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The Simple Pressure Vessels (Safety) Regulations 2016 PART 3 — Conformity of Category A Vessels

39–44B8 provisions

Presumption of conformity of category A vessels

39

(1) A category A vessel which is in conformity with a designated standard (or part of such a standard) ... , is presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard). (2) The presumption in paragraph (1) is rebuttable.

Conformity assessment procedures prior to manufacture

40

(1) Prior to the manufacture of a category A vessel, a Type examination (Module B), as described in paragraph 1 of Schedule 2, must be carried out in respect of the technical design of the vessel. (2) Where a vessel is to be manufactured in accordance with a designated standard (or part of such standard) referred to in regulation 39, (presumption of conformity of category A vessels) the manufacturer must choose one of the following forms of examination— (a) an examination of the technical documentation and supporting evidence in respect of the vessel without an examination of a specimen vessel (Module B – design type); or (b) an examination of the technical documentation and supporting evidence in respect of the vessel, with an examination of a prototype, representative of the production envisaged, of the complete vessel (Module B – production type). (3) Where a vessel is not to be manufactured, or is to be manufactured only partly, in accordance with a designated standard (or part of such standard) referred to in regulation 39, the examination must be an examination of the type referred to in paragraph (2)(b). (4) Paragraphs 2 to 9 of Schedule 2 make provision in respect of a Type examination (Module B) and related matters.

Conformity assessment procedures prior to placing a vessel on the market

41

(1) Before placing a category A.1 vessel on the market, the vessel must be subjected to conformity to type based on internal production control plus supervised testing (Module C1) as described in paragraph 10 of Schedule 2. (2) Before placing a category A.2 vessel on the market, that vessel must be subjected to either– (a) the procedure referred to in paragraph (1) (Module C1), or (b) conformity to type based on internal production control plus supervised vessel checks at random intervals (Module C2) as described in paragraph 14 of Schedule 2. (3) Before placing a category A.3 vessel on the market, that vessel must be subjected to either– (a) the procedure referred to in paragraph (1) (Module C1), or (b) conformity to type based on internal production control (Module C) as described in paragraph 18 of Schedule 2. (4) Paragraphs 11 to 13 of Schedule 2 make provision in respect of conformity to type based on internal production control plus supervised testing (Module C1) and related matters. (5) Paragraphs 15 to 17 of Schedule 2 make provision in respect of conformity to type based on internal production control plus supervised vessel checks at random intervals (Module C2) and related matters. (6) Paragraphs 19 and 20 of Schedule 2 make provision in respect of conformity to type based on internal production control (Module C) and related matters.

Records and correspondence language requirements

42

The records and correspondence relating to the conformity assessment procedures referred to in regulations 40 (conformity assessment procedures prior to manufacture) and 41 (conformity assessment procedures prior to placing a vessel on the market) must be in English or in a language acceptable to the approved body .

Declaration of conformity

43

The ... declaration of conformity in respect of a category A vessel must— (a) state that the fulfilment of the essential safety requirements has been demonstrated in respect of the vessel; (b) have the model structure set out in Schedule 3; and (c) contain the elements specified in Schedule 2 for the relevant conformity assessment procedure followed in respect of the vessel.

Identification number

44

(1) The UK marking must be followed by the identification number of the approved body involved in the relevant conformity assessment procedure pursuant to regulation 41. (2) The identification number of the approved body must be affixed— (a) by the approved body; or (b) where instructed to do so by the approved body, by the manufacturer or the manufacturer's authorised representative.

UK(NI) indication

44A

(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the vessel, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before a vessel is placed on the market in Northern Ireland. (3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 6. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing a vessel on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of notified bodies established in the United Kingdom

44B

(1) The Secretary of State must ensure that— (a) each notified body established in the United Kingdom is assigned an identification number; and (b) there is a register of— (i) notified bodies established in the United Kingdom; (ii) their notified body identification number; (iii) the activities for which they have been notified; (iv) any restrictions on those activities. (2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. (3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).

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