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The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to pressure equipment and assemblies, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:



PART I
PRELIMINARY

Citation and commencement
     1.  - (1) These Regulations may be cited as the Pressure Equipment Regulations 1999.

    (2) This regulation, regulations 2, 20 and 22 shall come into force on 31st August 1999.

   (3) The remaining regulations shall come into force on 29th November 1999.

Interpretation
     2.  - (1) In these Regulations - 

(a) the "Pressure Equipment Directive" means Directive 97/23/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to pressure equipment[3];

(b) except for the references to the European Communities in the definition of "the Commission" and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for this purpose - 



(i) the "EEA" means the European Economic Area;

(ii) an "EEA State" means a State which is a Contracting Party to the EEA Agreement; and

(iii) the "EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[4]; and



(c) unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference - 



(i) to a paragraph in a regulation is a reference to a paragraph in that regulation;

(ii) to an Annex is a reference to an Annex of the Pressure Equipment Directive: for the purposes of these Regulations, Annexes I, II, III, VI and VII are respectively set out in Schedules 2, 3, 4, 5, and 6;

(iii) to an Article in an Annex is a reference to the Article so numbered in the Pressure Equipment Directive and a reference to a section of an Article shall be construed accordingly;

(iv) to a section or a paragraph in an Annex is a reference to a section or a paragraph in that Annex as set out in the relevant Schedule; and

(v) to "the Directive" in an Annex is a reference to the Pressure Equipment Directive.

    (2) In these Regulations, unless the context otherwise requires - 

"assembly" means several pieces of pressure equipment assembled by a manufacturer to constitute an integrated and functional whole;

"business" includes a profession and an undertaking;

"CE marking" means the CE marking referred to in regulation 16 consisting of the initials "CE" in the form shown in Schedule 5;

"the Commission" means the Commission of the European Communities;

"enforcement authority" means - 

(a) in the case of pressure equipment and assemblies for use in the workplace - 



(i) in Great Britain, the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974[5] and

(ii) in Northern Ireland, the Health and Safety Executive for Northern Ireland established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978[6];



(b) in the case of pressure equipment and assemblies for private use or consumption - 



(i) in Great Britain, weights and measures authorities; and

(ii) in Northern Ireland, every district council;

"essential requirements" means the requirements set out in Schedule 2;

"European approval for materials" or "European approval for pressure equipment materials" means a technical document defining the characteristics of materials intended for repeated use in the manufacture of pressure equipment which are not covered by any harmonised standard as referred to in paragraph 4.2(b) of Schedule 2;

"fluid" means gases, liquids and vapours in pure phase as well as mixtures thereof; a fluid may contain a suspension of solids;

"fluid in Group 1" means a fluid being a dangerous fluid, that is to say a substance or preparation covered by the definitions of Article 2(2) of Council Directive 67/548/EEC of 27th June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances[7] as specified in that Article as:

    
 -  explosive,    
 -  extremely flammable,    
 -  highly flammable,    
 -  flammable (where the maximum allowable temperature is above flashpoint),    
 -  very toxic,    
 -  toxic, or    
 -  oxidising;

"fluid in Group 2" means a fluid which is not a fluid in Group 1;

"harmonised standard" means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a mandate from the Commission in accordance with Directive 98/34/EC of 22nd June 1998 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations[8], and of which the reference number is published in the Official Journal of the European Communities;

"maximum allowable pressure" or "PS" means the maximum pressure for which the equipment is designed, as specified by the manufacturer, defined at a location specified by the manufacturer, being the location of connection of protective or limiting devices or the top of equipment or, if either of the foregoing are not appropriate, any point specified by the manufacturer;

"maximum or minimum allowable temperature" or "TS" means the maximum or minimum temperatures, as the case may be, for which the equipment is designed, as specified by the manufacturer;

"nominal size" or "DN" means a numerical designation of size which is common to all components in a piping system other than components indicated by outside diameters or by thread size; that is to say a convenient round number for reference purposes which is only loosely related to manufacturing dimensions and designated by the letters "DN" followed by a number;

"notified body" shall be construed in accordance with regulation 18;

"permanent joints" means joints which cannot be disconnected except by destructive methods;

"piping" means piping components intended for the transport of fluids when connected together for integration into a pressure system, such components include in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, other pressure-bearing components as appropriate or heat exchangers consisting of pipes for the purpose of cooling or heating air;

"pressure" means pressure relative to atmospheric pressure being gauge pressure; vacuum is designated by a negative value;

"pressure accessories" means devices with an operational function and having pressure-bearing housings;

"pressure equipment" means vessels, piping, safety accessories and pressure accessories; where applicable, pressure equipment include elements attached to pressurised parts, such as flanges, nozzles, couplings, supports, lifting lugs, and similar;

"recognised third-party organisation" shall be construed in accordance with regulation 19;

"relevant essential requirements" in relation to pressure equipment or an assembly, means those provisions of the essential requirements which are applicable to that particular pressure equipment or assembly, as the case may be;

"responsible person" means - 

(a) the manufacturer or his authorised representative established within the Community; or

(b) where neither the manufacturer nor his authorised representative is established within the Community, the person who places the pressure equipment or assembly on the market or puts it into service as the case may be;

"safe" in relation to pressure equipment or an assembly, means that the pressure equipment or assembly when properly installed and maintained and used for its intended purpose is not liable to endanger the health or safety of persons and, where appropriate, domestic animals or property, and, where the context admits, cognate expressions shall be construed accordingly;

"safety accessories" means devices designed to protect pressure equipment against the allowable limits being exceeded; such devices include:

    
 -  devices for direct pressure limitation, such as safety valves, bursting disc safety devices, buckling rods, controlled safety pressure relief systems, and    
 -  limiting devices, which either activate the means for correction or provide for shutdown or shutdown and lockout, such as pressure switches or temperature switches or fluid level switches and safety related measurement control and regulation devices;

"standard" means a technical specification approved by a recognised standardising body for repeated or continuous application, with which compliance is not compulsory: and, for the avoidance of doubt, includes a harmonised standard or a transposed harmonised standard;

"supply" includes offering to supply, agreeing to supply, exposing for supply and possessing for supply and cognate expressions shall be construed accordingly;

"transposed harmonised standard" means a national standard of a member State which transposes a harmonised standard;

"user inspectorate" shall be construed in accordance with regulation 22;

"vessel" means a housing designed and built to contain fluids under pressure including its direct attachments up to the coupling point connecting it to other equipment; a vessel may be composed of more than one chamber; and

"volume" or "V" means the internal volume of a chamber, including the volume of nozzles to the first connection or weld and excluding the volume of permanent internal parts.

    (3) For the purposes of these Regulations, pressure equipment or assemblies shall not be regarded as having been put into service where a person - 

(a) being a manufacturer of pressure equipment or an assembly for his own use; or

(b) having imported pressure equipment or an assembly from a country or territory outside the Community for his own use

puts that pressure equipment or assembly into service otherwise than in the course of business.



PART II
APPLICATION

Pressure equipment and assemblies
     3. Subject to regulations 4, 5, and 6, these Regulations apply to pressure equipment and assemblies with a maximum allowable pressure PS greater than 0.5 bar.

Excluded pressure equipment and assemblies
     4.  - (1) These Regulations shall not apply to the products listed in Schedule 1.

    (2) For the avoidance of doubt these Regulations shall not apply to the assembly of pressure equipment on the site and under the responsibility of the user.

Pressure equipment and assemblies placed on the market before 29th November 1999
     5. These Regulations shall not apply to pressure equipment and assemblies placed on the market before 29th November 1999.

Exclusion until 30th May 2002 of pressure equipment and assemblies complying with provisions in force on 28th November 1999
     6.  - (1) Subject to paragraph (2), these Regulations shall not apply to pressure equipment and assemblies placed on the market on or before 29th May 2002 which comply with any safety provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 28th November 1999.

    (2) The exclusion provided in paragraph (1) shall not apply in the case of pressure equipment or an assembly which - 

(a) unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused with it; or

(b) bears or is accompanied by any other indication, howsoever expressed, that it complies with the Pressure Equipment Directive.

PART III
GENERAL REQUIREMENTS

General duty relating to the placing on the market or putting into service of pressure equipment
     7.  - (1) Subject to regulation 11, no person who is a responsible person shall place on the market or put into service any pressure equipment described in paragraph 2 unless the requirements of paragraph (3) have been complied with in relation to it.

    (2) For the purposes of paragraph (1), the following are pressure equipment - 

(a) vessels, except those referred to in sub-paragraph (b), for - 



(i) gases, liquefied gases, gases dissolved under pressure, vapours and also those liquids whose vapour pressure at the maximum allowable temperature is greater than 0.5 bar above normal atmospheric pressure, (1 013 mbar) within the following limits - 



(aa) for fluids in Group 1, with a volume greater than 1L and a product of PS and V greater than 25 bar-L, or with a pressure PS greater than 200 bar;

(bb) for fluids in Group 2, with a volume greater than 1L and a product of PS and V greater than 50 bar-L, or with a pressure PS greater than 1 000 bar, and all portable extinguishers and bottles for breathing apparatus;



(ii) liquids having a vapour pressure at the maximum allowable temperature of not more than 0.5 bar above normal atmospheric pressure (1 013 mbar) within the following limits - 



(aa) for fluids in Group 1, with a volume greater than 1L and a product of PS and V greater than 200 bar-L, or with a pressure PS greater than 500 bar;

(bb) for fluids in Group 2, with a pressure PS greater than 10 bar and a product of PS and V greater than 10 000 bar-L, or with a pressure PS greater than 1 000 bar;



(b) fired or otherwise heated pressure equipment with the risk of overheating intended for generation of steam or super-heated water at temperatures higher than 110°C[9] having a volume greater than 2L, and all pressure cookers;

(c) piping intended for - 



(i) gases, liquefied gases, gases dissolved under pressure, vapours and those liquids whose vapour pressure at the maximum allowable temperature is greater than 0.5 bar above normal atmospheric pressure (1 013 mbar) within the following limits - 



(aa) for fluids in Group 1, with a DN greater than 25;

(bb) for fluids in Group 2, with a DN greater than 32 and a product of PS and DN greater than 1 000 bar;



(ii) liquids having a vapour pressure at the maximum allowable temperature of not more than 0.5 bar above normal atmospheric pressure (1 013 mbar), within the following limits - 



(aa) for fluids in Group 1, with a DN greater than 25 and a product of PS and DN greater than 2 000 bar;

(bb) for fluids in Group 2, with a PS greater than 10 bar, a DN greater than 200 and a product of PS and DN greater than 5 000 bar;



(d) subject to regulation 9, safety and pressure accessories intended for equipment covered by sub-paragraphs (a), (b) and (c), including where such equipment is incorporated into an assembly.

    (3) The requirements in respect of pressure equipment described in paragraph 2 are that - 

(a) it satisfies the relevant essential requirements and for the purpose of satisfying those requirements where a transposed harmonised standard covers one or more of the relevant essential requirements, any pressure equipment constructed in accordance with that transposed harmonised standard shall be presumed to comply with that or, as the case may be, those essential requirements;

(b) the appropriate conformity assessment procedure in respect of the pressure equipment has been carried out in accordance with regulation 13(1);

(c) the CE marking has been affixed to it by the manufacturer of the pressure equipment or his authorised representative established within the Community in accordance with regulation 16 and Schedule 5;

(d) a declaration of conformity has been drawn up in respect of it by the manufacturer of the pressure equipment or his authorised representative established within the Community containing the information listed in Schedule 6; and

(e) it is in fact safe.

    (4) Any technical documentation or other information in relation to an item of pressure equipment required to be retained under the conformity assessment procedure used shall be retained by the person specified in that respect in that conformity assessment procedure for any period specified in that procedure.

    (5) In respect of pressure equipment to be placed on the market and put into service in the United Kingdom, where the requirements of paragraphs 3.3 and 3.4 of Schedule 2 are to be met, the marking, labelling, information and instructions shall be in English.

General duty relating to the placing on the market or putting into service of assemblies
     8.  - (1) Subject to regulation 11, no person who is a responsible person shall place on the market or put into service an assembly described in paragraph 2 unless the requirements of paragraph (3) have been complied with in relation to it.

    (2) For the purposes of paragraph (1), an assembly is - 

(a) an assembly which includes at least one item of pressure equipment described in paragraph (2) of regulation 7 and - 



(i) is intended for generating steam or superheated water at a temperature higher than 110°C[10] comprising at least one item of fired or other heated pressure equipment presenting a risk of overheating; or,

(ii) not being a product included in sub-paragraph (i) above, is intended by the manufacturer to be placed on the market and put into service as an assembly; or



(b) an assembly which is intended for generating warm water at temperatures not greater than 110°C, which is manually fed with the solid fuels and has a PS.V greater than 50 bar-L.

    (3)

(a) The requirements in respect of an assembly described in paragraph (2)(a) are that - 



(i) it satisfies the relevant essential requirements and for the purpose of satisfying those requirements where a transposed harmonised standard covers one or more of the relevant essential requirements, any assembly constructed in accordance with that transposed harmonised standard shall be presumed to comply with that or, as the case may be, those essential safety requirements;

(ii) the appropriate conformity assessment procedure in respect of the assembly has been carried out in accordance with regulation 14;

(iii) the CE marking has been affixed to it by the manufacturer of that assembly or his authorised representative established within the Community in accordance with regulation 16 and Schedule 5;

(iv) a declaration of conformity has been drawn up in respect of it by the manufacturer of the assembly or his authorised representative established within the Community containing the information listed in Schedule 6; and

(v) it is in fact safe.



(b) The requirements in respect of any assembly described in paragraph (2)(b) are that - 



(i) it satisfies the essential requirements referred to in paragraphs 2.10, 2.11, 3.4, 5(a) and 5(d) of Schedule 2, and

(ii) it complies with the requirements listed in sub-paragraphs (a)(ii) to (v) inclusive above.

    (4) Any technical documentation or other information in relation to an assembly required to be retained under the conformity assessment procedure used shall be retained by the person specified in that respect in that conformity assessment procedure for any period specified in that procedure.

    (5) In respect of an assembly to be placed on the market in the United Kingdom, where the requirements of paragraphs 3.3 and 3.4 of Schedule 2 are to be met, the marking, labelling, information and instructions shall be in English.

Requirement for pressure equipment or assemblies to comply with sound engineering practice
     9.  - (1) Subject to regulation 11, no person who is a responsible person shall place on the market or put into service any pressure equipment or assembly to which these Regulations apply below or equal to the limits in regulations 7(2)(a), (b) or (c) or regulation 8(2) unless the requirements of paragraph (2) below have been complied with in relation to it.

    (2) The requirements referred to in paragraph (1) are that the pressure equipment or assembly - 

(a) is designed and manufactured in accordance with sound engineering practice in order to ensure safe use;

(b) must be accompanied by adequate instructions for use;

(c) must bear markings to permit identification of the manufacturer or of his authorised representative established within the Community; and

(d) be safe.

    (3) For the avoidance of doubt, pressure equipment or assemblies to which this regulation applies shall not bear the CE marking.

Notes:

[1] S.I. 1998/2793.back

[2] 1972 c.68.back

[3] OJ No. L181, 9.7.97, p. 1.back

[4] The application of the Pressure Equipment Directive was extended to the EEA from 26th September 1998 by virtue of Decision 82/98 of the EEA Joint Committee which inserted a reference to that Directive after point 6 in Chapter VIII of Annex II to the EEA Agreement.back

[5] 1974 c.37.back

[6] S.I. 1978/1039 (N.I. 9); Article 12 was amended by S.I. 1998/2795 (N.I. 18) Article 6(1) and paragraph 8 of Schedule 1.back

[7] OJ No. 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 94/69/EC (OJ No. L381, 31.12.1994, p. 1).back

[8] OJ No. L204, 21.7.98, p. 37. Directive 98/34/EC was amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p. 18).back

[9] Corrigendum to Directive 97/23/EC published at OJ No. L265, 27.9.97, p. 110.back

[10] Corrigendum to Directive 97/23/EC published at OJ No. L265, 27.9.97, p. 110.back