Statutory Rule 1993 No. 366

Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993

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© Crown Copyright 1993

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1993 No. 366

HEALTH AND SAFETY

Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993

The Department of Economic Development, being the Department concerned^[1] in exercise of the powers conferred on it by Articles 17(1), (2) and (3) of, and paragraphs 1(2) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978^[2] and of every other power enabling it in that behalf, after consultation in accordance with Article 46(1) of that Order with the Health and Safety Agency for Northern Ireland and such other bodies as appeared to it to be appropriate, 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 Examinations etc.) Regulations (Northern Ireland) 1993 and shall come into operation on 1st January 1994.

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

Contents of records
    2.—(1)  Where, under a provision specified in column 3 of Part I of Schedule 1, 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 operation of these Regulations, that record shall contain, in each case, the particulars specified in Part III of Schedule 1.

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

    (3)  The record required to be kept pursuant to section 27(1)(g) of the Factories Act (Northern Ireland) 1965^[3] shall, in respect of any chains, ropes or lifting tackle subject to the provisions of that paragraph and first used after the coming into operation of these Regulations, contain the particulars specified in Part V of Schedule 1.

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

Accuracy of particulars
    3.    Any particulars required by regulation 2 or by virtue of the Docks Regulations (Northern Ireland) 1989^[4] shall be correctly recorded.

Authentication of records
    4.    Any record containing particulars required by regulation 2 or by virtue of the Docks Regulations (Northern Ireland) 1989—
 (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 effective means.

Amendments
    5.    The Act and Regulations specified in Schedule 2 shall be amended to the extent specified therein.

Saving 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 or of section 27(1)(g) of the Factories Act (Northern Ireland) 1965 before the coming into operation of these Regulations 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 operation of these Regulations, satisfied the requirements of any of the provisions specified in column 3 of Part I or II Schedule 1 or of section 27(1)(g) of the Factories Act (Northern Ireland) 1965 shall be deemed to satisfy those requirements after such coming into operation.

Revocations
    7.    The instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
Sealed with the Official Seal of the Department of Economic Development on 20th August 1993.

P. B. Strong

Assistant Secretary

[1] See Article 2(2) of S.I. 1978/1039 (N.I. 9) back

[2] S.I. 1978/1039 (N.I. 9) back

[3] 1965 c. 20 (N.I.) back

[4] S.R. 1989 No. 320, to which there are amendments not relevant to these Regulations back

Explanatory Note