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

Regulation 5(3)

SCHEDULE 1OLD TANKS

Interpretation

1.—(1) In this Schedule—

“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or reissued from time to time(1);

“an assembly of old pressure receptacles” means an assembly of old pressure receptacles—

“competent person” means—

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

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

“old tank-vehicle” means a tank-vehicle except that it shall include—

“pressure vessel” means a tank-container or the fixed or demountable tank of an old tank-vehicle which is—

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex I to Appendix B to COTIF;

“trailer” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(2);

“tube-container” means a group of old pressure receptacles connected together—

and intended to be used for the carriage of gases; and

“tube trailer” means a trailer which has—

(2) For the purpose of this Schedule the operator of—

(a)a vehicle, in relation to carriage by road, shall be—

(i)the person who, having a place of business in Great Britain, has the management of the container or vehicle for the time being; or

(ii)if no person satisfies the requirements of paragraph (i), the driver of the vehicle;

(b)an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) in relation to carriage by road or of a tank-container or old tank wagon in relation to carriage by rail shall be—

(i)the person who, having a place of business in Great Britain, owns the old tank, tank-container or old tank wagon concerned;

(ii)if no person falls within paragraph (i), the person who, having a place of business in Great Britain, acts as agent for the owner of the old tank, tank-container or old tank wagon concerned;

(iii)if no person falls within paragraphs (i) or (ii) in relation to carriage by rail, then the operator of the train on which the tank-container is carried or of which the old tank wagon forms part;

(iv)if no person falls within paragraphs (i) or (ii) in relation to carriage in an old tank by road, the person who, having a place of business in Great Britain, has the management of that old tank; or

(v)if no person falls within paragraphs (i), (ii) or (iv) in relation to carriage in an old tank by road, the driver of the vehicle on which the old tank is carried.

(3) Notwithstanding sub-paragraph (2)(a), a person shall not be regarded as the operator of a vehicle solely because—

(a)he has the management of it during loading or unloading; or

(b)the vehicle is on premises which are under his control.

(4) For the purposes of this Schedule a person to whom an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle), tank-container or old tank wagon is leased or hired shall be deemed to own it unless—

(a)the lessor or the hirer has made a written agreement with the person to whom he has leased or hired it; and

(b)that agreement is to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under this Schedule.

(5) For the purposes of this Schedule a vehicle, or old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) shall be deemed to be engaged in the carriage of dangerous goods throughout the period—

(a)in the case of an old tank-vehicle—

(i)from the commencement of loading it with the dangerous goods concerned for the purpose of carrying those goods by road;

(ii)until the said vehicle and, where relevant, any compartment of it, has been unloaded and, where necessary, cleaned or purged so that any of the goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person; or

(b)in the case of an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle)—

(i)where the old tank concerned has been loaded with the dangerous goods before being placed on the vehicle which is to be used to carry that old tank before the commencement of loading, from the commencement of loading the said old tank with the dangerous goods for the purpose of carrying those goods by road;

(ii)until either the old tank is removed from the relevant vehicle or the old tank and any compartment of it has been unloaded and, where necessary, cleaned or purged so that any of the dangerous goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person,

and in either case whether or not the old tank-vehicle or old tank concerned is on the road at the material time.

Construction of tanks of old tank-vehicles, tank-containers and old tank wagons for carriage by road or rail

2.—(1) An operator of an old tank-vehicle, old tank wagon or tank-container shall ensure that it is not used for the carriage of dangerous goods by road or rail unless the fixed old tank or demountable old tank of the old tank-vehicle, old tank wagon or of the tank-container—

(a)is properly designed, of adequate strength and well constructed from sound and suitable material;

(b)is suitable for the purpose for which it is being used having regard to—

(i)the nature and circumstances of the journey being undertaken; and

(ii)the properties and quantity of the dangerous goods and of any other goods being carried with the dangerous goods;

(c)is designed, constructed and maintained to prevent any of its contents escaping, except that this shall not prevent the fitting of a suitable safety device;

(d)is made of materials which are not liable—

(i)to be adversely affected by the dangerous goods; and

(ii)in conjunction with the dangerous goods, to significantly increase the risk to the health or safety of any person,

where such materials are likely to come into contact with the dangerous goods.

(2) An operator of an old tank-vehicle, old tank wagon or tank-container shall ensure that it is not used for the carriage of dangerous goods by road or rail unless, in the case of an old tank of an old tank-vehicle or tank-container used for the carriage of dangerous goods on or after 1st June 1992, he has such information in writing concerning—

(a)the design, construction, examination, and maintenance of; and

(b)repairs or modifications made to,

that old tank, as may reasonably foreseeably be needed to enable him to comply with this Schedule.

Testing, examination and maintenance for carriage by road or rail

3.—(1) A train operator or the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that dangerous goods are not carried in it by road or by rail, unless—

(a)for the purpose of ensuring that it is properly maintained, the operator has prepared and carried into effect a suitable written scheme for the initial and periodic examination and the initial and, where appropriate, periodic testing—

(i)on or before 1st July 2006, by a competent person;

(ii)by an inspection body approved under paragraph 8; or

(iii)under the control of an inspection body,

of the old tank of a tank-container or the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon;

(b)prior to being used for the first time for the carriage of dangerous goods, the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon or the old tank of the tank-container in question has been certified by a competent person or an inspection body approved under sub-paragraph (1)(a) as suitable for its intended purposes and those purposes are set out in the certificate; and

(c)subject to sub-paragraph (8), the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that he has in his possession a current report signed by the competent person or the inspection body approved under paragraph (a) that carried out the most recent examination and test in accordance with the scheme referred to in sub-paragraph (1)(a), which states—

(i)the date and the result of the said examination and test;

(ii)the date prior to which any further examination and, where appropriate, test, must be carried out, the interval to which shall be—

(aa)as specified in the scheme referred to in sub-paragraph (1)(a); or

(bb)such other period as the competent person or the inspection body approved under sub-paragraph (1)(a) may specify;

(iii)that the relevant old tank of the tank-container, fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon remains suitable for the purposes set out in—

(aa)the certificate issued pursuant to sub-paragraph (1)(b); or

(bb)a further certificate issued under paragraph 4(5),

or if it is no longer suitable for any of these purposes, then stating the purposes for which it is suitable; and

(iv)in the case of a pressure vessel for carriage by road, the maximum working pressure to which the vessel may be subjected.

(2) Subject to sub-paragraph (8), the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that he has in his possession a current report signed by the competent person of the inspection body approved under sub-paragraph (1)(a) that carried out the most recent examination and test in accordance with the scheme referred to in sub-paragraph (1)(a), which states—

(a)the date and the result of the said examination and test;

(b)the date prior to which any further examination and, where appropriate, test, must be carried out, the interval to which shall be—

(i)as specified in the scheme referred to in sub-paragraph (1)(a); or

(ii)such other period as the competent person or the inspection body approved under sub-paragraph (1)(a) may specify;

(c)that the relevant old tank of the tank-container, fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon remains suitable for the purposes set out in—

(i)the certificate issued pursuant to sub-paragraph (1)(b); or

(ii)a further certificate issued under paragraph 4(5),

or if it is no longer suitable for any of these purposes, then stating the purposes for which it is suitable; and

(d)in the case of a pressure vessel for carriage by road, the maximum working pressure to which the vessel may be subjected.

(3) A train operator shall ensure that the operator of an old tank-vehicle, tank-container or old tank wagon has in his possession the report referred to in sub-paragraph (2).

(4) Subject to sub-paragraph (8) and paragraph 5(1), dangerous goods shall not be carried by road in the fixed old tank or demountable old tank of an old tank-vehicle or in the old tank of a tank-container or by rail in a fixed or demountable old tank of an old tank wagon or in the old tank of a tank-container if—

(a)the fixed old tank, demountable old tank, or old tank or old tank wagon concerned have been damaged, modified or repaired in such a way as might affect their safety since—

(i)the report referred to in sub-paragraph (1)(c) was issued; or

(ii)where the old tank, fixed old tank or demountable old tank or old tank wagon is specified in sub-paragraph (7)(b), the old tank was last inspected and tested in accordance with—

(aa)ADR;

(bb)RID; or

(cc)the IMDG Code; or

(b)in the case of a pressure vessel for carriage by road, the pressure in the vessel exceeds the maximum working pressure specified in the report referred to in sub-paragraph (1)(c).

(5) It shall be sufficient compliance with sub-paragraph (1)(c) if—

(a)the competent person of the inspection body approved under sub-paragraph (1)(a) first enters his report in a computer under the operator’s control and then authenticates it; or

(b)the report is transferred to such a computer by, or on the instructions of, the competent person or the inspection body approved under sub-paragraph (1)(a) as soon as practicable after he first enters it in a computer and authenticates it.

(6) The procedure in sub-paragraph (5) may only be used if the report—

(a)can be reproduced as a hard copy at the place where documents are required to be kept pursuant to paragraph 7;

(b)is secure from unauthorised interference; and

(c)can be authenticated only by the competent person or the inspection body approved under sub-paragraph (1)(a).

(7) Where the fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon has fallen into a state of disrepair, been damaged, modified or repaired in such a way as might affect their safety since—

(a)the report referred to in sub-paragraph (1)(c) was issued; or

(b)in the case of a fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon specified in sub-paragraph (9), the old tank was last examined and tested in accordance with—

(i)ADR;

(ii)RID; or

(iii)the IMDG Code,

then the provisions of sub-paragraph (1), or as the case may be, ADR, RID or the IMDG Code, shall apply in respect of any such old tank as if the old tank had not previously been used for the carriage of dangerous goods.

(8) Notwithstanding sub-paragraphs (1)(c) and (4), the operator may transport uncleaned old tanks by rail or by road, in respect of which the relevant certificate has expired for the sole purpose of undergoing the inspection and tests with a view to renewing that certificate.

(9) Sub-paragraph (1), paragraphs 4(2) and 4(5) shall not apply to—

(a)the fixed old tank or demountable old tank of an old tank-vehicle;

(b)the old tank of a—

(i)tank-container; or

(ii)old tank wagon,

used for the carriage of dangerous goods where such an old tank has been inspected, tested, certified and marked in accordance with the requirements of ADR, RID or the IMDG Code.

Testing, examination and maintenance for carriage by road

4.—(1) Where, before 1st June 1992, there was in existence in respect of the fixed old tank or demountable old tank of an old tank-vehicle or a tank-container a suitable written scheme drawn up in accordance with regulation 7(2)(a) of the Dangerous Substances (Conveyance by Road in Road Tankers and Tank-containers) Regulations 1981(3), that scheme shall be deemed to be a suitable written scheme in respect of that old tank or tank-container in accordance with paragraph 3(1)(a).

(2) Subject to sub-paragraphs (3) and (6), every fixed old tank or demountable old tank of an old tank-vehicle and every tank-container to be used for carriage by road, shall have securely fastened to it, or to any support which is welded to that fixed old tank, demountable old tank or tank-container, in a readily accessible position, a corrosion-resistant plate on which the following information is indelibly marked—

(a)the name or identifying mark of the manufacturer of the fixed old tank, demountable old tank or tank-container;

(b)the serial number of the fixed old tank, demountable old tank or tank-container by which it can be identified;

(c)the date of the most recent examination and test carried out in accordance with paragraph 3(1)(a); and

(d)in the case of a pressure vessel, the maximum working pressure to which the vessel may be subjected.

(3) Where compliance with sub-paragraph (2)(c) is impossible because there is no more room on a corrosion-resistant plate, the date concerned shall be indelibly marked on an additional corrosion-resistant plate which shall be—

(a)securely fastened to the relevant fixed old tank, demountable old tank or tank-container, or to any support welded to it; and

(b)in a readily accessible position;

and that additional plate shall also be marked in accordance with sub-paragraphs (2)(a) and (b) and, where appropriate, (2)(d).

(4) Where a corrosion-resistant plate referred to in sub-paragraph (2) or (3) is covered by an insulating layer and that layer surrounds the fixed old tank, demountable old tank or tank-container to which the plate is fastened—

(a)a duplicate corrosion-resistant plate shall be securely fastened to the exterior of the insulating layer; and

(b)that duplicate plate shall be indelibly marked with the same information as is marked on the covered plate.

(5) Where the competent person or an inspection body approved under paragraph 3(1)(a) is satisfied that the fixed tank or demountable tank of an old tank-vehicle or a tank-container is suitable for purposes other than those specified in the certificate referred to in paragraph 3(1)(b) he may endorse the certificate to that effect or issue a further certificate specifying those purposes.

(6) Sub-paragraph (2) shall not apply to any tube trailer or tube-container where the information specified therein is indelibly marked on each old pressure receptacle.

Testing, examination and maintenance for carriage by rail

5.—(1) A train operator may carry dangerous goods by rail in a tank-container or old tank wagon where the old tank of the tank-container or old tank wagon concerned is in a state of disrepair, for the sole purpose of transporting such an old tank to a place for repair, providing that it is safe to do so.

(2) An operator of a tank-container or old tank wagon shall not cause or permit dangerous goods to be carried in a tank-container or an old tank wagon by rail unless he certifies to the operator of the train—

(a)on which the tank-container is to be carried; or

(b)of which the old tank wagon is to form a part,

that he has complied with paragraph 3 in respect of the old tank of the tank-container or old tank wagon concerned.

Use of old tank-vehicles, old tank wagons or tank-containers for carriage by road or rail

6.—(1) The operator of an old tank-vehicle, old tank wagon or tank-container engaged in the carriage of dangerous goods by road or by rail shall take such steps as it is reasonable for them to take to ensure that nothing in the manner in which the old tank of the tank-vehicle, old tank wagon or tank-container in question is used is liable to create a significant risk or significantly increase any existing risk to the health or safety of any person.

(2) Without prejudice to sub-paragraph (1), the operator of an old tank-vehicle, old tank wagon or tank-container engaged in the carriage of dangerous goods by road or by rail shall ensure that the old tank in question is not filled with dangerous goods beyond a safe level.

Keeping of documents

7.—(1) The documents referred to in paragraphs 2 to 5 shall be capable of being reproduced as a hard copy by the operator of any—

(a)tank-container or old tank wagon at the address within Great Britain from which the deployment of that tank-container or old tank wagon is controlled;

(b)old tank-vehicle at the premises from which the old tank-vehicle operates or at the operator’s principal place of business in Great Britain.

(2) Where the operator of a tank-container or old tank wagon does not own it, he shall comply with sub-paragraph (1)(a) if—

(a)certified photocopies of the documents concerned are kept at the operator’s place of business; or

(b)the documents concerned are readily available from the owner of the tank-container or old tank wagon.

(3) Where the operator of an old tank-vehicle, tank-container or old tank wagon changes, the previous operator shall, insofar as he is required to keep any document at an address in Great Britain in accordance with sub-paragraph (1), give any such document to the new operator.

(4) Where either of the procedures referred to in paragraph 3(5) has been used, the operator shall comply with sub-paragraph (1) in respect of the report referred to in paragraph 3(1)(c) if—

(a)the report is accessible from a computer kept by the operator at the place specified in sub-paragraph (1); and

(b)notwithstanding sub-paragraph (3), if the operator has changed and the report is accessible from the previous operator’s computer in accordance with paragraph (a), then the previous operator shall provide the new operator with the information contained in that report.

Appointment of inspection bodies by the competent authority

8.—(1) The Secretary of State may appoint such persons as he thinks fit to be inspection bodies for the purpose of this Schedule.

(2) An application for—

(a)appointment as an inspection body; or

(b)for the amendment of an existing appointment,

shall be made to the Secretary of State.

(3) An appointment made under this regulation—

(a)by the Secretary of State may relate to—

(i)all descriptions of old tank-vehicles, old tank wagons and old tank-containers for which he is the competent authority; or

(ii)such descriptions of such old tank-vehicles, old tank wagons and old tank-containers as he may determine;

(b)may be made subject to such conditions as the Secretary of State may determine, and such conditions may include conditions which apply upon or following termination of the appointment;

(c)shall, without prejudice to the generality of paragraph (b) and subject to sub-paragraph (7), require the inspection body to carry out the procedures and specific tasks for which it has been appointed;

(d)shall be terminated upon 90 days' notice in writing to the Secretary of State at the request of the inspection body; and

(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not being complied with.

(4) Subject to sub-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) An inspection body appointed by the Secretary of State shall be subject to such inspection by or on behalf of the Secretary of State as is necessary to ensure compliance with any condition specified in the appointment.

(6) The inspection referred to in sub-paragraph (5) may include the examination of premises, equipment and documents and the inspection body shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(7) In respect of an application made to an inspection body in accordance with this Schedule, the inspection body, shall not be required to carry out the procedures and tasks referred to in sub-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 56(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 this Schedule 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 an inspection body is terminated under this paragraph, the Secretary of State may—

(a)give such directions—

(i)to the body whose appointment has been terminated; or

(ii)to another inspection body,

for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate and those directions shall be complied with by the body to whom they are made; and

(b)without prejudice to the generality of paragraph (a), authorise another inspection body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.

Exceptions

9.  Schedule 1 shall not apply to or in relation to—

(a)the carriage of dangerous goods in a vehicle which is being used other than for or in connection with work; or

(b)old tanks used for the carriage of gas oil, diesel or heating oil with a flash point of more than 61°C and not more than 100°C (UN 1202) which remain safe and suitable for that purpose.

Regulation 5(5)

SCHEDULE 2OLD PRESSURE RECEPTACLES

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.

Duties on those designing, manufacturing, importing, supplying, modifying or repairing old pressure receptacles

2.—(1) Any person who designs, manufactures, imports or supplies any old pressure receptacle or any component part of an old pressure receptacle shall ensure that he complies with sub-paragraph (2).

(2) The old pressure receptacle or component part shall be—

(a)properly designed and constructed from suitable material, so as to prevent danger;

(b)designed and constructed so that all necessary examinations for preventing danger can be carried out; and

(c)provided with such protective devices as may be necessary for preventing danger and any such device which is designed to release contents shall do so safely insofar as is practicable.

(3) The employer of a person who modifies or repairs an old pressure receptacle at work shall ensure that nothing about the way in which it is modified or repaired—

(a)gives rise to any danger; or

(b)otherwise impairs the operation of any protective device or inspection facility.

Conformity to approved design standard or specification

3.—(1) No person shall—

(a)supply or import; or

(b)insofar as is reasonably practicable, fill,

an old pressure receptacle unless the old pressure receptacle has been verified, either by a certificate in writing or by means of stamping on the old pressure receptacle in accordance with sub-paragraph (2), as conforming to a design standard or design specification approved by the Executive.

(2) An old pressure receptacle shall be verified—

(a)by a person approved by the Executive under this sub-paragraph; or

(b)in accordance with a quality assurance scheme approved by the Executive.

(3) An application for an approval under sub-paragraph (2)(a) shall be made in accordance with paragraph 9.

(4) Where a person is approved under sub-paragraph (2)(a), the Executive shall carry out, upon reasonable notice, a surveillance inspection of the person approved at such intervals as the Executive considers appropriate and for that purpose the person approved shall, at his own cost—

(a)afford any copies, facilities and assistance; and

(b)make available any information,

which may be reasonably required by the Executive.

(5) No person approved by the Executive shall be charged by the Executive for more than one surveillance inspection in any 12 month period.

(6) In this paragraph, a “surveillance inspection” means—

(a)an inspection of such premises, equipment and documents; and

(b)the making of such enquiries,

as the Executive considers appropriate, for the purpose of verifying compliance by a person approved with any condition specified in the certificate of approval by the Executive.

Examination of old pressure receptacles by competent or approved persons

4.—(1) The owner of an old pressure receptacle shall ensure, for the purpose of determining whether it is safe, that the old pressure receptacle is either—

(a)on or before 1st July 2006, examined by a competent person; or

(b)examined by or under the control of an inspection body approved by the Executive in accordance with paragraph 9,

at the intervals specified in Tables 1 to 3 of Packaging Instruction P200 and Packing Instruction P203 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(2) Where a competent person or an inspection body approved under this paragraph undertakes a proper examination for the purposes of sub-paragraph (1) then that person or body shall, if satisfied that the old pressure receptacle is safe on completing that examination, ensure that marks are affixed to it showing the date of the examination and the identity of the person or body that carried out the examination.

(3) No person other than—

(a)a competent person;

(b)a person authorised by a competent person;

(c)an inspection body approved under paragraph 9; or

(d)a body under the control of an inspection body,

shall affix to an old pressure receptacle the mark referred to in sub-paragraph (2).

(4) The mark referred to in sub-paragraph (2) showing the date of the examination shall indicate the date by using two digits representing the year followed by two digits representing the month, separated by a forward slash (“/”).

Filling of old pressure receptacles

5.—(1) The employer of a person who is to fill an old pressure receptacle at work, shall ensure that the old pressure receptacle is not filled unless the marks on the old pressure receptacle indicate that it—

(a)has been examined in accordance with paragraph 4(1) by a competent person or by an inspection body approved under paragraph 4(1)(b); and

(b)is suitable for containing the goods,

and all other appropriate safety checks have been made.

(2) The employer of a person who fills an old pressure receptacle at work shall ensure that—

(a)that person checks that—

(i)after filling, it is within its safe operating limits; and

(ii)any valves do not leak;

(b)in the event of overfilling, any excess dangerous goods are removed in a safe manner; and

(c)any old pressure receptacle that leaks after filling is not offered for carriage.

(3) An employer shall ensure that no person employed by him refills at work a non-refillable old pressure receptacle with dangerous goods.

Approved design specification

6.—(1) The manufacturer, or if he does not have a place of business in Great Britain, his agent in Great Britain, or if he has no agent, the importer of an old pressure receptacle which—

(a)is made to an approved design specification, shall keep a copy of—

(i)the design specification to which the old pressure receptacle was manufactured; and

(ii)any certificate of conformity issued under paragraph 3(1);

(b)is made to an approved design standard, shall keep a copy of any certificate of conformity issued under paragraph 3(1);

(c)is—

(i)refillable;

(ii)used solely for containing liquefied petroleum gas; and

(iii)has a water capacity up to and including 6.5 litres,

shall keep a copy of the design specification to which the old pressure receptacle was manufactured.

(2) The owner of an old pressure receptacle used or intended to be used for acetylene shall keep records of the—

(a)tare weight of the old pressure receptacle, including the porous substance and, where relevant, acetone or other solvent;

(b)nature of the solvent; and

(c)maximum pressure allowed in the old pressure receptacle.

Modification, repair and re-rating of old pressure receptacles

7.—(1) Subject to sub-paragraph (2)—

(a)every employer shall ensure that no person employed by him modifies at work the body of an old pressure receptacle, which is used or intended to be used for carriage by road or by rail, and which—

(i)is of seamless construction; or

(ii)has contained acetylene;

(b)every employer shall ensure that no person employed by him modifies at work the body of any type of old pressure receptacle not referred to in paragraph (a), if that modification would put it outside the scope of the design standard or design specification to which it was originally constructed; and

(c)no person shall supply any modified old pressure receptacle for use unless following such modification a person approved under paragraph 3(2)(a) has marked or certified it as being fit for use.

(2) Sub-paragraph (1) shall not apply in relation to any modification constituting the remaking of a thread if such modification is carried out in accordance with a standard approved by the Executive.

(3) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of an old pressure receptacle—

(a)of seamless construction; or

(b)which has contained acetylene.

(4) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of any old pressure receptacle not referred to in sub-paragraph (3) unless he is competent to do so.

(5) No person shall supply an old pressure receptacle which has undergone a major repair unless following such work a person approved under paragraph 3(2)(a) has marked or certified it as being fit for use.

(6) Every employer shall ensure that no person employed by him re-rates an old pressure receptacle at work unless he is competent to do so and does so in accordance with suitable written procedures drawn up by the owner of the old pressure receptacle.

(7) No person shall supply an old pressure receptacle which has been re-rated unless, following the re-rating, a person approved under paragraph 3(2)(a) has certified it as being safe for use.

Additional requirements for old pressure receptacles containing certain dangerous goods not classified as class 2

8.—(1) Subject to sub-paragraph (2), where an old pressure receptacle is used for the carriage of a substance listed in Table 3 of Packaging Instruction P200 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail, the requirements of that Table shall apply in addition to the requirements of this Schedule.

(2) For the purposes of this paragraph, special packing provision 9(k) of Table 3 of Packaging Instruction P200 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail shall not apply to the extent that it limits the capacity of cylinders to a capacity of not more than 85 litres.

Approvals by the competent authority

9.—(1) The Executive may approve such persons as it thinks fit to be inspection bodies for the purpose of this Schedule.

(2) An application for—

(a)approval as an approved person under paragraph 3(2)(a);

(b)approval as an inspection body under paragraph 4(1)(b); or

(c)for the amendment of an existing appointment,

shall be made to the Executive.

(3) An approval made under this regulation—

(a)by the Executive may relate to—

(i)all descriptions of old pressure receptacles of which it is the competent authority; or

(ii)such descriptions of such old pressure receptacles as it may determine;

(b)may be made subject to such conditions as the Executive may determine, and such conditions may include conditions which apply upon or following termination of the approval;

(c)shall, without prejudice to the generality of paragraph (b) and subject to sub-paragraph (7), require the inspection body to carry out the procedures and specific tasks for which it has been approved;

(d)shall be terminated upon 90 days' notice in writing to the Executive at the request of the inspection body; and

(e)may be terminated if it appears to the Executive that any of the conditions of the approval are not being complied with.

(4) Subject to sub-paragraph (3)(d) and (e), an approval under this regulation may be for the time being or for such period as may be specified in the approval.

(5) An inspection body appointed by the Executive or a person approved 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 approval.

(6) The inspection referred to in sub-paragraph (5) may include the examination of premises, equipment and documents and the inspection 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 an inspection body in accordance with this Schedule, the inspection body shall not be required to carry out the procedures and tasks referred to in sub-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 56(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 this Schedule 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 approval of an inspection body is terminated under this paragraph, the Executive may—

(a)give such directions—

(i)to the body whose approval has been terminated; or

(ii)to another inspection 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 made; and

(b)without prejudice to the generality of paragraph (a), authorise another inspection body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.

Exceptions

10.—(1) This Schedule shall not apply to an old pressure receptacle which–

(a)forms part of equipment of any–

(i)ship to which the Merchant Shipping Act 1995(4) applies or would apply if the ship were registered in Great Britain;

(ii)ship or other vessel in the service of the Crown; or

(iii)spacecraft, aircraft, hovercraft or hydrofoil;

(b)forms part of, or is intended to form part of, a weapons system;

(c)is the subject of a research experiment;

(d)comprises temporary apparatus being used in a research experiment, where it is not reasonably practicable to comply with paragraph 3;

(e)is refillable and has an internal volume of less than 0.5 litres or more than 5000 litres; or

(f)contains dangerous goods at a pressure of less than 0.5 bar above atmospheric pressure.

(2) The requirements of this Schedule, other than paragraph 5(3), shall not apply to any non-refillable transportable pressure receptacle which has an internal volume of less than 1.4 litres or more than 5 litres.

(3) Paragraphs 3, 4 and 5(1)(a) shall not apply to an old pressure receptacle which–

(a)is refillable;

(b)is used solely for containing liquefied petroleum gas; and

(c)has a water capacity of up to 6.5 litres.

Regulations 27-31

SCHEDULE 3COMPETENT AUTHORITY FUNCTIONS

PART 1APPROVALS BY THE GB COMPETENT AUTHORITY

1.  The references referred to in regulation 27(b) are–

(a)sub-sections 2.2.7.7.2.2, 3.1.2.6(b), 4.1.1.15, 4.1.2.2(b), 4.1.3.8.1, 4.1.5.15, 4.1.5.18 and 4.1.7.2.2, packing instructions P099 and P101 of section 4.1.4, paragraphs (9)v(a) and (9)ac of packing instruction P200 and paragraph (1) of packing instruction P201 of section 4.1.4, packing instructions IBC99, LP99 and PR6 and paragraph (3)(g) of packing instruction P601 of section 4.1.4, sub-sections 4.2.1.9.4.1, 4.2.1.15.2 and 4.2.3.6.4, portable tank special provisions TP9, TP10, TP16 and TP24 of sub-section 4.2.5.3, sub-sections 4.3.3.2.5, 6.1.5.1.5, 6.1.5.1.10, 6.2.1.1.2, 6.2.1.4.1, 6.2.1.4.2, 6.2.1.4.3, 6.2.1.4.5, 6.2.1.5.2, 6.2.1.6.1, 6.2.1.7.7, 6.2.3.2.2, the note to the first paragraph of section 6.2.5, sub-sections 6.2.5.6.2.1, 6.3.2.7, 6.4.21.1, 6.4.21.3, 6.5.1.1.2, 6.5.1.1.3, 6.5.1.6.4, 6.5.4.2.2, 6.6.1.3, 6.6.5.1.5, 6.6.5.1.8, 6.7.1.2, 6.7.1.3, 6.7.2.1, 6.7.2.2.1, 6.7.2.2.14, 6.7.2.3.1, 6.7.2.3.3.1, 6.7.2.4.3, 6.7.2.8.3, 6.7.2.19.6(b), 6.7.3.2.11, 6.7.3.7.3, 6.7.3.15.6(b), 6.7.4.2.14, 6.7.4.14.6(b), 6.8.2.1.19 and 6.8.2.1.20(a), note 9 to sub-section 6.8.2.4.1, sub-sections 6.8.2.4.2, 6.8.3.2.16, 6.8.3.2.24, special provision TE1 of section 6.8.4(b), special provision TT7 of section 6.8.4(d), sub-sections 6.9.2.5, 6.9.2.13 and 6.9.4.2.4, of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)sub-section 2.2.1.1.3 and special provisions 178, 239 and 266 of chapter 3.3, special provisions 237, 250, 271, 272, 278, 288, 309, sub-paragraph (a) of special provision 636 and special provision 645 of chapter 3.3, paragraph (9)t(a) of packing instruction P200 of section 4.1.4, note c to portable tank instruction T23 of sub-section 4.2.5.2.6, sub-section 5.2.2.1.9 and special provision 181 of chapter 3.3, additional provision CV1(1) of section 7.5.11 and sub-sections 8.2.1.2, 8.2.2.6.1, 8.2.2.6.5 and 8.2.2.6.7 and additional requirements S:1(4)(a), S:8 and S:9 of chapter 8.5 of ADR in relation to carriage by road; and

(c)section 1.7.3, sub-sections 1.7.4.1 and 2.2.1.1.3 and special requirement 178, 239 and 266 of chapter 3.3, sub-section 5.2.2.19 and special requirement 181 of chapter 3.3, special requirements 237, 250, 271, 272, 278, 288, 309, 645 and sub-paragraph (a) of special requirement 636 of chapter 3.3 and sub-sections 6.4.6.4 and 6.4.9.1 of RID in relation to carriage by rail.

2.  Any approval granted by the GB competent authority by reference to–

(a)section 1.7.4 of RID shall comply with sub-sections 6.4.23.9, 6.4.23.10, 6.4.23.12 and 6.4.23.13 of RID;

(b)sub-section 8.2.2.6.5 of ADR shall comply with requirements in sub-sections 8.2.2.6.2 and 8.2.2.6.6 of ADR.

PART 2MULTILATERAL AND UNILATERAL APPROVALS BY THE GB COMPETENT AUTHORITY

3.  The references referred to in regulation 28(1) are for–

(a)unilateral approvals, sub-sections 5.1.5.1.2(d), 6.4.22.1(b), 6.4.22.2 and 6.4.22.5; and

(b)validation of unilateral approvals, sub-section 6.4.22.6,

of RID.

4.  The references referred to in regulation 28(3) in relation to multilateral approvals are sub-sections 1.7.4.2, 5.1.5.2.2, 5.1.5.2.3, 6.4.21.5, 6.4.22.1(a), 6.4.22.2 and 6.4.22.3 to 6.4.22.5 of RID.

5.—(1) Where the GB competent authority grants approvals under regulation 28(1) and (3) the approval certificate issued shall comply with the requirements of sub-sections 5.1.5.3.1 and 6.4.23.9 to 6.4.23.14 of RID which are applicable to the design, goods or shipment in question.

(2) Notwithstanding sub-paragraph (1), where the GB competent authority makes an approval as part of a multilateral approval the form of that approval may be as set out in sub-section 6.4.23.16 of RID.

PART 3APPOINTMENT OF PERSONS BY THE GB COMPETENT AUTHORITY

6.  The references referred to in regulation 29(1)(b) are–

(a)sub-sections 6.2.1.4.1 to 6.2.1.4.3, 6.2.1.6.1, 6.2.5.6.2.4, 6.7.2.6.2, 6.7.2.6.3, 6.7.2.6.4, 6.7.2.7.1, 6.7.2.10.1, 6.7.2.12.2.4, 6.7.2.18.1, 6.7.2.19.5, 6.7.2.19.9, 6.7.2.19.10, 6.7.3.3.3.1, 6.7.3.8.1.2, 6.7.3.14.1, 6.7.3.15.3, 6.7.3.15.5, 6.7.3.15.9, 6.7.3.15.10, 6.7.4.3.3.1, 6.7.4.5.10, 6.7.4.6.4, 6.7.4.13.1, 6.7.4.14.3, 6.7.4.14.10, 6.7.4.14.11, 6.7.5.11.1, 6.7.5.12.3, 6.8.2.1.16, 6.8.2.2.2, 6.8.2.3.1, 6.8.2.4.5, 6.8.3.4.4, 6.8.3.4.6(b), 6.8.3.4.8, 6.8.3.4.12, 6.8.3.4.16, special provision TT2 of section 6.8.4(d), sub-sections 6.9.4.4.1 and 6.9.5.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)note a to sub-section 7.5.2.2 of ADR in relation to carriage by road; and

(c)note 1/ to sub-section 7.5.2.2 of RID in relation to carriage by rail.

PART 4RECOGNITION OF APPROVALS, TESTS, METHODS, STANDARDS, PROCEDURES ETC. BY THE GB COMPETENT AUTHORITY

7.  The references referred to in regulation 30(1)(b) are—

(a)section 1.7.3, sub-sections 2.2.2.1.5, 4.2.3.7.1, 6.1.1.2, 6.1.1.4, 6.1.4.8.8, 6.1.4.13.7 and 6.1.5.2.5, section 6.2.3, sub-sections 6.2.5.6.3.2, 6.4.9.2, 6.5.1.6.1, 6.5.4.3.4, 6.6.1.2, 6.6.1.3, 6.7.2.2.1, 6.7.3.2.1, 6.7.4.2.1, 6.7.4.2.8.1, 6.7.4.2.8.2, 6.7.4.7.4, 6.7.5.2.9, 6.8.2.1.4, 6.8.2.1.23, 6.8.2.7, 6.8.3.7 and special provision TA2 of sub-section (c) of section 6.8.4, sub-sections 6.9.1.1, 6.9.2.14.4 and 6.9.2.14.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)special provision 239, sub-paragraph (d) of special provision 283, sub-paragraph (a) of special provision 636 of chapter 3.3 and paragraph (9)t(b) and (9)v(b) of packing instruction P200 of section 4.1.4, special provision VV12 of section 7.3.3 and paragraph 8.1.4.4 of ADR in relation to carriage by road; and

(c)special requirement 239, sub-paragraph (d) of special requirement 283 and sub-paragraph (a) of special requirement 636 of chapter 3.3, paragraph (9)v(b) of packing instruction P200 of section 4.1.4 and paragraph 6.4.7.6 and special provision VW13 of section 7.3.3 of RID in relation to carriage by rail.

8.—(1) Where the GB competent authority recognises a quality assurance programme by reference to sub-section—

(a)6.1.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to plastics drums or jerricans where recycled plastics material is used, it shall only do so if that programme complies with the requirements for the quality assurance programme in question referred to in sub-section 6.1.4.8.8 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)6.1.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to plastics boxes where recycled plastics material is used, it shall only do so if that programme complies with any relevant requirements for the quality assurance programme in question referred to in sub-section 6.1.4.13.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

PART 5IMPOSING OF REQUIREMENTS BY THE GB COMPETENT AUTHORITY

9.  The references referred to in regulation 31(1)(b) are—

(a)sub-sections 2.2.62.1.5, 2.2.62.1.7(b) and (c), 2.2.9.1.12, paragraph (2)(b) of packing instruction P405, paragraph (8) of packing instruction P203, packing instructions P902 and LP902, paragraph 1(b) of packing instruction P905 of section 4.1.4, sub-sections 4.1.7.2.2 and 4.2.1.13.3, special provision TP23 of sub-section 4.2.5.3, sub-sections 5.2.1.7.4(c), 5.2.1.7.5(a), 5.5.1.3, 6.1.3.1(g), 6.1.5.1.3, 6.1.5.1.1, 6.2.5.1.2, 6.3.1.1(f), 6.5.2.1.1(f), 6.5.4.1.1, 6.5.4.2.1, 6.5.4.14.1, 6.6.3.1(f), 6.6.5.1.1, 6.6.5.1.3, 6.7.5.4.1 and 6.7.5.4.3, special provision TA2 of paragraph (c) of section 6.8.4 and sub-section 6.8.5.2.2, of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)special provision 16 of chapter 3.3 and sub-section 2.2.1.1.3, special provisions 237, 239 and sub-paragraph (a) of special provision 636 of chapter 3.3 and sub-section 7.5.1.4 of ADR in relation to carriage by road; and

(c)special requirement 16 of chapter 3.3 and sub-section 2.2.1.1.3, special requirements 237, 239 and sub-paragraph (a) of special requirement 636 of chapter 3.3, paragraphs (3)(3.2), (5)(5.1) and (6) of additional provision CW33 of section 7.5.11 and sub-section 6.4.11.6 of RID in relation to carriage by rail.

10.—(1) Where the GB competent authority imposes requirements by reference to—

(a)sub-section 6.1.3.1(g) of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall do so in accordance with sub-section 6.1.3.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)sub-section 6.5.2.1.1(f) of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall do so in accordance with sub-section 6.5.2.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(2) Where the GB competent authority imposes requirements by reference to sub-sections 6.1.5.1.1, 6.5.4.1.1 or 6.6.5.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall also approve the procedures required by it in accordance with the paragraph by reference to which the requirement is imposed.

Regulation 37

SCHEDULE 4CONFORMITY ASSESSMENT PROCEDURES

(This Schedule substantially reproduces the provisions of Part 1 of Annex IV of the Transportable Pressure Equipment Directive)

Module A—internal production control

1.  This module describes the procedure whereby the manufacturer, or his authorised representative established within the Community who carries out the obligations laid down in paragraph 2, ensures and declares that transportable pressure equipment satisfies the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity.

2.  The manufacturer must draw up the technical documentation described in paragraph 3 and either the manufacturer or his authorised representative established within the Community must keep it at the disposal of the competent authority for inspection purposes for a period of 10 years after the last of the transportable pressure equipment has been manufactured. Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsiblity of the person who places the transportable pressure equipment on the market.

3.  The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain—

• a general description of the transportable pressure equipment,

• conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

• descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the transportable pressure equipment,

• a description of the solutions adopted to meet the requirements of Part 4 of these Regulations,

• results of the design calculations, examinations carried out, etc.,

• test reports.

4.  The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity with the technical documentation.

5.  The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure equipment to comply with the technical documentation referred to in paragraph 2 and with the relevant requirements of Part 4 of these Regulations.

Module A1—internal manufacturing checks with monitoring of the final assessment

In addition to the requirements of module A, the following applies.

Final assessment must be performed by the manufacturer and monitored by means of unexpected visits by a notified body chosen by the manufacturer.

During such visits, the notified body must:

• ensure that the manufacturer actually performs final assessment,

• take samples of transportable pressure equipment at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of items of equipment to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the equipment samples.

Should one or more of the items of transportable pressure equipment not conform, the notified body must take appropriate measures.

On the responsiblity of the notified body, the manufacturer must affix that body’s identification number to each item of transportable pressure equipment.

Module B—EC type-examination

1.  This module describes the part of the procedure by which a notified body ascertains and attests that a representative example of the production envisaged meets the relevant requirements of Part 4 of these Regulations.

2.  The application of EC type-examination must be lodged by the manufacturer or by his authorised representative established within the Community with a single notified body of his choice.

The application must include:

• the name and address of the manufacturer and, if the application is lodged by the authorised representative established within the Community, his name and address as well,

• a written declaration that the same application has not been lodged with any other notified body,

• the technical documentation described in paragraph 3.

The applicant must place at the disposal of the notified body a representative example of the production envisaged, hereinafter called “type”. The notified body may request further examples should the test programme so require.

A type may cover several versions of transportable pressure equipment provided that the differences between the versions do not affect the level of safety.

3.  The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

• a general description of the type,

• conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

• descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the transportable pressure equipment,

• a description of the solutions adopted to meet the essential requirements of Part 4 of these Regulations,

• results of the design calculations made, examinations carried out, etc.,

• test reports,

• information concerning the tests provided for in manufacture,

• information concerning the qualifications or approvals.

4.  The notified body must:

4.1.  examine the technical documentation, verify that the type has been manufactured in conformity with it and identify the components designed in accordance with the relevant provisions of Part 4 of these Regulations and in particular:

• examine the technical documentation with respect to the design and the manufacturing procedures,

• assess the materials used where these are not in conformity with the relevant provisions of the Directive and check the certificate issued by the materials manufacturer,

• approve the procedures for the permanent joining of pressure equipment parts or check that they have been previously approved,

• verify that the staff undertaking the permanent joining of pressure equipment parts and the non-destructive tests are qualified or approved;

4.2.  perform or have performed the appropriate examinations and necessary tests to establish whether the solutions adopted by the manufacturer meet the relevant requirements of Part 4 of these Regulations;

4.3.  perform or have performed the appropriate examinations and necessary tests to establish whether the relevant provisions of Part 4 of these Regulations have been applied;

4.4.  agree with the applicant the location where the examinations and necessary tests are to be carried out.

5.  Where the type satisfies the relevant provisions of Part 4 of these Regulations, the notified body must issue an EC type-examination certificate to the applicant. The certificate, which should be valid for 10 years and be renewable, must contain the name and address of the manufacturer, the conclusions of the examination and the necessary data for identification of the approved type.

A list of the relevant parts of the technical documentation must be annexed to the certificate and a copy kept by the notified body.

If the notified body refuses to issue an EC type-examination certificate to the manufacturer or to his authorised representative established within the Community, that body must provide detailed reasons for such refusal. Provision must be made for an appeals procedure.

6.  The applicant must inform the notified body that holds the technical documentation concerning the EC type-examination certificate of all modifications to the approved transportable pressure equipment; these are subject to additional approval where they may affect conformity with the relevant requirements of Part 4 of these Regulations or the prescribed conditions for use of the equipment. This additional approval must be given in the form of an addition to the original EC type-examination certificate.

7.  Each notified body must communicate to the member States, the relevant information concerning EC type-examination certificates which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the EC type-examination certificates it has withdrawn or refused.

8.  The other notified bodies may receive copies of the EC type-examination certificates and/or their additions. The annexes to the certificates must be held at the disposal of the other notified bodies.

9.  The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation copies of the EC type-examination certificates and their additions for a period of 10 years after the last of the transportable pressure equipment has been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the market.

Module B1—EC design examination

1.  This module describes the part of the procedure whereby a notified body ascertains and attests that the design of an item of transportable pressure equipment meets the relevant provisions of Part 4 of these Regulations.

2.  The manufacturer, or his authorised representative established within the Community, must lodge an application for EC design examination with a single notified body.

The application must include:

• the name and address of the manufacturer and, if the application is lodged by the authorised representative established within the Community, his name and address as well,

• a written declaration that the same application has not been lodged with any other notified body,

• the technical documentation described in paragraph 3.

The application may cover several versions of the transportable pressure equipment provided that the differences between the versions do not affect the level of safety.

3.  The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

• a general description of the equipment in question,

• conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

• descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

• a description of the solutions adopted to meet the relevant requirements of Part 4 of these Regulations,

• the necessary supporting evidence for the adequacy of the design solution; this supporting evidence must include the results of tests carried out by the appropriate laboratory of the manufacturer or on his behalf,

• results of the design calculations made, examinations carried out, etc.,

• information regarding qualifications or approvals.

4.  The notified body must:

4.1.  examine the technical documentation and identify components which have been designed in accordance with the relevant provisions of Part 4 of these Regulations and in particular must:

• assess the materials used where these are not in conformity with the relevant provisions of Part 4 of these Regulations,

• approve the procedures for the permanent joining of pressure equipment parts or check that they have been previously approved,

• verify that the staff undertaking the permanent joining of pressure equipment parts and the non-destructive tests are qualified or approved;

4.2.  perform the necessary examinations to establish whether the solutions adopted by the manufacturer meet the relevant requirements of Part 4 of these Regulations;

4.3.  perform the necessary examinations to establish whether the relevant provisions of these Regulations have actually been applied.

5.  Where the design meets the relevant provisions of Part 4 of these Regulations, the notified body must issue an EC design-examination certificate to the applicant. The certificate must contain the name and address of the applicant, the conclusions of the examination, conditions for its validity and the necessary data for identification of the approved design.

A list of the relevant parts of the technical documentation must be annexed to the certificate and a copy kept by the notified body.

If the notified body refuses to issue an EC design-examination certificate to the manufacturer or to his authorised representative established within the Community, that body must provide detailed reasons for such refusal. Provision must be made for an appeals procedure.

6.  The applicant must inform the notified body that holds the technical documentation concerning the EC design-examination certificate of all modifications to the approved design; these are subject to additional approval where they may affect conformity with the relevant requirements of Part 4 of these Regulations or the prescribed conditions for use of the equipment. This additional approval must be given in the form of an addition to the original EC design-examination certificate.

7.  Each notified body must communicate to the member States the relevant information concerning the EC design-examination certificates which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the EC design-examination certificates it has withdrawn or refused.

8.  The other notified bodies may on request obtain the relevant information concerning:

• the EC design-examination certificates and additions granted,

• the EC design-examination certificates and additions withdrawn.

9.  The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation referred to in paragraph 3 copies of EC design-examination certificates and their additions for a period of 10 years after the last of the transportable pressure equipment has been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the market.

Module C1—conformity to type

1.  This module describes that part of the procedure whereby the manufacturer, or his authorised representative established within the Community, ensures and declares that transportable pressure equipment is in conformity with the type described in the EC type-examination certificate and satisfies the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity.

2.  The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure equipment to comply with the type as described in the EC type-examination certificate and with the relevant requirements of Part 4 of these Regulations.

3.  The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity for a period of 10 years after the last of the transportable pressure equipment has been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the transportable pressure equipment on the market.

4.  Final assessment must be subject to monitoring in the form of unexpected visits by a notified body chosen by the manufacturer.

5.  During such visits, the notified body must:

• ensure that the manufacturer actually performs final assessment,

• take samples of transportable pressure equipment at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of items of equipment to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the equipment samples.

Should one or more of the items of transportable pressure equipment not conform, the notified body must take appropriate measures.

On the responsibility of the notified body, the manufacturer must affix that body’s identification number to each item of transportable pressure equipment.

Module D—production quality assurance

1.  This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure equipment concerned is in conformity with the type described in the EC type-examination certificate or EC design-examination certificate and satisfies the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 4.

2.  The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

3.  Quality system

3.1.  The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice and the application must include:

• all relevant information on the transportable pressure equipment concerned,

• the documentation concerning the quality system,

• the technical documentation of the approved type and a copy of the EC type-examination certificate or EC design-examination certificate.

3.  2 The quality system must ensure compliance of the transportable pressure equipment with the type described in the EC type-examination certificate or EC design-examination certificate and with the relevant requirements of Part 4 of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

• the quality objectives and organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

• the manufacturing, quality control and quality assurance techniques, processes and systematic measures that will be used, particularly the procedures used,

• the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned,

• the means of monitoring the achievement of the required quality and the effective operation of the quality system.

3.3.  The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

3.4.  The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.  Surveillance under the responsibility of the notified body

4.1.  The purpose of the surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.  The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

• the quality system documentation,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

4.3.  The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that full reassessment is carried out every three years.

4.4.  In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

• the category of the equipment,

• the results of previous surveillance visits,

• the need to follow up corrective action,

• where applicable, special conditions linked to the approval of the system,

• significant changes in manufacturing organisations, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

5.  The manufacturer must, for a period of 10 years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the competent authority:

• the documentation referred to in the second indent of paragraph 3.1,

• the adjustments referred to in the second paragraph of 3.4,

• the decisions and reports from the notified body which are referred to in the last paragraph of 3.3, in the last paragraph of 3.4, and in paragraphs 4.3 and 4.4.

6.  Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module D1—production quality assurance

1.  This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the items of transportable pressure equipment concerned satisfy the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 5.

2.  The manufacturer must draw up the technical documentation described below. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

• a general description of the equipment in question,

• conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

• descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

• a description of the solutions adopted to meet the relevant requirements of Part 4 of these Regulations,

• results of the design calculations made, examinations carried out, etc.,

• test reports.

3.  The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

4.  Quality system

4.1.  The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

• all relevant information on the transportable pressure equipment concerned,

• the documentation concerning the quality system.

4.2.  The quality system must ensure compliance of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

• the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

• the manufacturing, quality control and quality assurance techniques, processes and systematic measures that will be used,

• the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned,

• the means of monitoring the achievement of the required quality and the effective operation of the quality system.

4.3.  The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

4.4.  The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 4.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

5.  Surveillance under the responsibility of the notified body

5.1.  The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

5.2.  The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

• the quality system documentation,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

5.3.  The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

5.4.  In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

• the category of the equipment,

• the results of previous surveillance visits,

• the need to follow up corrective action,

• where applicable, special conditions linked to the approval of the system,

• significant changes in manufacturing organisation, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

6.  The manufacturer must, for a period of 10 years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the competent authority:

• the documentation referred to in paragraph 2,

• the documentation referred to in the second indent of paragraph 4.1,

• the adjustments referred to in the second sub-paragraph of paragraph 4.4,

• the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 4.3, in the last sub-paragraph of paragraph 4.4 and in paragraphs 5.3 and 5.4.

7.  Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module E—product quality assurance

1.  This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the item of transportable pressure equipment is in conformity with the type as described in the EC type-examination certificate and satisfies the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each product and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 4.

2.  The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

3.  Quality system

3.1.  The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

• all relevant information on the transportable pressure equipment concerned,

• the documentation concerning the quality system,

• the technical documentation for the approved type and a copy of the EC type-examination certificate.

3.2.  Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of Part 4 of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

• the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

• the examinations and tests to be carried out after manufacture,

• the means of monitoring the effective operation of the quality system,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned.

3.3.  The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

3.4.  The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representive established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.  Surveillance under the responsibility of the notified body

4.1.  The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.  The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

• the quality system documentation,

• the technical documentation,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

4.3.  The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

4.4.  In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

• the category of the equipment,

• the results of previous surveillance visits,

• the need to follow up corrective action,

• where applicable, special conditions linked to the approval of the system,

• significant changes in manufacturing organisation, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

5.  The manufacturer must, for a period of 10 years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the competent authority:

• the documentation referred to in the second indent of the second sub-paragraph of paragraph 3.1,

• the adjustments referred to in the second sub-paragraph of paragraph 3.4,

• the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 3.3, in the last sub-paragraph of paragraph 3.4, and in paragraphs 4.3 and 4.4.

6.  Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module E1—production quality assurance

1.  This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the transportable pressure equipment satisfies the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each item of transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 5.

2.  The manufacturer must draw up the technical documentation described below.

The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

• a general description of the equipment in question,

• conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

• descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

• a description of the solutions adopted to meet the requirements of Part 4 of these Regulations,

• results of the design calculations made, examinations carried out, etc.,

• test reports.

3.  The manufacturer must operate an approved quality system for the final transportable pressure equipment inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

4.  Quality system

4.1.  The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

• all relevant information on the transportable pressure equipment concerned,

• the documentation concerning the quality system.

4.2.  Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of Part 4 of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

• the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

• the procedures used for the joining of parts,

• the examinations and tests to be carried out after manufacture,

• the means of monitoring the effective operation of the quality system,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the staff concerned.

4.3.  The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

4.4.  The manufacturer must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body which has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 4.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

5.  Surveillance under the responsibility of the notified body

5.1.  The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

5.2.  The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

• the quality system documentation,

• the technical documentation,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

5.3.  The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

5.4.  In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

• the category of the equipment,

• the results of previous surveillance visits,

• the need to follow up corrective action,

• where applicable, special conditions linked to the approval of the system,

• significant changes in manufacturing organisation, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

6.  The manufacturer must, for a period of 10 years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the competent authority:

• the documentation referred to in paragraph 2,

• the documentation referred to in the second indent of paragraph 4.1,

• the adjustments referred to in the second sub-paragraph of paragraph 4.4,

• the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 4.3, in the last sub-paragraph of paragraph 4.4, and in paragraphs 5.3 and 5.4.

7.  Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module F—product verification

1.  This module describes the procedure whereby a manufacturer, or his authorised representative established within the Community, ensures and declares that the transportable pressure equipment subject to the provisions of paragraph 3 is in conformity with the type described:

• in the EC type-examination certificate, or

• in the EC design-examination certificate,

and satisfies the relevant requirements of Part 4 of these Regulations.

2.  The manufacturer must take all measures necessary to ensure that the manufacturing process requires the transportable pressure equipment to comply with the type described:

• in the EC type-examination certificate, or

• in the EC design-examination certificate,

and with the relevant requirements of Part 4 of these Regulations.

The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a declaration of conformity.

3.  The notified body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations by examining and testing every product in accordance with paragraph 4.

The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity for a period of 10 years after the last of the transportable pressure equipment has been manufactured.

4.  Verification by examination and testing of each item of transportable pressure equipment

4.1.  Each item of transportable pressure equipment must be individually examined and must undergo appropriate examinations and tests in order to verify that it conforms to the type and the relevant requirements of Part 4 of these Regulations.

In particular, the notified body must:

• verify that the personnel undertaking the permanent joining of parts and the non-destructive tests are qualified or approved,

• check the certificate issued by the materials manufacturer,

• carry out the final inspection and proof test or have them carried out and, where appropriate, examine the safety devices.

4.2.  The notified body must affix its identification number or have it affixed to each item of transportable pressure equipment and draw up a written certificate of conformity relating to the tests carried out.

4.3.  The manufacturer, or his authorised representative established within the Community, must ensure that the certificates of conformity issued by the notified body can be made available on request.

Module G—EC unit verification

1.  This module describes the procedure whereby the manufacturer ensures and declares that transportable pressure equipment which has been issued with the certificate referred to in paragraph 4.1 satisfies the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to the equipment and draw up a declaration of conformity.

2.  The manufacturer must apply to a notified body of his choice for unit verification. The application must contain:

• the name and address of the manufacturer and the location of the transportable pressure equipment,

• a written declaration to the effect that a similar application has not been lodged with another notified body,

• technical documentation.

3.  The technical documentation must enable the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations to be assessed and the design, manufacture and operation of the transportable pressure equipment to be understood.

The technical documentation must contain:

• a general description of the equipment in question,

• conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits etc.,

• descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

• results of design calculations made, examinations carried out, etc.,

• test reports,

• appropriate details relating to the approval of the manufacturing and test procedures and of the qualifications or approvals of the staff concerned.

4.  The notified body must examine the design and construction of each item of transportable pressure equipment and during manufacture perform appropriate tests to ensure its conformity with the relevant requirements of Part 4 of these Regulations.

4.1.  The notified body must affix its identification number or have it affixed to the transportable pressure equipment and draw up a certificate of conformity for the tests carried out. This certificate must be kept for a period of 10 years.

4.2.  The manufacturer, or his authorised representative established within the Community, must ensure that the declaration of conformity and certificate of conformity issued by the notified body can be made available on request.

In particular, the notified body must:

• examine the technical documentation with respect to the design and the manufacturing procedures,

• assess the materials used where these are not in conformity with the relevant provisions of Part 4 of these Regulations and check the certificate issued by the materials manufacturer,

• approve the procedures for the permanent joining of pressure equipment parts,

• verify the qualifications or approvals required,

• perform the final inspection, perform the proof test or have it performed and examine the safety devices if applicable.

Module H—full quality assurance

1.  This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure equipment in question satisfies the relevant requirements of Part 4 of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each item of transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for the surveillance referred to in paragraph 4.

2.  The manufacturer must implement an approved quality system for design, manufacture, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

3.  Quality system

3.1.  The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

• all relevant information concerning the transportable pressure equipment in question,

• the documentation concerning the quality system.

3.2.  The quality system must ensure compliance of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the procedural and quality measures such as programmes, plans, manuals and records.

It must contain in particular an adequate description of:

• the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the design and to product quality,

• the technical design specifications, including standards, that will be applied,

• the design control and design verification techniques, processes and systematic measures that will be used when designing the transportable pressure equipment,

• the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic measures that will be used,

• the examinations and tests to be carried out before, during and after manufacture, and the frequency with which they will be carried out,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned,

• the means of monitoring the achievement of the required transportable pressure equipment design and quality and the effective operation of the quality system.

3.3.  The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

3.4.  The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.  Surveillance under the responsibility of the notified body

4.1.  The purpose of this surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.  The manufacturer must allow the notified body access for inspection purposes to the locations of design, manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

• the quality system documentation,

• the quality records provided for in the design part of the quality system, such as results of analyses, calculations, tests, etc.,

• the quality records provided for in the manufacturing part of the quality system, such as inspection reports and test data, calibration data, reports concerning the qualifications of the staff concerned, etc.

4.3.  The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

4.4.  In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

• the category of the equipment,

• the results of previous surveillance visits,

• the need to follow up corrective action,

• where applicable, special conditions linked to the approval of the system,

• significant changes in manufacturing organisation, policy or techniques.

During such visits, the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

5.  The manufacturer must, for a period of 10 years after the last of the transportable pressure equipment has been manufactured, keep at the disposal of the competent authority:

• the documentation referred to in the second sub-paragraph of paragraph 3.1,

• the adjustments referred to in the second sub-paragraph of paragraph 3.4,

• the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 3.3, in the last sub-paragraph of paragraph 3.4, and in paragraphs 4.3 and 4.4.

6.  Each notified body must communicate to the other member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module H1—full quality assurance with design examination and special surveillance of the final test

1.  In addition to the requirements of module H, the following apply:

(a)the manufacturer must lodge an application for examination of the design with the notified body;

(b)the application must enable the design, manufacture and operation of the transportable pressure equipment to be understood, and enable conformity with the relevant requirements of Part 4 of these Regulations to be assessed.

It must include:

• the technical design specifications, including standards, which have been applied,

• the necessary supporting evidence for their adequacy. This supporting evidence must include the results of tests carried out by the appropriate laboratory of the manufacturer or on his behalf;

(c)the notified body must examine the application and where the design meets the relevant requirements of Part 4 of these Regulations issue an EC design-examination certificate to the applicant. The certificate must contain the conclusions of the examination, the conditions for its validity, the necessary data for identification of the approved design and, if relevant, a description of the functioning of the transportable pressure equipment;

(d)the applicant must inform the notified body that has issued the EC design-examination certificate of all modifications to the approved design. Modifications to the approved design must receive additional approval from the notified body that issued the EC design-examination certificate where they may affect conformity with the relevant requirements of Part 4 of these Regulations or the prescribed conditions for use of the transportable pressure equipment. This additional approval must be given in the form of an addition to the original EC design-examination certificate;

(e)each notified body must also communicate to the other notified bodies the relevant information concerning the EC design-examination certificates it has withdrawn or refused.

2.  Final assessment is subject to increased surveillance in the form of unexpected visits by the notified body. In the course of such visits, the notified body must conduct examinations on the transportable pressure equipment.

Regulation 38

SCHEDULE 5MODULES TO BE FOLLOWED FOR CONFORMITY ASSESSMENT

(This Schedule substantially reproduces the provisions of Annex V to the Transportable Pressure Equipment Directive)

The following table indicates which modules are to be followed when undertaking conformity assessment procedures.

1.  Transportable pressure equipment must be subject, at the choice of the manufacturer, to one of the conformity assessment procedures laid down for the category in which it is classified. In the case of pressure receptacles or their valves or other accessories used for transport by road or by rail, the manufacturer may also choose to apply one of the set procedures for the higher categories.

2.  As part of the quality assurance procedures, the notified body must, when making unannounced visits, take a sample of the equipment at the manufacturing or storage premises for the purpose of carrying out a check, or having a check carried out, to verify compliance with the requirements of Part 4 of these Regulations. For this purpose the manufacturer must inform the notified body of the production programme planned. The notified body must make at least two visits during the first year of manufacture. The frequency of subsequent visits will be determined by the notified body on the basis of the criteria set out in paragraph 4.4 of the relevant modules in Schedule 4.

Regulations 38 and 40

SCHEDULE 6CONFORMITY REASSESSMENT PROCEDURE

(This Schedule substantially reproduces the provisions of Part II of Annex IV to the Transportable Pressure Equipment Directive)

1.  This procedure describes the method for ensuring that transportable pressure equipment placed on the market for reassessment of conformity complies with the relevant requirements of Part 4 of these Regulations.

2.  The owner must make available to a notified body information regarding transportable pressure equipment placed on the market which enables that body to identify the equipment’s precise origin, design rules and, for acetylene cylinders, also details of the porous mass. The owner must, where appropriate, notify any prescribed restrictions of use, and forward any notes on possible damage or repairs which have been carried out.

The notified body must also check that valves and other accessories having a direct safety function ensure a level of safety in accordance with the requirements of regulation 40(3) and (4).

3.  The notified body must check whether transportable pressure equipment which has been placed on the market conforms to the requirements referred to in regulation 40. The check must be carried out on the basis of documents produced in accordance with paragraph 2 and, where appropriate, of further inspections.

4.  If the results of the above checks are satisfactory, the transportable pressure equipment must be subject to the periodic inspection provided for in Schedule 7.

5.  For equipment manufactured in series, including their valves and other accessories used for transport by road or by rail, the relevant conformity reassessment operations relating to individual inspections of equipment, as indicated in paragraphs 3 and 4, may be carried out by an approved body provided that a notified body has previously carried out the relevant conformity reassessment operations indicated in paragraph 3.

Regulations 38 and 41

SCHEDULE 7PERIODIC INSPECTION PROCEDURES

(This Schedule substantially reproduces the provisions of Part III of Annex IV to the Transportable Pressure Equipment Directive)

Module 1—periodic inspection of products

1.  This module describes the procedure whereby the owner, or his authorised representative established within the Community, ensures that the transportable pressure equipment subject to paragraph 3 continues to meet the relevant requirements of Part 4 of these Regulations.

2.  To meet the requirements referred to in paragraph 1 the owner, or his authorised representative established in the Community, must take all measures necessary to ensure that the conditions of use and of maintenance ensure the continued conformity of the transportable pressure equipment to the relevant requirements of Part 4 of these Regulations, in particular so that:

• the transportable pressure equipment is used as intended,

• it is filled in appropriate filling centres,

• any maintenance work or repairs are carried out,

• the periodic inspections necessary are carried out.

The measures carried out must be recorded in documents and held at the disposal of the competent authority by the owner or his authorised representative established in the Community.

3.  The notified body or approved body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure equipment with the relevant requirements of Part 4 of these Regulations by examining and testing every product.

3.1.  All transportable pressure equipment must be examined individually and appropriate tests as required pursuant to Part 4 of these Regulations, must be carried out in order to check that it meets the relevant requirements of that Part of these Regulations.

3.2.  The notified body or approved body must affix, or have affixed, its identification number to each product being periodically inspected immediately after the date of the periodic inspection and draw up a written periodic inspection certificate. That certificate may cover a number of items of equipment.

3.3.  The owner or his authorised representative established in the Community must keep the periodic inspection certificate required under paragraph 3.2, and the documents required under paragraph 2 at least until the next periodic inspection.

Module 2—periodic inspection through quality assurance

1.  This module describes the following procedures:

• the procedure whereby the owner or his authorised representative established in the Community, who satisfies the obligations of paragraph 2, ensures and declares that the transportable pressure equipment continues to meet the relevant requirements of Part 4 of these Regulations. The owner or his authorised representative established in the Community must affix the date of the periodic inspection to all transportable pressure equipment and draw up a written declaration of conformity. The date of the periodic inspection must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 4.

• the procedure whereby, in the case of the periodic inspection of tanks performed by the approved body in accordance with regulation 43(1)(iii), the approved body which satisfies the obligations of the last sub-paragraph of paragraph 2, certifies that the transportable pressure equipment continues to meet the relevant requirements of Part 4 of these Regulations. The approved body must affix the date of the periodic inspection to all transportable pressure equipment and draw up a periodic inspection certificate.

The date of periodic inspection must be accompanied by the identification number of the approved body.

2.  The owner or his authorised representative established within the Community must take all steps necessary to ensure that the conditions of use and of maintenance are such as to enable the transportable pressure equipment to comply permanently with the relevant requirements of Part 4 of these Regulations and in particular that:

• the transportable pressure equipment is used as intended,

• it is filled in appropriate filling centres,

• any maintenance work or repairs are carried out,

• the periodic inspections necessary are carried out.

The measures carried out must be recorded in documents and held by the owner or his authorised representative established in the Community at the disposal of the competent authority.

The owner or his authorised representative established within the Community must ensure that the qualified staff and necessary facilities are available for the purpose of the periodic inspections.

The owner or his authorised representative established in the Community must operate an approved quality system for the periodic inspection and tests of the equipment as specified in paragraph 3, and be subject to surveillance as specified in paragraph 4.

3.  Quality system

3.1.  The owner or his authorised representative established in the Community or the approved body must lodge an application for assessment of his quality system for the transportable pressure equipment with a notified body of his choice.

The application must include:

• all relevant information on the transportable pressure equipment being submitted for periodic inspection,

• the documentation regarding the quality system.

3.2.  Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements referred to in Part 4 of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

• the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

• the examinations and tests to be carried out for the periodic inspection,

• the means of monitoring the effective operation of the quality system,

• the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the staff concerned.

3.3.  The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the premises of the owner or of his authorised representative established in the Community or the approved body.

The decision must be notified to the owner or his authorised representative established in the Community or the approved body. The notification must contain the conclusions of the examination and the reasoned assessment decision.

3.4.  The owner or his authorised representative established in the Community or the approved body must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

The owner or his authorised representative established in the Community or the approved body must inform the notified body which has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the owner or his authorised representative established in the Community or the approved body. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.  Surveillance under the responsibility of the notified body

4.1.  The purpose of surveillance is to make sure that the owner or his authorised representative established in the Community or the approved body duly fulfils the obligations arising out of the approved quality system.

4.2.  The owner or his authorised representative established in the Community or the approved body must allow the notified body access for inspection purposes to the locations of inspection, testing and storage and provide it with all necessary information, in particular:

• the quality system documentation,

• the technical documentation,

• the quality records, such as inspection reports and test data, reports concerning the qualifications of the personnel concerned etc.

4.3.  The notified body must carry out periodic audits to make sure that the owner or his authorised representative established in the Community or the approved body maintains and applies the quality system and provides the owner or his authorised representative established in the Community or the approved body with an audit report.

4.4.  In addition, the notified body may pay unannounced visits to the owner or his authorised representative established in the Community or the approved body. During such visits, the notified body may if necessary perform tests or have tests performed to verify if necessary that the quality system is functioning correctly. The notified body must provide the owner or his authorised representative established in the Community or the approved body with a visit report and, if a test has taken place, with a test report.

5.  The owner or his authorised representative established in the Community or the approved body must, for a period of 10 years from the date of the last periodic inspection of the transportable pressure equipment, hold at the disposal of the competent authority:

• the documentation referred to in the second indent of the second sub-paragraph of paragraph 3.1,

• the adjustments referred to in the second sub-paragraph of paragraph 3.4,

• the decisions and reports from the notified body which are referred to in the last paragraph of 3.3, in the last paragraph of 3.4 and in paragraphs 4.3 and 4.4.

Regulation 37

SCHEDULE 8CONFORMITY MARKING

The conformity mark shall take the following form—

If the mark is reduced or enlarged, the proportions of the above drawing must be respected.

The various components of the mark must have substantially the same vertical dimensions, which may not be less than 5mm.

This minimum dimension may be waived for small devices.

Regulation 55

SCHEDULE 9PLACARDS, MARKS AND PLATE MARKINGS FOR CARRIAGE WITHIN GREAT BRITAIN

PART 1CARRIAGE OF GOODS BY ROAD

1.  Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 20(3) and sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR, then the HIN shall be replaced by the appropriate emergency action code (“EAC”) for the substance in question.

2.  Subject to paragraphs 3 and 6, where a transport unit or tank-vehicle is carrying one dangerous good in a tank or a transport unit or in a container in bulk—

(a)the orange-coloured plates referred to in paragraph 1 shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the goods, transport unit, tank-vehicle or container in question; and

(b)an identical orange-coloured plate shall be affixed to the rear of the transport unit, in place of the orange-coloured plate to be affixed to the rear of the transport unit pursuant to sub-section 5.3.2.1.1 of ADR.

3.  Subject to paragraphs 4 and 6, where more than one dangerous good is being carried in a tank or in bulk in a transport unit or a tank-vehicle with more than one tank or container—

(a)the orange-coloured plates referred to in paragraph 1 shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the goods, transport unit, tank-vehicle or container in question except that—

(i)only one on each side of the transport unit, tank, tank compartment or container in question, parallel to the longitudinal axis, shall bear the EAC; and

(ii)the remaining plates shall bear only the UN number and shall be 150mm in height; and

(b)an orange-coloured plate shall be affixed to the rear of the transport unit or tank-vehicle in question which shall be identical to the plates referred to in paragraph (a), except that it shall display the EAC only in the top half of the plate.

4.  Subject to paragraph 6, where more than one dangerous good is being carried in a transport unit or a tank-vehicle with more than one tank and those goods are—

(a)UN 1202 DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT;

(b)UN 1203 PETROL or MOTOR SPIRIT or GASOLINE; or

(c)UN 1223 KEROSENE,

then the requirements of paragraph 2 must be met except that the orange-coloured plates only have to bear the EAC and UN number for the most hazardous of the dangerous goods being carried.

5.—(1) Subject to sub-paragraph (2), where dangerous goods are being carried in tanks a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage shall be displayed—

(a)at the rear of the transport unit; and

(b)on both sides of—

(i)any tank;

(ii)the frame of any tank; or

(iii)the transport unit; and

(c)in the immediate vicinity of the orange-coloured plate displaying the EACs,

and shall be in black digits of not less than 30mm in height against an orange-coloured background.

(2) The telephone number may be substituted by the phrase “consult local depot” or “contact local depot” provided that—

(a)the name of the carrier is clearly identifiable from the marking on any tank or the transport unit;

(b)the chief fire officer (as regards England and Wales) or the firemaster (as regards Scotland) of each area through which the transport unit will carry the dangerous goods has been notified in writing of the address and telephone number of the relevant local depot; and

(c)each fire officer or firemaster, as referred to in paragraph (b), has indicated in writing that he is satisfied with the arrangements.

6.—(1) The information required to be displayed on placards and orange-coloured plates pursuant to section 5.3.1 of ADR and paragraphs 1 to 4 and the information required to be displayed pursuant to paragraph 5 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).

(2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that—

(a)it shall be displayed in accordance with paragraphs 1 to 4 as if they were orange-coloured plates;

(b)it shall be orange-coloured except the part incorporating the placard which shall be white;

(c)the part incorporating the placard shall be not less than 200mm by 200mm, with a line of the same colour as the relevant symbol not more than 12.5mm inside the edge and running parallel to it;

(d)if more than one placard is to be incorporated in the panel then those placards shall be adjacent in the same horizontal plane;

(e)it shall conform to the figure below; and

(f)it shall be clearly visible.

Hazard warning panel

PART 2CARRIAGE OF GOODS BY RAIL

7.  Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 20(3) and section 5.3.2 of RID, then the HIN shall be replaced by the appropriate EAC for the substance in question.

8.  Where dangerous goods are being carried in tanks, a telephone number where specialist advice concerning the dangerous goods in question may be obtained in English at any time during carriage shall be displayed—

(a)in the immediate vicinity of each orange-coloured plate; and

(b)against an orange-coloured background in black digits of not less than 30mm in height.

9.—(1) The information required to be displayed on placards and orange-coloured plates in accordance with section 5.3.1 of RID and paragraph 7 and the telephone number required to be displayed pursuant to paragraph 8 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).

(2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that it shall—

(a)be displayed in accordance with paragraph 8 as if it were an orange-coloured plate; and

(b)comply with the requirements of paragraphs 6(2)(c) to (f).

Regulation 59

SCHEDULE 10AMENDMENTS TO THE HEALTH AND SAFETY (FEES) REGULATIONS 2004

1.  The Health and Safety (Fees) Regulations 2004(5) shall be amended as follows.

2.  For regulations 12 to 14 substitute—

“Fees for certificates and applications for approvals under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

12.—(1) A driver may only be issued with a driver training certificate in accordance with regulation 32 of the Carriage Regulations where a fee of the sum specified in Schedule 10 has been paid to the GB competent authority.

(2) The validity of a driver training certificate may only be extended in accordance with regulation 33(6)(c) of the Carriage Regulations where, within the period of 12 months which precede the expiry of the original certificate or of an extension of it granted in accordance with that regulation, a fee of the sum specified in Schedule 10 has been paid to the GB competent authority.

(3) A fee shall be payable by the applicant to the GB competent authority on each application for an original approval or a renewal of any approval of initial or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 24(1) of the Carriage Regulations.

(4) The fee payable under paragraph (3) on application for such approval as is mentioned in column 1 of Schedule 11 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule.

(5) An individual may only be issued with a safety adviser vocational training certificate in accordance with regulation 32 of the Carriage Regulations where a fee as specified in Schedule 12 has been paid to the GB competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates.

(6) The validity of a safety adviser vocational training certificate may only be extended in accordance with regulation 32(5)(c) of the Carriage Regulations where, within the period of 12 months which precede the expiry of the original certificate or an extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 12 has been paid to the GB competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates.

(7) Nothing in paragraphs (1), (2), (5) and (6) shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.

(8) In this regulation “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(6) and “GB competent authority” has the same meaning as in those Regulations.”

3.  For Schedule 10 substitute—

Regulation 12(1) and (2)

“SCHEDULE 10FEE FOR DRIVER TRAINING CERTIFICATE UNDER THE CARRIAGE REGULATIONS

4.  For Schedule 11 substitute—

Regulation 12(3) and (4)

“SCHEDULE 11FEES FOR APPLICATIONS FOR APPROVALS UNDER THE CARRIAGE REGULATIONS

5.  For Schedule 12 substitute—

Regulation 12(5) and (6)

“SCHEDULE 12FEE FOR SAFETY ADVISER VOCATIONAL TRAINING CERTIFICATE UNDER THE CARRIAGE REGULATIONS

Regulation 60

SCHEDULE 11AMENDMENTS TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS 2002

1.  The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(7) shall be amended as follows.

2.  After regulation 8 (labelling of dangerous substances and dangerous preparations) insert—

“Labelling of single receptacles and receptacles in outer packagings

8A.—(1) Where except for this regulation a package would be required to show the particulars required by regulation 8 and to be labelled and marked in accordance with any of the national or international transport rules, it shall be sufficient compliance with regulation 8 if the package shows the particulars specified in paragraphs (2) or (3) of this regulation.

(2) Where the package consists of only a single receptacle, the specified particulars are—

(a)the particulars required by—

(i)paragraph (2)(a), (b), (c)(ii), (iii) and (iv) in the case of substances; and

(ii)paragraph (3)(a), (b), (c)(i), (iii), (iv) and (v) in the case of preparations,

of regulation 8 in accordance with regulation 10;

(b)the labels and markings required by whichever of the national or international transport rules is appropriate; and

(c)where a substance or preparation has been classified as dangerous for the environment, the appropriate indication of danger and the danger symbol from Schedule 2 in accordance with regulation 10.

(3) Where the package consists of one or more receptacles in outer packagings, the particulars specified are the labels and markings required by whichever of the national or international transport rules is appropriate.

(4) For the purpose of this regulation—

(a)the national transport rules are—

(i)the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997(8);

(ii)the Air Navigation (Dangerous Goods) Regulations 2002(9); and

(iii)the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(10); and

(b)the international transport rules are—

(i)the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or reissued from time to time (“ADR”)(11);

(ii)the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway, as revised or re-issued from time to time (“ADN”)(12);

(iii)the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as revised or re-issued from time to time (“ICAO”)(13);

(iv)the International Maritime Dangerous Goods Code, as revised or re-issued from time to time (“IMDG”)(14); and

(v)the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to COTIF (“RID”)(15).”

Regulation 61

SCHEDULE 12AMENDMENTS TO THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

1.  The Classification and Labelling of Explosives Regulations 1983(16) shall be amended as follows.

2.  In regulation 2(1) (interpretation)—

(1)omit the definition of “class 1”;

(2)for the definition of “classified” substitute—

““classified” means classified in accordance with—

and related expressions shall be construed accordingly;”;

(3) omit the definitions of “Compatibility Group” and “Division”;

(4) for the definition of “hazard classification code” substitute—

““hazard classification code” means the division number as set out in paragraph 2.1.1.4 of the United Nations Recommendations, followed by the compatibility group letter, as set out in paragraph 2.1.2 of those Recommendations, for the article, substance, combination or unit load in question which is assigned on classification in accordance with regulation 3;”;

(5) for the definition of “name” substitute—

““name” means in relation to an explosive article or explosive substance—

(6) in the definition of “the United Nations Recommendations” for “Current Edition (1997): ISBN 92-1-139057-5” substitute “Current Edition (2003) ISBN 92-1-139090-7”; and

(7) for the definition of “United Nations Serial Number” substitute—

““United Nations Serial Number” means the serial number set out in paragraph 3.2.1 of the UN Recommendations which is assigned to the article, substance, combination or unit load in question on classification in accordance with regulation 3 as a means of identification.”.

3.  In regulation 3 (classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof) for paragraph (2) substitute—

“(2) An article, substance, combination or unit load to which these Regulations apply may not be—

(a)imported into the United Kingdom in the course of or for private use or use at work or conveyed unless it has been classified and that classification has been approved in writing by the Executive, or, in the case of a military explosive, by the Secretary of State; and

(b)conveyed, kept or supplied unless it and any packaging comply with any labelling requirements imposed in respect of them by these Regulations.”;

4.  For regulation 6 (labelling of an article, substance or combination) substitute—

“Labelling of an article, substance or combination

6.—(1) A packaged article or substance, or a combination to which these Regulations apply, shall bear a label in accordance with paragraph 12 of Schedule 3.

(2) An unpackaged article, other than a firework, to which these Regulations apply, shall bear a label in accordance with paragraph 13 of Schedule 3.”

5.  Regulations 7 (labelling of an article, substance or combination not in Class 1) and 9 (labelling or arrangement of a unit load) shall be omitted.

6.  In regulation 10 (labelling generally), in paragraph (1), for “6, 7, 8 and 9” substitute “6 and 8”.

7.  In regulation 12A, in paragraph (a) for “3(2)(b), 6 or 9” substitute “3(2)(b) or 6”.

8.  Omit Schedules 1 and 2.

9.  In Schedule 3 (labels)—

(1) omit paragraphs 1 to 11;

(2) in paragraph 12—

(a)in the heading, omit the words “in Class 1”;

(b)in the first line for “The other label required by regulation 6(1) and (3),” substitute “The label required by regulation 6(1)”; and

(c)omit sub-paragraph (a).

(3) in paragraph 13—

(a)in the heading, omit the words “in Class 1”;

(b)in the first line for “The other label required by regulation 6(2) and (4)” substitute “The label required by regulation 6(2)”; and

(c)omit paragraph (a); and

(4) omit paragraphs 16 and 17.

Regulation 62

SCHEDULE 13CONSEQUENTIAL AMENDMENTS

Amendment to the Petroleum (Consolidation) Act 1928

1.  For section 18(4)(b) (warrants to search for and seize petroleum spirit) of the Petroleum Consolidation Act 1928(20) there shall be substituted—

“(b)carriage by road to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(21) apply.”.

Amendment to the Compressed Acetylene (Importation) Regulations 1978

2.  For regulation 1A of the Compressed Acetylene (Importation) Regulations 1978(22) there shall be substituted—

“1A.  These Regulations shall not apply to any transportable pressure equipment which complies with the provisions of Part 4 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(23).”.

Amendments to the Dangerous Substances in Harbour Areas Regulations 1987

3.—(1) The Dangerous Substances in Harbour Areas Regulations 1987(24) shall be amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)before the definition of “Approved Carriage List” insert—

““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(25)”;

(b)for the definition of “Approved Carriage List” substitute—

““approved list” means the list of goods in Table A of Chapter 3.2 of ADR;”;

(c)after the definition of “berth” insert—

““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(26);”;

(d)in the definition of “classification” for the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “the Carriage Regulations 2004”;

(e)for the definition of “Compatibility Group” and “Compatibility Group Number” substitute—

““Compatibility Group” and “Compatibility Group Number” have the same meaning as in the IMDG Code;”;

(f)for the definition of “Division” and “Division Number” substitute—

““Division” and “Division Number” have the same meaning as in the IMDG Code;”;

and

(g)in the definition of “portable tank”, for paragraph (b) substitute—

“(b)a tank as defined in the Carriage Regulations;”.

(3) In regulation 3(2)(b) (meaning of “dangerous substance”) for the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “the Carriage Regulations”.

(4) For regulation 24 substitute—

“Tanks and receptacles

24.  Where a dangerous substance is brought into a harbour or a harbour area from inland in—

(a)a tank, the operator of the tank shall ensure that it is correctly filled and complies with the requirements of the Carriage Regulations; or

(b)a receptacle, the consignor of that substance shall ensure that—

(i)the receptacle is designed, constructed, maintained and closed so as to prevent any of the contents escaping when subjected to the stresses and strains of normal handling or transport except that this shall not prevent the fitting of a suitable safety device;

(ii)the receptacle and any fastenings are, in so far as they are likely to come into contact with the substance, made of materials which are neither liable to be adversely affected by the substance nor liable in conjunction with the substance to form any other substance which is itself a risk to health or safety;

(iii)the receptacle is correctly filled; and

(iv)in the case of a receptacle containing a compressed gas, the receptacle has been appropriately tested.”.

(5) In regulation 25 (labelling)—

(a)in paragraph 1(b)(ii) for the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “the Carriage Regulations”; and

(b)in paragraph (2)—

(i)for sub-paragraphs (a) to (c) substitute—

“(a)the Carriage Regulations;” and

(ii)in sub-paragraph (d) for the words “Radioactive Material (Road Transport) (Great Britain) Regulations 1996” substitute “Radioactive Material (Road Transport) Regulations 2002”(27).

(6) In Part 1 of Schedule I—

(a)in Note 3 for the words “conditions in Part III of Schedule I to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles 1996” substitute “classification criteria in sub-section 2.2.3.1.5 of ADR”; and

(b)in Note 4 for the words “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “test specified in section 2.3.3 of ADR”.

(7) In sub-paragraph (d) of Schedule 3 for the words “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “test specified in section 2.3.3 of ADR”.

Amendment to the Dangerous Substances (Notification and Marking of Sites) Regulations 1990

4.—(1) The Dangerous Substances (Notification and Marking of Sites) Regulations 1990(28) shall be amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “the 1996 Regulations” substitute—

““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(29);”;

(ii)in the definition of “classification”, for the words “regulation 5 of the 1996 Regulations” substitute “regulation 15 of the Carriage Regulations”; and

(iii)in the definition of “dangerous substance” for the words “the 1996 Regulations” substitute “the Carriage Regulations”; and

(b)after paragraph (1) add—

“(1A) In the definitions of “classification” and “dangerous substance” the references to the Carriage Regulations shall apply as if the substances in question were being carried by road.”.

(3) In Schedule 1 (exceptions)—

(a)for paragraph 1(c) substitute—

“(c)substances which on classification as defined in regulation 2(1) of the Classification and Labelling of Explosives Regulation 1983(30) are classified as class 1 goods within the meaning of—

(i)the Carriage Regulations;

(ii)the International Maritime Dangerous Goods Code as revised or reissued from time to time(31); or

(iii)the Technical Instructions for the Safe Transport of Dangerous Goods by Air as revised or reissued from time to time(32);”; and

(b)in paragraph 1(d) for the words “the 1996 Regulations” substitute “the Carriage Regulations”.

Amendment to the Control of Explosives Regulations 1991

5.  In regulation 10(2)(b) (keeping explosives for private use) of the Control of Explosives Regulations 1991(33) for the words “so as to be in Division 1.4 and compatibility Group S for the purposes of the 1983 Regulations” substitute “for carriage in accordance with the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(34)”.

Amendment to the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993

6.  In regulation 5(10) (materials and equipment) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993(35) for the words “to which the Carriage of Explosives by Road Regulations 1996” there shall be substituted the words “by road of explosives to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(36)”.

Amendment to the Notification of New Substances Regulations 1993

7.  In paragraph 7.3(g) of Part A of Schedule 2 (information required in the technical dossiers) to the Notification of New Substances Regulations 1993(37) for the words “Carriage of Dangerous Goods by Road Regulations 1996” there shall be substituted the words “Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(38) to the extent that it relates to carriage by road”.

Amendments to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

8.—(1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995(39) shall be amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)after the definition of “biological agent” insert—

““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004;”(40); and

(b)in the definition of “operator” for the words “dangerous substance” substitute “dangerous goods”.

(3) In Schedule 2 (dangerous occurrences)—

(a)in Part I (general)—

(i)in paragraph 6(2) for the words “being transported, be assigned to Class 1 within the meaning of the Classification and Labelling of Explosives Regulations 1983” substitute “being carried by road or rail, be classified as Class 1 goods within the meaning of the Carriage Regulations”; and

(ii)for paragraph 17A substitute—

“17A.  In paragraphs 16 and 17 above, “carriage” and “dangerous goods” have the same meaning as those terms in regulation 2(1) of the Carriage Regulations.”; and

(b)in Part IV (dangerous occurrences which are reportable in respect of relevant transport systems) for paragraph 59(2) substitute—

“(2) In this paragraph “dangerous goods” has the meaning assigned to it in regulation 2(1) of the Carriage Regulations.”

Amendment to the Health and Safety (Safety Signs and Signals) Regulations 1996

9.  In regulation 2(1) (interpretation) of the Health and Safety (Safety Signs and Signals) Regulations 1996(41) for the definition of “dangerous goods” there shall be substituted—

““dangerous goods” has the meaning in regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(42) which shall apply as if those goods were being carried by road;”.

Amendments to the Pressure Systems Safety Regulations 2000

10.—(1) The Pressure Systems Safety Regulations 2000(43) shall be amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)for the definition of “the CDGCPL Regulations” substitute—

““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004”(44);

(b)after the definition of “mobile system” insert—

““old pressure receptacle” has the meaning in regulation 2(1) of the Carriage Regulations which shall apply as if the receptacle were being carried by road;”;

(c)after the definition of “pipework” insert—

““pressure receptacle” has the meaning in regulation 2(1) of the Carriage Regulations, except that it includes any permanent fitting to a pressure receptacle, and regulation 2(1) shall apply as if the receptacle were being carried by road;”;

(d)in the definition of “pressure system”—

(i)in sub-paragraph (b) for “transportable pressure receptacle” substitute “pressure receptacle, an old pressure receptacle or transportable pressure equipment”; and

(ii)for the words “transportable pressure receptacle or a transportable pressure vessel” substitute “pressure receptacle, an old pressure receptacle or transportable pressure equipment”; and

(e)after the definition of “system failure”—

(i)omit the definition of “transportable pressure receptacle”; and

(ii)for the definition of “transportable pressure vessel” substitute—

““transportable pressure equipment” has the same meaning as in regulation 2(1) of the Carriage Regulations except that it shall exclude a tank within the meaning of those Regulations;”.

(3) In Part I of Schedule 1 (pressure systems excepted from all the Regulations)—

(a)for paragraph 9 substitute—

“9.  A tank or an old tank within the meaning of the Carriage Regulations.”; and

(b)for paragraph 13 substitute—

“13.  Any pressure system being carried in a vehicle if the vehicle is—

(a)engaged in an international transport operation within the meaning of Article 1(c) of ADR; and

(b)under the control of or owned by the armed forces within the meaning of the Carriage Regulations where the armed forces are those of a country which is a contracting party to ADR.”.

(4) In paragraph 3(a) of Part II of Schedule 1 (pressure systems excepted from certain regulations)—

(a)after the words “dangerous goods” insert “by road”;

(b)for the words “Carriage of Dangerous Goods by Road Regulations 1996” substitute “Carriage Regulations”; and

(c)for the words “paragraph 1 of Schedule 2” substitute “regulation 4(1)”.

Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2001

11.—(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001(45) shall be amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “the 2002 Regulations” substitute—

““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(46);”.

(3) In regulation 3 (application)—

(a)for paragraph (4)(c) substitute—

“(c)any radioactive substance conforming to the specifications for special form radioactive material set out in regulation 2(1) of the Carriage Regulations—

(i)which is certified pursuant to regulations 20(2), 21(4)(a) and 28(1) of the Carriage Regulations as complying with them; or

(ii)where the transport in question forms part of an international transport operation as is referred to in regulation 4(1)(a) or (b) of the Carriage Regulations;”;

(b)for paragraph 4(d) substitute—

“(d)any radioactive substance contained in a package which complies in every respect as to its design with the requirements for—

(i)a Type B(U) package, a Type B(M) package or a Type C package as set out in paragraphs 6.4.8, 6.4.9 or 6.4.10 of RID respectively; or

(ii)a consignment carried under special arrangement within the meaning of the Carriage Regulations which provides an equivalent level of safety as a type B(U) package, Type B(M) package or a Type C package complying with the requirements referred to in sub-paragraph (i),

and which, in each case, has been approved pursuant to regulations 20(2), 21(4)(a) and 28 of the Carriage Regulations as complying with such requirements or where the transport in question forms part of an international transport operation as referred to in regulation 4(1)(a) or (b) of the Carriage Regulations;”;

(c)for paragraph (4)(e) substitute—

“(e)the transport of any radioactive substance in the form of a low specific activity material conforming to the specifications for LSA-I, LSA-II or LSA-III set out in sub-section 2.2.7.3 of RID including cases where the transport forms part of an international transport operation as is referred to in regulation 4(1)(a) or (b) of the Carriage Regulations;”;

(d)for paragraph (4)(f) substitute—

“(f)the transport of any radioactive substance in the form of a surface contaminated object conforming to the specifications for SCO-I or SCO-II set out in sub-section 2.2.7.5 of RID including cases where the transport forms part of an international transport operation as is referred to in regulation 4(1)(a) or (b) of the Carriage Regulations; and”; and

(e)after paragraph (5) add—

“(6) In paragraph (4)(d)-(f) “RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail as revised or reissued from time to time.”.

Amendments to the Control of Asbestos at Work Regulations 2002

12.—(1) The Control of Asbestos at Work Regulations 2002(47) shall be amended as follows.

(2) In regulation 23(3) (storage, distribution and labelling of raw asbestos and asbestos waste)—

(a)in sub-paragraph (a) for the words “Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(48)”; and

(b)omit sub-paragraph (b).

(3) In paragraph 1A of Schedule 2 (the labelling of raw asbestos, asbestos waste and products containing asbestos) for the words “Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004”.

Amendment to the Control of Lead at Work Regulations 2002

13.  For the list in Schedule 2 (legislation concerned with the labelling of containers and pipes) to the Control of Lead at Work Regulations 2002(49) there shall be substituted—

• “The Health and Safety (Safety Signs and Signals) Regulations 1996 (S.I. 1996/341);

• The Good Laboratory Practice Regulations 1999 (S.I. 1999/3106);

• The Radioactive Material (Road Transport) Regulations 2002 (S.I. 2002/1093);

• The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689); and

• The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568).”.

Amendment to the Control of Substances Hazardous to Health Regulations 2002

14.  For the list in Schedule 7 (legislation concerned with the labelling of containers and pipes) to the Control of Substances Hazardous to Health Regulations 2002(50) there shall be substituted—

• “The Health and Safety (Safety Signs and Signals) Regulations 1996 (S.I. 1996/341);

• The Good Laboratory Practice Regulations 1999 (S.I. 1999/3106);

• The Radioactive Material (Road Transport) Regulations 2002 (S.I. 2002/1093);

• The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689); and

• The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568).”.

Amendment to the Dangerous Substances and Explosive Atmospheres Regulations 2002

15.  For the list in Schedule 5 (legislation concerned with the marking of containers and pipes) to the Dangerous Substances and Explosive Atmospheres Regulations 2002(51) there shall be substituted—

• “The Classification and Labelling of Explosives Regulations 1983 (S.I. 1983/1140);

• The Health and Safety (Safety Signs and Signals) Regulations 1996 (S.I. 1996/341);

• The Good Laboratory Practice Regulations 1999 (S.I. 1999/3106);

• The Radioactive Material (Road Transport) Regulations 2002 (S.I. 2002/1093);

• The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689); and

• The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568).”.

Regulation 63(1)

SCHEDULE 14REVOCATIONS