The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

Interpretation

1.—(1) In this Schedule—

“approved” means approved in writing;

“competent person” means—

and accordingly any reference to a competent person performing any function includes a reference to his performing it through his employees;

“design standard” means a standard for the design of more than one type of old pressure receptacle;

“examination” means, in respect of an old pressure receptacle, a careful and critical scrutiny of that receptacle in or out of service, as appropriate, using suitable techniques, including testing where appropriate, to assess—

“filling ratio” means the ratio of the volume of the liquid gas in the old pressure receptacle to the total volume of the old pressure receptacle;

“major repair”—

“normal maintenance” in paragraph (b) of the definition of “examination” means such maintenance as is reasonable to expect the owner of an old pressure receptacle to ensure is carried out independently of any advice from the approved inspection body or competent person making the examination;

“owner” means in relation to an old pressure receptacle—

from that originally assessed and marked on the old pressure receptacle at the time of manufacture and “re-rates” shall be construed accordingly.

(2) For the purposes of this Schedule—

(a)dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle or on a wagon for the purpose of carrying them by road or by rail until either—

(i)they are removed from the vehicle or wagon; or

(ii)any old pressure receptacle containing the goods which is on the vehicle or wagon has been cleaned or purged so that any of the goods or their vapour which remain in the old pressure receptacle is not sufficient to create a significant risk to the health or safety of any person, and in either case whether or not the vehicle or wagon is on the road or railway at the material time; and

(b)the carriage of dangerous goods and the consignment of dangerous goods in old pressure receptacles shall be deemed to include the carriage or consignment of uncleaned, empty old pressure receptacles which have contained dangerous goods where those old pressure receptacles still contain sufficient of those dangerous goods, or vapours from them, to create a significant risk to the health and safety of any person.

(3) Any requirement or prohibition imposed in this Schedule on a person who designs an old pressure receptacle or any article which is intended to be a component part thereof, shall extend only to—

(a)such old pressure receptacle or article designed in the course of a trade, business or some other undertaking carried on by him (whether for profit or not); and

(b)matters within his control.

(4) This Schedule shall apply to a self-employed person as it applies to an employer and an employee as if that self-employed person were both an employer and an employee.