UK Offence Report

The Freight Containers (Safety Convention) Regulations 2017

UK Statutory Instrument 2017 No. 325 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
8 March 2017
In force from
6 April 2017
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke and replace the Freight Containers (Safety Convention) Regulations 1984 (S.I. 1984/1890) (“the 1984 Regulations”). These Regulations and new Guidance implement the UK obligations under the International Convention for Safe Containers, 1972, as amended by resolutions MSC.310 (88) and resolution MSC.355(92) (“the Convention”). The Regulations update and modernise the freight containers safety approvals regime established by the 1984 Regulations. The Regulations set out the new container marking requirements and align physical dimensions and units to the international system of units, the globally recognised SI system. The Regulations apply to containers which have top corner fittings and a bottom area of at least 7 square metres or, if they do not have top corner fittings, a bottom area of at least 14 square metres. These Regulations require owners and lessees and others in control of freight containers used at work or supplied for use at work to comply with conditions of use, in accordance with the Convention. Regulations 4 and 5 impose a condition that a container must have a valid approval issued by the Health and Safety Executive (“the Executive”) or by a person or an organisation which it has appointed for that purpose, or by or under the authority of a foreign Government which has acceded to the Convention. Guidance on the arrangements for the approval of containers in Great Britain is set out in a document entitled “Approval of Freight Containers – Arrangements in Great Britain (The Green Guide)” obtainable from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and is published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk. Regulation 4 prohibits the use of containers unless the conditions set out in that regulation are met. All containers must display a valid safety approval plate as described in regulation 6. The detailed requirements about content and form of the safety approval plate are set out in the Schedule. Under regulation 4, containers must be properly maintained and meet the examination requirements set out in regulation 8. For examination requirements to be met, periodic examination schemes or continuous examination programmes must be approved by the Executive. Guidance entitled “Freight Container Examination Schemes or Programmes – Conditions for Approval (The Yellow Guide)” is obtainable from the Executive. Under these Regulations it is a defence to criminal proceedings if responsibility for maintenance and examination has passed to another person under express terms set out in a lease, sublease or bailment (regulation 4). Regulation 7 provides transitional arrangements for containers constructed before 1st July 2014. Safety approval plates that complied with the 1984 Regulations prior to 1st July 2014 may be retained until any structural modifications are made to that container. Regulation 9 requires containers with limited stacking or racking capacity to be marked under British Standard, Freight Containers – Coding, identification and marking BS EN ISO 6346: 1995. This standard is published by British Standards Limited 2013, ISBN 978 0 580 80120 4 and is available from www.bsigroup.com/shop or telephone +44 (0)20 8996 9001 or fax: +44 (0)20 8996 7001. Copies can also be obtained from the British Standards institute at Davy Avenue, Milton Keynes, Buckinghamshire, MK5 8PP. Regulation 10 revokes the 1984 Regulations. Regulation 11 introduces a provision which requires the Secretary of State to review the operation and effect of the Regulations and publish a report by 6th April 2022, which is five years after the date on which these Regulations come into force, and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. The Schedule provides that the safety approval plate must be in the form prescribed in Figure 1 which will be reproduced in the published printed copy of these Regulations. Figure 1 may not be reproduced in online or electronic formats. The Schedule paragraphs describe the safety approval plate specifications including that the plate must be made out of non-corroding material and how and where on the container it should be displayed. Paragraph 2 describes the dimensions and information that must be included on the safety approval plate. Paragraph 3 of the Schedule defines technical provisions relevant to the Schedule. A full impact assessment of the effect that these Regulations would have on the costs of business and the voluntary sector is available from the Executive. The Regulations and the two sets of guidance were notified in draft (Notification No.2016/0616/UK, Notification No. 2016/0617/UK and Notification No. 2016/0618/UK) on 28th November 2016) to the European Commission in accordance with 2015/1535/EC of the European Parliament and of the Council (2015 O.J. L241/1).

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