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

Transportable pressure equipment placed on the market and used at work exclusively in Great Britain

39.—(1) Regulation 38 shall not apply in respect of any transportable pressure equipment which is a pressure receptacle and is placed on the market or used at work exclusively within Great Britain provided that the requirements of paragraphs (2) to (4) are complied with.

(2) The transportable pressure equipment shall—

(a)have been designed, manufactured and tested in accordance with the requirements referred to in regulations 21(7) and (8) which are applicable to the equipment in question;

(b)where relevant, have been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F or G, to be in conformity with the requirements referred to in regulation 21(7) and (8) which are applicable to the equipment in question;

(c)bear the identification number of the relevant approved body and any marking required by the requirements referred to in regulations 21(7) and (8); and

(d)not bear the conformity marking or the identification number of any notified body.

(3) Where the transportable pressure equipment includes valves, those valves shall—

(a)have been designed, manufactured and tested in accordance with—

(i)the requirements referred to in regulations 21(7) and (8) which are applicable to the valves in question; or

(ii)where there is no standard for the design, manufacture or testing of such valves in the requirements referred to in regulations 21(7) and (8), in accordance with the requirements for the Pressure Equipment Regulations 1999; and

(b)meet the requirements of—

(i)paragraph (5); or

(ii)regulation 38(3) and (5).

(4) Where the transportable pressure equipment includes accessories, other than valves, which have a direct safety function, those accessories shall—

(a)have been designed, manufactured and tested to be in compliance with the requirements referred to in regulations 21(7) and (8) which are applicable to the accessories in question; and

(b)meet the requirements of—

(i)paragraph (5); or

(ii)regulation 38(4) and (5).

(5) The requirements referred to in paragraphs (3)(b) and (4)(b) are that the valves or accessories shall—

(a)where relevant, have been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F or G to be in conformity with the standards or requirements identified pursuant to paragraphs (3)(a), in the case of valves, or (4)(a) in the case of accessories;

(b)bear the identification mark of the relevant approved body; and

(c)not bear the conformity marking or the identification number of any notified body.

(6) For the purposes of paragraphs (2)(b) and (5)(a) references in the conformity assessment procedures to “notified body” shall be read as if they were references to “approved body”.

(7) 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.