OpenLegislation

The Pressure Equipment (Safety) Regulations 2016 in Northern Ireland

S.I. 2016/1105 · Made 15 November 2016 · Extends to United Kingdom

Consumer Protection

Health And Safety

Made 15th November 2016

Laid before Parliament 16th November 2016

Coming into force 8th December 2016

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to pressure equipment and assemblies of pressure equipment.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the European Communities Act 1972.

Annotations to the whole text

Marginal citations

M1

S.I. 1998/2793.

M2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

M3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 3Pressure equipment and assemblies
  4. 4Excluded pressure equipment and assemblies
  5. 5Exception for trade fairs, exhibitions and demonstrations
  6. 6Pressure equipment and assemblies subject to essential safety requirements
  7. 7Regulation 7
  8. Part 2: Obligations of economic operators
  9. Chapter: Manufacturers
  10. 9Design and manufacture in accordance with essential safety requirements
  11. 16Monitoring
  12. 18Provision of information and cooperation
  13. Chapter: Importers
  14. 20Prohibition on placing on the market pressure equipment or assemblies which are not in conformity
  15. 22Prohibition on placing on the market pressure equipment or assemblies considered not to be in conformity with the essential safety requirements
  16. 25Storage and transport
  17. 26Monitoring
  18. Chapter: Distributors
  19. 30Duty to act with due care
  20. 32Storage and transport
  21. 33Prohibition on making available on the market where pressure equipment or assemblies are not considered to be in conformity with essential safety requirements
  22. Chapter: All economic operators
  23. 36Cases in which obligations of manufacturers apply to importers and distributors
  24. 38Identification of economic operators
  25. Part 3: Conformity assessment
  26. 41Conformity assessment procedures
  27. 46Regulation 46
  28. 49AUK(NI) indication
  29. 49BRegister of notified bodies established in the United Kingdom
  30. 50European approval for materials
  31. Part 5: Market surveillance and enforcement
  32. 66Designation of market surveillance authority
  33. 67Enforcement
  34. 68Enforcement powers
  35. 69Exercise of enforcement powers
  36. 70Evaluation of pressure equipment or assemblies presenting a risk
  37. 72EU safeguard procedure
  38. 75Restrictive measures
  39. 76Offences
  40. 78Defence of due diligence
  41. 79Liability of persons other than principal offender
  42. 80Time limit for prosecution of offences
  43. 81Service of documents
  44. 82Recovery of expenses of enforcement
  45. 83Action by enforcing authority
  46. 84Appeals against notices
  47. 85Appropriate court for appeals against notices
  48. 86Compensation
  49. Part 6: Miscellaneous
  50. 88Transitional provisions
  51. 91Regulation 91
  52. Signature
  53. Schedule 1: Excluded Pressure Equipment and Assemblies
  54. Part 1: Module A: Internal Production Control
  55. 1General
  56. 2Technical documentation
  57. 3Manufacturing
  58. 4UK marking and declaration of conformity
  59. 5Authorised representative
  60. Part 2: Module A2: Internal production control plus supervised pressure equipment checks at random
  61. 6General
  62. 7Technical documentation
  63. 8Manufacturing
  64. 9Final assessment and pressure equipment, assembly, checks
  65. 10UK marking and declaration of conformity
  66. 11Authorised representative
  67. Part 3: Module B: Type examination
  68. Type examination–production type
  69. 12Paragraph 12
  70. 13Paragraph 13
  71. 14Paragraph 14
  72. 15Paragraph 15
  73. 16Paragraph 16
  74. 17Paragraph 17
  75. 18Paragraph 18
  76. 19Paragraph 19
  77. 20Paragraph 20
  78. 21Paragraph 21
  79. 22Paragraph 22
  80. 23Paragraph 23
  81. 24Paragraph 24
  82. 25Paragraph 25
  83. 26Paragraph 26
  84. 27Paragraph 27
  85. Type examination–design type
  86. 28Paragraph 28
  87. 29Paragraph 29
  88. 30Paragraph 30
  89. 31Paragraph 31
  90. 32Paragraph 32
  91. 33Paragraph 33
  92. 34Paragraph 34
  93. 35Paragraph 35
  94. 36Paragraph 36
  95. 37Paragraph 37
  96. 38Paragraph 38
  97. 39Paragraph 39
  98. 40Paragraph 40
  99. 41Paragraph 41
  100. 42Paragraph 42
  101. 43Paragraph 43
  102. 44Paragraph 44
  103. Part 4: Module C2: Conformity to type based on internal production control plus supervised pressure equipment checks at random intervals
  104. 45General
  105. 46Manufacturing
  106. 47Final assessment and pressure equipment check
  107. 48UK marking and declaration of conformity
  108. 49Authorised representative
  109. Part 5: Module D: Conformity to type based on quality assurance in the production process
  110. 50General
  111. 51Manufacturing
  112. 52Quality system
  113. 53Surveillance under the responsibility of the approved body
  114. 54UK marking and declaration of conformity
  115. 55Authorised representative
  116. Part 6: Module D1: Quality assurance of the production process
  117. 56General
  118. 57Technical documentation
  119. 58Manufacturing
  120. 59Quality system
  121. 60Surveillance under the responsibility of the approved body
  122. 61UK marking and declaration of conformity
  123. 62Authorised representative
  124. Part 7: Module E: Conformity to type based on pressure equipment quality assurance
  125. 63General
  126. 64Manufacturing
  127. 65Quality system
  128. 66Surveillance under the responsibility of the approved body
  129. 67UK marking and declaration of conformity
  130. 68Authorised representative
  131. Part 8: Module E1: Quality assurance of final pressure equipment inspection and testing
  132. 69General
  133. 70Technical documentation
  134. 71Manufacturing
  135. 72Quality system
  136. 73Surveillance under the responsibility of the approved body
  137. 74UK marking and declaration of conformity
  138. 75Authorised representative
  139. Part 9: Module F: Conformity to type based on pressure equipment verification
  140. 76General
  141. 77Manufacturing
  142. 78Verification
  143. 79Verification of conformity by examination and testing of every item of pressure equipment or assembly
  144. 80UK marking and declaration of conformity
  145. 81Authorised representative
  146. Part 10: Module G: Conformity based on unit verification
  147. 82General
  148. 83Technical documentation
  149. 84Manufacturing
  150. 85Verification
  151. 86UK marking and declaration of conformity
  152. 87Authorised representative
  153. Part 11: Module H: Conformity based on full quality assurance
  154. 88General
  155. 89Manufacturing
  156. 90Quality system
  157. 91Surveillance under the responsibility of the approved body
  158. 92UK marking and declaration of conformity
  159. 93Authorised representative
  160. Part 12: Module H1: Conformity based on full quality assurance plus design examination
  161. 94General
  162. 95Manufacturing
  163. 96Quality system
  164. 97Design examination
  165. 98Surveillance under the responsibility of the approved body
  166. 99UK marking and declaration of conformity
  167. 100Authorised representative
  168. 1Paragraph 1
  169. 1AParagraph 1A
  170. 2Paragraph 2
  171. 3Paragraph 3
  172. 4Paragraph 4
  173. 5Paragraph 5
  174. 6Paragraph 6
  175. Schedule 2: Essential Safety Requirements
  176. Part 1: GENERAL
  177. 1Paragraph 1
  178. 2Paragraph 2
  179. Part 2: DESIGN
  180. 3General
  181. 4Design for adequate strength
  182. 5Calculation method
  183. 7Provisions to ensure safe handling and operation
  184. 8Means of examination
  185. 9Means of draining and venting
  186. 10Corrosion or other chemical attack
  187. 11Wear
  188. 12Assemblies
  189. 13Provisions for filling and discharge
  190. 14Protection against exceeding the allowable limits of pressure equipment
  191. 15Safety accessories
  192. 16Pressure limiting devices
  193. 17Temperature monitoring devices
  194. 18External fire
  195. Part 3: MANUFACTURING
  196. 19Manufacturing procedures
  197. 20Preparation of the component parts
  198. 22Non-destructive tests
  199. 23Heat treatment
  200. 24Traceability
  201. 25Final assessment
  202. 26Final inspection
  203. 27Proof test
  204. 28Inspection of safety devices
  205. 30Operating instructions
  206. Part 4: MATERIALS
  207. Part 5: SPECIFIC PRESSURE EQUIPMENT REQUIREMENTS
  208. 32Paragraph 32
  209. 33Fired or otherwise heated pressure equipment with a risk of overheating as referred to in regulation 6
  210. 34Piping as referred to in regulation 6(c)
  211. Part 6: SPECIFIC QUANTITATIVE REQUIREMENTS FOR CERTAIN PRESSURE EQUIPMENT
  212. 36Allowable stresses
  213. 37Paragraph 37
  214. 38Joint coefficients
  215. 39Pressure limiting devices, particularly for pressure vessels
  216. 40Hydrostatic test pressure
  217. 41Material characteristics
  218. Schedule 3
  219. 1Paragraph 1
  220. 2Paragraph 2
  221. 3Paragraph 3
  222. 4Paragraph 4
  223. 5Paragraph 5
  224. 6Paragraph 6
  225. 7Paragraph 7
  226. 8Paragraph 8
  227. Schedule 4: Notified Approved body requirements
  228. 3Paragraph 3
  229. 4Paragraph 4
  230. 5Paragraph 5
  231. 7Paragraph 7
  232. 8Paragraph 8
  233. 9Paragraph 9
  234. 11Paragraph 11
  235. 13Paragraph 13
  236. 14Paragraph 14
  237. 15Paragraph 15
  238. 16Paragraph 16
  239. 17Paragraph 17
  240. Schedule 5: User inspectorate requirements
  241. 1Paragraph 1
  242. 2Paragraph 2
  243. 3Paragraph 3
  244. 4Paragraph 4
  245. 5Paragraph 5
  246. 6Paragraph 6
  247. 7Paragraph 7
  248. 8Paragraph 8
  249. 9Paragraph 9
  250. 11Paragraph 11
  251. 12Paragraph 12
  252. 13Paragraph 13
  253. 14Paragraph 14
  254. 15Paragraph 15
  255. Schedule 6: Operational obligations of notified approved bodies, recognised third party organisations and user inspectorates
  256. Schedule 7: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
  257. 1Enforcement powers under the 1987 Act
  258. 2Modifications to the 1987 Act
  259. Schedule 8: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
  260. 1Enforcement powers under the 1974 Act
  261. 2Modifications to the 1974 Act
  262. Schedule 9: Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order
  263. 1Enforcement powers under the 1978 Order
  264. 2Modifications to the 1978 Order
  265. Schedule 10: Compliance, withdrawal and recall notices
  266. 1Compliance notice
  267. 2Withdrawal notice
  268. 3Recall notice
  269. 4Interpretation
  270. Schedule 11: EU Declaration of Conformity
  271. 2Paragraph 2
  272. 3Paragraph 3
  273. 4Paragraph 4
  274. 8Paragraph 8
  275. Schedule 12: Consequential amendments and revocations
  276. 1Amendment of the Provision and Use of Work Equipment Regulations 1998
  277. 2Amendment of the Provision and Use of Equipment at Work Regulations (Northern Ireland) 1999
  278. 3Amendment of the Pressure Systems Safety Regulations 2000
  279. 4Amendment of the Pressure Systems Safety Regulations (Northern Ireland) 2004
  280. 5Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information)(Specification) Order 2004
  281. 6Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  282. 7Amendment of the Legislative Reform (Health and Safety Executive) Order 2008
  283. 8Amendment of the Supply of Machinery (Safety) Regulations 2008
  284. 9Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  285. 10Amendment of the Fluorinated Greenhouse Gases Regulations 2015
  286. 11Amendment of the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015
  287. 12Amendment of the Consumer Rights Act 2015
  288. Explanatory note