to the type and the relevant requirements of these Regulations.

In particular, the notified body must:

     4.2. The notified body must affix its identification number or have it affixed to each transportable pressure vessel and draw up a written certificate of conformity relating to the tests carried out.

     4.3. The manufacturer, or his authorised representative established within the Community, must ensure that the certificates of conformity issued by the notified body can be made available on request.

Module G - EC unit verification
     1. This module describes the procedure whereby the manufacturer ensures and declares that transportable pressure vessels which have been issued with the certificate referred to in paragraph 4.1 satisfy the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to the vessels and draw up a declaration of conformity.

     2. The manufacturer must apply to a notified body of his choice for unit verification. The application must contain:

     3. The technical documentation must enable the conformity of the transportable pressure vessels with the relevant requirements of these Regulations to be assessed and the design, manufacture and operation of the transportable pressure vessels to be understood.

The technical documentation must contain:

     4. The notified body must examine the design and construction of each transportable pressure vessel and during manufacture perform appropriate tests to ensure its conformity with the relevant requirements of these Regulations.

     4.1. The notified body must affix its identification number or have it affixed to each transportable pressure vessel and draw up a certificate of conformity for the tests carried out. This certificate must be kept for a period of 10 years.

     4.2 The manufacturer, or his authorised representative established within the Community, must ensure that the declaration of conformity and certificate of conformity issued by the notified body can be made available on request.

In particular, the notified body must:

Module H - full quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure vessels in question satisfy the relevant requirements of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each transportable pressure vessel and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for the surveillance referred to in paragraph 4.

     2. The manufacturer must implement an approved quality system for design, manufacture, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

     3. Quality system
     3.1. The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

     3.2. The quality system must ensure compliance of the transportable pressure vessel with the relevant requirements of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the procedural and quality measures such as programmes, plans, manuals and records.

It must contain in particular an adequate description of:

     3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure vessels concerned. The assessment procedure must include an inspection visit to the manufacturer's premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     3.4. The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body
     4.1. The purpose of this surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     4.2. The manufacturer must allow the notified body access for inspection purposes to the locations of design, manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

     4.3. The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provide the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     4.4. In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular the following factors must be considered in the visit control system:

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     5. The manufacturer must, for a period of 10 years after the last of the transportable pressure vessels have been manufactured, keep at the disposal of the Executive:

     6. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module H1 - full quality assurance with design examination and special surveillance of the final test
     1. In addition to the requirements of Module H, the following apply:

     2. Final assessment is subject to increased surveillance in the form of unexpected visits by the notified body. In the course of such visits, the notified body must conduct examinations on the transportable pressure vessels.



SCHEDULE 4
Regulation 4


MODULES TO BE FOLLOWED FOR CONFORMITY ASSESSMENT


     (This Schedule substantially reproduces the provisions of Annex V to the Transportable Pressure Equipment Directive)
The following table indicates which modules are to be followed when undertaking conformity assessment procedures.

Category of transportable pressure vessel Modules
Vessels for which the product of the test pressure and the capacity is no more than 30 Mpa × litre (300 bar ×litre) A1,

D1, or

E1

Vessels for which the product of the test pressure and the capacity is more than 30 and no more than 150 Mpa × litre (300 and 1500 bar × litre respectively) H,

B in combination with E,

B in combination with C1,

B1 in combination with F, or

B1 in combination with D

Vessels for which the product of the test pressure and the capacity exceeds 150 Mpa × litre (1500 bar × litre) G,

H1,

B in combination with D, or

B in combination with F


     1. Transportable pressure vessels must be subject, at the choice of the manufacturer, to one of the conformity assessment procedures laid down for the category in which it is classified. The manufacturer may also choose to apply one of the set procedures for the higher categories.

     2. As part of the quality assurance procedures, the notified body must, when making unannounced visits, take a sample of the vessels at the manufacturing or storage premises for the purpose of carrying out a check, or having a check carried out, in conformity with the requirements of these Regulations. For this purpose the manufacturer must inform the notified body of the production programme planned. The notified body must make at least two visits during the first year of manufacture. The frequency of subsequent visits will be determined by the notified body on the basis of the criteria set out in paragraph 4.4 of the relevant modules in Schedule 3.



SCHEDULE 5
Regulation 6


CONFORMITY REASSESSMENT PROCEDURE


     (This Schedule substantially reproduces the provisions of Part II of Annex IV to the Transportable Pressure Equipment Directive)
     1. This procedure describes the method for ensuring that transportable pressure vessels placed on the market for reassessment of conformity comply with the relevant requirements of these Regulations.

     2. The owner must make available to a notified body information regarding transportable pressure vessels placed on the market which enables that body to identify the vessel's precise origin, design rules and, for acetylene cylinders, also details of the porous mass. The owner must, where appropriate, notify any prescribed restrictions on use, and forward any notes on possible damage or repairs which have been carried out.

The notified body must also check that valves and other accessories having a direct safety function ensure a level of safety in accordance with the requirements of regulation 6(3) and (4).

     3. The notified body must check whether transportable pressure vessels which have been placed on the market conform to the standards referred to in regulation 6. The check must be carried out on the basis of documents produced in accordance with paragraph 2 and, where appropriate, of further inspections.

     4. If the results of the above checks are satisfactory, the transportable pressure vessels must be subject to the procedures for periodic inspection provided for in Schedule 6.

     5. For vessels manufactured in series, including their valves and other accessories used for transport, the relevant conformity reassessment operations relating to individual inspections of vessels, as indicated in paragraphs 3 and 4, may be carried out by an approved body provided that a notified body has previously carried out the relevant conformity reassessment operations indicated in paragraph 3.



SCHEDULE 6
Regulation 7


PERIODIC INSPECTION PROCEDURES


     (This Schedule substantially reproduces the provisions of Part III of Annex IV to the Transportable Pressure Equipment Directive)
Module 1 - periodic inspection of products
     1. This module describes the procedure whereby the owner or his authorised representative established within the Community ensures that transportable pressure vessels subject to paragraph 3 continue to meet the relevant requirements of these Regulations.

     2. To meet the requirements referred to in paragraph 1, the owner or his authorised representative established in the Community must take all measures necessary to ensure that the conditions of use and of maintenance ensure the continued conformity of the transportable pressure vessels to the relevant requirements of these Regulations, in particular so that:

The measures carried out must be recorded in documents and held at the disposal of the Executive by the owner or his authorised representative established in the Community.

     3. The notified or approved body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure vessels with the relevant requirements of these Regulations by examining and testing every product.

     3.1. All transportable pressure vessels must be examined individually and appropriate tests, as set out in Chapter 6.2 of ADR, must be carried out in order to check that it meets the requirements of these Regulations.

     3.2. The notified or approved body must affix, or have affixed, its identification number to each vessel periodically inspected immediately after the periodic inspection has taken place and draw up a written periodic-inspection certificate. That certificate may cover a number of vessels.

     3.3. The owner or his authorised representative established in the Community must keep the periodic-inspection certificate required under paragraph 3.2 and the documents required under paragraph 2 at least until the next periodic inspection.

Module 2 - periodic inspection through quality assurance
     1. This module describes the procedure whereby the owner or his authorised representative established in the Community, who satisfies the obligations of paragraph 2, ensures and declares that the transportable pressure vessels continue to meet the relevant requirements of these Regulations. The owner or his authorised representative established in the Community must affix the date of periodic inspection to all such transportable pressure vessels and draw up a written declaration of conformity. The date of periodic inspection must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 4.

     2. The owner or his authorised representative established in the Community must take all steps necessary to ensure that the conditions of use and of maintenance are such as to enable the transportable pressure vessels to comply permanently with the requirements of these Regulations and in particular that:

The measures carried out must be recorded in documents and held by the owner or his authorised representative established in the Community at the disposal of the Executive.

The owner or his authorised representative established within the Community must ensure that the qualified staff and necessary facilities are available for the purpose of the periodic inspections.

The owner or his authorised representative established in the Community must operate an approved quality system for the periodic inspection and tests of the vessels as specified in paragraph 3, and be subject to surveillance as specified in paragraph 4.

     3. Quality system
     3.1. The owner or his authorised representative established in the Community must lodge an application for assessment of his quality system for the transportable pressure vessels with a notified body of his choice.

The application must include:

     3.2. Under the quality system, each transportable pressure vessel must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

     3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure vessels concerned. The assessment procedure must include an inspection visit to the premises of the owner or his authorised representative established in the Community.

The decision must be notified to the owner or his authorised representative established in the Community. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     3.4. The owner or his authorised representative established in the Community must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

The owner or his authorised representative established in the Community must inform the notified body which has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the owner or his authorised representative established in the Community. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body
     4.1. The purpose of surveillance is to make sure that the owner or his authorised representative established in the Community duly fulfils the obligations arising out of the approved quality system.

     4.2. The owner or his authorised representative established in the Community must allow the notified body access for inspection purposes to the locations of inspection, testing and storage and provide it with all necessary information, in particular:

     4.3. The notified body must carry out periodic audits to make sure that the owner or his authorised representative established in the Community maintains and applies the quality system and provide the owner or his authorised representative established in the Community with an audit report.

     4.4. In addition, the notified body may pay unannounced visits to the owner or his authorised representative established in the Community. During such visits, the notified body may if necessary perform tests or have tests performed to verify if necessary that the quality system is functioning correctly. The notified body must provide the owner or his authorised representative established in the Community with a visit report and, if a test has taken place, with a test report.

     5. The owner or his authorised representative established in the Community must, for a period of 10 years from the date of the last periodic inspection of the transportable pressure vessels, hold at the disposal of the Executive:



SCHEDULE 7
Regulations 2(1) and 11


CONFORMITY MARKING


     (This Schedule substantially reproduces the provisions of Annex VII to the Transportable Pressure Equipment Directive)
The conformity marking shall take the following form - 



If the marking is reduced or enlarged, the proportions of the drawing must be respected.

The various components of the marking must have substantially the same vertical dimensions, which may not be less than 5 mm.

This minimum dimension may be waived for small vessels.



SCHEDULE 8
Regulation 14(5)


AMENDMENTS TO THE CDGCPL REGULATIONS


     1. The CDGCPL Regulations shall be amended in accordance with the following paragraphs of this Schedule.

     2. In regulation 1, for the words "1st July 2001" there shall be substituted "1st July 2003".

     3. In regulation 2(1) - 

     4. For paragraphs (4) and (5) of regulation 3, there shall be substituted the following paragraphs - 

     5. Regulations 12 to 17 shall be deleted.

     6. In regulation 19, for paragraph (5) there shall be substituted the following paragraph - 

     7. Paragraph (10) of regulation 21 shall be deleted.

     8. In Schedule 4 - 

     9. Schedule 7 shall be deleted.

     10. For Schedule 8 there shall be substituted the following Schedule - 



     11. In Schedule 9 - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations implement as regards Great Britain Council Directive 1999/36/EC of 29 April 1999 (OJ No. L 138, 1.6.1999, p. 20) on transportable pressure equipment. The principal provisions are as follows.

     2. Regulation 3 and Schedule 1 provide for the application of these Regulations.

     3. Regulation 4 sets out requirements relating to the placing on the market and use at work of transportable pressure vessels. Regulation 5 provides for different requirements in respect of transportable pressure vessels which are placed on the market or used at work exclusively within Great Britain. (The terms "placing on the market" and "transportable pressure vessel" are defined in regulation 2(1).)

     4. Regulation 6 permits the reassessment for conformity of transportable pressure vessels manufactured prior to 1st July 2003 which do not bear the conformity marking. In such cases similar requirements apply to those contained in regulation 4. Regulation 7 requires the owner of a transportable pressure vessel to ensure that periodic inspections of that vessel are carried out in accordance with the procedures in Schedule 6.

     5. Regulations 8 and 9 define, respectively, a notified body and an approved body in terms of the procedures which that body has been appointed to undertake. Such bodies must be appointed by the Health and Safety Executive (regulation 10) or by another member State.

     6. Regulation 11 sets out provisions relating to the conformity marking.

     7. Provision is made for the charging of fees (regulation 12) and for a limited defence where the commission of an offence was due to the act or default of another person, not being the employee of the person charged (regulation 13).

     8. Copies of relevant documents may be obtained as follows - 

     9. A copy of the regulatory impact assessment prepared in respect of these Regulations may be obtained from the Economic Adviser's Unit, Health and Safety Executive, Rose Court, 2 Southwark Bridge, London, SE1 9HS. Copies have been placed in the Library of each House of Parliament.


Notes:

[1] 1974 c. 37; sections 11(2), 15(1) and 50(3) were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 4, 6 and 16(3) respectively.back

[2] Current edition (2001): ISBN 92 1 139069 9.back

[3] S.I. 1996/2092, as amended by S.I.s 1998/2885, 1999/257, 1999/303 and 2000/128.back

[4] S.I. 1999/2001.back

[5] Cmnd 5897.back

[6] OJ No. L262, 27.9.1976, p.153.back

[7] OJ No. L300, 19.11.1984, pp.1, 20 and 48, respectively.back

[8] OJ No. L138, 1.6.1999, p.20.back

[9] S.I. 1999/2001.back

[10] S.R. & O. 1919/809, to which there are amendments not relevant to these Regulations.back

[11] S.R. & O. 1937/54, to which there are amendments not relevant to these Regulations.back

[12] S.I. 1978/1723, to which there are amendments not relevant to these Regulations.back

[13] S.I. 1996/2089, relevant amending instrument is S.I. 1998/2885.back

[14] S.I. 1996/2095, relevant amending instrument is S.I. 1998/2885.back

[15] S.I. 2000/128.back

[16] Current edition: Volumes I to IV ISBN 92 801 5090 1; Supplement ISBN 92 801 5093 6.back

[17] Current edition and supplement (2001-2002): Doc 9284-AN/905.back

[18] OJ No. L300, 19.11.1984, p.1.back

[19] OJ No. L300, 19.11.1984, p.20.back

[20] OJ No. L300, 19.11.1984, p.48.back

[21] S.I. 1999/2001.back



ISBN 0 11 029347 9


 © Crown copyright 2001

Prepared 24 April 2001


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