Statutory Instruments 1998 No. 2307
The Lifting Operations and Lifting Equipment Regulations 1998
- continued

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Keeping of information
     11.  - (1) Where, after the coming into force of these Regulations, an employer obtaining lifting equipment to which these Regulations apply receives an EC declaration of conformity relating to it, he shall keep the declaration for so long as he operates the lifting equipment.

    (2) The employer shall ensure that the information contained in - 

Exemption for the armed forces
    
12.  - (1) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any of the home forces, any visiting force or any headquarters from any of the requirements of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a certificate in writing at any time.

    (2) In this regulation - 

Amendment of the Shipbuilding and Ship-repairing Regulations 1960
     13. Regulation 2 (application) of the Shipbuilding and Ship-repairing Regulations 1960 is amended - 

Amendment of the Docks Regulations 1988
    
14. The Docks Regulations 1988[19] are amended - 

    (a) in regulation 13(4) by substituting the words "thorough examination under regulation 9 of the Lifting Operations and Lifting Equipment Regulations 1998" for the words "test under regulation 14";

    (b) by revoking regulations 14 and 15;

    (c) by revoking paragraphs (3), (4), (5), (7) and (8) of regulation 16; and

    (d) by revoking regulation 17.

Repeal of provisions of the Factories Act 1961
     15. Sections 22, 23 and 25 to 27 of the Factories Act 1961[20] are repealed.

Repeal of section 85 of the Mines and Quarries Act 1954
     16. Section 85 of the Mines and Quarries Act 1954[21] is repealed.

Revocation of instruments
     17. The instruments specified in column 1 of Schedule 2 are hereby revoked to the extent specified in column 3 of that Schedule.



Signed by authority of the Secretary of State


Alan Meale
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

15th September 1998



SCHEDULE 1
Regulation 10(1)


INFORMATION TO BE CONTAINED IN A REPORT OF A THOROUGH EXAMINATION


     1. The name and address of the employer for whom the thorough examination was made.

     2. The address of the premises at which the thorough examination was made.

     3. Particulars sufficient to identify the lifting equipment including where known its date of manufacture.

     4. The date of the last thorough examination.

     5. The safe working load of the lifting equipment or (where its safe working load depends on the configuration of the lifting equipment) its safe working load for the last configuration in which it was thoroughly examined.

     6. In relation to the first thorough examination of lifting equipment after installation or after assembly at a new site or in a new location - 

    (a) that it is such thorough examination;

    (b) (if such be the case) that it has been installed correctly and would be safe to operate.

     7. In relation to a thorough examination of lifting equipment other than a thorough examination to which paragraph 6 relates - 

    (a) whether it is a thorough examination - 

      (i) within an interval of 6 months under regulation 9(3)(a)(i);

      (ii) within an interval of 12 months under regulation 9(3)(a)(ii);

      (iii) in accordance with an examination scheme under regulation 9(3)(a)(iii); or

      (iv) after the occurrence of exceptional circumstances under regulation 9(3)(a)(iv);

    (b) (if such be the case) that the lifting equipment would be safe to operate.

     8. In relation to every thorough examination of lifting equipment - 

    (a) identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect;

    (b) particulars of any repair, renewal or alteration required to remedy a defect found to be a danger to persons;

    (c) in the case of a defect which is not yet but could become a danger to persons - 

      (i) the time by which it could become such danger;

      (ii) particulars of any repair, renewal or alteration required to remedy it;

    (d) the latest date by which the next thorough examination must be carried out;

    (e) where the thorough examination included testing, particulars of any test;

    (f) the date of the thorough examination.

     9. The name, address and qualifications of the person making the report; that he is self-employed or, if employed, the name and address of his employer.

     10. The name and address of a person signing or authenticating the report on behalf of its author.

     11. The date of the report.



SCHEDULE 2
Regulation 17


REVOCATION OF INSTRUMENTS


(1) (2) (3)
Title Reference Extent of revocation
The Quarries (General) Regulations 1956 S.I. 1956/1780 Regulations 13 and 14.
The Quarries (Ropeways and Vehicles) Regulations 1958 S.I. 1958/2110 The whole Regulations.
The Shipbuilding and Ship-repairing Regulations 1960 S.I. 1960/1932 In regulation 3 the definitions of "lifting appliance" and "lifting gear"; regulations 21 and 31 to 47.
The Shipbuilding (Particulars of Annealing) Order 1961 S.I. 1961/117 The whole order.
The Shipbuilding (Lifting Appliances, etc., Forms) Order 1961 S.I. 1961/431 The whole order.
The Construction (Lifting Operations) Regulations 1961 S.I. 1961/1581 The whole Regulations.
The Construction (Lifting Operations) Reports Order 1962 S.I. 1962/225 The whole order.
The Construction (Lifting Operations) Prescribed Particulars Order 1962 S.I. 1962/226 The whole order.
The Hoists Exemption Order 1962 S.I. 1962/715 The whole order.
The Hoists Exemption (Amendment) Order 1967 S.I. 1967/759 The whole order.
The Offices, Shops and Railway Premises (Hoists and Lifts) Regulations 1968 S.I. 1968/849 The whole Regulations.
The Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 S.I. 1976/1019 The whole Regulations.
The Hoists and Lifts (Metrication) Regulations 1983 S.I. 1983/1579 The whole Regulations.
The Construction (Metrication) Regulations 1984 S.I. 1984/1593 The whole Regulations.
The Health and Safety (Miscellaneous Modifications) Regulations 1989 S.I. 1989/1141 The whole Regulations.
The Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992 S.I. 1992/195 The whole Regulations.
The Construction (Health, Safety and Welfare) Regulations 1996 S.I. 1996/1592 Paragraph 3 of Schedule 9.



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations impose health and safety requirements with respect to lifting equipment, which is defined in regulation 2(1).

     2. Save as regards the matters mentioned in paragraphs 4 and 5(b) the Regulations give effect as respects Great Britain to Article 4a in respect of lifting equipment, to point 3.2 of Annex I, and to the final paragraph of point 3.2.5 of Annex II, to Council Directive 89/655/EEC (OJ No. L393, 30.12.89, p.13) on the minimum health and safety requirements for the use of work equipment by workers at work ("the Directive") as amended by Council Directive 95/63/EC (OJ No. L335, 30.12.95, p.28).

     3. Save in the case of regulation 10(1) and (2), the Regulations place duties on employers. In addition (not required by the Directive) Regulation 3 (application) places those duties on self-employed persons, and certain persons having control of lifting equipment, of persons at work who use or supervise or manage its use, or of the way it is used, to the extent of their control (regulation 3(3) to (5)).

     4. The Regulations have limited application to ships (regulation 3(6) to (11)).

     5. The Regulations make provision with respect to - 

    (a) the strength and stability of lifting equipment (regulation 4);

    (b) the safety of lifting equipment for lifting persons (regulation 5);

    (c) the way lifting equipment is positioned and installed (regulation 6);

    (d) the marking of machinery and accessories for lifting, and lifting equipment which is designed for lifting persons or which might so be used in error (regulation 7);

    (e) the organisation of lifting operations (regulation 8);

    (f) the thorough examination (defined in (regulation 2(1)) and inspection of lifting equipment in specified circumstances, (regulation 9(1) to (3));

    (g) the evidence of examination to accompany it outside the undertaking (regulation 9(4));

    (h) the exception for winding apparatus at mines from regulation 9 (regulation 9(5));

    (i) transitional arrangements relating to regulation 9 (regulation 9(6) and (7));

    (j) the making of reports of thorough examinations and records of inspections (regulation 10 and Schedule 1); and

    (k) the keeping of information in the reports and records (regulation 11).

     6. The Secretary of State for Defence may grant exemptions from the Regulations in the interests of national security (regulation 12).

     7. Enactments and instruments replaced by these Regulations are repealed or revoked; consequential amendments are made (regulations 13 to 17 and Schedule 2).

     8. A copy of the cost benefit assessment prepared in respect of these Regulations may be obtained from the Economic Adviser's Unit, the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS.


Notes:

[17] 1952 c.67.back

[18] S.I. 1965/1536, to which there are amendments not relevant to these Regulations.back

[19] S.I. 1988/1655, amended by S.I. 1992/195, 1992/3073.back

[20] 1961 c.34.back

[21] 1954 c.70.back



ISBN 0 11 079598 9


 
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