Regulation 16 Design standards, approval and certification

(1)

No person shall–

(a)

supply for the first time;

(b)

import; or

(c)

manufacture and use,

a transportable gas container unless the conditions specified in sub-paragraphs (a) or (b) of paragraph (2) have been met.

(2)

The conditions referred to in paragraph (1) are–

(a)

the container has been verified (either by certificate in writing or by means of stamping the container) as conforming to a design standard or design specification approved by the Executive–

(i)

by a person or body of persons corporate or unincorporate approved by the Executive for the purposes of this paragraph, or

(ii)

in accordance with a quality assurance scheme approved by the Executive; or

(b)

the container is an EEC-type cylinder, that is–

(i)

there is an EEC Verification Certificate in force in respect of it issued by an inspection body which, under the law of any Member State, is authorised to grant such a Certificate for the purposes of the framework directive and the separate directive relating to that type of cylinder, or, in the case of a cylinder not subject to EEC verification under any of the separate directives, it conforms to the requirements of the framework directive and the separate directive relating to that type of cylinder, and

(ii)

it bears all the marks and inscriptions required by the framework directive and the separate directive relating to that type of cylinder.

(3)

Any approval under this regulation shall be by a certificate in writing, may be made subject to conditions and may be revoked by a certificate in writing at any time.

(4)

Schedule 5 shall have effect with respect to fees for approvals under this regulation.

(5)

In paragraph (1)(a) the reference to supplying a transportable gas container for the first time is a reference to supplying an unused transportable gas container, that is, one from which a relevant fluid has not been used.