OpenLegislation

The Pressure Equipment (Safety) Regulations 2016 in Wales

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

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2024.

See the changes not yet applied
ProvisionChangeMade by
Sch. 4 para. 2word omittedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 6(3)(a)
Sch. 2 para. 31(8)(a)(ia)insertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 6(2)
Sch. 4 para. 2(c) and wordinsertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 6(3)(b)

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. 2Interpretation
  4. 2ADesignated standard
  5. 3Pressure equipment and assemblies
  6. 4Excluded pressure equipment and assemblies
  7. 5Exception for trade fairs, exhibitions and demonstrations
  8. 6Pressure equipment and assemblies subject to essential safety requirements
  9. 7Regulation 7
  10. 8Requirement for pressure equipment and assemblies to comply with sound engineering practice
  11. 8APower to reclassify pressure equipment and assemblies
  12. Part 2: Obligations of economic operators
  13. Chapter: Manufacturers
  14. 9Design and manufacture in accordance with essential safety requirements
  15. 10Technical documentation and conformity assessment
  16. 11Declaration of conformity and UK marking
  17. 12Duty to keep technical documentation and ... declaration of conformity
  18. 13Labelling of pressure equipment and assemblies
  19. 14Instructions and safety information
  20. 15Compliance procedures for series production
  21. 16Monitoring
  22. 17Duty to take action in respect of pressure equipment or assemblies placed on the market which are considered not to be in conformity
  23. 18Provision of information and cooperation
  24. 19Manufacturer's authorised representatives
  25. Chapter: Importers
  26. 20Prohibition on placing on the market pressure equipment or assemblies which are not in conformity
  27. 21Requirements which must be satisfied before an importer places pressure equipment or assemblies on the market
  28. 22Prohibition on placing on the market pressure equipment or assemblies considered not to be in conformity with the essential safety requirements
  29. 23Information identifying importer
  30. 24Instructions and safety information
  31. 25Storage and transport
  32. 26Monitoring
  33. 27Duty to take action in respect of pressure equipment or assemblies placed on the market considered not to be in conformity
  34. 28Retention of technical documentation and ... declaration of conformity
  35. 29Provision of information and cooperation
  36. Chapter: Distributors
  37. 30Duty to act with due care
  38. 31Requirements which must be satisfied before a distributor makes pressure equipment or assemblies available on the market)
  39. 32Storage and transport
  40. 33Prohibition on making available on the market where pressure equipment or assemblies are not considered to be in conformity with essential safety requirements
  41. 34Duty to take action in respect of pressure equipment made available on the market which are not in conformity
  42. 35Provision of information and cooperation
  43. Chapter: All economic operators
  44. 36Cases in which obligations of manufacturers apply to importers and distributors
  45. 37Translation of ... declaration of conformity
  46. 38Identification of economic operators
  47. 39Prohibition on improper use of UK marking
  48. 39AObligations which are met by complying with the obligations in the Directive
  49. 39BConformity assessment procedure obligation which is met by complying with the Directive.
  50. 39CFurther use of the UK marking
  51. 39DQualifying Northern Ireland Goods
  52. Part 3: Conformity assessment
  53. 40Presumption of conformity
  54. 41Conformity assessment procedures
  55. 42Regulation 42
  56. 42APower to amend applicable module
  57. 43Regulation 43
  58. 44Regulation 44
  59. 45Regulation 45
  60. 46Regulation 46
  61. 47Regulation 47
  62. 48... Declaration of conformity
  63. 49UK marking
  64. 50European approval for materials
  65. Part 4: Notification of conformity assessment bodies
  66. 51Approved bodies
  67. 52Recognised third party organisations
  68. 53User inspectorates
  69. 54Approval of conformity assessment bodies
  70. 55Approval of approved bodies
  71. 56Approval of recognised third party organisations
  72. 57Approval of user inspectorates
  73. 58Presumption of conformity of conformity assessment bodies
  74. 59Monitoring
  75. 60Restriction, suspension or withdrawal of approval (approved bodies and recognised third party organisations)
  76. 61Restriction, suspension or withdrawal of approval (user inspectorates)
  77. 62Operational matters in relation to approved bodies, recognised third party organisations and user inspectorates
  78. 63Subsidiaries and contractors
  79. 64Register of approved bodies
  80. 65United Kingdom Accreditation Service
  81. Part 5: Market surveillance and enforcement
  82. 66Designation of market surveillance authority
  83. 67Enforcement
  84. 68Enforcement powers
  85. 69Exercise of enforcement powers
  86. 70Evaluation of pressure equipment or assemblies presenting a risk
  87. 71Enforcement action in respect of pressure equipment or assemblies which are not in conformity and which present a risk
  88. 72EU safeguard procedure
  89. 73Pressure equipment or assemblies which are in conformity, but present a risk
  90. 74Enforcement action in cases of formal non-compliance
  91. 75Restrictive measures
  92. 76Offences
  93. 77Penalties
  94. 78Defence of due diligence
  95. 79Liability of persons other than principal offender
  96. 80Time limit for prosecution of offences
  97. 81Service of documents
  98. 82Recovery of expenses of enforcement
  99. 83Action by enforcing authority
  100. 84Appeals against notices
  101. 85Appropriate court for appeals against notices
  102. 86Compensation
  103. Part 6: Miscellaneous
  104. 87Review
  105. 88Transitional provisions
  106. 88ATransitional provision in relation to EU Exit
  107. 89Regulation 89
  108. 90Revocations, amendments and savings
  109. 91Regulation 91
  110. Signature
  111. Schedule 1: Excluded Pressure Equipment and Assemblies
  112. 1Paragraph 1
  113. Schedule 1A: Conformity Assessment Procedures for Pressure Equipment and Assemblies
  114. Part 1: Module A: Internal Production Control
  115. 1General
  116. 2Technical documentation
  117. 3Manufacturing
  118. 4UK marking and declaration of conformity
  119. 5Authorised representative
  120. Part 2: Module A2: Internal production control plus supervised pressure equipment checks at random
  121. 6General
  122. 7Technical documentation
  123. 8Manufacturing
  124. 9Final assessment and pressure equipment, assembly, checks
  125. 10UK marking and declaration of conformity
  126. 11Authorised representative
  127. Part 3: Module B: Type examination
  128. Type examination–production type
  129. 12Paragraph 12
  130. 13Paragraph 13
  131. 14Paragraph 14
  132. 15Paragraph 15
  133. 16Paragraph 16
  134. 17Paragraph 17
  135. 18Paragraph 18
  136. 19Paragraph 19
  137. 20Paragraph 20
  138. 21Paragraph 21
  139. 22Paragraph 22
  140. 23Paragraph 23
  141. 24Paragraph 24
  142. 25Paragraph 25
  143. 26Paragraph 26
  144. 27Paragraph 27
  145. Type examination–design type
  146. 28Paragraph 28
  147. 29Paragraph 29
  148. 30Paragraph 30
  149. 31Paragraph 31
  150. 32Paragraph 32
  151. 33Paragraph 33
  152. 34Paragraph 34
  153. 35Paragraph 35
  154. 36Paragraph 36
  155. 37Paragraph 37
  156. 38Paragraph 38
  157. 39Paragraph 39
  158. 40Paragraph 40
  159. 41Paragraph 41
  160. 42Paragraph 42
  161. 43Paragraph 43
  162. 44Paragraph 44
  163. Part 4: Module C2: Conformity to type based on internal production control plus supervised pressure equipment checks at random intervals
  164. 45General
  165. 46Manufacturing
  166. 47Final assessment and pressure equipment check
  167. 48UK marking and declaration of conformity
  168. 49Authorised representative
  169. Part 5: Module D: Conformity to type based on quality assurance in the production process
  170. 50General
  171. 51Manufacturing
  172. 52Quality system
  173. 53Surveillance under the responsibility of the approved body
  174. 54UK marking and declaration of conformity
  175. 55Authorised representative
  176. Part 6: Module D1: Quality assurance of the production process
  177. 56General
  178. 57Technical documentation
  179. 58Manufacturing
  180. 59Quality system
  181. 60Surveillance under the responsibility of the approved body
  182. 61UK marking and declaration of conformity
  183. 62Authorised representative
  184. Part 7: Module E: Conformity to type based on pressure equipment quality assurance
  185. 63General
  186. 64Manufacturing
  187. 65Quality system
  188. 66Surveillance under the responsibility of the approved body
  189. 67UK marking and declaration of conformity
  190. 68Authorised representative
  191. Part 8: Module E1: Quality assurance of final pressure equipment inspection and testing
  192. 69General
  193. 70Technical documentation
  194. 71Manufacturing
  195. 72Quality system
  196. 73Surveillance under the responsibility of the approved body
  197. 74UK marking and declaration of conformity
  198. 75Authorised representative
  199. Part 9: Module F: Conformity to type based on pressure equipment verification
  200. 76General
  201. 77Manufacturing
  202. 78Verification
  203. 79Verification of conformity by examination and testing of every item of pressure equipment or assembly
  204. 80UK marking and declaration of conformity
  205. 81Authorised representative
  206. Part 10: Module G: Conformity based on unit verification
  207. 82General
  208. 83Technical documentation
  209. 84Manufacturing
  210. 85Verification
  211. 86UK marking and declaration of conformity
  212. 87Authorised representative
  213. Part 11: Module H: Conformity based on full quality assurance
  214. 88General
  215. 89Manufacturing
  216. 90Quality system
  217. 91Surveillance under the responsibility of the approved body
  218. 92UK marking and declaration of conformity
  219. 93Authorised representative
  220. Part 12: Module H1: Conformity based on full quality assurance plus design examination
  221. 94General
  222. 95Manufacturing
  223. 96Quality system
  224. 97Design examination
  225. 98Surveillance under the responsibility of the approved body
  226. 99UK marking and declaration of conformity
  227. 100Authorised representative
  228. Schedule 1B: Conformity Assessment Tables
  229. 1Paragraph 1
  230. 1AParagraph 1A
  231. 2Paragraph 2
  232. 3Paragraph 3
  233. 4Paragraph 4
  234. 5Paragraph 5
  235. 6Paragraph 6
  236. Schedule 2: Essential Safety Requirements
  237. Part 1: GENERAL
  238. 1Paragraph 1
  239. 2Paragraph 2
  240. Part 2: DESIGN
  241. 3General
  242. 4Design for adequate strength
  243. 5Calculation method
  244. 6Experimental design methods
  245. 7Provisions to ensure safe handling and operation
  246. 8Means of examination
  247. 9Means of draining and venting
  248. 10Corrosion or other chemical attack
  249. 11Wear
  250. 12Assemblies
  251. 13Provisions for filling and discharge
  252. 14Protection against exceeding the allowable limits of pressure equipment
  253. 15Safety accessories
  254. 16Pressure limiting devices
  255. 17Temperature monitoring devices
  256. 18External fire
  257. Part 3: MANUFACTURING
  258. 19Manufacturing procedures
  259. 20Preparation of the component parts
  260. 21Permanent joining
  261. 22Non-destructive tests
  262. 23Heat treatment
  263. 24Traceability
  264. 25Final assessment
  265. 26Final inspection
  266. 27Proof test
  267. 28Inspection of safety devices
  268. 29Marking and labelling
  269. 30Operating instructions
  270. Part 4: MATERIALS
  271. 31Paragraph 31
  272. Part 5: SPECIFIC PRESSURE EQUIPMENT REQUIREMENTS
  273. 32Paragraph 32
  274. 33Fired or otherwise heated pressure equipment with a risk of overheating as referred to in regulation 6
  275. 34Piping as referred to in regulation 6(c)
  276. Part 6: SPECIFIC QUANTITATIVE REQUIREMENTS FOR CERTAIN PRESSURE EQUIPMENT
  277. 35Paragraph 35
  278. 36Allowable stresses
  279. 37Paragraph 37
  280. 38Joint coefficients
  281. 39Pressure limiting devices, particularly for pressure vessels
  282. 40Hydrostatic test pressure
  283. 41Material characteristics
  284. Schedule 3
  285. Part 1: Classification of pressure equipment Classification of pressure equipment before IP completion day
  286. 1Paragraph 1
  287. 2Paragraph 2
  288. 3Paragraph 3
  289. 4Paragraph 4
  290. Part 2: Classification of pressure equipment immediately on or after IP completion day
  291. 5Paragraph 5
  292. 6Paragraph 6
  293. 7Paragraph 7
  294. 8Paragraph 8
  295. Schedule 4: Notified Approved body requirements
  296. 1Paragraph 1
  297. 2Paragraph 2
  298. 3Paragraph 3
  299. 4Paragraph 4
  300. 5Paragraph 5
  301. 6Paragraph 6
  302. 7Paragraph 7
  303. 8Paragraph 8
  304. 9Paragraph 9
  305. 10Paragraph 10
  306. 11Paragraph 11
  307. 12Paragraph 12
  308. 13Paragraph 13
  309. 14Paragraph 14
  310. 15Paragraph 15
  311. 16Paragraph 16
  312. 17Paragraph 17
  313. 18Paragraph 18
  314. Schedule 5: User inspectorate requirements
  315. 1Paragraph 1
  316. 2Paragraph 2
  317. 3Paragraph 3
  318. 4Paragraph 4
  319. 5Paragraph 5
  320. 6Paragraph 6
  321. 7Paragraph 7
  322. 8Paragraph 8
  323. 9Paragraph 9
  324. 10Paragraph 10
  325. 11Paragraph 11
  326. 12Paragraph 12
  327. 13Paragraph 13
  328. 14Paragraph 14
  329. 15Paragraph 15
  330. 16Paragraph 16
  331. Schedule 6: Operational obligations of notified approved bodies, recognised third party organisations and user inspectorates
  332. 1Paragraph 1
  333. 2Paragraph 2
  334. 3Paragraph 3
  335. 4Paragraph 4
  336. 5Paragraph 5
  337. 6Paragraph 6
  338. 7Paragraph 7
  339. 8Paragraph 8
  340. 9Paragraph 9
  341. 10Paragraph 10
  342. 11Paragraph 11
  343. 12Paragraph 12
  344. 13Paragraph 13
  345. Schedule 7: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
  346. 1Enforcement powers under the 1987 Act
  347. 2Modifications to the 1987 Act
  348. Schedule 8: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
  349. 1Enforcement powers under the 1974 Act
  350. 2Modifications to the 1974 Act
  351. Schedule 9: Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order
  352. 1Enforcement powers under the 1978 Order
  353. 2Modifications to the 1978 Order
  354. Schedule 10: Compliance, withdrawal and recall notices
  355. 1Compliance notice
  356. 2Withdrawal notice
  357. 3Recall notice
  358. 4Interpretation
  359. Schedule 11: EU Declaration of Conformity
  360. 1... Declaration of conformity (No xxxx)
  361. 2Paragraph 2
  362. 3Paragraph 3
  363. 4Paragraph 4
  364. 5Paragraph 5
  365. 6Paragraph 6
  366. 7Paragraph 7
  367. 8Paragraph 8
  368. Schedule 12: Consequential amendments and revocations
  369. 1Amendment of the Provision and Use of Work Equipment Regulations 1998
  370. 2Amendment of the Provision and Use of Equipment at Work Regulations (Northern Ireland) 1999
  371. 3Amendment of the Pressure Systems Safety Regulations 2000
  372. 4Amendment of the Pressure Systems Safety Regulations (Northern Ireland) 2004
  373. 5Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information)(Specification) Order 2004
  374. 6Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  375. 7Amendment of the Legislative Reform (Health and Safety Executive) Order 2008
  376. 8Amendment of the Supply of Machinery (Safety) Regulations 2008
  377. 9Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  378. 10Amendment of the Fluorinated Greenhouse Gases Regulations 2015
  379. 11Amendment of the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015
  380. 12Amendment of the Consumer Rights Act 2015
  381. Explanatory note