Interpretation
1.—(1) In this Schedule—
“approved” means approved in writing;
“competent person” means—
a competent individual, other than an employee; or
a competent body of persons corporate or unincorporate,
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—
its actual condition; and
whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance work is carried out;
“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”—
means any repair involving hot work or welding on the body of an old pressure receptacle; and
except in relation to paragraph 7(3)(b), does not include any repair involving heat treatment applied for the purpose of restoring the metallurgical properties of the old pressure receptacle;
“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—
the employer or self-employed person who owns it, other than a person who buys it solely to use the dangerous goods in it before selling it back to the supplier; or
where the old pressure receptacle is leased—
the lessee; or
if the lessee does not have a place of business in Great Britain, his agent in Great Britain; or
where paragraph (ii) applies and there is no agent, the user; and
“re-rating” means reassessing the capability of an old pressure receptacle to contain compressed gas safely with a view to improving its capacity by means of an increase in—
the charging pressure; or
in the case of liquefied gas, the filling ratio,
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.