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Regulation 10 Reports and defectsI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person making a thorough examination for an employer under regulation 9 shall—

(a)

notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons;

(b)

as soon as is practicable make a report of the thorough examination in writing authenticated by him or on his behalf by signature or equally secure means and containing the information specified in Schedule 2 to—

(i)

the employer; and

(ii)

any person from whom the equipment has been hired or leased;

(c)

where there is in his opinion a defect in the lifting equipment involving an existing or imminent risk of serious personal injury send a copy of the report as soon as is practicable to the relevant enforcing authority.

(2)

A person making an inspection for an employer under regulation 9 shall—

(a)

notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons;

(b)

as soon as is practicable make a record of the inspection in writing.

(3)

Every employer who has been notified under paragraph (1) shall ensure that the lifting equipment is not used—

(a)

before the defect is rectified; or

(b)

in a case to which sub-paragraph (c) of paragraph 8 of Schedule 2 applies, after a time specified under that sub-paragraph and before the defect is rectified.

(4)

In this regulation “relevant enforcing authority” means—

(a)

where the defective equipment has been hired or leased by the employer, the Health and Safety Executive for Northern Ireland; and

(b)

otherwise, the enforcing authority for the premises in which the defective lifting equipment was thoroughly examined.

Annotations

Commencement

I1

Reg. 10 in operation at 20.9.1999, see reg. 1