UK Statutory Instrument SI 2016 United Kingdom

Simple Pressure Vessels (Safety) Regulations 2016

These Regulations transpose Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of member States relating to the making available on the market of simple pressure vessels (recast) (OJ L 96, 29.3.2014, p.45) (“the Directive”).

Enforced by
OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 1 of 98 obligations carry up to 2 years imprisonment. 97 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer49 Conformity Assessment Body20 Distributor7 Operator5 Any Person3

Plus 14 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Distributor — also bound by 182 other Acts
Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.002 Designated standard
s.003 Application
Part 2

Obligations of economic operators

33 of 39 sections shown
s.004 Design and manufacture in accordance with essential safety requirements and sound engineering practice Regulated
  • Design and manufacture pressure vessels to the required safety standardManufacturer
s.005 Technical documentation and conformity assessment for category A vessels Regulated
  • Prepare technical documentation and carry out conformity assessment before selling category A vesselsManufacturer
s.006 Declaration of conformity, UK marking and inscriptions for category A vessels Regulated
  • Draw up UK declaration of conformity and affix UK marking to category A vesselsManufacturer
s.007 Inscriptions for category B vessels Regulated
  • Affix mandatory inscriptions and information to category B pressure vesselsManufacturer
s.008 Retention by manufacturer of technical documentation and EU declaration of conformity Regulated
  • Keep technical documents for category A pressure vessels for 10 yearsManufacturer
s.009 Compliance procedures for series production Regulated
  • Put in place procedures to maintain series production conformityManufacturer
s.010 Monitoring of vessels made available on the market Regulated
  • Monitor your vessels on the market: sample test, investigate complaints, keep recordsManufacturer
s.011 Labelling of vessels Regulated
  • Label vessels with manufacturer details and identificationManufacturer
s.012 Provision of instructions and safety information Regulated
  • Provide instructions and safety information with each simple pressure vesselManufacturer
s.013 Duty of manufacturer to take action in respect of vessels placed on the market which are considered not to be in conformity Regulated
  • Take corrective action and notify authorities for non-conforming simple pressure vesselsManufacturer
s.014 Provision of information and cooperation Regulated
  • Provide information and cooperate with the enforcing authority on requestManufacturer
s.016 Obligations of authorised representative Regulated
  • Perform manufacturer's record-keeping and cooperation duties as authorised representativeManufacturer
s.017 Prohibition on placing on the market vessels which are not in conformity Regulated
  • Ensure imported vessels conform with Part 2 before placing on marketManufacturer
s.018 Requirements which must be satisfied before an importer places a category A vessel on the market Regulated
  • Ensure Category A vessels have conformity assessment and correct marking before importManufacturer
s.019 Prohibition on an importer placing on the market a category A vessel considered not to be in conformity with the essential safety requirements Regulated
  • Do not place non-conforming Category A vessels on the market; inform manufacturer and market surveillance authority of risksManufacturer
s.020 Requirements which must be satisfied before an importer places a category B vessel on the marke t Regulated
  • Ensure category B vessels meet design, inscription and labelling requirements before placing on the marketManufacturer
s.021 Information identifying importer Regulated
  • Label imported vessels with your business name and addressManufacturer
s.022 Instructions and safety information Regulated
  • Provide instructions and safety information in a language end-users understandManufacturer
s.023 Transport and storage conditions Regulated
  • Ensure safe storage and transport of category A pressure vesselsManufacturer
s.024 Monitoring by importer of vessels made available on the market Regulated
  • Monitor vessels you place on the market – test, investigate complaints, keep recordsManufacturer
s.025 Duty of importer to take action in respect of vessels placed on the market which are considered not to be in conformity Regulated
  • Take corrective action and notify authorities for non-conforming pressure vesselsManufacturer
s.026 Retention by importer of technical documentation and EU declaration of conformity Regulated
  • Keep technical documents and declarations for 10 yearsManufacturer
s.027 Provision of information and cooperation Regulated
  • Provide information and cooperate with the enforcing authorityManufacturer
s.028 Duty to act with due care Regulated
  • Act with due care when making a vessel available on the marketDistributor
s.029 Requirements which must be satisfied before a distributor makes available on the market a category A vessel Regulated
  • Check category A vessels have correct UK/CE marks, instructions and manufacturer/importer labels before sellingDistributor
s.030 Prohibition on a distributor making available on the market a category A vessel not considered to be in conformity with essential safety requirements Regulated
  • Do not distribute non-conforming category A pressure vesselsDistributor
s.031 Requirements which must be satisfied before a distributor makes a category B vessel available on the market Regulated
  • Verify category B vessel compliance before placing on marketDistributor
s.032 Storage and transport conditions Regulated
  • Ensure storage and transport conditions do not compromise Category A vessel safetyDistributor
s.033 Duty for distributor to take action in respect of vessels made available on the market which are not in conformity Regulated
  • Take corrective action for non-conforming vessels and notify OPSS if riskDistributor
s.034 Provision of information and cooperation Regulated
  • Provide information and cooperate with the enforcing authorityDistributor
s.036 Translation of EU declaration of conformity Regulated
  • Translate EU declaration of conformity into English for Category A vesselsOperator
s.037 Identification of economic operators Regulated
  • Identify supply chain partners when requested by market surveillance authorityOperator
s.038 Prohibition on improper use of UK marking Regulated
  • Do not misuse the UK marking or affix misleading marksOperator
6 other sections in this Part — procedural and definitional
s.015 Appointment by manufacturer of authorised representative
s.035 Cases in which obligations of manufacturers apply to importers and distributors
s.038 Obligations which are met by complying with obligations in the Directive
s.038 Conformity assessment procedure obligation which is met by complying with the Directive
s.038 Further use of the UK marking
s.038 Qualifying Northern Ireland Goods
Part 3

Conformity of Category A Vessels

4 of 8 sections shown
s.040 Conformity assessment procedures prior to manufacture Regulated
  • Get a Type examination (Module B) before manufacturing category A vesselsManufacturer
s.042 Records and correspondence language requirements Regulated
  • Keep conformity assessment records in English or an accepted languageManufacturer
s.043 Declaration of conformity Regulated
  • Draw up a compliant declaration of conformity for category A vesselsManufacturer
s.044 UK(NI) indication Regulated
  • Affix UK(NI) indication on pressure vessels for Northern Ireland marketManufacturer
4 other sections in this Part — procedural and definitional
s.039 Presumption of conformity of category A vessels
s.041 Conformity assessment procedures prior to placing a vessel on the market
s.044 Identification number
s.044 Register of notified bodies established in the United Kingdom
Part 4

Approval of Conformity Assessment Bodies

4 of 9 sections shown
s.049 Restriction, suspension or withdrawal of approval Regulated
  • Approved bodies must transfer or keep certification files for 10 years after approval is withdrawn or activity ceasesConformity Assessment Body
s.050 Operational matters in relation to approved bodies Regulated
  • Approved bodies must follow proper assessment procedures and offer appealsConformity Assessment Body
s.051 Subsidiaries and contractors Regulated
  • Meet conditions when subcontracting conformity assessment activitiesConformity Assessment Body
s.052 Register of approved bodies Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a public register of approved bodiesCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
s.045 Approved bodies
s.046 Approval of conformity assessment bodies
s.047 Presumption of conformity of approved bodies
s.048 Monitoring
s.053 UK national accreditation body
Part 5

Market surveillance and enforcement

2 of 21 sections shown
s.059 Enforcement action in respect of vessels which are not in conformity Regulated
  • You must comply with corrective actions required by the enforcing authorityOperator
s.062 Enforcement action in respect of formal non-compliance Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must require remedy for formal non‑compliance, then restrict or recall if unresolvedStatutory regulator
19 other sections in this Part — procedural and definitional
s.054 Designation of market surveillance authority
s.055 Enforcement
s.056 Enforcement Powers
s.057 Exercise of enforcement powers
s.058 Evaluation of vessels presenting a risk
s.060 EU safeguard procedure
s.061 Enforcement action in respect of vessels which are in conformity, but which present a risk
s.063 Restrictive measures
s.064 Offences
s.065 Penalties
s.066 Defence of due diligence
s.067 Liability of persons other than principal offender
s.068 Time limit for prosecution of offences
s.069 Service of documents
s.070 Recovery of expenses of enforcement
s.071 Action by enforcing authority
s.072 Appeals against notices
s.073 Appropriate court for appeals against notices
s.074 Compensation
Part 6

Miscellaneous

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.075 Review
s.076 Transitional provision
s.076 Transitional provision in relation to EU Exit
s.077 Revocations and savings
s.078 Consequential Amendments
Schedules

Schedules

55 of 91 shown
s.sch001 Materials used in the manufacture of a vessel must be... Regulated
  • Select materials according to intended use and Schedule 1 rulesManufacturer
s.sch001 (1) A manufacturer must, when designing a vessel, define the... Regulated
  • Define the vessel's temperature and pressure limits at the design stageManufacturer
s.sch001 A manufacturer must also take account of the following provisions—... Regulated
  • Design pressure vessels for inspectability, drainage, durability and corrosion protectionManufacturer
s.sch001 A manufacturer must take account of the fact that under... Regulated
  • Ensure vessels are not overstressed and limit pressure surges to 10%Manufacturer
s.sch001 Wall thickness Regulated
  • Determine vessel wall thickness using the correct methodManufacturer
s.sch001 Calculation method Regulated
  • Calculate minimum thickness of pressurised parts using specified stress limitsManufacturer
s.sch001 Vessels must be constructed and subjected to production checks in... Regulated
  • Ensure production checks follow the correct scheduleManufacturer
s.sch001 Preparation of the component parts Regulated
  • Prepare vessel component parts without surface defects or cracksAny Person
s.sch001 The manufacturer must also, during manufacture, ensure consistent weld quality... Regulated
  • Test welds consistently during manufacture and keep a reportManufacturer
s.sch001 Steel vessels Regulated
  • Use approved steel materials in pressure vesselsManufacturer
s.sch001 Accessories contributing to the strength of the vessel Regulated
  • Use approved materials for vessel strength accessoriesManufacturer
s.sch002 Manufacturing Regulated
  • Ensure manufacturing conformity and provide pre-production documentationManufacturer
s.sch002 Vessel checks Regulated
  • Present vessels in uniform batches, affix approved body ID, and supply certificatesManufacturer
s.sch002 UK marking and declaration of conformity Regulated
  • Affix UK marking and keep declaration of conformity for 10 yearsManufacturer
s.sch002 Manufacturing Regulated
  • Ensure vessels match approved type and get documents checked before productionManufacturer
s.sch002 Vessel checks Regulated
  • Affix the approved body's identification number during manufacturingManufacturer
s.sch002 UK marking and declaration of conformity Regulated
  • Affix UK marking and keep declaration of conformity for 10 yearsManufacturer
s.sch002 Manufacturing Regulated
  • Manufacturer must ensure vessels match approved type and provide pre-production documents to the approved bodyManufacturer
s.sch002 (1) A manufacturer must lodge an application for Type examination... Regulated
  • Lodge application for Type examination (Module B) for simple pressure vesselsManufacturer
s.sch002 UK marking and declaration of conformity Regulated
  • Affix UK marking and keep declaration of conformity for simple pressure vesselsManufacturer
s.sch002 (1) The approved body must examine the technical documentation and... Regulated
Other duties (1) — Crown / regulator
  • Manufacturer must cooperate with approved body for design review and prototype testingStatutory regulator
s.sch002 The approved body must draw up an evaluation report that... Regulated
Other duties (1) — Crown / regulator
  • Approved body must produce evaluation report and keep it confidential unless manufacturer agreesStatutory regulator
s.sch002 (1) Where the type meets the requirements of these Regulations,... Regulated
Other duties (1) — Crown / regulator
  • Approved body must issue type examination certificate for compliant vesselsStatutory regulator
s.sch002 (1) An approved body must keep itself appraised of any... Regulated
  • Tell your approved body about changes to your pressure vessel typeManufacturer
s.sch002 (1) Each approved body must inform the Secretary of State... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must share type examination certificates and records with Secretary of State and other bodiesStatutory regulator
s.sch002 A manufacturer must keep a copy of the Type examination... Regulated
  • Keep type examination records for 10 years after placing vessel on the marketManufacturer
s.sch003 Name and address of the manufacturer and, where applicable, his... Regulated
  • Include manufacturer name and address on EU Declaration of ConformityManufacturer
s.sch004 The personnel responsible for carrying out conformity assessment must have—... Regulated
  • Ensure conformity assessment staff are qualified and competentConformity Assessment Body
s.sch004 A conformity assessment body must be able to demonstrate the... Regulated
  • Conformity assessment bodies must show their top management is impartialConformity Assessment Body
s.sch004 The remuneration of the top level management and the personnel... Regulated
  • Do not link conformity assessment pay to number or results of assessmentsAny Person
s.sch004 A conformity assessment body must have, and must satisfy the... Regulated
  • Conformity assessment bodies must have adequate civil liability insuranceConformity Assessment Body
s.sch004 A conformity assessment body must ensure that its personnel observe... Regulated
  • Ensure personnel maintain confidentiality and protect proprietary rightsConformity Assessment Body
s.sch004 A conformity assessment body must participate in, or ensure that... Regulated
  • Participate in standardisation activities and apply coordination group guidanceConformity Assessment Body
s.sch004 An approved body must carry out conformity assessments in accordance... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must follow conformity assessment proceduresStatutory regulator
s.sch004 An approved body must carry out conformity assessments in a... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must assess pressure vessels proportionately, avoiding unnecessary burdens on your businessStatutory regulator
s.sch004 An approved body must perform its activities taking due account... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must consider your business size and production when assessing vesselsStatutory regulator
s.sch004 A conformity assessment body must be a third party body... Regulated
  • Conformity assessment bodies must be independent and free of conflicts of interestConformity Assessment Body
s.sch004 An approved body must respect the degree of rigour and... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must apply proper rigour and protection when assessing vesselsStatutory regulator
s.sch004 Where an approved body finds that essential safety requirements or... Regulated
  • Approved body must withhold certificate and require corrective measures if safety requirements not metConformity Assessment Body
s.sch004 Where, in the course of the monitoring of conformity following... Regulated
Other duties (1) — Crown / regulator
  • Notified body must enforce corrective measures for non-compliant vesselsStatutory regulator
s.sch004 Where the approved body has required a manufacturer to take... Regulated
Other duties (1) — Crown / regulator
  • Notified body must restrict/suspend/withdraw certificate if manufacturer fails corrective measuresStatutory regulator
s.sch004 Where this paragraph applies, the approved body must— Regulated
Other duties (1) — Crown / regulator
  • Approved body must give notice and hear representations before refusing a certificateStatutory regulator
s.sch004 An approved body must inform the Secretary of State of—... Regulated
  • Inform the Secretary of State of certificate and assessment activity changesConformity Assessment Body
s.sch004 An approved body must make provision in its contracts with... Regulated
Other duties (1) — Crown / regulator
  • Approved body contracts must include client appeal rightsStatutory regulator
s.sch004 An approved body must provide other bodies approved under these... Regulated
  • Approved bodies must share conformity assessment results with other similar bodiesConformity Assessment Body
s.sch004 An approved body must participate in the work of any... Regulated
  • Participate in approved body coordination groupsConformity Assessment Body
s.sch004 (1) A conformity assessment body, its top level management and... Regulated
  • Conformity assessment bodies must be independent from vessel supply chainConformity Assessment Body
s.sch004 A conformity assessment body, its top level management and the... Regulated
  • Conformity assessment bodies must remain independent and avoid conflicts of interestConformity Assessment Body
s.sch004 A conformity assessment body must ensure that the activities of... Regulated
  • Ensure subsidiaries and sub-contractors do not compromise your impartialityConformity Assessment Body
s.sch004 A conformity assessment body and its personnel must carry out... Regulated
  • Carry out conformity assessments with integrity, competence and independenceConformity Assessment Body
s.sch004 A conformity assessment body must be capable of carrying out... Regulated
  • Conformity assessment body must be capable of all approved activitiesConformity Assessment Body
s.sch004 A conformity assessment body must have at its disposal: Regulated
  • Ensure conformity assessment body has qualified staff and sound proceduresConformity Assessment Body
s.sch004 A conformity assessment body must have the means necessary to... Regulated
  • Have necessary resources and equipment for conformity assessmentsConformity Assessment Body
s.sch006 Modifications to the 1974 Act Imprisonment
  • Fail to comply with a prohibition noticeAny Person
s.sch008 Recall notice Regulated
  • Recall non-compliant vessels from end-usersOperator
36 other schedules
s.sch001 Symbols
s.sch001 Circumferential and longitudinal seams must be made using full penetration...
s.sch001 Experimental method
s.sch001 Pressurised parts
s.sch001 Welds on pressurised parts
s.sch001 (1) Welds must be performed by qualified welders or operators...
s.sch001 Putting into service of the vessels
s.sch001 For steel vessels, the material must in addition meet the...
s.sch001 The materials must be accompanied by an inspection slip as...
s.sch001 Aluminium vessels
s.sch001 Welding materials
s.sch001 Non-pressurised parts
s.sch002 Type examination (Module B) is a conformity assessment procedure in...
s.sch002 Conformity to type based on internal production control plus supervised...
s.sch002 Conformity to type based on internal production control plus supervised...
s.sch002 Conformity to type based on internal production control is a...
s.sch002 In this Schedule— (a) “design pressure” means the gauge pressure...
s.sch002 (1) The technical documentation referred to in paragraph 2(2)(c) must—...
s.sch003 EU Declaration of conformity (No xxxx)
s.sch003 This declaration of conformity is issued under the sole responsibility...
s.sch003 Object of the declaration (identification of the vessel allowing traceability;...
s.sch003 The object of the declaration described above is in conformity...
s.sch003 References to the relevant designated standards used or references to...
s.sch003 The approved body  (name, number) performed  (description of intervention) and issued the...
s.sch003 Additional information: Signed for and on behalf of: (place and...
s.sch004 (1) A conformity assessment body must have legal personality and...
s.sch004 Paragraph 14 does not prevent the personnel from providing the...
s.sch004 Paragraph 25 applies where an approved body is minded to—...
s.sch005 Enforcement powers under the 1987 Act
s.sch005 Modifications to the 1987 Act
s.sch006 Enforcement powers under the 1974 Act
s.sch007 Enforcement powers under the 1978 Order
s.sch007 Modifications to the 1978 Order
s.sch008 Compliance notice
s.sch008 Withdrawal notice
s.sch008 Interpretation

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