Statutory guidance

Simple Pressure Vessels (Safety) Regulations 2016: Great Britain

Updated 4 December 2024

Guidance on the regulations they apply to vessels being supplied in or into Great Britain.

This guidance has been amended to reflect the announcements on 1 August 2023 and 24 January 2024 that the Government is extending recognition of certain goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024.

December 2024

1. Introduction

This Guide is for businesses placing simple pressure vessels on the market in Great Britain (“GB”).

Read guidance on the regulations in Northern Ireland (“NI”).

This Guide is designed to help you understand The Simple Pressure Vessels (Safety) Regulations 2016, as they apply in GB (referred to in this document as the “2016 Regulations”). The 2016 Regulations set out the requirements that must be met before simple pressure vessels can be placed on the GB market. The purpose of the legislation is to ensure only safe vessels are placed on the GB market, by requiring manufacturers to show how their vessels meet the ‘essential safety requirements’.

2. Legislative Background

The Simple Pressure Vessels (Safety) Regulations 2016 implemented Directive 2014/29/EU on simple pressure vessels. The EU Withdrawal Act 2018 preserved the Regulations and enabled them to be amended so as to continue to function effectively now the UK has left the EU. Accordingly, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.

There is therefore one set of UK 2016 Regulations but some of the provisions apply differently in NI under the terms of the Windsor Framework. References to “the 2016 Regulations” in this guidance are references to those Regulations as they apply in GB.

The following legislative amendments and Government announcements apply:

• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to GB only, and not to NI, in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) and now the Windsor Framework.
• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), UKCA marking, to amend the definition of “authorised representative” as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying NI goods.
• On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 14 November 2022 the Government announced it would be extending this until 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave effect to this.
• On 20 June 2022, the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.
• On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law.

Read guidance on the regulations in NI

3. Scope

The 2016 Regulations apply to simple pressure vessels manufactured in series with the following characteristics:

• the vessels are welded, intended to be subjected to an internal gauge pressure greater than 0.5 bar and to contain air or nitrogen, and are not intended to be fired
• the parts and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys

• the vessel is made of either of the following elements:

• a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part

• two dished ends revolving around the same axis.

• the maximum working pressure of the vessel does not exceed 30 bar and the product of that pressure and the capacity of the vessel (PS × V) does not exceed 10 000 bar.L
• the minimum working temperature is no lower than – 50 °C and the maximum working temperature is not higher than 300 °C for vessels constructed of steel and 100 °C for aluminium or aluminium alloy vessels

4. Requirements

There are different requirements according to the category of vessel.

Category A vessels must be designed and manufactured in accordance with the ‘essential safety requirements’ before being placed on the market. Compliance with the terms set out in a designated standard is one way that may demonstrate compliance with the essential safety requirements of the 2016 Regulations. A “designated standard” means a technical specification which has been adopted by a recognised standardisation body ^{[footnote 1]} for repeated or continuous application and which has been designated by the Secretary of State by publishing its reference. A “technical specification” is a document listing the technical requirements which a product must meet.

View designated standards for simple pressure vessels

Category B vessels (of a lower capacity and pressure and therefore a lower risk than Category A) must be designed and manufactured in accordance with sound engineering practice.

• Category A vessels are simple pressure vessels of which the product of PS x V exceeds 50 bar.L
• Category B vessels are simple pressure vessels of which the product of PS x V is 50 bar.L or less

5. Obligations of manufacturers

A manufacturer is a person who manufactures a simple pressure vessel, or has simple pressure vessels designed or manufactured, and markets that simple pressure vessel under their name or trademark.

The obligations of manufacturers of simple pressure vessels include:

1) Before placing a Category A vessel on the GB market, a manufacturer must:

a) design and manufacture it in accordance with the essential safety requirements (set out in Schedule 1 to the 2016 Regulations)

b) draw up technical documentation

c) decide which conformity assessment marking (UKCA, CE, or CE + UKNI) they intend the vessel to have when placed on the GB market

d) ensure that the relevant conformity assessment procedure is carried out

e) draw up a declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked)

f) ensure that the declaration of conformity accompanies the product

g) affix the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI goods)) visibly, legibly and indelibly to the vessel or its data plate. and the last two digits of the year in which the UKCA marking is affixed

h) affix the inscriptions (that is, the maximum working pressure and temperature, the minimum working temperature and the capacity of the vessel)

2) Before placing a Category B vessel on the GB market, a manufacturer must:

a) design and manufacture it in accordance with sound engineering practice

b) affix the inscriptions (that is, the maximum working pressure and temperature, the minimum working temperature and the capacity of the vessel) to the vessel or its data plate

3) For category A vessels, the manufacturer must keep the declaration of conformity up to date and must keep it and the technical documentation for 10 years after the vessel has been placed on the GB market.

4) The manufacturer must also label the vessel or its data plate with the type and serial or batch identification, the manufacturer’s name, registered trade name or registered trade mark and address and ensure that it is accompanied by instructions and safety information which are clear, legible and in easily understandable English.

5) The manufacturer must ensure that procedures are in place for series production to remain in conformity with Part 2 of the 2016 Regulations. In doing so, they must take account of any changes in simple pressure vessel design or characteristics, and any change in a harmonised standard or in another technical specification by reference to which the declaration of conformity was drawn up.

6) The manufacturer must, when appropriate with regard to any risk posed to end-users, carry out sample testing of vessels that they have placed on the GB market and investigate any complaints that the vessels are not in conformity with the relevant legal requirements in the Regulations and keep a register of those complaints, of vessels not in conformity, and of any product recalls.

7) Manufacturers must take action where they have reason to believe that a vessel they have placed on the GB market is not in conformity with the legal requirements of the 2016 Regulations by bringing the vessel into conformity, withdrawing the vessel or recalling the vessel. Where the vessel presents a risk, the manufacturer must immediately inform the market surveillance authority (MSA), giving details of how the vessel is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

8) The manufacturer must also cooperate with and provide information to enforcing authorities following any requests.

Manufacturers wishing to place goods on the NI market should follow the Regulation as it applies to NI. Qualifying NI goods can be placed on the GB market without any additional approvals, although additional information as to the UK based importer may be required, if the goods have an importer based in the EU/EEA See further detail in Section 10 on Qualifying NI Goods.

6. Obligations of authorised representatives

Manufacturers are able to appoint authorised representatives to perform certain tasks on their behalf.

Mandated authorised representatives for the GB market can be based in GB or NI but cannot be based outside the UK. A manufacturer can only mandate an authorised representative established in the UK, under the 2016 Regulations as they apply in GB.

No GB-based authorised representatives are recognised under EU law. This means that GB-based authorised representatives cannot carry out tasks on the manufacturer’s behalf for products being placed on the NI or EEA markets. Therefore, a GB manufacturer selling simple pressure vessels to the EEA market or into NI, who wishes to appoint an authorised representative to carry out tasks for them in respect of those vessels, must appoint an authorised representative based in NI or the EEA.

An authorised representative must comply with all the duties imposed on the manufacturer under the 2016 Regulations that they are appointed by the manufacturer to perform. There are some duties that a manufacturer cannot mandate an authorised representative to perform (e.g. conformity assessment) and some that must form part of the authorised representatives mandate (e.g. retention of technical documentation). The manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2016 Regulations to the manufacturer are to be taken to include a reference to the authorised representative including in relation to penalties for failure to comply with those duties.

7. Obligations of importers

An importer is a person or business based in the UK who places vessels on the GB market from a country outside the UK. This means that a UK business which acted as a ‘distributor’ before 1 January 2021 is now legally an ‘importer’ if they place products from an EEA country or Switzerland on the GB market and therefore must comply with the importer duties under GB legislation.

This includes vessels that are supplied to NI businesses from the EEA and then placed on the GB market. In this instance the NI business will take on importer obligations for EEA-supplied goods that are placed on the GB market (see also Section 10 on Qualifying NI Goods).

Importers have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the required conformity assessment procedures and including their (the importer’s) name, registered trade name or mark and a postal address on the equipment or, where this is not possible, on the accompanying documentation.

To assist with the transition, the UK is applying a transitional period ending on 31 December 2027 ^{[footnote 2]} to allow UK businesses who import from EEA states or Switzerland (and therefore are importers) into the GB market to provide their details on the accompanying documentation as an alternative to placing them on the vessel itself. This applies to goods that are not qualifying NI goods. For further detail, please see Section 10 on Qualifying NI Goods.

Can you be contacted easily if there is a problem?

A key principle underpinning product safety, for the benefit of consumers and regulators, is traceability of a product back to its source.

In recognition that under the new regulatory arrangements you may have the new status of an importer when placing simple pressure vessels from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such vessels on the market (until 31 December 2027) to indicate your name, registered trade name or registered trade mark and a postal address in a document accompanying the vessel, instead of on the vessel itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the vessel itself. This additional temporary easement is permitted until 31 December 2027.

We understand that it may be difficult to provide your details on documentation accompanying each and every individual product.

You may therefore use an alternative method where, for example, your contact information is on a document accompanying a batch of products. This document would then follow each batch of products through the distribution chain. Your contact details must follow each product through the distribution chain, but not necessarily by one document per product. Ultimately, the end user, each distributor (and a regulator) must be able to access the information.

Methods which enable traceability of the product after the initial batch has been broken up could include:

• The importer address is present in shipping documents.
• The importer address is present on the invoice to the GB customer.
• The importer address is present on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).
• The importer address is included on the EU Declaration of Conformity and/or UK Declaration of Conformity (whichever is relevant for the product in question).

You should work with your distributors to ensure physical documentation does accompany batches of product as far as possible, and in all cases that there are measures in place to ensure end users are able to identify the UK importer.

Alongside that, but not as an alternative, you can use your company website to provide more information, access to product details and contact points for retailers, consumers and enforcement bodies.

These options are for a time limited period only and may not be used after 31 December 2027. You are encouraged to put in place measures to ensure that individual items do carry the importer’s address where required ahead of this date.

The EU does not have any such transitional provision. In the absence of this, vessels being sold from GB to NI or the EU must be labelled with the NI or EU-based importer’s address.

Read guidance on the regulations in NI.

The obligations of importers include:

1) Before placing a Category A vessel on the GB market, an importer must ensure that:

a) it is in conformity Part 2 of the 2016 Regulations. This means that the vessel must comply with the essential safety requirements set out in Schedule 1 and that each economic operator has complied or is complying with their obligations under Part 2 of the 2016 Regulations

b) the relevant conformity assessment has been carried out by or on behalf the manufacturer

c) the manufacturer has drawn up technical documentation

d) the vessel bears the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI goods)) and is accompanied by the Declaration of Conformity (UK DoC if UKCA marked, EU DoC if CE marked)

2) For Category B vessels, the importer must ensure the vessel has been designed and manufactured in accordance with sound engineering practice and that the manufacturer has complied with their labelling obligations.

3) The importer must keep a copy of the Declaration of Conformity and technical documentation for a period of 10 years after the vessel has been placed on the GB market.

4) The importer must provide their name, registered trade name or registered trade mark and a postal address at which they can be contacted on the vessel or, where it is not possible to provide this on the vessel, or where the importer has imported the vessel from an EEA state or Switzerland and places it on the GB market before 31 December 2027, in documentation accompanying the vessel ^{[footnote 2]}.

5) The importer must ensure that when placing vessels on the GB market, it is accompanied by instructions and safety information which are clear, legible and in easily understandable English.

6) The importer must ensure that Category A vessels under their responsibility are safely stored and transported.

7) The importer must, when appropriate with regard to any risk posed to consumers, carry out sample testing of vessels and investigate complaints about vessels that are not in conformity with the 2016 Regulations and keep a register of those complaints.

8) The importer must take action where they have reason to believe that the vessel they have placed on the GB market is not in conformity with the legal requirements of the 2016 Regulations by bringing the vessel into conformity, withdrawing the vessel or recalling the vessel. Where the vessel presents a risk, the importer must immediately inform the MSA, giving details of how the vessel is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

9) The importer must also cooperate with and provide information to enforcing authorities following any requests.

Qualifying NI goods complying with the legislation as it applies in NI, including affixing the CE marking, may also be placed on the GB market. See further detail in Section 10 on Qualifying NI Goods.

8. Obligations of distributors

UK businesses which were distributors of simple pressure vessels within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they need to comply with – see section 7 above. The same applies to distributors of vessels from the EEA and Switzerland.

A distributor is any person, other than the manufacturer or importer, who makes a simple pressure vessel available on the GB market.

The obligations of distributors include:

1) Before making a simple pressure vessel available on the GB market, the distributor must act with due care to ensure that it is in conformity with Part 2 of the 2016 Regulations.

2) Before making a Category A vessel available on the GB market, the distributor must ensure that it bears the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI goods)) and

3) for all vessels subject to the Regulations the distributor must ensure that:

a) the vessel bears the inscriptions

b) the vessel is accompanied by instructions and safety information, and that

c) the manufacturer has complied with the requirements as to labelling and the importer has complied with the requirements as to identification

4) The distributor must ensure that the Category A vessels under their responsibility are safely stored and transported.

5) The distributor must take action where they have reason to believe that the vessel they have placed on the GB market is not in conformity with the legal requirements of the 2016 Regulations by bringing the vessel into conformity, withdrawing the vessel or recalling the vessel. Where the vessel presents a risk, the distributor must immediately inform the MSA, giving details of how the vessel is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

6) The distributor must also cooperate with and provide information to enforcing authorities following any requests.

9. Conformity assessment and marking before placing a vessel on the GB market

As set out in section 5 above, before placing a Category A vessel on the GB market or using it for their own purposes, the manufacturer must:

a) design and manufacture the vessel in accordance with the essential safety requirements

b) determine the conformity procedure that applies, carry out the relevant conformity assessment procedure, (or have it carried out by an independent third party, depending on the category the product falls into), and draw up the relevant technical documentation.

The product should then be marked with the applicable conformity assessment marking, provided it meets the essential requirements, and the relevant conformity assessment procedure has been carried out and/or a certificate has been issued by the relevant body.

What conformity assessment marking should the product have and when?

In line with the Government’s announcements on 1 August 2023 and 24 January 2024 about extended recognition of CE marking for products intended for the GB market, the Product Safety and Metrology etc. (Amendment) Regulations 2024 were made on 23 May 2024, and came into force on 1 October 2024.

These regulations extend recognition of CE marking indefinitely in GB. This allows businesses to use either CE or UKCA markings when placing goods on the GB market beyond 31 December 2024.

However, if GB based businesses wish to place products on the EEA market, they will continue to require a CE marking before the product is placed on the EEA market, including NI.

Placing on the market in GB	Conditions to be met	Timeframe
Can be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20
Must be UKCA marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20
Can be UKCA marked, but not CE marked	If the product is intended for placing on the GB market after 1 October 2024, and conformity assessment steps have been begun by an EU Notified Body and completed by a UK Approved Body, and has met all the essential safety requirements	New, since 1 October 2024

Placing on the market in NI	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body and meets all the essential safety requirements	Since 31/12/20
Must be CE + UKNI marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20

Placing on the market in EEA	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20

Can a product be dual marked CE and UKCA?

Yes, but only, and before placing on market:

a) where an EU Notified Body has completed conformity assessment procedures for CE marking, and

b) where a UK Approved Body has completed conformity assessment procedures for UKCA marking, and it meets all the essential safety requirements

OR from 1 October 2024:

c) where an EU Notified Body has completed conformity assessment procedures for CE marking and it meets all the essential safety requirements, the product can also be UKCA marked, or

d) where an EU Notified Body has begun conformity assessment procedures for CE marking, and these have then been completed by a UK Approved Body for UKCA marking and it meets all the essential safety requirements, the product can be UKCA marked

Can a CE marked product already on the market, subsequently be UKCA marked?

A product already on the market, marked with a CE marking, cannot subsequently be UKCA marked, unless it has undergone full conformity assessment by a UK Approved Body and meets all the essential requirements.

Any queries about CE marking or UKCA marking policy should be directed to Goods.Regulation@businessandtrade.gov.uk.

Where do I affix the conformity assessment marking?

The conformity assessment marking should be affixed visibly, legibly and indelibly to the vessel. Where it is not possible or not warranted on account of the nature of the vessel to affix the conformity assessment marking directly on the vessel (or its data plate), then it can be affixed to the packaging and accompanying documents.

Until 31 December 2027, the UKCA marking may be affixed to a label affixed to the vessel or a document accompanying the vessel, rather than being affixed to the vessel itself (even where it is otherwise possible to affix it to the vessel itself). ^{[footnote 3]}

Placing on the market

A fully manufactured good is ‘placed on the market’ when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

Products imported for further manufacture and components

When products are imported into GB for further manufacture or processing, they are not considered placed on the market. Only fully manufactured products can be considered placed on the market. Under these circumstances, the GB manufacturer of the finished product has the sole and ultimate responsibility for ensuring it is compliant before they place it on the GB market.

A finished product must be compliant with all applicable legislation when placed on the GB market. Components may be placed on the market separately and can constitute a fully manufactured product in its own right. This may include a requirement for the components of the product to be individually conformity assessed and marked. However, for many products, a single marking covering the overall product is sufficient.

Spares

Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.

This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).

Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by MSAs.

If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with the relevant legislative requirements at the time the product is first placed on the market or put into service.

10. Qualifying Northern Ireland Goods

The Government committed to providing unfettered access for qualifying NI goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in NI in accordance with the legislation, as it applies to NI, can be sold in the rest of the UK without any additional approvals.

This means that products that are qualifying NI goods can be sold in the rest of the UK if any of the following apply:

• the CE marking is lawfully applied to the good on the basis of self-declaration
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement) and a CE marking is affixed
• the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body and a CE marking has been affixed
• any mandatory third-party conformity assessment was carried out by a UK-based body, and the good is therefore marked with the CE marking and with the new UKNI marking

This will be the case even if there are changes between the EU rules that apply in NI under the terms of the Windsor Framework and the GB rules.

Read guidance on UKNI marking.

NI businesses that are importing products from the EEA and placing them on the GB market must ensure that the relevant conformity assessment procedure has been carried out, that the technical documentation has been drawn up and that the vessel bears the CE marking. They will also have to comply with the importer labelling duties (see Section 7 on obligations of importers).

Read guidance on qualifying NI goods.

11. Approved Bodies

The UK established a new framework for UK based bodies to assess simple pressure vessels against GB rules. Existing UK notified bodies were granted new UK ‘approved body’ status and are listed on a new UK database.

UK approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2016 Regulations.

These approved bodies retain their 4-digit identification number. New approved bodies will be assigned a number by the Office for Product Safety and Standards on behalf of the Secretary of State.

Approved bodies can assess vessels for the GB market against GB essential safety requirements (which are, as yet, the same as EU essential requirements).

Approved bodies must be established in the UK and be independent of the manufacturer. Approved bodies must examine the technical documentation and supporting evidence in respect of a vessel to assess the adequacy of the technical design.

Where an approved body finds that essential safety requirements have not been met, they must not issue a certificate of conformity and they must require the manufacturer to take corrective measures.

View the register of UK Approved Bodies.

The register also contains details of bodies in other countries such as Australia, New Zealand, Canada, Japan, and the United States of America, which the UK is designating as Approved Bodies through Mutual Recognition Agreements.

12. Enforcement

For products intended for workplace use, the Health and Safety Executive (HSE) has a duty to enforce the Regulations in GB.

In GB, local trading standards authorities have a duty to enforce the Regulations in relation to private use or consumption.

Where the vessels are intended to be used on nuclear sites (either primarily or exclusively), the Office for Nuclear Regulation has a duty to enforce the 2016 Regulations.

The 2016 Regulations also provide powers to the Secretary of State or a person appointed to act on their behalf to enforce the 2016 Regulations and RAMS in its application to vessels (Regulation (EC 765/2008, as amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, which sets out requirements for market surveillance of products).

The 2016 Regulations provide the power to enforcing authorities to take action against economic operators for vessels that present a risk or are not in conformity with the Regulations. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.

The UK MSAs will take all appropriate measures and ultimately can withdraw from the market or prohibit and restrict the supply of vessels which may endanger the health and safety of persons, property or the environment.

Regulators’ Code

MSAs must have regard to the Regulators’ Code when developing the policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, regulators should clearly explain what the non-compliant item or activity is, the advice being given, actions required, or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising their regulatory functions.

Read the Regulators’ Code.

Penalties

A person committing an offence under the 2016 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to three months for the most serious offences. It is a matter for the enforcement authority to decide what action is appropriate in each case taking into account the circumstances of the case and the enforcement authorities’ own policies, operational procedures and practices in line with the Regulators Code. Should a prosecution take place, it is at the discretion of the court to decide the penalties imposed on the offender.

13. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State.
• Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. Authorised representatives for the GB market must be based in the UK. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.
• CE marking – the conformity assessment marking used by the European Union. Certain goods (including simple pressure vessels) can be placed on the GB market bearing the CE marking. Where third party conformity assessment is required before the CE marking can be affixed, the assessment must be carried out by a Notified Body, not a UK Approved Body.

• Declaration of conformity – A document prepared by the manufacturer which must detail, amongst other things, the following:

  • the specific vessel to which the declaration is referring
  • the name and address of the manufacturer and, where applicable, their authorised representative

This must be kept by the manufacturer for a period of ten years from the date on which the vessel was placed on the GB market. This declaration must be made available to the enforcing authority upon request.

• Distributor – Any person in the GB supply chain, other than the manufacturer or the importer, who makes a vessel available on the GB market.
• Enforcing Authority – In GB, for vessels in use in the workplace, this is the Health and Safety Executive (apart from when used on nuclear sites). For products for private use this is local trading standards authorities. For vessels in use on nuclear sites, this is the Office for Nuclear Regulation.
• Importer – A person established in the UK who places a vessel from a country outside of the UK on the GB market. This includes a person based in NI who has been supplied with the product from an EEA country, who would, under NI law, be a distributor. A person who before 1 January 2021 (under EU Rules) distributed vessels within EU (including the UK) is now an importer if they are bringing vessels into GB from another country (including EU Member States, the EEA or Switzerland).
• Manufacturer – A person who manufactures a vessel or has a vessel designed or manufactured and markets that vessel under their name or trademark.
• UKCA Marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods (including simple pressure vessels) being placed on the GB market.
• UKNI Marking (also known as the UK(NI) indication) – The UKNI marking is a new marking applied in addition to the CE marking, where a good requiring mandatory third-party conformity assessment has been tested against EU requirements by a UK body. The UKNI marking applies when placing such products on the NI market. Under the Government’s unfettered access commitments, products lawfully marked with the UKNI marking can also be placed on the GB market if they are also qualifying NI goods.

14. Footnotes

1. Standardisation bodies recognised by this legislation are: the European Committee for Standardisation (CEN); the European Committee for Electrotechnical Standardisation (Cenelec); the European Telecommunications Standardisation (Cenelec); the British Standards Institute (BSI). ↩

2. On 20 June 2022, the Government announced the provisions for importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this. ↩ ↩²

3. On 24 August 2021 the Government announced the transition periods for UKCA marking and UKCA labelling would each be extended until 31 December 2022 and 31 December 2023 respectively. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 20 June 2022, the Government announced the provisions for UKCA marking and labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the transition period for UKCA marking until 31 December 2024 and the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this. ↩