Citation and commencement

1. These Regulations may be cited as the Pressure Equipment (Amendment) Regulations 2002 and shall come into force on 30th May 2002.

Amendment to the Pressure Equipment Regulations 1999

2. —(1) In regulation 2 of the Pressure Equipment Regulations 1999( 3 ), after regulation 2(3) there shall be inserted the following paragraph—

“ (4) For the purposes of these Regulations, an item of pressure equipment or an assembly which is made available for the first time in the Community whether for reward or free of charge shall not be regarded as having been placed on the market where:—

(a) it has been manufactured within the Community or imported from a country or territory outside the Community; and

(b) prior to its being made so available it has been used otherwise than in the course of business at all times since its manufacture or import. ”

(2) For regulation 26(1) there shall be substituted the following—

“ (1) A person guilty of an offence under regulation 25(a) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. ” .

(3) In Schedule 8, sub-paragraph 2(d), for the reference to sub-paragraph “(b)” there shall be substituted a reference to sub-paragraph “(c)”.