The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/678

2020 No. 678

Exiting The European Union, Northern Ireland

Health And Safety, Northern Ireland

Consumer Protection, Northern Ireland

The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020

Made 2nd July 2020

Laid before Parliament 2nd July 2020

Coming into force in accordance with regulation 1(b)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.

S-1 Citation, commencement and extent

Citation, commencement and extent

1. These Regulations—

(a) may be cited as the Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020;

(b) come into force on IP completion day; and

(c) extend to Northern Ireland only.

S-2 Amendments to the Simple Pressure Vessels (Safety) Regulations 2016

Amendments to the Simple Pressure Vessels (Safety) Regulations 2016

2. Schedule 1 makes amendments to the Simple Pressure Vessels (Safety) Regulations 20162.

S-3 Amendment to the Pressure Equipment (Safety) Regulations 2016

Amendment to the Pressure Equipment (Safety) Regulations 2016

3. Schedule 2 makes amendments to the Pressure Equipment (Safety) Regulations 20163.

Paul Scully

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

At 11.50 a.m. on 2nd July 2020

SCHEDULE 1

Regulation 2

Amendments to the Simple Pressure Vessels (Safety) Regulations 2016

SCH-1.1

1 The Simple Pressure Vessels (Safety) Regulations 2016 are amended in accordance with paragraphs 2 to 8.

SCH-1.2

2 Amendment to interpretation

(1) In regulation 2(4)—

(a)

(a) in the following definitions, for “Member State” substitute “relevant state”—

(i) “accreditation certificate”;

(ii) “competent national authority”;

(b)

(b) in the definition of “authorised representative” for “the EU” substitute “a relevant state”;

(c)

(c) in the definition of “importer”—

(i) in sub-paragraph (a) for “the EU” substitute “a relevant state”;

(ii) in sub-paragraph (b) for “EU” substitute “relevant”;

(d)

(d) in the following definitions for “EU” substitute “relevant”—

(i) “make available on the market”;

(ii) “place on the market”;

(e)

(e) after the definition of “relevant economic operator” insert—

““relevant market” means—

(a) the market in Northern Ireland; and

(b) the markets of the EEA states;

“relevant state” means—

(a) Northern Ireland; or

(b) any EEA state;”.

(2) Omit regulation 2(6).

(3) In regulation 2(7)(b) for “Member State” substitute “relevant state”.

SCH-1.3

3 Amendment to Part 2

(1) In regulations 4(2), 11(3), 12(1) and (3), 20(a), 21(2), 22(1) and (3), 25(2), 29(a)(ii), 31(a)(ii) and (2) and 36(1) for “Member State” substitute “relevant state”.

(2) In regulations 12(3), 22(3), 31(2) and 36(2) for “the United Kingdom” substitute “Northern Ireland”.

(3) In regulations 13(2) and 33(2) for “Member States” substitute “relevant state”.

SCH-1.4

4 Amendment to Part 3

In regulation 42 for “Member State” substitute “relevant state”.

SCH-1.5

5 Amendment to Part 4

In regulations 45(1)(a) and (b), 46(1) and (6), 51(5) and 52(1) for “Member States” substitute “relevant states”.

SCH-1.6

6 Amendment to Part 5

(1) In regulation 59—

(a)

(a) in paragraphs (3), (4) and (5)(a), for “the United Kingdom” substitute “Northern Ireland”;

(b)

(b) in paragraph (4) and (7) for “Member States” substitute “relevant states”;

(c)

(c) at the beginning of paragraph (4) insert “Subject to paragraph (4A),”;

(d)

(d) after paragraph (4) insert—

SCH-1.4A

4A. Paragraph (4) does not require the Secretary of State to inform the Commission or other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.”;

(e)

(e) in paragraph (5)(b) for “the United Kingdom market” substitute “market in Northern Ireland”;

(f)

(f) in paragraph (10) omit “throughout the EU”.

(2) In regulation 60—

(a)

(a) in paragraphs (1), (3) and (4) for “Member State” substitute “relevant state”;

(b)

(b) in paragraph (2)—

(i) for “Member State” in the first place in which it occurs substitute “relevant state”;

(ii) for “Member States” substitute “relevant states”;

(iii) in sub-paragraph (a) after “taken” insert “in Northern Ireland”;

(iv) omit paragraph (2)(c) and the “and” which precedes it;

(c)

(c) in paragraph (3) after “are taken” insert “in Northern Ireland”;

(d)

(d) in paragraph (4) for “the United Kingdom market” substitute “market in Northern Ireland”;

(e)

(e) at the end of paragraphs (6) and (7) insert “in respect of Northern Ireland”.

(3) In regulation 61—

(a)

(a) in paragraph (3)—

(i) at the beginning insert “Subject to paragraph (3A),”;

(ii) for “Member States” substitute “relevant states”;

(b)

(b) after paragraph (3) insert—

SCH-1.3A

3A. Paragraph (3) only applies to measures taken in Northern Ireland.”.

SCH-1.7

7 Amendment to Part 6

(1) In regulation 75(2) for “Member States” substitute “relevant states”.

(2) In regulation 76 for “Member State’s” substitute “relevant state’s”.

SCH-1.8

8 Amendment to Schedules

(1) In Schedule 2—

(a)

(a) in paragraphs 8(3) and (4) for “member States” substitute “relevant states”;

(b)

(b) in paragraph 12(3) for “Member State” substitute “relevant state”;

(c)

(c) in paragraphs 12(9) and 16(6) for “Member States” substitute “relevant states”;

(2) In Schedule 8 in paragraphs 2(8) and 3(13) for “the United Kingdom” substitute “Northern Ireland”.

SCHEDULE 2

Regulation 3

Amendments to the Pressure Equipment (Safety) Regulations 2016

SCH-2.1

1 The Pressure Equipment (Safety) Regulations 2016 are amended in accordance with paragraphs 2 to 8.

SCH-2.2

2 Amendment to Part 1

(1) In regulation 2(1)—

(a)

(a) in the definition of “accreditation certificate” for “member State” substitute “relevant state”;

(b)

(b) in the definition of “authorised representative” for “within the EU” substitute “in a relevant state”;

(c)

(c) in the definition of “economic operator” after “manufacturer,” insert “an authorised representative,”;

(d)

(d) in the definition of “importer”—

(i) in sub-paragraph (a) for “the EU” substitute “a relevant state”;

(ii) in sub-paragraph (b) for “EU” substitute “relevant”;

(e)

(e) in the following definitions for “EU” substitute “relevant”—

(i) “make available on the market”;

(ii) “place on the market”;

(f)

(f) after the definition of “relevant economic operator” insert—

““relevant market” means—

(a) the market in Northern Ireland; and

(b) the markets of the EEA states;

“relevant state” means—

(a) Northern Ireland; or

(b) any EEA state;”.

(2) Omit regulation 2(5).

(3) In regulations 2(7)(b) and 8(2)(a) for “Member State” substitute “relevant state”.

SCH-2.3

3 Amendment to Part 2

(1) In regulations 13(3), 17(2),...

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