Statutory Instrument 2000 No. 128
The Pressure Systems Safety Regulations 2000
(The document as of February, 2008. Arhiv.Online Library)
2000 No. 128
HEALTH AND SAFETY
The Pressure Systems Safety Regulations 2000
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a) and (b), (4), (5), (6)(a) and (b) and (9), 47(3) and 82(3)(a) of, and paragraphs 1(1)(a) and (c), (2) and (3), 14, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1.These Regulations may be cited as the Pressure Systems Safety Regulations 2000 and shall come into force on 21st February 2000.
2. - (1) In these Regulations, unless the context otherwise requires-
(b) whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out, and for this purpose "normal maintenance" means such maintenance as it is reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system) to ensure is carried out independently of any advice from the competent person making the examination;
(b) the pipework with its protective devices to which a transportable pressure receptacle is, or is intended to be, connected; or
(c) a pipeline and its protective devices,
which contains or is liable to contain a relevant fluid, but does not include a transportable pressure receptacle;
(b) any fluid or mixture of fluids which is at a pressure greater than 0.5 bar above atmospheric pressure, and which fluid or mixture of fluids is-
(ii) a liquid which would have a vapour pressure greater than 0.5 bar above atmospheric pressure when in equilibrium with its vapour at either the actual temperature of the liquid or 17.5 degrees Celsius; or
(c) a gas dissolved under pressure in a solvent contained in a porous substance at ambient temperature and which could be released from the solvent without the application of heat;
(b) a quarry within the meaning of regulation 3 of the Quarries Regulations 1999 it means the operator for the time being of that quarry.
(2) Any reference in these Regulations to anything being in writing or written (including any reference to anything being kept in writing) shall include reference to its being in a form-
(b) which is secure from loss or unauthorised interference.
(3) In these Regulations, unless the context otherwise requires, any reference to-
(b) a numbered paragraph is a reference to that paragraph so numbered in the regulation or Schedule in which that reference appears.
Application and duties
(b) outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of articles 7 and 8(a) of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 save in relation to anything to which articles 4 to 6 of that Order apply.
(2) Subject to Schedule 1 (which sets out exceptions to the Regulations), these Regulations shall apply to or in relation to pressure systems which are used or intended to be used at work.
(b) who designs or manufactures such a system or article shall extend only to matters within his control.
(5) The provisions of Schedule 2 (which relate to the modification of duties in cases where pressure systems are supplied by way of lease, hire or other arrangements) shall have effect.
Design and construction
4. - (1) Any person who designs, manufactures, imports or supplies any pressure system or any article which is intended to be a component part of any pressure system shall ensure that paragraphs (2) to (5) are complied with.
(2) The pressure system or article, as the case may be, shall be properly designed and properly constructed from suitable material, so as to prevent danger.
(3) The pressure system or article, as the case may be, shall be so designed and constructed that all necessary examinations for preventing danger can be carried out.
(4) Where the pressure system has any means of access to its interior, it shall be so designed and constructed as to ensure, so far as practicable, that access can be gained without danger.
(5) The pressure system shall be provided with such protective devices as may be necessary for preventing danger; and any such device designed to release contents shall do so safely, so far as is practicable.
Provision of information and marking
5. - (1) Any person who-
(b) supplies (whether as manufacturer, importer or in any other capacity) any pressure system or any such article, shall provide sufficient written information concerning its design, construction, examination, operation and maintenance as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.
(2) The employer of a person who modifies or repairs any pressure system shall provide sufficient written information concerning the modification or repair as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.
(b) in the case of paragraph (1)(b), be provided with the pressure system or article when it is supplied by that person;
(c) in the case of paragraph (2), be provided to the user of the system immediately after the modification or repair.
(4) Any person who manufactures a pressure vessel shall ensure that before it is supplied by him the information specified in Schedule 3 is marked on the vessel, or on a plate attached to it, in a visible, legible and indelible form; and no person shall import a pressure vessel unless it is so marked.
(b) ensure that the system is legibly and durably marked with such safe operating limits and that the mark is clearly visible.
Written scheme of examination
(b) every pressure vessel and every pipeline in which (in either case) a defect may give rise to danger; and
(c) those parts of the pipework in which a defect may give rise to danger,
and such parts of the system shall be identified in the scheme.
(b) ensure that-
(ii) the content of the scheme is modified in accordance with any recommendations made by that competent person arising out of that review.
(3) No person shall draw up or certify a scheme of examination under paragraph (2)(a) unless the scheme is suitable and-
(b) specifies any measures necessary to prepare the pressure system for safe examination other than those it would be reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system) to take without specialist advice; and
(c) where appropriate, provides for an examination to be carried out before the pressure system is used for the first time.
(4) References in paragraphs (2) and (3) to the suitability of the scheme are references to its suitability for the purposes of preventing danger from those parts of the pressure system included in the scheme.
(b) before each examination take all appropriate safety measures to prepare the system for examination, including any such measures as are specified in the scheme of examination pursuant to regulation 8(3)(b).
(2) Where a competent person undertakes an examination for the purposes of paragraph (1) he shall carry out that examination properly and in accordance with the scheme of examination.
(b) before the date specified in the report under paragraph (5)(b),
whichever is sooner.
(b) specify any repairs or modifications to, or changes in the established safe operating limits of, the parts examined which, in the opinion of the competent person, are necessary to prevent danger or to ensure the continued effective working of the protective devices, and specify the date by which any such repairs or modifications must be completed or any such changes to the safe operating limits must be made;
(c) specify the date within the limits set by the scheme of examination after which the pressure system may not be operated without a further examination under the scheme of examination; and
(d) state whether in the opinion of the competent person the scheme of examination is suitable (for the purpose of preventing danger from those parts of the pressure system included in it) or should be modified, and if the latter state the reasons.
(6) The user of an installed system and the owner of a mobile system which has been examined under this regulation shall ensure that the system is not operated, and no person shall supply such a mobile system for operation, after (in each case)-
(b) the date specified under paragraph (5)(c) (or, if that date has been postponed under paragraph (7), the postponed date) unless a further examination has been carried out under the scheme of examination.
(7) The date specified in a report under paragraph (5)(c) may be postponed to a later date by agreement in writing between the competent person who made the report and the user (in the case of an installed system) or owner (in the case of a mobile system) if-
(b) only one such postponement is made for any one examination; and
(c) such postponement is notified by the user or owner in writing to the enforcing authority for the premises at which the pressure system is situated, before the date specified in the report under paragraph (5)(c).
(8) Where the competent person referred to in paragraph (7) is the user (in the case of an installed system) or owner (in the case of a mobile system) the reference in that paragraph to an agreement in writing shall not apply, but there shall be included in the notification under sub-paragraph (c) of that paragraph a declaration that the postponement will not give rise to danger.
(b) in the case of a mobile system, to the owner and to the user, if any,
and the competent person shall within 14 days of the completion of the examination send a written report containing the same particulars to the enforcing authority for the premises at which the pressure system is situated.
(b) the owner of a mobile system, he shall take all reasonably practicable steps to ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated,
until the repairs, modifications or changes, as the case may be, have been carried out or made.
(b) the action to be taken in the event of any emergency.
(2) The user of a pressure system shall ensure that it is not operated except in accordance with the instructions provided in respect of that system under paragraph (1)(a).
(b) any such previous reports if they contain information which will materially assist in assessing whether-
(ii) any repairs or modifications to the system can be carried out safely;
(ii) instructions specified in section 3.4 of Annex I to Directive 97/23/EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning pressure equipment, which Annex is set out in Schedule 2 to the Pressure Equipment Regulations 1999, and provided pursuant to regulation 7(1) and (3) or 8(1) and (3)(b)(i) of those Regulations,
which relate to those parts of the pressure system included in the scheme of examination; and
(2) Anything required to be kept by this regulation shall be kept-
(b) in the case of a mobile system, at the premises in Great Britain from which the deployment of the system is controlled;
(c) in a case to which regulation 2(2) applies, by means whereby it is capable of being reproduced as required by regulation 2(2)(a) at the premises referred to in sub-paragraph (a) or (b) as appropriate.
(3) Where the user or owner of a pressure system or part thereof changes, the previous user or owner shall as soon as is practicable give to the new user or owner in writing anything (relating to the system or part thereof, as the case may be) kept by him under this regulation.
(b) which could become a pressure vessel if that outlet were obstructed.
(2) The user of a vessel to which this paragraph applies shall ensure that the outlet referred to in sub-paragraph (a) of paragraph (1) is at all times kept open and free from obstruction when the vessel is in use.
16. - (1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove-
(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(2) The person charged shall not, without the leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days-
(b) before the intermediate diet, where the proceedings are summary proceedings in Scotland; or
(c) before the first diet, where the proceedings are solemn proceedings in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
(b) any other requirement imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety or persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
These Regulations shall not apply to-
1.A pressure system which forms part of the equipment of-
(b) a spacecraft, aircraft, hovercraft or hydrofoil.
2.A pressure system which forms part of, or is intended to form part of, a weapons system.
(b) pressurised unintentionally, such pressurisation being not reasonably foreseeable; or
(c) a pipeline pressurised by a relevant fluid solely as part of a test or line clearance operation, but this exception shall not apply if the pipeline-
(ii) is pressurised beyond its safe operating limits.
5.Any pipeline and its protective devices in which the pressure does not exceed 2 bar above atmospheric pressure (or 2.7 bar above atmospheric pressure if the normal pressure does not exceed 2 bar and the overpressure is caused solely by the operation of a protective device).
(b) comprises temporary apparatus being used in a research experiment,
if, in the case of regulations 4, 5, 6, 7, 11, 13 and 14, it is not reasonably practicable to comply with them.
(b) to the conditions determined by an agreement relating to such carriage between the United Kingdom and another State under Article 5(2) of CIM.
11.Any pressure system being carried in a vehicle if the vehicle is registered outside the United Kingdom and the carriage is confined to Great Britain but nevertheless conforms with the provisions of the European Agreement concerning the international carriage of dangerous goods by road signed in Geneva on 30th September 1957 as revised or re-issued from time to time ("the ADR ").
(b) complies with the conditions contained in Annexes A and B to the ADR; and
(c) is certified pursuant to the ADR as complying with it,
or if the vehicle is engaged in a transport operation subject to a special bilateral or multilateral agreement to which Article 4 of the ADR refers and to which the United Kingdom is a Contracting Party.
1.Regulations 4 and 5(1) and (4) shall not apply to-
(b) pressure equipment or assemblies within the meaning of the Pressure Equipment Regulations 1999 to which regulation 7(1), 8(1), 9(1) or 10 of those Regulations apply.
2. - (1) Subject to sub-paragraph (2), regulations 5(4), 8 to 10 and 14 shall not apply to a pressure system containing a relevant fluid (other than steam) if the product of the pressure in bar and internal volume in litres of its pressure vessels is in each case less than 250 bar litres.
(b) it has been used in such carriage, has been temporarily removed from a vehicle and is present solely for the purpose of unloading the goods from it.
(b) During such time as the agreement is in force the supplier shall discharge the duties of the user under the said provisions.
(c) It shall be a defence in any proceedings against the user of an installed system-
(ii) in any civil proceedings for breach of duty (mentioned in section 47(2) of the 1974 Act) imposed by any such provisions,
for that person to prove that the supplier had agreed in writing to be responsible for discharging the user's duty at the relevant time.
2.Where a person supplies a pressure system to another ("the customer ") under a hire-purchase agreement, conditional sale agreement, or lease, and-
(b) in the course of that business he acquired his interest in the pressure system supplied to the customer as a means of financing its acquisition by that customer (or, in the case of a lease, its provision to that customer); and
(c) in the case of a lease he or his agent either has not had physical possession of that pressure system, or has had physical possession of it only for the purpose of passing it on to the customer,
the customer and not the person who provided the finance shall be treated for the purpose of these Regulations as being the owner of the pressure system, and duties placed on owners in these Regulations shall accordingly fall on the customer and not on the person providing the finance.
The information referred to in regulation 5(4) is as follows-
1.The manufacturer's name.
2.A serial number to identify the vessel.
3.The date of manufacture of the vessel.
4.The standard to which the vessel was built.
5.The maximum allowable pressure of the vessel.
6.The minimum allowable pressure of the vessel where it is other than atmospheric.
7.The design temperature.
(This note is not part of the Regulations)
1.These Regulations re-enact with amendments the Pressure Systems and Transportable Gas Containers Regulations 1989 ("the 1989 Regulations") as amended. The 1989 Regulations imposed safety requirements with respect to pressure systems which are used or intended to be used at work. They also imposed safety requirements to prevent certain vessels from becoming pressurised. The Regulations specified a number of exceptions. In addition to minor and drafting amendments, these Regulations make the following changes of substance.
2.These Regulations modify and extend provision for sending, keeping and passing on in electronic form reports of examinations. Paragraphs (1) to (3) of regulation 13 (keeping of records, etc.) of the 1989 Regulations contained requirements for the keeping of specified "documents" or copies thereof and, on a change of user or owner, for passing them to the new user or owner; paragraphs (4) to (7) allowed a person making a written report of an examination under regulation 9(3) of those Regulations to do so in electronic form, and a user to keep the report in such form, rather than as a document. Paragraph (2) of regulation 2 is new. It provides that references to anything in writing or written includes its being in a form in which it is capable of being reproduced as a written copy; regulation 9(3) no longer requires a report to be signed; and regulation 14, in re-enacting regulation 13(1) to (3) of the 1989 Regulations, requires information to be kept and passed on, whether or not it has been supplied as a document.
3.Pressure systems to which the Medical Devices Regulations 1994 apply, other than those which contain or are liable to contain steam, and pressure equipment and assemblies to which certain of the Pressure Equipment Regulations 1999 apply, are excluded from the application of regulations 4 (design and construction) and 5(1) and (4) (provision of information and marking) (regulation 3(2) and paragraph 1 of Part II of Schedule 1).
4.The relief from regulations 5(4), 8 to 10 and 14 afforded by paragraph 2(1) of Part II of Schedule 1 (paragraph 1 of that Part in the 1989 Regulations) applies if the product of the pressure and internal volume of each of the pressure vessels of a pressure system (rather than, as formerly, of its largest vessel) is less than 250 bar litres; paragraph 2(1) does not (as did paragraph 1 aforesaid) afford relief from regulation 11 (operation); paragraph 2(2) contains transitional provision.
5.A copy of the regulatory impact assessment prepared in respect of these Regulations may be obtained from the Economic Adviser's Unit, Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. Copies have been placed in the Library of each House of Parliament.
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[a] Amended by Correction Slip. Page 8, Part II, regulation 14(1)(c)(i), after "to regulation 5" delete "this regulation" substitute "these Regulations". back
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