HEALTH AND SAFETY PART 1 PRELIMINARY Citation and commencement 1 These Regulations may be cited as the Transportable Pressure Vessels Regulations (Northern Ireland) 2003 and shall come into operation on 1st December 2003 except for this regulation and regulations 2, 10 and 12(1) to (5) which shall come into operation on 1st October 2003. Interpretation 2 1 In these Regulations – “ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957 , as revised or re-issued from time to time; “aerosol” means a non-refillable vessel made of metal, glass or plastic and containing a gas which is compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state; “approved body” shall be construed in accordance with regulation 9; “Approved Carriage List” means the list described in regulation 4(1)(a) of the CDGCPL Regulations as revised in accordance with regulation 4(2) of those Regulations; “bundle of cylinders” means a transportable assembly of cylinders held firmly together and interconnected by a manifold; “the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 ; “CE marking” means the marking required by regulation 16 of the Pressure Equipment Regulations 1999 ; “conformity assessment procedures” means those procedures set out in Schedule 3 and “conformity assessment” shall be interpreted accordingly; “conformity marking” means the marking referred to in regulation 11 and set out in Schedule 7; “conformity reassessment procedure” means the procedure set out in Schedule 5; “ COTIF ” means the Convention concerning International Carriage by Rail , as revised or re-issued from time to time; “cryogenic receptacle” means a thermally insulated vessel for the transport of refrigerated liquefied gases with a capacity not exceeding 1,000 litres; “cylinder” means a vessel with a capacity not exceeding 150 litres; “EEC-type cylinder” means a transportable pressure vessel – in respect of which there is an EEC Verification Certificate in force 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 Pressure Vessels 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, which conforms to the requirements of the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder; and which bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder; “gas” means a gas classified as a flammable gas, a toxic gas or a non-flammable, non-toxic gas in accordance with regulation 5 of the CDGCPL Regulations; “group” has the same meaning as in the Transportable Pressure Equipment Directive; “notified body” shall be construed in accordance with regulation 8; “owner” means, in relation to a transportable pressure vessel – subject to (b) and (c) below, the employer or the self-employed person who owns it (other than a person who buys it solely to use the gas therein before selling it back to the supplier); subject to sub-paragraph (c), in the case of a lease, the lessee; or where the person referred to in sub-paragraph (a) or (b) does not have a place of business in Northern Ireland – the agent of that person in Northern Ireland, or if there is no such agent, the user; “periodic inspection procedures” means the procedures set out in Schedule 6 and “periodic inspection” shall be interpreted accordingly; “Pressure Vessels Framework Directive” means Council Directive 76/767/EEC of 27 July 1976 , concerning the approximation of laws of the member States relating to common provision for pressure vessels and methods for inspecting them; “reassessment of conformity” shall be construed in accordance with regulation 6; “ RID ” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to COTIF; “separate Directives” means Council Directives 84/525/EEC of 17 September 1984, 84/526/EEC of 17 September 1984 and 84/527/EEC of 17 September 1984 concerning the approximation of laws of the member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders, respectively; “transport” means transport by road or on a railway, in each case on a vehicle; “the Transportable Pressure Equipment Directive” means Council Directive 1999/36/ EC of 29 April 1999 concerning the approximation of laws of member States relating to common provision for transportable pressure equipment and methods for inspection; “transportable pressure vessel” means a cylinder, tube or cryogenic receptacle, including – any valve or other accessory fitted to the vessel and having a direct safety function; and any permanent fitting of such a vessel, which is used or intended to be used for the storage or transport of a gas, UN 1051 STABILISED HYDROGEN CYANIDE, UN 1052 ANHYDROUS HYDROGEN FLUORIDE or UN 1790 HYDROFLUORIC ACID, solution, with more than 85% hydrofluoric acid, but does not include a bundle of cylinders or an aerosol; “tube” means a seamless vessel with a capacity greater than 150 litres but not more than 5,000 litres; “UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the Approved Carriage List as a means of identification for dangerous goods, and any reference to the letters “UN” followed by a number, in relation to certain dangerous goods, means the particular UN number for those goods specified in the Approved Carriage List; “vehicle” means a conveyance which is used for transporting transportable pressure vessels by road or on a railway; 2 In these Regulations, the words “used at work”, when referring to a transportable pressure vessel, include the filling, emptying, refilling, storage and transport of that vessel at work and an intention to conduct any of those activities. Application 3 1 Subject to paragraphs (2) and (3) and Schedule 1, these Regulations shall apply to any transportable pressure vessel used at work and manufactured – a on or after 1st October 2003; and b on or before 30th September 2003 where that vessel is – i subject to reassessment of conformity, or ii an EEC-type cylinder. 2 Until 1st October 2005, any person who places on the market or uses at work a transportable pressure vessel manufactured on or after 1st October 2003 may choose to comply with the provisions of the CDGCPL Regulations rather than these Regulations. 3 Regulations 4 to 6 shall not apply to an EEC-type cylinder. PART 2 GENERAL REQUIREMENTS Requirements relating to the placing on the market and use at work of transportable pressure vessels 4 1 Subject to regulation 5, a person shall not place on the market or use at work any transportable pressure vessel unless the requirements of paragraphs (2) to (4) have been complied with. 2 The transportable pressure vessel must – a be safe and suitable for purpose; b have been designed, manufactured and tested according to – i any standard listed in Schedule 2 which is relevant to that vessel; or ii any other standard approved by the Executive for the purpose of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR; c have been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Schedule 4, to be in conformity with the standards identified pursuant to sub-paragraph (b); and d bear the conformity marking, the identification number of the notified body and any marking required by the standards identified pursuant to sub-paragraph (b). 3 Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves) those valves must – a have been designed, manufactured and tested according to – i any standard listed in Schedule 2 which is relevant to those valves; or ii where there is no such standard, the requirements of the Pressure Equipment Regulations 1999 ; and b meet the requirements specified in paragraph (5). 4 Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must – a have been designed, manufactured and tested to be in compliance with the requirements set out in Chapter 6.2 of ADR; and b meet the requirements specified in paragraph (5). 5 The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must – a be safe and suitable for purpose; b have been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Schedule 4, to be in conformity with the standards or requirements identified pursuant to paragraph (3) or (4), as the case may be; and c bear the conformity marking or the CE marking, as appropriate. 6 Any technical documentation or other information required to be retained under a conformity assessment procedure shall be retained by the person specified in that procedure for any period specified in that procedure. 7 Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii). Transportable pressure vessels placed on the market or used at work exclusively in Northern Ireland 5 1 Regulation 4 shall not apply in respect of any transportable pressure vessel which is placed on the market or used at work exclusively within Northern Ireland provided the requirements of paragraphs (2) to (4) are complied with. 2 The transportable pressure vessel must – a be safe and suitable for purpose; b have been designed, manufactured and tested according to – i any standard listed in Schedule 2 which is relevant to that vessel; or ii any other standard approved by the Executive for the purposes of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR; c where relevant, have been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F and G (and for this purpose references in those procedures to “notified body” shall be read as if they are references to “approved body”), to be in conformity with the standards identified pursuant to sub-paragraph (b); d bear the identification number of the relevant approved body and any marking required by the standards identified pursuant to sub-paragraph (b); and e not bear the conformity marking or the identification number of any notified body. 3 Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves) those valves must – a have been designed, manufactured and tested according to – i any standard listed in Schedule 2 which is relevant to those valves; or ii where there is no such standard, the requirements of the Pressure Equipment Regulations 1999; and b meet the requirements specified in paragraph (5). 4 Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must – a have been designed, manufactured and tested to be in compliance with the requirements set out in Chapter 6.2 of ADR; and b meet the requirements specified in paragraph (5). 5 The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must – a be safe and suitable for purpose; b where relevant, have been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F and G (and for this purpose references in those procedures to “notified body” shall be read as if they are references to “approved body”), to be in conformity with the standards or requirements identified pursuant to paragraph (3) or (4), as the case may be; c bear the identification number of the relevant approved body; and d not bear the conformity marking or the identification number of any notified body. 6 Any technical documentation or other information required to be retained under a conformity assessment procedure shall be retained by the person specified in that procedure for any period specified in that procedure. 7 Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii). Reassessment of conformity 6 1 A transportable pressure vessel manufactured prior to 1st October 2005 which does not bear the conformity marking may be reassessed for conformity in accordance with the requirements of paragraphs (2) to (4). 2 Subject to paragraph (6), the transportable pressure vessel must – a be safe and suitable for purpose; b comply with – i any standard listed in Schedule 2 which is relevant to that vessel; or ii any other standard approved by the Executive for the purposes of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR; c have been reassessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the standards identified pursuant to sub-paragraph (b); and d bear the conformity marking and the identification number of the notified body. 3 Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves), those valves must – a comply with – i any standard listed in Schedule 2 which is relevant to those valves; or ii where there is no such standard, the requirements of the Pressure Equipment Regulations 1999; and b meet the requirements specified in paragraph (5). 4 Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must – a comply with the requirements set out in Chapter 6.2 of ADR; and b meet the requirements specified in paragraph (5). 5 Subject to paragraph (6), the requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must – a be safe and suitable for purpose; b where relevant, have been assessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the standards or requirements identified pursuant to paragraph (3) or (4), as the case may be; and c bear the conformity marking. 6 Where the transportable pressure vessel, valve or accessory has been manufactured in series to a design type which has been reassessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the standards or requirements identified pursuant to paragraphs (2)(b), (3)(a) or (4)(a), the reassessment referred to in paragraphs (2)(c) and (5)(b) may be conducted by an approved body (in which case references in Schedule 5 to “notified body” shall be read as if they are references to “approved body”). 7 Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii). Periodic inspection and repeated use 7 1 The owner of a transportable pressure vessel shall ensure that that vessel is periodically inspected in accordance with all relevant procedures in Schedule 6 to ensure – a the continued safety of that vessel; and b that the vessel continues to meet the standards and requirements to which it was designed and manufactured. 2 A person shall not fill, refill or transport a transportable pressure vessel unless a valid certificate issued in accordance with Schedule 6 demonstrates that that vessel is not overdue for any periodic inspection to which it is subject under these Regulations. 3 Any person who carries out a periodic inspection of a transportable pressure vessel shall ensure that – a that inspection complies with the relevant requirements of Schedule 6; and b at the end of that inspection, that vessel is marked with – i the identification number of the relevant notified body or approved body; ii where required by Schedule 6, the date of the inspection; and iii in the case of EEC-type cylinders undergoing their first periodic inspection, the conformity marking. 4 Any technical documentation or other information required to be retained under a periodic inspection procedure shall be retained by the person specified in that procedure for any period specified in that procedure. Notified bodies 8 For the purposes of these Regulations, a notified body is a body which has been appointed – a to carry out one or more of the following, namely – i one or more conformity assessment procedures; ii the conformity reassessment procedure; iii either or both periodic inspection procedures; and b as a notified body – i pursuant to regulation 10; or ii by another member State, and whose appointment has been communicated by that member State to the Commission and the other member States pursuant to Article 8 of the Transportable Pressure Equipment Directive. Approved bodies 9 1 For the purposes of these Regulations, an approved body is a body which has been appointed – a to carry out one or more of the following, namely – i one or more conformity assessment procedures; ii the conformity reassessment procedure; iii periodic inspection procedure module 1; and b as an approved body – i pursuant to regulation 10; or ii by another member State, and whose appointment has been communicated by that member State to the Commission and the other member States pursuant to Article 9 of the Transportable Pressure Equipment Directive. 2 In respect of any conformity assessment undertaken pursuant to regulation 5, an approved body shall work exclusively for the group of which it is a member. Appointment of notified bodies and approved bodies by the Executive 10 1 The Executive may appoint such persons as it thinks fit to be notified bodies or approved bodies for the purposes of these Regulations. 2 An application – a for appointment as a notified body; b for appointment as an approved body; or c for the amendment of an existing appointment, shall be made to the Executive. 3 An appointment made under this regulation – a may relate to all descriptions of transportable pressure vessels or such descriptions as the Executive may determine; b may be made subject to such conditions as the Executive may determine, and such conditions may include conditions which are to apply upon or following termination of the appointment; c shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (7), require the notified body or approved body, as the case may be, to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer of the transportable pressure vessel fulfils the obligations arising out of the relevant conformity assessment procedure; d shall be terminated upon 90 days' notice in writing to the Executive at the request of the notified body or the approved body; and e may be terminated if it appears to the Executive that any of the conditions of the appointment are not being complied with. 4 Subject to paragraph (3)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment. 5 A notified body or an approved body appointed by the Executive shall be subject to such inspection by or on behalf of the Executive as is necessary to ensure compliance with any condition specified in the appointment. 6 The inspection referred to in paragraph (5) may include the examination of premises, equipment and documents and the notified body or approved body shall provide such facilities, assistance and information as are reasonably required for the purpose of the inspection. 7 In respect of an application made to a notified body or an approved body in accordance with these Regulations, the notified body or approved body, as the case may be, shall not be required to carry out the procedures and tasks referred to in paragraph (3)(c) – a if the documents submitted to it with the application are not in English or another language acceptable to that body; b until the applicant has paid the fee which that body requires pursuant to regulation 12(4); or c if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application. 8 If for any reason the appointment of a notified body or approved body is terminated under this regulation, the Executive may – a give such directions (either to the body whose appointment has been terminated or to another notified body or approved body) for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and those directions shall be complied with by the body to whom they are given; and b without prejudice to the generality of the foregoing, authorise another notified body or approved body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify. Conformity marking 11 1 Where a notified body or an approved body – a has carried out a conformity assessment, a reassessment of conformity or a periodic inspection; and b requires the conformity marking to be affixed to a transportable pressure vessel, valve or accessory which is complete or is in a state permitting final assessment, that body shall ensure that the conformity marking is affixed in a visible, easily legible and indelible fashion. 2 A person shall not affix any marking to a transportable pressure vessel, valve or accessory which is likely to render the meaning or form of the conformity marking misleading. 3 Any other marking may be affixed to a transportable pressure vessel, valve or accessory provided that the visibility and legibility of the conformity marking is not thereby reduced. PART 3 MISCELLANEOUS Fees 12 1 On the making of an application to the Executive for – a the appointment of a notified body or an approved body; b the amendment of an existing appointment of such a body; or c the approval of a standard for the purposes of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR, there shall be payable by the applicant in the connection with the performance by or on behalf of the Executive of its functions in relation to that application the relevant fee mentioned in paragraph (2). 2 The fees referred to in paragraph (1) are – a in respect of sub-paragraphs (a) or (b) – i a fee of £283 for processing the application; and ii such fee as is reasonable in light of the actual work performed in respect of the determination of the suitability of the applicant for appointment or for the amendment of an existing appointment; and b in respect of sub-paragraph (c), such fee as is reasonable in light of the actual work performed in respect of the approval of the standard. 3 A fee, which shall be reasonable in light of the actual work preformed, shall be payable by the relevant notified body or approved body in respect of any inspection undertaken by or on behalf of the Executive in accordance with regulation 10(5). 4 Subject to paragraph (5), where an application has been made to a notified body or an approved body in accordance with these Regulations, the notified body or approved body, as the case may be, may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 10(3)(c) as it may determine. 5 The fees referred to in paragraph (4) shall not exceed – a the costs incurred or to be incurred by the notified body or approved body in performing the relevant function; and b an amount on account of profit which is reasonable in the circumstances having regard to – i the character and extent of the work done or to be done by that body on behalf of the applicant; and ii the commercial rate normally charged on account of profit for that work or similar work. 6 The power in paragraph (4) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant. Defence 13 1 In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove – a that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and b that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. 2 The person charged shall not, without the leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period of seven days before the hearing to determine the mode of trial, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession. 3 Where a contravention of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default. Amendments and saving 14 1 In regulation 2 of the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991 – a in the definition of “pressure system”, after the words “but does not include a transportable pressure receptacle” there shall be added the words “or a transportable pressure vessel”; and b after the definition of “transportable pressure receptacle” there shall be inserted the following definition – “transportable pressure vessel” has the same meaning as in regulation 2(1) of the Transportable Pressure Vessels Regulations (Northern Ireland) 2003; . 2 In regulation 24(a)(i) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991 – a in head (aa), for the words “1st July 2001” there shall be substituted the words “1st April 2005”; and b in head (bb), for the words “30th June 2001” there shall be substituted the words “31st March 2005”. 3 The CDGCPL Regulations shall be amended in accordance with Schedule 8. 4 In the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 – a in regulation 11(1)(a), for the words “1st July 2001” there shall be substituted the words “1st April 2005”; b in regulation 11(1)(b), for the words “30th June 2001” there shall be substituted the words “31st March 2005”; c in the title to Schedule 3, for the words “1st July 2001” there shall be substituted the words “1st April 2005”; and d in paragraph 11 of Schedule 10, for the words “1st July 2001” there shall be substituted the words “1st April 2005”. 5 In the Carriage of Dangerous Goods by Rail Regulations (Northern Ireland) 1998 – a in regulation 2(5) and (7), for the words “1st July 2001” there shall be substituted the words “1st April 2005”; b in regulation 9(1), for the words “30th June 2001” there shall be substituted the words “31st March 2005”; and c in the title to Schedule 1, for the words “1st July 2001” there shall be substituted the words “1st April 2005”. 6 Any certificate or record which was required to be kept under paragraph 10 of Schedule 8 to the CDGCPL Regulations as they had effect immediately before these Regulations came into operation shall continue to be kept as if these Regulations had not been made. Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 22nd August 2003. M. Bohill A senior officer of the Department of Enterprise, Trade and Investment