Regulation 9 Establishment of verification scheme

England, Wales and Scotland

(1)

The duty holder must establish a scheme (a “verification scheme”) for ensuring, by the means described in paragraph (2), that the safety and environmental-critical elements and the specified plant—

(a)

are or, where they remain to be provided, will be suitable; and

(b)

where they have been provided, remain in good repair and condition.

(2)

The means are—

(a)

examination, including testing where appropriate, of the safety and environmental-critical elements and the specified plant by a verifier;

F1(b)

examination of any design, specification, certificate, marking or other document, or standard relating to those elements or that plant by a verifier;

(c)

examination by a verifier of work in progress;

(d)

the creation of reports by a verifier on—

(i)

the examination and testing carried out;

(ii)

the findings; and

(iii)

any remedial action recommended;

(e)

the taking of appropriate action by the duty holder following a report;

(f)

the making of a note of action taken by the duty holder following a report;

(g)

the reporting by a verifier to the duty holder of any instances of non-compliance of the duty holder with the standards of the scheme;

(h)

the taking of other such steps as may be provided for pursuant to regulation 10 and Part 1 of Schedule 4; and

(i)

the taking of any steps incidental to the means described in sub-paragraphs (a) to (g).

(3)

The duty holder must ensure that—

(a)

the verification scheme is drawn up by or in consultation with the verifier and recorded in writing; and

(b)

a note is made of any reservation expressed by the verifier as to the content of the scheme in the course of drawing it up.

(4)

The duty holder must—

(a)

produce a written record of the safety and environmental-critical elements and the specified plant;

(b)

invite comment on the record by a verifier; and

(c)

make a note of any reservation expressed by a verifier as to the contents of the record.

(5)

The duties in paragraphs (1), (3) and (4) must be completed—

(a)

in the case of a production installation, before completion of its design; and

(b)

in the case of a non-production installation, before it is moved into external waters with a view to its being operated there.

Annotations

Textual amendments

F1: Reg. 9(2)(b) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 18 para. 1(2) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)