The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2011

Document Number:2011 No. 365
Coming into force:Coming into force on the 16/06/2010
 
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Statutory Rules of Northern Ireland

Health And Safety

Made

18 th October 2011

Coming into operation

10 th November 2011

The Department of Enterprise, Trade and Investment(1) , being the Department concerned(2) , makes the following Regulations in exercise of the powers conferred by Articles 17(1) to (6) , 40(2) to (4) , 55(2) of, and paragraphs 1 ,2 ,3(1) , 5 to 8 , 10 to 15 and 19 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978(3) (“the 1978 Order”).

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1 A)(4) of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)(5).

Citation and commencement

  1. These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 and come into operation on 10 th November 2011.

    Amendment of Regulations

  2. The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010(6) are amended in accordance with regulations 3 to 10.

    Interpretation – General

  3. —(1) In regulation 2 , the Table in paragraph (5) is amended as follows.

    (2) For the row containing the expression and meaning of “conformity mark”, substitute—

    (3) Before the row in which the expression “conformity mark” is given a meaning, insert—

    (4) After the row in which the expression “the Dangerous Goods Directive” is given a meaning, insert—

    (5) After the row in which the expression “national carriage” is given a meaning, insert—

    (6) After the row in which the expression “the security provisions” is given a meaning, insert—

    (7) For the row containing the expression and meaning of “the Transportable Pressure Equipment Directive” substitute—

    Interpretation of ADR, RID and ADN

  4. —(1) Regulation 3 is amended as follows.

    (2) In paragraphs (b) and (c) , for “Communities” substitute “EU”.

    (3) Omit paragraphs (f) , (g) , and (h).

    (4) In paragraph (k) , at the end, omit “and”.

    (5) In paragraph (l) , at the end, for “.” substitute—

    “;

    (m) Sub-sections 2.2.1.1.2 , 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a Contracting Party” were included after the word “assigned”; and

    (n) Sub-sections 2.2.1.1.2 , 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a Member State of COTIF” were included after the word “assigned”.”.

    Obligations relating to the Transportable Pressure Equipment Directive

  5. —(1) For regulation 15 , substitute—

    “Scope of Obligations

  6. —(1) Regulations 15 A to 15 F apply to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)(a) of that Directive.

    (2) For the avoidance of doubt, any reference in those regulations to a manufacturer, importer, distributor, owner or operator as “it” is not to be construed as excluding a natural person.”.

    (2) After regulation 15 , insert—

    “General Obligations

    15 A.—(1) A manufacturer, importer, distributor, owner or operator may only place or make available on the market, put into service or use equipment if it ensures that the equipment meets the requirements of the Dangerous Goods Directive.

    (2) On receipt of a request from the Health and Safety Executive for Northern Ireland, a manufacturer, importer, distributor, owner or operator must identify to the Executive any manufacturer, importer, distributor or owner who has supplied it with, or to whom it has supplied, equipment over at least the previous 10 years.

    (3) A request made pursuant to paragraph (2) must—

    (a) be in writing; and

    (b) contain a date by which a response is to be provided with that date being reasonable in all the circumstances.

    (4) Paragraph (5) applies where a manufacturer, importer, distributor or owner provides to an operator information about equipment it has placed or made available on the market, or put into service.

    (5) The information must comply with the Directives.

    (6) This regulation does not apply to an owner who is a private individual using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.

    Obligations of Manufacturers

    15 B.—(1) A manufacturer must—

    (a) ensure a conformity assessment is carried out by a notified body;

    (b) mark equipment in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive; and

    (c) keep the technical documentation specified in the Dangerous Goods Directive for the period specified in that Directive.

    (2) Where a manufacturer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that manufacturer must—

    (a) take immediate corrective measures to ensure that the equipment complies with the Directives,

    (b) withdraw the equipment from the market, or

    (c)...

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