STATUTORY INSTRUMENTS.

S.I. No. 400 of 1999.

EUROPEAN COMMUNITIES (PRESSURE EQUIPMENT) REGULATIONS, 1999

S.I. No. 400 of 1999.

EUROPEAN COMMUNITIES (PRESSURE EQUIPMENT) REGULATIONS, 1999

S.I. No. 400 of 1999.

EUROPEAN COMMUNITIES (PRESSURE EQUIPMENT) REGULATIONS, 1999

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997⁽¹⁾ on the approximation of the laws of the Member States concerning pressure equipment, hereby make the following Regulations:

Citation.

1. These Regulations may be cited as the European Communities (Pressure Equipment) Regulations, 1999.

Interpretation.

2. (1) In these Regulations--

“approved body” means--

(a) an approved body in the State, or

(b) a body to which Article 12 of the Directive relates, approved by a Member State (other than the State);

“approved body in the State” shall be construed in accordance with Regulation 11;

“appropriate fee” shall be construed in accordance with Regulation 16;

“authorised officer” has the meaning assigned to it by Regulation 19;

“Authority” means the National Authority for Occupational Safety and Health;

“CE marking” shall be construed in accordance with Regulation 18;

“Directive” means Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997⁽¹⁾ ;

“functions” includes powers and duties;

“Member State” means a Member State of the European Communities;

“Minister” means Minister for Enterprise, Trade and Employment;

“premises” means any place, ship or other vessel, aircraft, railway wagon or other vehicle;

“recognised third-party organisation” means--

(a) a recognised third-party organisation in the State,

(b) a body to which Article 13 of the Directive relates, approved by a Member State (other than the State);

“recognised third-party organisation in the State” shall be construed in accordance with Regulation 12;

“user inspectorate” means a body appointed under Regulation 13.

(2) A word or expression that is used in these Regulations and is also used in the Directive, has the same meaning in these Regulations as it has in the Directive.

(3) In these Regulations--

(a) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulation is intended, and

(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Application.

3. (1) These Regulations apply to the design, manufacture and conformity assessment of pressure equipment and assemblies with a maximum allowable pressure PS greater than 0,5 bar.

(2) These Regulations do not apply to the equipment and items referred to in Article 1.3 of the Directive.

(3) These Regulations do not apply to pressure equipment and assemblies placed on the market before 29th November 1999.

(4) Notwithstanding these Regulations it shall be lawful for a person to place on the market until 29th May 2002, and to put into service beyond that date, pressure equipment or assemblies which comply with any provision with which they would have been required to comply for them to be placed on the market in the State before the making of these Regulations.

Prohibition on placing on the market of certain pressure equipment and assemblies.

4. (1) Pressure equipment or assemblies shall not be placed on the market or put into service if, when properly installed and maintained and used for their intended purpose, they are liable to endanger the health and safety of persons and, where appropriate, domestic animals or property.

(2) Pressure equipment referred to in paragraphs 1.1, 1.2, 1.3 and 1.4 of Article 3 of the Directive shall not be placed on the market or put into service unless it satisfies the essential requirements set out in Annex 1 to the Directive.

(3) Assemblies which--

(a) include at least one item of pressure equipment to which paragraph (2) applies, and

(b) are listed in paragraphs 2.1, 2.2 and 2.3 of Article 3 of the Directive.

shall not be placed on the market or put into service unless they satisfy the essential requirements set out in Annex 1 to the Directive.

(4) In complying with the requirements of Annex 1 to the Directive, the information referred to in sections 3.3 and 3.4 of that Annex shall, to the extent that it is necessary for the safe and correct use of pressure equipment or assemblies, be given in the English language.

(5) Pressure equipment below or equal to the limits set down in sections 1.1, 1.2 and 1.3 of Article 3 of the Directive, or assemblies below or equal to the limits set down in section 2 of that Article, shall not be placed on the market or put into service unless--

(i) they have been designed and manufactured in accordance with sound engineering practice in order to ensure safe use,

(ii) they are accompanied by, in the English language, adequate instructions for use,

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

(iv) do not bear the CE marking.

(6) A person who contravenes a provision of this Regulation shall be guilty of an offence.

(7) An authorised officer may enter any premises in which he or she has reasonable grounds for believing are to be found pressure equipment or an assembly which contravenes paragraph (1) and seize therein any such equipment or assembly and retain same until the conclusion of any proceedings for a contravention of paragraph (1) relating to the equipment or assembly seized.

(8) If a person is convicted of an offence under paragraph (1), the court may order the pressure equipment or assembly in respect of which the offence has been committed, where it is of the opinion that the equipment or assembly is likely to continue to endanger the health and safety of persons or, where appropriate, domestic animals or property, to be forfeited and either destroyed or otherwise disposed of in such manner as the court may determine.

Exhibiting or demonstrating of pressure equipment or assemblies.

5. (1) A person may exhibit or demonstrate the operation of pressure equipment or of an assembly that fails to comply with these Regulations or the Directive:

Provided that--

(a) he displays a sign, at the place where the pressure equipment or assembly is being exhibited or its operation is being demonstrated, that is clearly visible and legible stating that--

(i) the pressure equipment or assembly, as the case may be, does not comply with these Regulations or the Directive, and

(ii) the pressure equipment or assembly, as the case may be, will not be for sale until the manufacturer or his authorised representative established within the Community takes such steps as are necessary to ensure compliance of the said pressure equipment or assembly with these Regulations and the Directive,

and

(b) he takes such measures as will ensure the safety of persons present while the pressure equipment is being exhibited or its operation is being demonstrated.

(2) A person who fails to comply with this Regulation shall be guilty of an offence.

Presumption of compliance with these Regulations.

6. (1) Any pressure equipment or assembly bearing the CE marking which is accompanied by the EC declaration of conformity referred to in Annex VII to the Directive shall be deemed to comply with these Regulations.

(2) Pressure equipment and assemblies which conform to the national standards transposing the harmonised standards the reference numbers of which have been published in the Official Journal of the European Communities shall be presumed to conform to the essential requirements referred to in paragraphs (2) and (3) of Regulation 4.

Direction given by the Minister or the Authority.

7. (1) Where the Minister or the authority is of the opinion that a person is placing on the market or has placed on the market pressure equipment or an assembly bearing the CE marking which, when used in accordance with its intended use is likely to endanger the safety of persons and, where appropriate, domestic animals or property, the Minister or the Authority, as the case may be, may, by direction in writing given to that person, prohibit him from placing or continuing to place on the market such pressure equipment or assembly, as the case may be, or require him to take all practicable steps to withdraw from the market such pressure equipment or assembly.

(2) Where a direction is given under paragraph (1) by the Authority it shall immediately inform the Minister of having given such direction indicating the reasons for having done so and stating in particular whether such direction was given for a reason set out in Article 8.1 of the Directive.

(3) Where the Minister or the Authority is of the opinion that pressure equipment or an assembly which bears the CE marking does not comply with the provisions of the Directive, the Minister or the Authority, as the case may be, may, by direction in writing given to the person who has affixed the marking, prohibit him from placing or continuing to place on the market such pressure equipment or assembly, as the case may be, or require him to take all practicable steps to withdraw from the market such pressure equipment or assembly.

(4) Where a direction is given under paragraph (3) by the Authority, it shall inform the Minister of having given such direction.

(5) The Minister may, as he thinks fit, withdraw a direction given by him or her under paragraph (1) or (3).

(6) The Authority may, as it thinks fit, withdraw a direction given by it under paragraph (1) or (3).

(7) A direction given under this Regulation shall state in detail the grounds on which it is based and the person to whom the direction has been given shall at the same time be informed of the appeal procedure available to him under paragraph (8) and the time limit for bringing an appeal.

(8) Any person who is affected by a direction given to him under paragraph (1) or paragraph (3) may, within 14 days of the direction being given, appeal to the High Court against the direction, and that court may, as it thinks proper, annul, confirm or vary the direction.

(9) In any proceedings before a court--

(a) a document purporting to be a direction in writing given by the Minister under paragraph (1) or (3) and to be signed by him or her or by a person authorised by him in writing in that behalf, shall be admissible in evidence and deemed to be such a direction without further proof, unless the contrary is shown, and

(b) a document purporting to be a direction given by the Authority under paragraph (1) or (3) and to be affixed with the seal of the Authority, shall be admissible in evidence and deemed to be such a direction, unless the contrary is shown.

Classification of pressure equipment.

8. (1) Pressure equipment mentioned in paragraph (2) of Regulation 4 shall be classified by category in accordance with Annex II to the Directive, according to ascending level of hazard.

(2) For the purposes of the classification referred to in paragraph (1), fluids shall be divided into two groups in accordance with sections 2.1 and 2.2 of Article 9 of the Directive.

(3) Where a vessel is composed of a number of chambers, it shall be classified in the highest category applicable to the individual chambers. Where a chamber contains several fluids, classification shall be on the basis of the fluid which requires the highest category.

Conformity assessment.

9. (1) The manufacturer of pressure equipment, his authorised representative in the Community or other person who places any item of such equipment on the market before it has been subjected to a conformity assessment procedure as provided for in section 1.1 of Article 10 of the Directive shall be guilty of an offence.

(2) The manufacturer of an assembly, his representative in the Community or other person who places on the market an assembly which has not been subjected to a conformity assessment procedure as set out in Article 10.2 of the Directive shall be guilty of an offence.

(3) Notwithstanding paragraphs (1) and (2), pressure equipment which has not been subjected to the procedures referred to in article 10.1 of the Directive and assemblies which have not been subjected to the procedures referred to in Article 10.2 of the Directive may be placed on the market or put into service if the use to which they will be put is in the interest of experimentation.

European approval for materials.

10. European approval for materials shall be issued in accordance with the provisions of Article 11 of the Directive, at the request of one or more manufacturers of materials or equipment, by an approved body in the State appointed under Regulation 11 for that purpose.

Approved body in the State.

11. (1) The Minister may appoint such one or more persons as satisfy the minimum criteria set out in Annex IV to the Directive to exercise in the State (whether individually or, where more than one person is so appointed, together with one or more of such other persons so appointed as the Minister directs) the procedures referred to in article 10 or Article 11 of the Directive, and a person so appointed may perform those functions accordingly.

(2) An appointment under paragraph (1) may relate to all the procedures referred to in Article 10 and Article 11 of the Directive, or to such of those procedures as may be specified.

(3) The Minister may, for the efficient and proper functioning of an approved body in the State, attach such conditions to an appointment under paragraph (1) as he or she thinks fit.

(4) An appointment under paragraph (1)--

(a) may be of fixed or indefinite duration.

(b) may be revoked by the Minister if he or she has reason to believe that the approved body in the State does not comply with, or has ceased to comply with, the conditions attached to such appointment, or

(c) shall be revoked by the Minister if he or she has reason to believe that the approved body in the State does not meet, or has ceased to meet, the aforesaid minimum criteria.

(5) A reference in these Regulations to an approved body in the State shall be construed as a reference to each person appointed under paragraph (1).

(6) In carrying out any procedure for which it is appointed, an approved body in the State shall do so in accordance with the relevant provision of the Directive.

Recognised third-party organisations.

12. (1) The Minister may appoint such one or more persons as satisfy the minimum criteria set out in Annex IV to the Directive to be recognised third-party organisations for the purpose of undertaking in the State some or all of the tasks referred to in paragraphs 3.1.2 and 3.1.3 of Annex 1 to the Directive.

(2) The Minister may, for the efficient and proper functioning of a recognised third-party organisation in the State, attach such conditions to an appointment under paragraph (1) as he or she thinks fit.

(3) An appointment under paragraph (1)--

(a) may be of fixed or indefinite duration,

(b) may be revoked by the Minister if he or she has reason to believe that the person appointed does not comply with, or has ceased to comply with, the conditions attached to such appointment, or

(c) shall be revoked by the Minister if he or she has reason to believe that the person appointed has ceased to meet the aforesaid minimum criteria.

(4) A reference in these Regulations to a recognised third-party organisation in the State shall be construed as a reference to each person appointed under paragraph (1).

User inspectorates.

13. (1) The Minister may appoint such one or more bodies as he thinks fit to be a user inspectorate for the purposes of carrying out conformity assessment procedures as provided for in article 14 of the Directive for the placing on the market and putting into service by users of pressure equipment or assemblies.

(2) A body may not be appointed as a user inspectorate unless--

(a) it satisfies the criteria listed in Annex V of the Directive, and

(b) the group of which the inspectorate is part applies a common safety policy as regards the technical specifications for the desitgn, manufacture, inspection, maintenance and use of pressure equipment and assemblies.

(3) The Minister may, for the efficient and proper functioning of a user inspectorate, attach such conditions to an appointment under paragraph (1) as he or she thinks fit.

(4) An appointment under paragraph (1) of this Regulation--

(a) may be of fixed or indefinite duration,

(b) may be revoked by the Minister if he or she has reason to believe that the body appointed does not comply with, or has ceased to comply with, the conditions attached to such appointment, or

(c) shall be revoked by the Minister if he or she has reason to believe that the body appointed has ceased to meet the conditions set down in paragraph (2).

(5) Pressure equipment and assemblies the conformity of which has been assessed by a user inspectorate shall not bear the CE marking.

(6) The pressure equipment and assemblies referred to in paragraph (5) may be used only in establishments operated by the group of which the inspectorate is part.

(7) A user inspectorate shall act exclusively for the group of which it is part.

(8) The conformity assessment procedures applicable by user inspectorates shall be modules A1, C1, F and G, as described in Annex III.

(9) A reference in these Regulations to a user inspectorate in the State shall be construed as a reference to each body appointed under paragraph (1).

EC type-examination and design-examination.

14. (1) An application to an approved body in the State for the carrying out of an EC type-examination, or for the carrying out of an EC design examination, shall be in writing and shall be in the form set out under the appropriate Module in Annex III to the Directive.

(2) An application under this Regulation shall be accompanied by the appropriate fee.

(3) An approved body in the State shall not be required to carry out any procedure to which this Regulation refers if the documents submitted to it in relation to that procedure are not in English or another language acceptable to that body.

(4) Where it comes to the notice of an approved body in the State that pressure equipment or an assembly, in respect of which an EC type-examination certificate or EC design-examination has been issued, fails to comply with the provisions of the Directive applicable to pressure equipment or assemblies, as may be appropriate, it shall withdraw such EC type-examination certificate or design-examination certificate, as the case may be.

(5) On making a decision to refuse to issue an EC type-examination certificate or an EC design-examination certificate, or a decision to withdraw such certificate, an approved body in the State shall, as soon as practicable thereafter, send to the applicant concerned a notice in writing of that decision stating in detail the grounds upon which the decision is based and informing him of his right under Regulation 17 to appeal against the decision and of the time limit for bringing such an appeal.

(6) An approved body in the State shall communicate to the Minister the relevant information concerning EC type-examination certificate and EC design-examination certificates which it has withdrawn, and on request, those it has issued.

(7) An approved body in the State shall communicate to the other notified bodies the relevant information concerning the EC type-examination certificates and EC design-examination certificates it has withdrawn or refused.

(8) Where an approved body in the State withdraws an EC type-examination certificate issued by another approved body in the State it shall so inform that approved body and the Minister by notice in writing setting out the reasons for the withdrawal.

Application to approved body in the State for other procedures under Annex III to Directive.

15. (1) An application to an approved body in the State for the carrying out of a procedure provided for in Annex III to the Directive, other than the procedures referred to in Regulation 14, shall be in writing and in the form set out under the relevant Module.

(2) An application to which this Regulation applies shall be accompanied by the appropriate fee.

(3) An approved body in the State shall not be required to carry out any procedure to which this Regulation refers if the documents submitted to it in relation to that procedure are not in English or another language acceptable to that body.

Application fees.

16. (1) An approved body in the State may charge a fee (in this Regulation referred to as “the appropriate fee”) which shall be equal to the amount which the body estimates it will incur in, or in connection with, the carrying out or causing to be carried out of its functions under these Regulations or the Directive in respect of an application referred to in Regulation 14 or 15.

(2) A recognised third-party organisation in the State may charge a fee (in this Regulation referred to as “the appropriate fee”) which shall be equal to the amount which the organisation estimates it will incur in, or in connection with, the carrying out or causing to be carried out of any of the tasks referred to in Regulation 12.

(3) Where the cost incurred by an approved body in the State or by a recognised third-part organisation in the State are greater than the appropriate fee, the difference between those costs and that fee shall be paid by the manufacturer of the pressure equipment or assembly or his authorised representative in the Community, as may be appropriate, to the approved body in the State or the recognised third-party organisation in the State.

(4) Where the costs incurred by an approved body or a recognised third party organisation are less than the appropriate fee, the difference between those costs and that fee shall be paid by the approved body or recognised organisation to the manufacturer of the pressure equipment or assembly or his authorised representative in the Community, as may be appropriate.

Appeal from decision of approved body in the State.

17. (1) Any person aggrieved by a decision of an approved body in the State under Regulation 14 may, by notice in writing given to the Minister not later than 14 days after the receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the person, the approved body in the State or any other interested party, and the report of any inquiry held under paragraph (2) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of the approved body.

(2) The Minister may appoint an officer of the Minister to hold an inquiry in connection with an appeal under this Regulation and to make a report to the Minister on the findings and result of the inquiry.

(3) The Minister may appoint an assessor to assist him and to make a report to him in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by him under paragraph (2).

CE marking.

18. (1) The CE marking consists of the initials “CE” in the form set out in Annex VI to the Directive.

(2) The CE marking shall be accompanied by the identification number of the notified body involved at the production control phase.

(3) Subject to paragraph (4), the CE marking shall be affixed in a visible, easily legible, and indelible fashion to each item of pressure equipment referred to in Regulation 4(2) or assembly referred to in Regulation 4(3) which is complete or is in a state premitting final assessment as described in paragraph 3.2 of Annex I to the Directive.

(4) It is not necessary for CE marking to be affixed to each individual item of pressure equipment making up an assembly as referred to in Regulation 4(3) but individual items of pressure equipment already bearing the CE marking when incorporated into the assembly shall continue to bear that marking.

(5) Subject to paragraph (6), where the pressure equipment or assembly is subject to other directives of institutions of the European Communities covering other aspects which provide for the affixing of the CE marking, the latter shall indicate that the pressure equipment or assembly in question is also presumed to conform to the provisions of those other directives.

(6) Where one or more of the other directives referred to in paragraph (5) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the directives applied by the manufacturer, and in this case, particulars of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the directives and accompanying the pressure equipment or assembly.

(7) A person shall not affix a marking to pressure equipment or an assembly, or to a label attached thereto, which is likely to mislead or deceive other persons as to the meaning or form of the CE marking, or if it is likely to reduce the visibility or legibility of the CE marking.

(8) Where it comes to the notice of the Minister, the Authority or an approved body in the State that the CE marking has been affixed to pressure equipment or an assembly otherwise than in accordance with the Directive, the Minister, the Authority or the approved body in the State, as the case may be, shall by direction in writing require the manufacturer of the pressure equipment or assembly or his authorised representative in the Community, as may be appropriate, to comply, in relation to the pressure equipment or assembly concerned, with the provisions of the Directive relating to the CE marking.

(9) A person who fails to comply with a direction under paragraph (8) shall be guilty of an offence.

(10) Where a person fails to comply with a direction under paragraph (8) an authorised officer may enter any premises in which he or she has reasonable grounds for believing are to be found pressure equipment or an assembly to which the CE marking has been affixed otherwise than in accordance with these Regulations and the Directive and therein seize any such pressure equipment or assembly and detain such until the CE marking has been affixed in accordance with these Regulations and the Directive.

Authorised Officers.

19. (1) The Minister or the Authority may appoint such and so many persons as the Minister or the Authority thinks fit, to be authorised officers for the purposes of these Regulations.

(2) A person appointed under paragraph (1) shall, on his appointment, be furnished by the Minister or the Authority, as may be appropriate, with a warrant of his appointment, and when exercising a power conferred by this Regulation shall, if requested by any person thereby affected, produce such warrant to that person for inspection.

(3) An authorised officer may, for the purposes of these Regulations and of the Directive--

(a) enter, inspect, examine and search at all times any premises at which he or she has reqasonable grounds for believing that pressure equipment or assemblies are being manufactured, used or stored, or any premises that are part of an undertaking engaged in the manufacture of that pressure equipment or assemblies;

(b) take with him or her a member of the Garda Síochána if he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty;

(c) take with him or her any other person authorised by the Minister or the Authority or equipment or materials required for any purpose for which the power of entry is being exercised;

(d) where he or she has reasonable cause to believe that at or in any premises an offence under these Regulations has been or is being committed, use reasonable force where necessary in order to enter the premises, provided he or she is so authorised by a warrant of a judge of the District Court (which such judge is hereby authorised to issue upon reasonable grounds being given on oath);

(e) at any premises referred to in subparagraph (a), inspect and take copies of, or extracts from, any books, records or other documents which he or she finds in the course of his or her inspection;

(f) carry out or have carried out such examinations, tests, inspections and checks of the premises, of any pressure equipment or assemblies being manufactured or stored at the premises, or of any equipment, machinery or plant at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under these Regulations or the Directive;

(g) require any person at the premises or the owner or person in charge of the premises and any person employed in connection therewith to give to him or her such information and to produce to him or her such books, documents and other records that are in that person's power or procurement as he or she may reasonable require for the purposes of his or her functions under these Regulations or the Directive;

(h) require any person whom he or she has reasonable cause to believe to be able to give information relevant to any examination or inquiry under these Regulations, to answer either alone or in the presence of any other person, as he or she thinks fit, such questions with respect to matters under these Regulations as he or she thinks fit to ask and sign a declaration of the truth of the answers given, provided that no one shall be required to answer any question or to give any evidence tending to incriminate himself;

(i) direct that any premises referred to in subparagraph (a) or part of such premises and anything therein shall be left undisturbed for so long as it is reasonably necessary for the purpose of any examination or inquiry under these Regulations;

(j) take possession of and remove from the premises for examination and checking by the Minister, the Authority or an approved body in the State, pressure equipment or an assembly or any part thereof, and retain such pressure equipment or assembly or part thereof for such time as he or she considers reasonable for the purposes of his functions under these Regulations or the Directive;

(k) as regards any article or substance he or she finds at or in a premises to which subparagraph (a) applies, require the proprietor or any person he or she finds at the premises or any person who appears to him or her to be in possession of the article or substance, to supply without payment, for test, examination or analysis sufficient samples thereof;

(m) cause any article or substance found at or in any premises which appears to him or her to have caused or to be likely to cause danger to safety or health, to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of these Regulations and the Directive) and where an authorised officer proposes to exercise the power conferred by this subparagraph in the case of an article or substance found at or in any premises, he or she shall, if so requested by a person who at the time is present at or in and has responsibilities in relation to that premises, cause anything which is to be done by virtue of that power to be done in the presence of that person;

(n) in relation to any article or substance found at a premises in accordance with subparagraph (m), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely--

(i) examine or arrange for the examination of it and do to it anything which he has power to do under subparagraph (m);

(ii) ensure that it is not tampered with before the examination of it is completed;

(iii) ensure that it is available for use as evidence in any proceedings;

(o) take any measurements or photographs or make any recordings which he or she considers necessary for the purposes of any inspection, examination or inquiry made by him or her under these Regulations or the Directive; and

(p) require any person to afford him or her such facilities and assistance within his control or responsibilities as are reasonably necessary to enable him or her to exercise any of the powers conferred on him or her under these Regulations.

(4) A person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him or her by these Regulations or impedes the exercise by the officer of such power or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations or in purported compliance with such request or in answer to such question gives information to an officer that he knows to be false or misleading in a material respect shall be guilty of an offence.

Obtaining of information by the Minister or the Authority.

20. (1) The Minister or the Authority may, for the purpose of obtaining information which the Minister or the Authority requires for the discharge of functions under these Regulations or the Directive, by a notice in writing (in this Regulation referred to as “a notice requiring information”) served on any person, require such person to furnish to the Minister or the Authority as the case may be within a period specified in the notice and in such form, if any, as may be specified in the notice, information about any matters specified in the notice.

(2) The Minister or the Authority shall not serve a notice requiring information unless, having regard to all the circumstances of the particular case, the information is reasonably required in connection with the exercise of functions under these Regulations or the Directive.

(3) A person shall provide the information requested in a notice requiring information--

(a) where no appeal is taken against the notice--

(i) on the expiration of the period during which such an appeal may be taken,

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information, or

(iii) on such subsequent day as the Minister or the Authority may agree in writing,

whichever is the later;

(b) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn--

(i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn.

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information, or

(iii) in case the operation of the notice has been suspended in accordance with paragraph (4)(b), on the expiration of the period that the judge of the District Court considered appropriate for the purpose of that subparagraph,

whichever is the later.

(4) (a) Where a person is aggrieved by a notice requiring information served on him, he may, within the period of 7 days beginning on the day on which the notice is so served, appeal to a judge of the District Court in the District Court District in which the notice is served in the prescribed manner against the notice and, in determining the appeal, the judge may--

(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice;

(b) where on the hearing of an appeal under subparagraph (a) a notice requiring information is confirmed, the judge by whom the appeal is heard, may on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate;

(c) the judge determining an appeal under subparagraph (a) may make such order as to the payment of costs in respect of the appeal as he considers appropriate.

(5) Where any opinion of the Minister or the Authority to which paragraph (2) relates purports to be contained in any document which--

(a) purports to have been made by or at the direction of the Minister or the Authority; and

(b) is produced in evidence by an officer of the Authority in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

Indemnification of authorised officers appointed by the Authority.

21. Where the Authority is satisfied that an authorised officer appointed by it under these Regulations, or any other member of the staff of the Authority, has discharged his or her duties in relation to the carrying out of functions under these Regulations in a bona fide manner, it shall indemnify the authorised officer, or such member of the staff of the Authority, against all actions or claims howsoever arising in respect of the discharge by him or her of duties.

Obligation to retain documents.

22. (1) A manufacturer of pressure equipment or of an assembly, his authorised representative in the Community or, where neither the manufacturer nor his authorised rep-representative is established in the Community, the person who places pressure equipment or an assembly on the market, shall be guilty of an offence if he fails to comply with Section 9 of Module B, Section 9 of Module B 1, Section 3 of Module C1, Section 5 of Module D, Section 6 of Module D1, Section 5 of Module E, Section 6 of Module E1, Section 5 of Module H, as may be appropriate.

(2) In this Regulation a reference to a Module is to a Module in Annex III to the Directive.

Offences by bodies corporate.

23. Where an offence under these Regulation is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

Penalties.

24. (1) A person guilty of an offence under Regulation 4(1) shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.

(2) A person guilty of an offence under these Regulations (other than Regulation 4(1)) shall be liable on summary conviction to a fine not exceeding £1,500.

(3) Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister or the Authority.

Cesser.

25. Regulation 10 of the European Communities (Pressure Vessels) Regulations, 1989 ( S.I. No. 59 of 1989 ), shall cease to apply in respect of pressure equipment and assemblies covered by these Regulations and the Directive upon the making of these Regulations.

Service of directions and notices requiring information.

26. Where a direction under Regulation 7 or 18(8) is required or authorised to be given to a person or a notice under Regulation 14(5) or 20 is required or authorised to be served on a person, it shall be addressed to the person and shall be given to, or served on, the person, in one of the following ways--

(a) by delivering it to him or her, or in the case of a partnership by delivery to any of the partners,

(b) by leaving it at the address at which the person ordinarily resides, or

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address for service, or

where the person is a body, whether corporate or unincorporated--

(d) by leaving it at, or sending it by post in a prepaid registered letter to, the registered office, if any, of the body,

(e) by leaving it at, or sending it by post in a prepaid registered letter to, any place at which the body conducts business,

(f) by sending it by post in a prepaid registered letter to any person who is a director, manager, secretary or other officer of the body or is purporting to act in any such capacity, at the place where the person ordinarily resides, or by leaving it at that place, or purporting to act in any such capacity, at the place where the person ordinarily resides, or by leaving it at that place, or

(g) by delivering it to a person who has attained the age of 16 years and who is resident in or employed at the registered office, if any, of the body or place at which the body conducts business.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment.

The Regulations lay down requirements with which pressure equipment, and assemblies of pressure equipment, must comply before being placed on the market. They also provide for the approval of such equipment and assemblies which comply with the Directive's requirements to ensure free circulation of these in the Community.

⁽¹⁾ O.J. No. L181, 9.7.97, p.1.

⁽¹⁾ O.J. No. L181, 9.7.97, p.1.