PART 6 MISCELLANEOUS

Enforcement

92.—(1) The enforcing authorities for these Regulations are—

(a) the Health and Safety Executive in relation to road and rail;

(b) the Secretary of State for Transport in relation to road and inland waterways; and

(c) the chief officer of police of each area in relation to road.

(2) But the Health and Safety Executive is not the enforcing authority in relation to rail to the extent that the Office of Rail Regulation is the enforcing authority pursuant to regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006(64).

(3) Paragraphs (1) and (2) are subject to paragraph (4).

(4) The Secretary of State for Transport is the only enforcing authority in relation to regulation 45.

Defence

93.—(1) In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations, it is a defence for the person charged to prove that—

(a) the commission of the offence was due to the act or default of another person, not being one of his employees (“the other person”); and

(b) he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The person charged shall not be entitled, without leave of the court, to rely on the defence referred to in paragraph (1) unless, at least seven clear days before the—

(a) hearing to determine the mode of trial, where the proceedings are in England or Wales;

(b) intermediate diet, where the proceedings are summary proceedings in Scotland; or

(c) first diet, where the proceedings are solemn proceedings in Scotland,

he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, the other person, as was then in his possession.

(3) If a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, then that other person is guilty of the offence, which would, but for the defence in paragraph (1), be constituted by the act or default.

Amendments

94.  The enactments specified in the Table in Schedule 8 are amended in accordance with the provisions of that Table.

Revocations

95.  The Regulations specified in the Table in Schedule 9 are revoked.

Regulation 7

SCHEDULE 1 APPOINTMENTS

Applications for appointment

1.—(1) An application for appointment shall be made in a form approved by the GB competent authority.

(2) Sub-paragraph (3) applies in relation to a person seeking appointment pursuant to regulation 69(2).

(3) The application shall be by reference to one or more of the following sub-paragraphs—

(a) a testing and certifying body for the purposes of Sub-Section 6.2.1.4;

(b) a body for the purposes of Sub-section 6.2.1.6;

(c) an inspection body for the purposes of Sub-section 6.2.5.6;

(d) a periodic inspection and test body for the purposes of Sub-section 6.2.5.7;

(e) an authorized body for the purposes of Chapter 6.7;

(f) an expert for the purposes of Chapter 6.7;

(g) an expert for the purposes of Chapter 6.8; and

(h) an expert for the purposes of Chapter 6.9.

(4) A person seeking appointment as a notified body or an approved body pursuant to regulation 79 shall in making the application—

(a) state that appointment is sought in relation to all transportable pressure equipment; or

(b) give details of the transportable pressure equipment in relation to which appointment is sought.

(5) A person seeking appointment as an inspection body pursuant to paragraph 9 of Schedule 2 shall in making the application—

(a) state that appointment is sought in relation to all descriptions of old tank-vehicles, old tank wagons and old tank-containers; or

(b) give details of the descriptions of the old tank-vehicles, old tank wagons and old tank-containers in relation to which appointment is sought.

(6) A person seeking appointment as an approved person or an inspection body pursuant to paragraph 10 of Schedule 3 shall in making the application—

(a) state that appointment is sought in relation to all descriptions of old pressure receptacles; or

(b) provide details of the descriptions of the old pressure receptacles to which the application relates.

Appointment by the GB competent authority

2.—(1) The GB competent authority shall make any appointment in writing.

(2) An appointment may relate to such equipment as the GB competent authority considers appropriate.

(3) An appointment may be made subject to such conditions as the GB competent authority considers appropriate and such conditions may include conditions which apply upon or following termination of the appointment.

(4) An appointment may be for the time being or for such period as may be specified in the appointment.

(5) If for any reason an appointment is terminated, the GB competent authority may—

(a) give such directions—

(i) to the person whose appointment has been terminated; or

(ii) to another person who has been appointed pursuant to these Regulations,

for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and the person to whom the directions are given shall comply with them; and

(b) authorise another person to take over the functions of the appointee whose appointment has been terminated in respect of such cases as it may specify.

Fees that may be charged by appointees

3.—(1) An appointee may charge a fee in connection with the carrying out of a function for which he has been appointed.

(2) The fee is payable by the person who asks the appointee to carry out the function.

(3) The fee shall not exceed—

(a) the costs incurred or to be incurred by the appointee in performing the function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by the appointee; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

The inspection of appointees

4.—(1) An appointee is to be subject to such inspection by or on behalf of the GB competent authority as is necessary to ensure compliance with any condition specified in the appointment.

(2) The inspection referred to in sub-paragraph (1) may include the examination of premises, equipment and documents and the appointee shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(3) A fee which is reasonable for the work performed is to be payable by the appointee in respect of any inspection undertaken by or on behalf of the GB competent authority in accordance with sub-paragraph (1).