| Statutory Instruments 1998 No. 2307 The Lifting Operations and Lifting Equipment Regulations 1998 - continued |
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Keeping of information
(ii) in the case of a thorough examination under paragraph (1) of regulation 9 of an accessory for lifting, for two years after the report is made; (iii) in the case of a thorough examination under paragraph (2) of regulation 9, until he ceases to use the lifting equipment at the place it was installed or assembled; (iv) in the case of a thorough examination under paragraph (3) of regulation 9, until the next report is made under that paragraph or the expiration of two years, whichever is later;
(b) every record made under regulation 10(2) is kept available until the next such record is made.
Exemption for the armed forces
(b) "headquarters" has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965[18]; (c) "visiting force" has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Amendment of the Shipbuilding and Ship-repairing Regulations 1960
(b) in paragraph (4) by omitting the word "32".
Amendment of the Docks Regulations 1988
(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 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 -
(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 -
(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 -
(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 -
(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;
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.
(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 -
(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). 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
ISBN 0 11 079598 9
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