Statutory Instruments
2024 No. 490
RETAINED EU LAW REFORM
CONSUMER PROTECTION
HEALTH AND SAFETY
The Pressure Equipment (Safety) (Amendment) Regulations 2024
Sift requirements satisfied
19th March 2024
Made
1st April 2024
Laid before Parliament
11th April 2024
Coming into force
22nd April 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by section 14(1) and 14(2) of the Retained EU Law (Revocation and Reform) Act 2023 (“ the 2023 Act ”)( 1 ).
The Secretary of State is a relevant national authority for the purposes of sections 14(1) and 14(2) of the 2023 Act( 2 ).
The requirements of paragraph 6(2) of Schedule 5 to the 2023 Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Pressure Equipment (Safety) (Amendment) Regulations 2024.
(2) These Regulations come into force 21 days after the day on which they are made.
(3) These Regulations extend to England and Wales and Scotland.
Amendment of the Pressure Equipment (Safety) Regulations 2016
2. —(1)The Pressure Equipment (Safety) Regulations 2016( 3 ), as they apply in relation to England and Wales and Scotland, are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) in the definition of “applicant”, for “notified” substitute “approved” ;
(b) omit the definition of “notified body requirements”; and
(c) in the definition of “recognised third party organisation”, for “is” substitute “except in Schedule 2 (essential safety requirements), is” .
(3) In regulations 43(1) to (4) and 44 (conformity assessment procedures), for “notified”, in each place it appears, substitute “approved” .
(4) In Schedule 2 (essential safety requirements)—
(a) for paragraph 21(3), substitute—
“ (3) For pressure equipment, permanent joining of components which contribute to the pressure resistance of equipment and components which are directly attached to them must be carried out by suitably qualified personnel according to suitable operating procedures and for pressure equipment in categories II, III and IV, operating procedures and personnel must be approved by a competent third party which, at the manufacturer's discretion, may be—
(a) an approved body;
(b) a recognised third party organisation; or
(c) a notified body.
(3A) In this Schedule—
(a) “ notified body ” means a conformity assessment body which is a notified body for the purposes of the Directive (as provided for in Article 29(5) of the Directive);
(b) “ recognised third party organisation ” means a conformity assessment body—
(i) within the meaning set out in regulation 52; or
(ii) which is a recognised third party organisation for the purposes of the Directive (as provided for in Article 29(5) of the Directive). ” ;
(b) in paragraph 31(5), for “the approved body in charge of conformity assessment procedures for the pressure equipment” substitute “an approved body or a notified body” ; and
(c) in paragraph 31(8), for “in the United Kingdom” substitute “in the United Kingdom or in the territory of an EEA state” .
Kevin Hollinrake
Minister of State
Department for Business and Trade
1st April 2024
The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.
S.I. 2016/1105 ; relevant amending instruments are S.I. 2017/1206 , 2019/696 , 2020/1460 , 2021/127 , 2021/1273 ; there are other amending instruments but none is relevant.