|Made||14th May 2004|
|Coming into operation||21st June 2004|
|1.||Citation and commencement|
|3.||Application and duties|
|4.||Design and construction|
|5.||Provision of information and marking|
|7.||Safe operating limits|
|8.||Written scheme of examination|
|9.||Examination in accordance with the written scheme|
|10.||Action in case of imminent danger|
|13.||Modification and repair|
|14.||Keeping of records, etc.|
|15.||Precautions to prevent pressurisation of certain vessels|
|17.||Power to grant exemptions|
|18.||Repeals and revocations|
|Schedule 1.||Exceptions to the Regulations.|
|Schedule 2.||Modification of duties in cases where pressure systems are supplied by way of lease, hire or other arrangements.|
|Schedule 3.||Marking of pressure vessels.|
|Schedule 4.||Premises and activities within the territorial sea.|
which contains or is liable to contain a relevant fluid, but does not include a transportable pressure receptacle or a transportable pressure vessel;
(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;
(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 -
Application and duties
3. - (1) These Regulations shall apply within the territorial sea only to and in relation to the premises and activities to which any of paragraphs 2 to 6 of Schedule 4 applies.
(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.
(3) Any requirement or prohibition imposed by these Regulations on an employer in respect of the activities of his employees shall also extend to a self-employed person in respect of his own activities at work.
(4) Any requirement or prohibition imposed by these Regulations on a person -
(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.
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.
(3) The information referred to in paragraph (1) shall -
(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.
(5) A person shall not remove from a pressure vessel any mark or plate containing any of the information specified in Schedule 3.
(6) A person shall not falsify any mark on a pressure system, or on a plate attached to it, relating to its design, construction, test or operation.
6. The employer of a person who installs a pressure system at work shall ensure that nothing about the way in which it is installed gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.
Safe operating limits
7. - (1) The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has established the safe operating limits of that system.
(2) The owner of a mobile system shall, if he is not also the user of it -
Written scheme of examination
8. - (1) The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has a written scheme for the periodic examination, by a competent person, of the following parts of the system, that is to say -
and such parts of the system shall be identified in the scheme.
(2) The said user or owner shall -
(3) A person shall not draw up or certify a scheme of examination under paragraph (2)(a) unless the scheme is suitable and -
(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.
Examination in accordance with the written scheme
9. - (1) Subject to paragraph (7), the user of an installed system and the owner of a mobile system shall -
(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.
(3) Where a competent person has carried out an examination for the purposes of paragraph (1) he shall, subject to paragraph (4), make a written report of the examination, sign it or add his name to it, date it and send it to the user (in the case of an installed system) or owner (in the case of a mobile system); and the said report shall be so sent as soon as is practicable after completing the examination (or, in the case of integrated installed systems where the examination is part of a series, as soon as is practicable after completing the last examination in that series), and in any event to arrive -
(4) Where the competent person referred to in paragraph (3) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to send the report to the user or owner shall not apply, but he shall make the report by the time it would have been required to have been sent to him under that paragraph if he had not been the competent person.
(5) The report required by paragraph (3) shall -
(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 a person shall not supply such a mobile system for operation, after (in each case) -
(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 -
(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.
(9) The owner of a mobile system shall ensure that the date specified under paragraph (5)(c) is legibly and durably marked on the mobile system and that the mark is clearly visible.
Action in case of imminent danger
10. - (1) If the competent person carrying out an examination under the scheme of examination is of the opinion that the pressure system or part of the pressure system will give rise to imminent danger unless certain repairs or modifications have been carried out or unless suitable changes to the operating conditions have been made, then without prejudice to the requirements of regulation 9, he shall forthwith make a written report to that effect identifying the system and specifying the repairs, modifications or changes concerned and give it -
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.
(2) Where a report is given in accordance with paragraph (1) to -
until the repairs, modifications or changes, as the case may be, have been carried out or made.
(3) Where the competent person referred to in paragraph (1) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to give the report to the user or owner shall not apply, and the reference in paragraph (2) to the giving of the report to the user or owner shall be construed as a reference to the making of the report by him.
11. - (1) The user of an installed system and the owner of a mobile system shall provide for any person operating the system adequate and suitable instructions for -
(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).
12. The user of an installed system and the owner of a mobile system shall ensure that the system is properly maintained in good repair, so as to prevent danger.
Modification and repair
13. The employer of a person who modifies or repairs a pressure system at work shall ensure that nothing about the way in which it is modified or repaired gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.
Keeping of records, etc.
14. - (1) The user of an installed system and the owner of a mobile system shall keep -
(c) any -
which relate to those parts of the pressure system included in the scheme of examination; and
(d) any agreement made pursuant to regulation 9(7), and, in a case to which regulation 9(8) applies, a copy of the notification referred to in regulation 9(7)(c), until a further examination has been carried out since that agreement or notification under the scheme of examination.
(2) Anything required to be kept by this regulation shall be kept -
(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.
Precautions to prevent pressurisation of certain vessels
15. - (1) Paragraph (2) shall apply to a vessel -
(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.
(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 before the hearing to determine mode of trial 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.
(3) Where a contravention of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.
Power to grant exemptions
17. - (1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons or any type or class of pressure system from the application of any of the requirements or prohibitions imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time, and may be revoked by the Executive by a further certificate in writing at any time.
(2) The Executive shall not grant any such exemption unless, having regard to the circumstances, and in particular to -
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Repeals and revocations
18. - (1) Sections 35, 38 and 39 of the Factories Act (Northern Ireland) 1965 are repealed.
(2) The Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991, regulation 22(4) of and Schedule 6 to the CDGCPL(NI) Regulations and regulation 2 of and Schedule 1 to the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2002 are revoked.
19. The substitution of provisions in these Regulations for provisions of the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991 shall not affect the continuity of the law; and accordingly anything done under or for the purposes of such provision of the 1991 Regulations shall have effect as if done under or for the purposes of any corresponding provision of these Regulations.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
14th May 2004.
Michael J. Bohill
A senior officer of the Department of Enterprise, Trade and Investment
A pressure system which forms part of, or is intended to form part of, a weapons system.
3. A pressure system which forms part of any braking, control or suspension system of a wheeled, tracked or rail mounted vehicle.
4. That part of a system which is only a pressure system because it is -
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).
6. Any pressure system or part thereof which -
if, in the case of regulations 4, 5, 6, 7, 11, 13 and 14, it is not reasonably practicable to comply with them.
7. Any plant or equipment required by regulation 5(1)(d) of the Diving Operations at Work Regulations (Northern Ireland) 1994 and used or intended to be used in the course of a diving project to which those Regulations apply.
8. A working chamber, tunnel, manlock or an airlock within which persons work in compressed air, being work to which the Work in Compressed Air Special Regulations (Northern Ireland) 1963 apply.
9. A tank to which the Carriage of Dangerous Goods By Rail Regulations (Northern Ireland) 1998 or the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 apply.
10. Any pressure system being carried in a vehicle if the vehicle is engaged in an international transport operation within the meaning of the Convention concerning International Carriage by Rail as revised or re-issued from time to time (COTIF) and such carriage conforms in every respect either -
Any pressure system being carried in a vehicle if the vehicle is registered outside the United Kingdom and the carriage is confined to Northern Ireland 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").
12. Any pressure system being carried in a vehicle if the vehicle -
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.
13. Any pressure system being carried in a vehicle if the vehicle is engaged in an international transport operation within the meaning of Article 1(c) of the ADR, in accordance with regulation 3(1)(c)(ii) of the CDGCPL(NI) Regulations.
14. Any pressure system which is carried, or stored as goods in transit, as part of an international transport operation, if it complies with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organisation as revised or re-issued from time to time.
15. Any pressure system comprising a gas propulsion or a gas fired heating, cooking, ventilating or refrigerating system fitted to a motor vehicle or trailer (both within the meaning of Article 3(1) of the Road Traffic (Northern Ireland) Order 1995).
16. Any water cooling system on an internal combustion engine or on a compressor.
17. Any tyre used or intended to be used on a vehicle.
18. Any vapour compression refrigeration system incorporating compressor drive motors, including standby compressor motors, having a total installed power not exceeding 25 kW.
19. A mobile system of the type known as a slurry tanker, and containing or intended to contain agricultural slurry, and used in agriculture.
20. Prime movers including turbines.
21. Any pressure system which is an electrical or telecommunications cable.
22. Any pressure system containing sulphur hexafluoride gas and forming an integral part of high voltage electrical apparatus.
23. Any pressure system consisting of a water filled fluid coupling and used in power transmission.
24. Any portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilogrammes.
25. Any part of a tool or appliance designed to be held in the hand which is a pressure vessel.
- (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.
(2) Until 21st December 2004 regulations 8 to 10 and 14 shall not apply to a pressure system brought into operation before the coming into operation of these Regulations if the product of the pressure in bar and internal volume of its pressure vessel with the largest internal volume is less than 250 bar litres.
3. Regulations 4, 5, 7 to 10, 13 and 14 shall not apply to a tank container if -
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.
(d) During such time as the agreement is in force the following provisions of this paragraph shall have effect.
(e) Where the competent person who is to carry out the examination under the scheme of examination is a person other than the supplier, the supplier shall notify the competent person that any reports required to be sent or given to the user under regulation 9(3) or 10(1) shall be sent or given to the supplier as well.
(f) On being so notified under sub-paragraph (e) above, the competent person shall comply with regulations 9(3) and 10(1) as if the reference therein to sending or giving a report to the user also included a reference to sending or giving a report to the supplier.
(g) On receipt of a report from a competent person under regulation 9(3) or 10(1) (or in the case where the supplier is also the competent person, on the making by him of that report) the supplier shall take all practicable steps to ensure that the pressure system will not be operated in contravention of regulation 9(6) or 10(2), as the case may be.
(h) The references in regulation 9(7) (in both places where it appears) and 9(8) to the user shall be read as references to the supplier.
(i) The reference in regulation 14(2)(a) to the premises where the system is installed shall be read as a reference to the premises in Northern Ireland where the leasing or hiring out of the system is controlled.
Where a person supplies a pressure system to another ("the customer") under a hire-purchase agreement, conditional sale agreement, or lease, and -
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.
3. Article 7(9) of the 1978 Order and the Health and Safety (Leasing Arrangements) Regulations (Northern Ireland) 1993 shall apply to these Regulations as they apply to the remainder of Article 7 of that Order.
(2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.
(3) Any reference in this Schedule to premises and activities includes a reference to any person, article or substance on those premises or engaged in, or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.
2. - (1) This paragraph shall apply to and in relation to -
(c) a diving operation involving -
(2) Subject to sub-paragraph (3), in this paragraph, "offshore installation" means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water -
together with any supplementary unit which is ordinarily connected to it, and all the connections.
(3) Any reference in sub-paragraph (2) to a structure or unit does not include -
3. - (1) Subject to sub-paragraph (2), this paragraph applies to and in relation to -
(2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.
4. - (1) This paragraph applies to and in relation to -
being in either case a vessel which is engaged in pipeline works.
(2) In this paragraph -
but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;
5. - (1) This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.
(2) In this paragraph "mine" has the same meaning as in the Mines Act (Northern Ireland) 1969.
6. - (1) Subject to sub-paragraph (2), this paragraph applies to and in relation to -
(2) This paragraph shall not apply -
 S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Article 3(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)back