Regulation 9 Review

(1)

Subject to paragraph (2), no manufacturer shall affix to a gas cylinder—

(a)

a pattern approval mark described in the Framework Directive or any mark liable to be confused with such a mark unless the cylinder is of a type for which EEC pattern approval is in force;

(b)

a pattern approval mark described in one of the Separate Directives or any mark liable to be confused with such a mark unless the cylinder is of a type for which EEC pattern approval, granted for the purposes of that Directive, is in force.

(2)

Paragraph (1) does not apply to a sample cylinder to be submitted to the Executive in connection with an application for pattern approval.

(3)

Paragraph (1) shall have effect as if it were a health and safety regulation made under section 15 of the Health and Safety at Work etc. Act 1974^f1 and the provisions of that Act as regards enforcement and offences shall apply to that paragraph.

(4)

It shall be a defence to a charge of committing an offence under sub-paragraphs (a) and (b) of paragraph (1) for the manufacturer to show that he neither knew nor had reasonable grounds to believe that the cylinder was not of a type, in relation to an offence charged under sub-paragraph (a), for which EEC pattern approval was in force or, in relation to an offence charged under sub-paragraph (b), for which EEC pattern approval, granted for the purposes of the Separate Directive in question, was in force.

Annotations

Footnotes

f1: 1974 c. 37; section 15 was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, p.6.