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The Simple Pressure Vessels (Safety) Regulations 2016 in England

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. Part 4: Approval of Conformity Assessment Bodies
  58. 45Approved bodies
  59. 46Approval of conformity assessment bodies
  60. 47Presumption of conformity of approved bodies
  61. 48Monitoring
  62. 49Restriction, suspension or withdrawal of approval
  63. 50Operational matters in relation to approved bodies
  64. 51Subsidiaries and contractors
  65. 52Register of approved bodies
  66. 53UK national accreditation body
  67. Part 5: Market surveillance and enforcement
  68. 54Designation of market surveillance authority
  69. 55Enforcement
  70. 56Enforcement Powers
  71. 57Exercise of enforcement powers
  72. 58Evaluation of vessels presenting a risk
  73. 59Enforcement action in respect of vessels which are not in conformity
  74. 60EU safeguard procedure Repealed
  75. 61Enforcement action in respect of vessels which are in conformity, but which present a risk
  76. 62Enforcement action in respect of formal non-compliance
  77. 63Restrictive measures
  78. 64Offences
  79. 65Penalties
  80. 66Defence of due diligence
  81. 67Liability of persons other than principal offender
  82. 68Time limit for prosecution of offences
  83. 69Service of documents
  84. 70Recovery of expenses of enforcement
  85. 71Action by enforcing authority
  86. 72Appeals against notices
  87. 73Appropriate court for appeals against notices
  88. 74Compensation
  89. Part 6: Miscellaneous
  90. 75Review
  91. 76Transitional provision
  92. 76ATransitional provision in relation to EU Exit
  93. 77Revocations and savings
  94. 78Consequential Amendments
  95. Signature
  96. Schedule 1: Essential Safety Requirements
  97. Part 1: Materials
  98. 1Paragraph 1
  99. 2Pressurised parts
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Steel vessels
  103. 6Aluminium vessels
  104. 7Welding materials
  105. 8Accessories contributing to the strength of the vessel
  106. 9Non-pressurised parts
  107. 10Symbols
  108. Part 2: Vessel Design
  109. 11Paragraph 11
  110. 12Paragraph 12
  111. 13Paragraph 13
  112. 14Paragraph 14
  113. 15Wall thickness
  114. 16Calculation method
  115. 17Experimental method
  116. Part 3: Manufacturing processes
  117. 18Paragraph 18
  118. 19Preparation of the component parts
  119. 20Welds on pressurised parts
  120. 21Paragraph 21
  121. 22Paragraph 22
  122. 23Putting into service of the vessels
  123. Schedule 2: Conformity Assessment Procedures
  124. Part 1: EU-Type Examination (Module B)
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. 6Paragraph 6
  131. 7Paragraph 7
  132. 8Paragraph 8
  133. 9Paragraph 9
  134. Part 2: Conformity to type based on internal production control plus supervised vessel testing (Module C1)
  135. 10Paragraph 10
  136. 11Manufacturing
  137. 12Vessel checks
  138. 13UK marking and declaration of conformity
  139. Part 3: Conformity to type based on internal production control plus supervised vessel checks at random intervals (Module C2)
  140. 14Paragraph 14
  141. 15Manufacturing
  142. 16Vessel checks
  143. 17UK marking and declaration of conformity
  144. Part 4: Conformity to type based on internal production control (Module C)
  145. 18Paragraph 18
  146. 19Manufacturing
  147. 20UK marking and declaration of conformity
  148. Part 5: Interpretation
  149. 21Paragraph 21
  150. Schedule 3: EU Declaration of Conformity
  151. 1EU Declaration of conformity (No xxxx)
  152. 2Paragraph 2
  153. 3Paragraph 3
  154. 4Paragraph 4
  155. 5Paragraph 5
  156. 6Paragraph 6
  157. 7Paragraph 7
  158. 8Paragraph 8
  159. Schedule 4: Notified bodies
  160. Part 1: Notified Body Requirements
  161. 1Paragraph 1
  162. 2Paragraph 2
  163. 3Paragraph 3
  164. 4Paragraph 4
  165. 5Paragraph 5
  166. 6Paragraph 6
  167. 7Paragraph 7
  168. 8Paragraph 8
  169. 9Paragraph 9
  170. 10Paragraph 10
  171. 11Paragraph 11
  172. 12Paragraph 12
  173. 13Paragraph 13
  174. 14Paragraph 14
  175. 15Paragraph 15
  176. 16Paragraph 16
  177. Part 2: Operational obligations of notified bodies
  178. 17Paragraph 17
  179. 18Paragraph 18
  180. 19Paragraph 19
  181. 20Paragraph 20
  182. 21Paragraph 21
  183. 22Paragraph 22
  184. 23Paragraph 23
  185. 24Paragraph 24
  186. 25Paragraph 25
  187. 26Paragraph 26
  188. 27Paragraph 27
  189. 28Paragraph 28
  190. 29Paragraph 29
  191. Schedule 5: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
  192. 1Enforcement powers under the 1987 Act
  193. 2Modifications to the 1987 Act
  194. Schedule 6: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
  195. 1Enforcement powers under the 1974 Act
  196. 2Modifications to the 1974 Act
  197. Schedule 7: Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order
  198. 1Enforcement powers under the 1978 Order
  199. 2Modifications to the 1978 Order
  200. Schedule 8: Compliance, withdrawal and enforcement notices
  201. 1Compliance notice
  202. 2Withdrawal notice
  203. 3Recall notice
  204. 4Interpretation
  205. Explanatory note