Cableway installations law - UK.pdf

  • View
    12

  • Download
    0

Embed Size (px)

Transcript

  • - S T A T U T O R Y I N S T R U M E N T

    CONSULTATION DRAFT

    2003 No.

    TRANSPORT

    The Cableway Installations Regulations 2003

    Made - - - - - 2003

    Laid before Parliament 2003

    Coming into force - - 2003

    ARRANGEMENT OF REGULATIONS

    Part I

    Preliminary

    Regulation1. Citation and commencement2. Interpretation etc.3. Application of the Regulations

    Part II

    General Requirements

    4. Cableway installations - duties on the main contractor5. Cableway installations - putting into service6. Cableway installations - operation7. Safety components - placing on the market8. Subsystems - placing on the market9. Subsystems and safety components - duties on persons other than the responsible person10. Subsystems and safety components - exceptions to placing on the market

  • 211. Conditions for Cableway installations, subsytems and safety components being taken toconform with the provisions of the Regulations

    Part III

    Authorisation Bodies and Notified Bodies

    12. Functions of an authorisation body13. Functions of a notified body14. Notified bodies and authorisation bodies appointed by the Secretary of State15. Duties on notified bodies to consult16. Notified bodies and authorisation bodies - fees17. Application for a stage 1 authorisation18. Application for a stage 2 authorisation19. Granting of stage 1 and stage 2 authorisations20. Authorisation bodys refusal to give an authorisation in respect of a cableway installation21 Notified bodys refusal to indicate conformity22. Information to be given to a notified body

    Part IV

    Enforcement

    23. Enforcement in Great Britain24. Enforcement in Northern Ireland25. Notices in relation to a safety component or subsystem that is not safe26. Notices in relation to a safety component or subsystem that is not safe - notification to the

    Commission27. Notices in relation to a cableway installation that is not safe28. Defence of due dilligence29. Liability of persons other than the principal offender

    Part V

    Miscellaneous

    30. Amendment of the Railways and Other Transport Systems (Approval of Works, Plant andEquipment) Regulations 1994

    31. Consequential amendments

    Schedules

    1. Subsystems of an installation2. Essential requirements3. Safety analysis4. Safety components: EC declaration of conformity5. Safety components: assessment of conformity6. Subsystems: EC declaration of conformity7. Subsystems: EC assessment of conformity8. Minimum criteria to be taken into account by Member States for the notification of bodies

  • 39. CE conformity marking

    The Secretary of State for Transport, being a Minister designated(a) for the purposes of section2(2) of the European Communities Act 1972(b) in relation to measures relating to cablewayinstallations designed to carry people and components of such installation, in exercise of thepowers conferred upon him by that section, hereby makes the following Regulations:

    Part IPreliminary

    Citation and commencement

    1.These Regulations may be cited as the Cableway Installations Regulations 2002 and shallcome into force on xx 2003.

    Interpretation etc.

    2.(1) In these Regulations the "Cableway Installations Directive" means Directive2000/9/EC(c) of the European Parliament and Council relating to cableway installations designedto carry persons and any reference in the Schedules to the Directive and this Directive shall beconstrued accordingly.

    (2) Except for the references to the European Communities in the definition of "theCommission" and in relation to the Official Journal, a reference to the Community includes areference to the EEA, and a reference to a Member State includes a reference to an EEA State.

    (3) For the purposes of paragraph (2)

    (a) the "EEA" means the European Economic Area;

    (b) an "EEA State" means a State which is a Contracting Party to the EEA Agreement; and

    (c) the "EEA Agreement" means the Agreement on the European Economic Area signed atOporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March1993(d).

    (4) In these Regulations

    (a) Annexes I to IX of the Cableways Installations Directive are respectively set out inSchedules 1 to 9 hereto;

    (b) a reference to a numbered regulation or Schedule is a reference to the regulation orSchedule so numbered in these Regulations;

    (a)S.I. 2001/2555(b)1972 c. 68.(c)O.J. L 106, 3.5. 2000, p. 21.(d) Cmnd. 2972 and 2183. The application of the Cableways Directive was extended to the EEA from 29 September 2001 by

    virtue of Decision No. 115/2001 of the EEA Joint Committee (O.J. No. L 322, 6.12.2001, p.27.) which inserted a referenceto the Cableways Directive after point 1a in Chapter XXIV of Annex II to the EEA Agreement.

  • 4(c) a reference to a numbered paragraph is a reference to the paragraph so numbered in theregulation in which that reference occurs; and

    (d) a reference to an Article is a reference to the Article so numbered in the CablewayInstallations Directive and a reference to a paragraph of an Article shall be construedaccordingly.

    (5) In these Regulations [unless the context otherwise requires]

    the 1974 Act means the Health and Safety at Work etc Act 1974(a);

    the 1978 Order means the Health and Safety at Work (Northern Ireland) Order 1978(b);

    authorisation body means a body which has been appointed as an authorisation body in theUnited Kingdom pursuant to regulation 14;

    authorised cableway installation means a cableway installation which has been given a stage 2authorisation by an authorisation body in accordance with regulation 19;

    cableway installation means an installation made up of several components that(a) is used or intended to be used for the purpose of providing an operational system

    for carrying persons in vehicles, on chairs or by towing devices;(b) uses cables positioned along the line of travel to provide suspension or traction;

    and(c) is one of the following

    (i) cable car (including a gondola and chair lift) where the cabins or chairsare lifted or displaced by one or more carrier cables;

    (ii) drag lift, where users with appropriate equipment are dragged by meansof a cable; or

    (iii) funicular railway and other cableway installation with vehicles mountedon wheels or on other suspension devices where traction is provided byone or more cables;

    "CE marking" or "CE conformity marking" means a marking consisting of the initials CE inthe form shown in Schedule 9;

    "the Commission" means the Commission of the European Communities;

    conformity assessment procedure means a process for assessing the conformity of safetycomponents and subsystems with the provisions of these Regulations, undertaken

    (a) in relation to a safety component, in accordance with the procedures set out in Schedule 5;and

    (a) 1974 c. 37.(b) S.I. 1978/1039 (N.I. 9).

  • 5(b) in relation to a subsystem, in accordance with the procedures set out in Schedule 7;

    declaration of conformity means

    (a) in relation to a safety component, a declaration which conforms with the modules setdown in Council decision 93/465/EEC(a) and contains the information set out in Schedule4; and

    (b) in relation to a subsystem, a declaration which contains the information set out inSchedule 6;

    EC examination certificate means a certificate drawn up in accordance with Schedule VII inrelation to a subsystem;

    essential requirements means such of the essential requirements set out in Schedule 2 as arerelevant to a cableway installation, safety component or subsystem,

    European specification referred to in Article 2(2) of this Directive means a common technicalspecification, a European technical approval or a national standard transposing a harmonisedstandard

    "the Executive" means (a) in Great Britain, the Health and Safety Executive(b); and (b) in Northern Ireland, the Health and Safety Executive for Northern Ireland(c);

    harmonised European standard means a technical specification (a European standard orharmonisation document), adopted on a mandate from the European Commission, by theEuropean Committee for Electrotechnical Standardisation, or European Committee forStandardisation or by both of those bodies, in accordance with Directive 98/34/EC of 22nd June1998 of the European Parliament and of the Council(d) laying down a procedure for the provisionof information in the field of technical standards and regulations, and of which the referencenumber is published in the Official Journal of the European Communities;

    infrastructure means layout, system data, station structures and structures along the line neededfor the construction and operation of the installation (including the foundations) that are designedspecially for each installation and constructed on site;

    innovative approach means an approach to the design or construction of a subsystem or safetycomponent which involves the use of a standards [or a specification] that is not approved by arecognised standardising body;

    installation means the whole on-site system consisting of infrastructure and subsystems;

    (a) Council Decision of 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformityassessment procedures and the rules for affixing and use of the CE conformity marking, which are intended to be used in thetechnical harmonisation Directives, (O.J. L.220, 30.8.1993, p. 23).

    (b) Established under section 10 of the 1974 Act.(c) Formerly known as the Health and Safety Agency for Northern Ireland which was established under Article 12 of the H