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SCHEDULE 8 Regulation 24
ENFORCEMENT
Enforcement in Great Britain
1. In Great Britain, in relation to pressure equipment or
assemblies for use in the workplace -
(a) it shall be the duty of the Executive to make adequate arrangements for the
enforcement of these Regulations, and accordingly a reference in the provisions applied
for the purposes of such enforcement by sub-paragraph (b) to an "enforcing
authority" shall be construed as a reference to the Executive;
(b) sections 19 to 28[36], 33 to 35[37], 38, 39, 41 and 42 of the 1974 Act
shall apply for the purposes of providing for the enforcement of these Regulations and in
respect of proceedings for contravention thereof as if -
(i) references to relevant statutory provisions were references to those sections as
applied by this paragraph and to these Regulations;
(ii) references to articles, substances, articles and substances, or plant, were
references to pressure equipment or assemblies;
(iii) references to the field of responsibility of an enforcing authority, however
expressed, were omitted;
(iv) in section 20, subsection (3) was omitted;
(v) in section 23, subsections (3), (4) and (6) were omitted;
(vi) in section 33 -
(aa) in subsection (1) the whole of paragraphs (a) to (d) were omitted;
(bb) subsection (1A) was omitted;
(cc) in subsection (2), the reference to paragraph (d) of subsection (1) was omitted;
(dd) subsection (2A) was omitted;
(ee) for subsection (3) there was substituted the following: -
" (3) A person guilty of an offence under any paragraph of
subsection (1) above not mentioned in subsection (2) above or of an offence under
subsection (1)(e) above not falling within that subsection shall be liable -
(a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or
(b) on conviction on indictment -
(i) in the case of an offence under subsection (1)(g), (j) or (o), to imprisonment for
a term not exceeding two years, or a fine, or both; or
(ii) in all other cases, to a fine."; and
(ff) subsection (4) was omitted;
(vii) in section 34 -
(aa) paragraphs (a) and (b) were omitted from subsection (1); and
(bb) in subsection (3) for "six months" there was substituted "twelve
months"; and
(viii) in section 42, subsections (4) and (5) were omitted;
(c) sections 36(1) and (2) and 37 shall apply in relation to offences under section 33
as applied by sub-paragraph (b)(vi); and
(d) Any function of the Health and Safety Commission under the 1974 Act which is
exercisable in relation to the enforcement by the Executive of the relevant statutory
provisions shall be exercisable in relation to the enforcement by the Executive of these
Regulations.
2. In Great Britain, in relation to pressure equipment
or assemblies for private use or consumption -
(a) it shall be the duty of every weights and measures authority to enforce these
Regulations within their area and a reference in the provisions applied to these
Regulations by sub-paragraph (b) to an "enforcement authority" shall be
construed accordingly;
(b) sections 14, 15, 28 to 35, 37, 38, 44 and 47 of the 1987 Act shall apply for the
purposes of providing for the enforcement of these Regulations and in respect of
proceedings for contravention thereof as if -
(i) references to safety provisions were references to these Regulations;
(ii) references to goods were references to pressure equipment or assemblies as the
context may require;
(iii) in section 14, in sub-section (6), for "six months" there was substituted
"three months";
(iv) in sections 28, 29, 30, 33, 34 and 35, the words "or any provision made by or
under Part III of this Act" on each occasion that they occur, were omitted;
(v) in section 28, sub-sections (3), (4) and (5) were omitted;
(vi) in section 29, sub-section (4) was omitted;
(vii) in section 30, sub-sections (7) and (8) were omitted; and
(viii) in section 38(1), paragraphs (a) and (b) were omitted;
(d) sections 39 and 40 of the 1987 Act shall apply to offences under section 32 of that
Act as it is applied to these Regulations by sub-paragraph (b); and
(e) in England and Wales, a magistrates' court may try an information in respect of an
offence committed under these Regulations if the information is laid within twelve months
from the time when the offence is committed, and in Scotland summary proceedings for such
an offence may be begun at any time within twelve months from the time when the offence is
committed.
Enforcement in Northern Ireland in relation to pressure equipment or assemblies
3. - (1) In Northern Ireland it shall be the
duty of the Health and Safety Executive for Northern Ireland to make adequate arrangements
for the enforcement of these Regulations in relation to pressure equipment or assemblies
for use in the workplace and a reference in the provisions applied to these Regulations by
sub-paragraph (2) below to an "enforcing authority" or to its "field of
responsibility" (however expressed) shall be construed accordingly.
(2)
(a) For the purposes of providing for the enforcement of these Regulations and in
respect of proceedings for contravention thereof, Articles 21 to 33[38], 35, 36, 38 and 39 of the Order shall apply as
if -
(i) references to relevant statutory provisions were references to those Articles as
applied by this paragraph and to these Regulations;
(ii) references to articles, substances, articles and substances, or plant, were
references to pressure equipment or assemblies;
(iii) in Article 22, paragraph (3) was omitted;
(iv) in Article 25, paragraphs (3), (4) and (5) were omitted;
(v) in Article 31 -
(aa) in paragraph (1), the whole of sub-paragraphs (a) to (d) were omitted;
(bb) paragraph (1A) was omitted;
(cc) in paragraph (2), the reference to sub-paragraph (d) of paragraph (1) was omitted;
(dd) paragraph (2A) was omitted;
(ee) paragraph (3) was omitted;
(ff) for paragraph (4) there was substituted the following: -
" (4) A person guilty of an offence under any
sub-paragraph of paragraph (1) not mentioned in paragraph (2) or of an offence under
paragraph (1)(e) not falling within paragraph (2) shall be liable -
(a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or
(b) on conviction on indictment -
(i) in the case of an offence under paragraph (1)(g), (j) or (o), to imprisonment for a
term not exceeding two years, or a fine, or both; or
(ii) in all other case, to a fine."; and
(gg) paragraph (5) was omitted;
(vi) in Article 32 -
(aa) sub-paragraph (a) and (b) were omitted from paragraph (1); and
(bb) in paragraph (3), for "six months" there was substituted "twelve
months"; and
(vii) in Article 39, paragraphs (4) and (5) were omitted; and
(b) Articles 34(1) and (2) shall apply in relation to offences under Article 31 as it
is applied by sub-paragraph (2)(a)(v).
(3) In Northern Ireland, in relation to pressure equipment or
assemblies for private use or consumption -
(a) it shall be the duty of every district council to enforce these Regulations within
their area and a reference in the provisions applied to these Regulations by sub-paragraph
(b) to an "enforcement authority" shall be construed accordingly;
(b) the provisions of paragraph 2(b) and (c) of this Schedule shall have effect; and
(c) a magistrates' court may try a complaint in respect of an offence committed under
these Regulations if the complaint is made within twelve months from the time when the
offence is committed.
Forfeiture of pressure equipment or assemblies for private use or consumption:
England and Wales and Northern Ireland
4. - (1) An enforcement authority in England
and Wales or Northern Ireland may apply under this paragraph for an order for the
forfeiture of any pressure equipment or assembly for private use or consumption on the
grounds that there has been a contravention in relation thereto of regulation 7, 8, 9 or
10.
(2) An application under this paragraph may be made -
(a) where proceedings have been brought in a magistrates' court in respect of an
offence in relation to some or all of the pressure equipment or assemblies under
regulation 25 to that court; and
(b) where no application for the forfeiture of the pressure equipment or assembly has been
made under sub-paragraph (a), by way of complaint to a magistrates' court.
(3) On application under this paragraph the court shall make an
order for the forfeiture of the pressure equipment or assembly if it is satisfied that
there has been a contravention in relation thereto of regulation 7, 8, 9 or 10.
(4) For the avoidance of doubt it is hereby declared that a court
may infer for the purposes of this paragraph that there has been a contravention in
relation to any pressure equipment or assembly of regulation 7, 8, 9 or 10 if it is
satisfied that those regulations have been contravened in relation to an item of pressure
equipment or assembly which is representative of that pressure equipment or assembly
(whether by reason of being of the same design or part of the same consignment or batch or
otherwise).
(5) Any person aggrieved by an order made under this paragraph by
a magistrates' court, or by a decision of such court not to make such an order, may appeal
against that order or decision -
(a) in England and Wales, to the Crown Court
(b) in Northern Ireland, to the county court,
and an order so made may contain such provision as appears to the court to be
appropriate for delaying the coming into force of an order pending the making and
determination of any appeal (including any application under section 111 of the
Magistrates' Court Act 1980[39], or
article 146 of the Magistrates' Courts (Northern Ireland) Order 1981[40] (statement of case)).
(6) Subject to sub-paragraph (7), where any pressure equipment or
assembly is forfeited under this paragraph it shall be destroyed in accordance with such
directions as the court may give.
(7) On making an order under this paragraph a magistrates' court
may, if it considers it appropriate to do so, direct that the pressure equipment or
assembly to which the order relates shall (instead of being destroyed) be released, to
such person as the court may specify, on condition that that person -
(a) does not supply the pressure equipment or assembly to any person otherwise
than -
(i) to a person who carries on a business of buying pressure equipment or assemblies of
the same description as the first mentioned product and repairing or reconditioning it; or
(ii) as scrap (that is to say, for the value of materials included in the pressure
equipment or assembly rather than for the value of the pressure equipment or assembly
itself); and
(b) complies with any order to pay costs or expenses which has been made against that
person in the proceedings for the order for forfeiture.
Forfeiture of pressure equipment or assemblies for private use or consumption:
Scotland
5. - (1) In Scotland a sheriff may make an
order for forfeiture of any pressure equipment or assembly for private use or consumption
in relation to which there has been a contravention of any provision of regulation 7, 8, 9
or 10 -
(a) on an application by the procurator-fiscal made in the manner specified in section
134 of the Criminal Procedure (Scotland) Act 1995[41]; or
(b) where a person is convicted of any offence in respect of any such contravention, in
addition to any other penalty which the sheriff may impose.
(2) The procurator-fiscal making an application under
sub-paragraph (1)(a) shall serve on any person appearing to him to be the owner of, or
otherwise to have an interest in, the pressure equipment or assembly to which the
application relates a copy of the application, together with a notice giving him the
opportunity to appear at the hearing of the application to show cause why the pressure
equipment or assembly should not be forfeited.
(3) Service under sub-paragraph (2) shall be carried out, and such
service may be proved, in the manner specified for citation of an accused in summary
proceedings under the Criminal Procedure (Scotland) Act 1995.
(4) Any person upon whom a notice is served under sub-paragraph
(2) and any other person claiming to be the owner of, or otherwise to have an interest in,
the pressure equipment or assembly to which an application under this paragraph relates
shall be entitled to appear at the hearing of the application to show cause why the
pressure equipment or assembly as the case may be should not be forfeited.
(5) The sheriff shall not make an order following an application
under sub-paragraph (1)(a) -
(a) if any person on which notice is served under sub-paragraph (2) does not appear,
unless service of the notice on that person is proved; or
(b) if no notice under sub-paragraph (2) has been served, unless the court is satisfied
that in the circumstances it was reasonable not to serve notice on any person.
(6) The sheriff shall make an order under this paragraph only
if he is satisfied that there has been a contravention in relation to the pressure
equipment or assemblies of regulation 7, 8, 9 or 10.
(7) For the avoidance of doubt it is declared that the sheriff may
infer for the purposes of this paragraph that there has been a contravention in relation
to any pressure equipment or assembly of regulation 7, 8, 9 or 10 if he is satisfied that
those regulations have been contravened in relation to an item of pressure equipment or
assembly which is representative of that pressure equipment or assembly (whether by reason
of being of the same design or part of the same consignment or batch or otherwise).
(8) Where an order for the forfeiture of any pressure equipment or
assembly is made following an application by the procurator-fiscal under sub-paragraph
(1)(a), any person who appeared, or was entitled to appear, to show cause why it should
not be forfeited may, within twenty-one days of the making of the order, appeal to the
High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and
section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an
appeal under this sub-paragraph as it applies to a stated case under Part X of that Act.
(9) An order following an application under sub-paragraph (1)(a)
shall not take effect -
(a) until the end of the period of twenty-one days beginning with the day after the day
on which the order is made; or
(b) if an appeal is made under sub-paragraph (8) within that period, until the appeal is
determined or abandoned.
(10) An order under sub-paragraph (1)(b) shall not take
effect -
(a) until the end of the period within which an appeal against the order could be
brought under the Criminal Procedure (Scotland) Act 1995; or
(b) if an appeal is made within that period, until the appeal is determined or abandoned.
(11) Subject to sub-paragraph (12), pressure equipment or
assemblies forfeited under this paragraph shall be destroyed in accordance with such
directions as the sheriff may give.
(12) If he thinks fit, the sheriff may direct the pressure
equipment or assemblies to be released to such person as he may specify, on condition that
that person does not supply it to any person otherwise than -
(a) to a person who carries on a business of buying pressure equipment or assemblies of
the same description as the first-mentioned pressure equipment or assemblies and repairing
or reconditioning it; or
(b) as scrap (that it to say, for the value of materials included in the pressure
equipment or assemblies rather for the value of the pressure equipment or assembly
itself).
Duty of enforcement authority to inform Secretary of State of action taken
6. An enforcement authority shall, where action has been
taken by it to prohibit or restrict the placing on the market, the supply or putting into
service (whether under these Regulations or otherwise) of any pressure equipment or
assembly which bears the CE marking, forthwith inform the Secretary of State of the action
taken, and the reasons for it, with a view to this information being passed by him to the
Commission.
Savings
7. Nothing in these Regulations shall authorise an
enforcement authority to bring proceedings in Scotland for an offence.
Interpretation
8. In this Schedule -
"pressure equipment or assemblies" means pressure equipment or assemblies, as
the case may be, to which these Regulations apply.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations implement the European Parliament and Council Directive 97/23/EC (OJ No.
L181, 9.7.97, p. 1) on the approximation of the laws of the member States concerning
pressure equipment ("the Directive"). They come into force on 29th November 1999
except regulations 1, 2, 20 and 22 which come into force on 31st August.
For the purposes of the Regulations, relevant definitions are contained in regulation 2.
Part II provides for the application of the Regulations. They apply to pressure equipment
and assemblies with a maximum allowable pressure PS greater than 0.5 bar (regulation 3).
The Regulations do not apply to:
(a) the products listed in Schedule 1 (regulation 4);
(b) pressure equipment or assemblies placed on the market before 29th November 1999
(regulation 5); or
(c) pressure equipment or assemblies placed on the market on or before 29th May 2002 if
they comply with the safety provisions in force in the United Kingdom on 28th November
1999 and do not bear the CE marking (unless required by another Community Directive) or
any indication of compliance with the Directive (regulation 6).
Part III sets out the general requirements relating to the placing on the market or
putting into service of pressure equipment and assemblies by a "responsible
person" (as defined). A person is deemed to be a "responsible person" when
he manufactures pressure equipment or assemblies for his own use or imports pressure
equipment or assemblies from a third country, where it is in the course of business
(regulation 2(3)). Pressure equipment or assemblies must satisfy the relevant essential
requirements and be safe; in addition, the appropriate conformity assessment procedure
(regulations 13 and 14) must have been carried out, unless the equipment is to be used for
experimentation (regulation 15), a declaration of conformity drawn up in respect of the
product, and the CE marking must have been affixed to the product by the "responsible
person" (regulations 7 and 8). Where pressure equipment or assemblies fall below the
limits in regulations 7(2) and 8(2) the pressure equipment or assembly must be designed
and manufactured in accordance with sound engineering practice, be accompanied by adequate
instructions for use, bear markings to permit identification of the manufacturer or his
authorised representative established within the Community, and be safe (regulation 9).
Any person, other than the "responsible person", who supplies pressure equipment
or assemblies, must ensure that it is safe (regulation 10). Pressure equipment or
assemblies shall not be regarded as being placed on the market or supplied in the
circumstances described in regulation 11.
The essential safety requirements are set out in Schedule 2, and in that connection, there
is a definition of "relevant essential requirements" in regulation 2. There is a
presumption that the relevant essential requirements are met if the pressure equipment or
assembly complies with transposed harmonised standards (regulations 7(3)(a) and 8(3)(a)(i)
and (b)(i)). Regulation 13 describes the various conformity assessment procedures
available in respect of pressure equipment (Schedule 4) as determined by the category into
which the item of pressure equipment is classified (regulation 12). Regulation 14
describes the conformity assessment procedure for assemblies. The content of the EC
declaration of conformity which is to be drawn up in respect of pressure equipment or
assemblies is set out in Schedule 6. Requirements relating to the CE marking and other
inscriptions for these products are set out in regulation 16 and Schedule 5. For the
purposes of these Regulations there is a definition of "safe" in regulation 2.
Regulation 18 describes a body which can be a "notified body" for the purpose of
these Regulations and regulation 19 describes a body which can be a "recognised
third-party organisation" for the purposes of these Regulations, and the provisions
of regulation 20 relate to "notified bodies" and "recognised third-party
organisations" appointed by the Secretary of State. Regulation 21 provides for the
United Kingdom notified bodies to charge fees. Regulation 17 provides for the issue in
accordance with Schedule 7 of European approvals for materials by notified bodies
designated for that task. Regulation 22 provides for the appointment of "user
inspectorates" (as defined) to carry out specified conformity assessment procedures.
Regulation 23 describes the circumstances under which pressure equipment or assemblies
might be taken to conform with the provisions of the Regulations.
Part IV and Schedule 8 provide for the enforcement of the Regulations. In Great Britain,
the Health and Safety Executive are to enforce the Regulations in respect of pressure
equipment and assemblies intended for use in the workplace and the weights and measures
authorities are the enforcement authorities in respect of such products for private use;
in Northern Ireland, the Health and Safety Executive for Northern Ireland is the
enforcement authority for products intended for use in the workplace, and district
councils are the enforcement authorities for products for private use. Except in the case
of pressure equipment or assemblies which are considered to be unsafe, where an
enforcement authority suspects that the CE marking has been incorrectly affixed to an item
of pressure equipment or an assembly a notice may be served requiring compliance with the
provisions of the Regulations; it is only following a breach of that notice that
enforcement action can be taken in those circumstances. However, specific enforcement
provisions can be used for the purpose of ascertaining whether or not the CE marking has
been correctly affixed. Any person who contravenes regulations 7, 8, 9 or 10 shall be
guilty of an offence under regulation 25 and the penalties attracted by those offences are
set out in regulation 26. A defence of due diligence is provided in regulation 27 and the
liability of persons other than the principal offender is set out in regulation 28.
Some consequential amendments are made by regulation 29.
A Regulatory Impact Assessment in respect of these Regulations is available and a copy can
be obtained from the Department of Trade and Industry, Standards and Technical Regulations
Directorate, 3rd Floor, 151 Buckingham Palace Road, London, SW1W 9SS. A copy has also been
placed in the libraries of both Houses of Parliament.
Copies of relevant documents may be obtained as follows -
(a) Regulations concerning the International Carriage of Dangerous Goods by Rail (RID)
[ISBN 0-11-550814-7], from Her Majesty's Stationery Office:
(b) the International Maritime Dangerous Goods Code [ISBN 92 801 1125 6], from the
International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.
(c) the European Agreement concerning the International Carriage of Dangerous Goods by
Road (ADR) [ISBN-011-550735-3], from Her Majesty's Stationery Office.
(d) A copy of the Chicago Convention (numbered Doc. 7300/6) can be obtained from the Civil
Aviation Authority, Printing and Publications Service, Greville House, 37 Gratton Road,
Cheltenham, Glos. GL50 2BN.
Notes:
[36] In section 22, subsections (1) and (2) were amended and subsection
(4) was added by paragraph 2, of Schedule 3 to, and section 36 of, the Consumer Protection
Act 1987 (c.43). Sections 25A and 27A were inserted by paragraphs 3 and 4 respectively,
and section 28(1)(a) was amended by paragraph 5 of Schedule 3 to and section 36 of, 1987
c.43; section 27 was amended by the repeal of subsection (2)(b) and the word
"or" immediately preceding it by section 29(3) and (4) of, paragraph 10(1) and
(2) of Schedule 6 and Schedule 7 to, the Employment Act 1989 (c.38), and in subsection (3)
by section 33(1) of, and paragraph 7(a) of Part II of Schedule 3 to, the Employment Act
1988 (c.19) and section 29(3) of, and paragraph 10(3) of Schedule 6 to, 1989 c.38.back
[37] Section 33 was amended in subsection (1) in paragraph (h) by
section 36 of, and paragraph 6 of Schedule 3 to, 1987 c.43, and in paragraph (m) by
section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981
(c.45); in subsection (2) as it applies to England and Wales by section 46 of the Criminal
Justice Act 1982 (c.48).back
[38] Article 24(1) and (2) was amended, and Article 24(3) substituted,
by Article 28 of, and paragraph 3 of Schedule 2 to, the Consumer Protection (Northern
Ireland) Order 1987 S.I. 1987/2049 (N.I. 20). Article 26(4) was repealed by Article 35 of,
and Schedule 4 to, the Industrial Training (Northern Ireland) Order 1984 S.I. 1984/1159
(N.I. 9). Articles 27A and 29A were inserted, and Articles 30(1)(a) and 31(1)(h) amended,
by Article 28 of, and paragraphs 4, 5, 6 and 7 respectively of Schedule 2 to, S.I.
1987/2049 (N.I. 20). Article 29(2) to (4) was repealed by Article 10(1)(c) of the
Statistics of Trade and Employment (Northern Ireland) Order 1988 S.I. 1988/595 (N.I. 3).
Article 31(1)(m) was amended by Article 10(1)(c) of S.I. 1988/595 (N.I. 3); Article
31(1)(j) was amended by Article 13(3) of, and Schedule 5 to, the Criminal Justice
(Northern Ireland) Order 1986 S.I. 1986/1883 (N.I. 15); Article 31(1A) and (2A) was
respectively inserted by Article 6(3) and (4) of the Offshore, and Pipelines, Safety
(Northern Ireland) Order 1992 S.I. 1992/1728 (N.I. 17); Article 31(4) was amended by
Article 6(5) of S.I. 1992/1728 (N.I. 17); Article 31(5)(d) and (6) was repealed by Article
6(6) of S.I. 1992/1728 (N.I. 17); and Article 31(7) was repealed by section 30 of, and
Part III of the Schedule to, the Forgery and Counterfeiting Act 1981 (c.45). There are
other amendments to Articles 31 and 32 which are not relevant to these Regulations.back
[39] 1980 c.43.back
[40] S.I. 1981/1675 (N.I. 26).back
[41] 1995 c.46.back
[42] 1974 c.37.back
[43] 1987 c.43.back
ISBN 0 11 082790 2
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