Regs. 38A-38D inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 21 para. 24 (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(6)); 2020 c. 1, Sch. 5 para. 1(1)

http://www.legislation.gov.uk/uksi/2016/1092/regulation/38B/2020-12-31The Simple Pressure Vessels (Safety) Regulations 2016texttext/xmlenStatute Law DatabaseHEALTH AND SAFETYCONSUMER PROTECTION2025-03-17Expert Participation2020-12-31These Regulations transpose Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of member States relating to the making available on the market of simple pressure vessels (recast) (OJ L 96, 29.3.2014, p.45) (“the Directive”).PART 2Obligations of economic operatorsAll economic operatorsConformity assessment procedure obligation which is met by complying with the Directive38B.(1)

In this regulation—

(a)

any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b)

“harmonised standard” has the meaning given to it in Article 2(9).

(2)

Subject to paragraphs (4) and (5), paragraph (3) applies where, prior to the manufacture of a category A vessel, the manufacturer ensures that the conformity assessment procedure that applies to that vessel in accordance with Article 13(1) has been carried out.

(3)

Where this paragraph applies—

(a)

regulation 40 is to be treated as being satisfied;

(b)

any reference to “relevant conformity assessment procedure” in regulations 5(b), 6(1), 18(a), 38(b) and 43(c) is to be read as including the conformity assessment procedure referred to in Article 13(1); and

(c)

any reference to “technical documentation” in regulations 5(a), 8, 18(b) and 26(b) is to be read as including the technical documentation relating to the design of the vessel referred to in Annex II.

(4)

This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 12.

(5)

Where paragraph (4) applies, paragraph (2) is to be treated as requiring the manufacturer to have carried out the conformity assessment procedure set out in Article 13(1)(b).