Statutory Instrument 1992 No. 195

The Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992

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© Crown Copyright 1992

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1992 No. 195

HEALTH AND SAFETY

The Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992

The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2) and (3)(a) and 82(3)(a) of, and paragraphs 1(2) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974^[1] ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992 and shall come into force on 30th April 1992.

    (2)  For the purposes of these Regulations (including any enactment modified by these Regulations) a record need not be a document.

Contents of records etc.
    2.—(1)  Where, under a provision specified in column 3 of Part I of Schedule 1 to these Regulations, a record is required to be obtained, kept or made following a test, test and examination or test and thorough examination carried out after the coming into force of these Regulations, that record shall contain the particulars specified in Part III of Schedule 1 to these Regulations.

    (2)  Where, under a provision specified in column 3 of Part I of Schedule 1 to these Regulations, a record is required to be kept or made following a thorough examination carried out after the coming into force of these Regulations, that record shall contain the particulars specified in Part IV of Schedule 1 to these Regulations.

    (3)  The record required to be kept pursuant to section 26(1)(g) of the Factories Act 1961^[2] shall, in respect of any chains, ropes or lifting tackle subject to the provisions of that paragraph and first used after the coming into force of these Regulations, contain the particulars specified in Part V of Schedule 1 to these Regulations.

    (4)  Where, under a provision specified in column 3 of Part II of Schedule 1 to these Regulations, a record must be made or sent to a specified person following a thorough examination carried out after the coming into force of these Regulations, that record shall contain the particulars specified in Part VI of Schedule 1 to these Regulations.

Accuracy of particulars
    3.    Any particulars required by regulation 2 of these Regulations or by virtue of the Docks Regulations 1988^[3] shall be correctly recorded.

Authentication of records
    4.    Any record containing particulars required by regulation 2 of these Regulations or by virtue of the Docks Regulations 1988—
 (a) shall be authenticated by a person who is in a position to declare that the particulars contained in it are correct; and
 (b) may be authenticated by signature or other equally secure means.

Modifications
    5.    The Act and instruments specified in Schedule 2 to these Regulations shall be modified to the extent specified therein.

Savings provisions
    6.—(1)  Any record obtained, kept, made or sent to a specified person following a test, test and examination, test and thorough examination or thorough examination carried out under a provision specified in column 3 of Part I or II of Schedule 1 to these Regulations or of section 26(1)(g) of the Factories Act 1961 before the coming into force of these Regula tions shall contain the same particulars as would have been required if these Regulations (including the revocations effected by these Regulations) had not been made.

    (2)  Any certificate, register or report which, immediately before the coming into force of these Regulations, satisfied the requirements of any of the provisions specified in Part I or II of Schedule 1 to these Regulations or of section 26(1)(g) of the Factories Act 1961 shall be deemed to satisfy those requirements after such coming into force.

Revocations
    7.    The instruments specified in column 1 of Schedule 3 to these Regulations are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.

Signed by order of the Secretary of State.

Eric Forth

Parliamentary Under Secretary of State, Department of Employment

5th February 1992

[1] 1974 c. 37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively. back

[2] 1961 c. 34. back

[3] S.I. 1988/1655. back

Explanatory Note