OpenLegislation

The Simple Pressure Vessels (Safety) Regulations 2016

S.I. 2016/1092 · Made 15 November 2016 · Extends to United Kingdom

Not fully up to date. 2 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. 1(1)word 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. 4(a)
Sch. 4 para. 1(1)(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. 4(b)

Health And Safety

Consumer Protection

Made 15th November 2016

Laid before Parliament 16th November 2016

Coming into force 8th December 2016

F1F2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to safety as regards simple pressure vessels.

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 F3 of Schedule 2 to, that Act.C1

Annotations to the whole text

Textual amendments

F1

S.I. 1989/1327.

F2

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).

F3

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.

Modifications

C1

Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 8

Contents

  1. Part 1
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Application
  6. Part 2: Obligations of economic operators
  7. Chapter: Manufacturers
  8. 4Design and manufacture in accordance with essential safety requirements and sound engineering practice
  9. 5Technical documentation and conformity assessment for category A vessels
  10. 6Declaration of conformity, UK marking and inscriptions for category A vessels
  11. 7Inscriptions for category B vessels
  12. 8Retention by manufacturer of technical documentation and ... declaration of conformity
  13. 9Compliance procedures for series production
  14. 10Monitoring of vessels made available on the market
  15. 11Labelling of vessels
  16. 12Provision of instructions and safety information
  17. 13Duty of manufacturer to take action in respect of vessels placed on the market which are considered not to be in conformity
  18. 14Provision of information and cooperation
  19. 15Appointment by manufacturer of authorised representative
  20. 16Obligations of authorised representative
  21. Chapter: Importers
  22. 17Prohibition on placing on the market vessels which are not in conformity
  23. 18Requirements which must be satisfied before an importer places a category A vessel on the market
  24. 19Prohibition on an importer placing on the market a category A vessel considered not to be in conformity with the essential safety requirements
  25. 20Requirements which must be satisfied before an importer places a category B vessel on the marke t
  26. 21Information identifying importer
  27. 22Instructions and safety information
  28. 23Transport and storage conditions
  29. 24Monitoring by importer of vessels made available on the market
  30. 25Duty of importer to take action in respect of vessels placed on the market which are considered not to be in conformity
  31. 26Retention by importer of technical documentation and ... declaration of conformity
  32. 27Provision of information and cooperation
  33. Chapter: Distributors
  34. 28Duty to act with due care
  35. 29Requirements which must be satisfied before a distributor makes available on the market a category A vessel
  36. 30Prohibition on a distributor making available on the market a category A vessel not considered to be in conformity with essential safety requirements
  37. 31Requirements which must be satisfied before a distributor makes a category B vessel available on the market
  38. 32Storage and transport conditions
  39. 33Duty for distributor to take action in respect of vessels made available on the market which are not in conformity
  40. 34Provision of information and cooperation
  41. Chapter: All economic operators
  42. 35Cases in which obligations of manufacturers apply to importers and distributors
  43. 36Translation of EU declaration of conformity Repealed
  44. 37Identification of economic operators
  45. 38Prohibition on improper use of UK marking
  46. 38AObligations which are met by complying with obligations in the Directive
  47. 38BConformity assessment procedure obligation which is met by complying with the Directive
  48. 38CFurther use of the UK marking
  49. 38DQualifying Northern Ireland Goods
  50. Part 3: Conformity of Category A Vessels
  51. 39Presumption of conformity of category A vessels
  52. 40Conformity assessment procedures prior to manufacture
  53. 41Conformity assessment procedures prior to placing a vessel on the market
  54. 42Records and correspondence language requirements
  55. 43Declaration of conformity
  56. 44Identification number
  57. 44AUK(NI) indication
  58. 44BRegister of notified bodies established in the United Kingdom
  59. Part 4: Approval of Conformity Assessment Bodies
  60. 45Approved bodies
  61. 46Approval of conformity assessment bodies
  62. 47Presumption of conformity of approved bodies
  63. 48Monitoring
  64. 49Restriction, suspension or withdrawal of approval
  65. 50Operational matters in relation to approved bodies
  66. 51Subsidiaries and contractors
  67. 52Register of approved bodies
  68. 53UK national accreditation body
  69. Part 5: Market surveillance and enforcement
  70. 54Designation of market surveillance authority
  71. 55Enforcement
  72. 56Enforcement Powers
  73. 57Exercise of enforcement powers
  74. 58Evaluation of vessels presenting a risk
  75. 59Enforcement action in respect of vessels which are not in conformity
  76. 60EU safeguard procedure Repealed
  77. 61Enforcement action in respect of vessels which are in conformity, but which present a risk
  78. 62Enforcement action in respect of formal non-compliance
  79. 63Restrictive measures
  80. 64Offences
  81. 65Penalties
  82. 66Defence of due diligence
  83. 67Liability of persons other than principal offender
  84. 68Time limit for prosecution of offences
  85. 69Service of documents
  86. 70Recovery of expenses of enforcement
  87. 71Action by enforcing authority
  88. 72Appeals against notices
  89. 73Appropriate court for appeals against notices
  90. 74Compensation
  91. Part 6: Miscellaneous
  92. 75Review
  93. 76Transitional provision
  94. 76ATransitional provision in relation to EU Exit
  95. 77Revocations and savings
  96. 78Consequential Amendments
  97. Signature
  98. Schedule 1: Essential Safety Requirements
  99. Part 1: Materials
  100. 1Paragraph 1
  101. 2Pressurised parts
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Steel vessels
  105. 6Aluminium vessels
  106. 7Welding materials
  107. 8Accessories contributing to the strength of the vessel
  108. 9Non-pressurised parts
  109. 10Symbols
  110. Part 2: Vessel Design
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. 14Paragraph 14
  115. 15Wall thickness
  116. 16Calculation method
  117. 17Experimental method
  118. Part 3: Manufacturing processes
  119. 18Paragraph 18
  120. 19Preparation of the component parts
  121. 20Welds on pressurised parts
  122. 21Paragraph 21
  123. 22Paragraph 22
  124. 23Putting into service of the vessels
  125. Schedule 2: Conformity Assessment Procedures
  126. Part 1: EU-Type Examination (Module B)
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Paragraph 4
  131. 5Paragraph 5
  132. 6Paragraph 6
  133. 7Paragraph 7
  134. 8Paragraph 8
  135. 9Paragraph 9
  136. Part 2: Conformity to type based on internal production control plus supervised vessel testing (Module C1)
  137. 10Paragraph 10
  138. 11Manufacturing
  139. 12Vessel checks
  140. 13UK marking and declaration of conformity
  141. Part 3: Conformity to type based on internal production control plus supervised vessel checks at random intervals (Module C2)
  142. 14Paragraph 14
  143. 15Manufacturing
  144. 16Vessel checks
  145. 17UK marking and declaration of conformity
  146. Part 4: Conformity to type based on internal production control (Module C)
  147. 18Paragraph 18
  148. 19Manufacturing
  149. 20UK marking and declaration of conformity
  150. Part 5: Interpretation
  151. 21Paragraph 21
  152. Schedule 3: EU Declaration of Conformity
  153. 1EU Declaration of conformity (No xxxx)
  154. 2Paragraph 2
  155. 3Paragraph 3
  156. 4Paragraph 4
  157. 5Paragraph 5
  158. 6Paragraph 6
  159. 7Paragraph 7
  160. 8Paragraph 8
  161. Schedule 4: Notified bodies
  162. Part 1: Notified Body Requirements
  163. 1Paragraph 1
  164. 2Paragraph 2
  165. 3Paragraph 3
  166. 4Paragraph 4
  167. 5Paragraph 5
  168. 6Paragraph 6
  169. 7Paragraph 7
  170. 8Paragraph 8
  171. 9Paragraph 9
  172. 10Paragraph 10
  173. 11Paragraph 11
  174. 12Paragraph 12
  175. 13Paragraph 13
  176. 14Paragraph 14
  177. 15Paragraph 15
  178. 16Paragraph 16
  179. Part 2: Operational obligations of notified bodies
  180. 17Paragraph 17
  181. 18Paragraph 18
  182. 19Paragraph 19
  183. 20Paragraph 20
  184. 21Paragraph 21
  185. 22Paragraph 22
  186. 23Paragraph 23
  187. 24Paragraph 24
  188. 25Paragraph 25
  189. 26Paragraph 26
  190. 27Paragraph 27
  191. 28Paragraph 28
  192. 29Paragraph 29
  193. Schedule 5: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
  194. 1Enforcement powers under the 1987 Act
  195. 2Modifications to the 1987 Act
  196. Schedule 6: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
  197. 1Enforcement powers under the 1974 Act
  198. 2Modifications to the 1974 Act
  199. Schedule 7: Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order
  200. 1Enforcement powers under the 1978 Order
  201. 2Modifications to the 1978 Order
  202. Schedule 8: Compliance, withdrawal and enforcement notices
  203. 1Compliance notice
  204. 2Withdrawal notice
  205. 3Recall notice
  206. 4Interpretation
  207. Explanatory note