Regulation 5 Approval of containers—either by design type or individually

(1)

An approval referred to in Regulation 4(1)(a) (whether relating to a design type or to an individual container) shall be valid only if—

(a)

it has been issued:

(i)

by the Health and Safety Executive, or

(ii)

by a person or body of persons appointed for the time being by the Executive in accordance with paragraph (3), or

(iii)

by or under the authority of a Government which has ratified or accepted or approved or acceded to the Convention, and

(b)

it has not ceased in accordance with paragraph (2) to be valid.

(2)

If—

(a)

the person or body of persons which issued the approval states in writing that it is no longer valid, or

(b)

the Executive states in writing that the approval is no longer valid, whether or not it was issued by the Executive,

then that approval shall cease to be valid for the purposes of paragraph (1).

(3)

The Executive shall appoint in writing such persons and bodies as it considers appropriate for the purpose of issuing approvals under paragraph (1)(a)(ii) and any such appointment may be subject to conditions and limited as to time and may be varied or revoked at any time by the Executive in writing.