The Pressure Equipment (Safety) Regulations 2016

Modifications to the 1978 Order U.K.

2.  The Articles of the 1978 Order referred to in paragraph 1 apply as if—

(a) references to “the relevant statutory provisions” were references to—

(i) the provisions of the 1978 Order set out in paragraph 1, as modified by this paragraph; and

(ii) these Regulations;

(b) for the following references, there were substituted “ the Health and Safety Executive for Northern Ireland ”

(i) in Article 21(1), “Every enforcing authority”;

(ii) in Articles 22(1), 28 and 36, “the enforcing authority”;

(iii) in Article 22(2)(c)(i), “his (the inspector's) enforcing authority”;

(iv) in Articles 27A(1), “any enforcing authority” and 29A(2), “an enforcing authority”;

(v) in Article 28, “that authority” and “the authority”;

(vi) in Articles 29 and 30, “the Executive”;

(c) in Article 21—

(i) in paragraph (1), “within its field of responsibility” were omitted;

(ii) in paragraph (2), sub-paragraph (b) were omitted;

(iii) in paragraph (3), for “enforcing authority which appointed him” there were substituted “ Health and Safety Executive for Northern Ireland ”;

(d) in Article 22(1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

(e) Article 22(3) were omitted;

(f) for Article 24(2) there were substituted—

“(2) An inspector may serve a notice (in this Part referred to as a prohibition notice) on a person if, as regards any activities to which this paragraph applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve—

(a) a risk; or

(b) a contravention of a relevant statutory provision.”;

(g) in Article 25, paragraphs (3), (4) and (5) were omitted;

(h) in Article 28, for “the enforcing authority which appointed him”, “that authority” and “the authority”, there were, in each case, substituted “ the Health and Safety Executive for Northern Ireland ”;

(i) in Article 29—

(i) in paragraph (1), sub-paragraph (b) were omitted;

(ii) in paragraph (1), “or, as the case may be, to the enforcing authority in question” were omitted;

(j) in Article 30—

(i) in paragraph (3), “or any enforcing authority” were omitted;

(ii) in paragraph (4), “or an enforcing authority” were omitted;

(iii) in paragraph (5), “or the purposes of the enforcing authority in question” were omitted;

(k) in Article 31(1), the following subparagraphs were omitted—

(i) sub-paragraphs (a) to (i); and

(ii) sub-paragraphs (k) to (m);

(l) for Article 31(2), there were substituted—

(m) “(2) A person guilty of an offence under Article 31 is liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months, or to both;”;

(n) Article 31(3) were omitted;

(o) In Article 32—

(i) in paragraph (1), sub-paragraphs (a) and (b) were omitted;

(ii) paragraphs (3) and (4) were omitted;

(p) in Article 33, “bringing the offence within the field of responsibility of any enforcing authority” were omitted; and

(q) in Article 39, paragraphs (3A), (4) and (5) were omitted.