
1 
—
(1) These Regulations may be cited as the Lifting Plant and Equipment (Records of Test and Examinations etc.) Regulations (Northern Ireland) 1993 and shall come into operation on 1st January 1994.
(2) For the purposes of these Regulations (including any enactment amended by these Regulations) a record need not be a document.
2 
—
(1) Where, under a provision specified in column 3 of Part I of Schedule 1, a record is required to be obtained, kept or made following a test, test and examination or test and thorough examination carried out after the coming into operation of these Regulations, that record shall contain, in each case, the particulars specified in Part III of Schedule 1.
(2) Where, under a provision specified in column 3 of Part I of Schedule 1, a record is required to be obtained, kept or made following a thorough examination carried out after the coming into operation of these Regulations, that record shall contain the particulars specified in Part IV of Schedule 1.
(3) The record required to be kept pursuant to section 27(1)(g) of the Factories Act (Northern Ireland) 1965 shall, in respect of any chains, ropes or lifting tackle subject to the provisions of that paragraph and first used after the coming into operation of these Regulations, contain the particulars specified in Part V of Schedule 1.
(4) Where, under a provision specified in column 3 of Part II of Schedule 1, a record is required to be made or sent to a specified person following a thorough examination carried out after the coming into operation of these Regulations, that record shall contain the particulars specified in Part VI of Schedule 1.
3 
Any particulars required by regulation 2 or by virtue of the Docks Regulations (Northern Ireland) 1989 shall be correctly recorded.
4 
Any record containing particulars required by regulation 2 or by virtue of the Docks Regulations (Northern Ireland) 1989—
(a) shall be authenticated by a person who is in a position to declare that the particulars contained in it are correct; and
(b) may be authenticated by signature or other equally effective means.
5 
The Act and Regulations specified in Schedule 2 shall be amended to the extent specified therein.
6 
—
(1) Any record obtained, kept, made or sent to a specified person following a test, test and examination, test and thorough examination or thorough examination carried out under a provision specified in column 3 of Part I or II of Schedule 1 or of section 27(1)(g) of the Factories Act (Northern Ireland) 1965 before the coming into operation of these Regulations shall contain the same particulars as would have been required if these Regulations (including the revocations effected by these Regulations) had not been made.
(2) Any certificate, register or report which, immediately before the coming into operation of these Regulations, satisfied the requirements of any of the provisions specified in column 3 of Part I or II Schedule 1 or of section 27(1)(g) of the Factories Act (Northern Ireland) 1965 shall be deemed to satisfy those requirements after such coming into operation.
7 
The instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
Sealed with the Official Seal of the Department of Economic Development on 20th August 1993.
P. B. Strong
Assistant Secretary

SCHEDULE 1
Regulation 2
Part I

(1) (2) (3)
Short title of enactment Reference Provision
Construction (Lifting Operations) Regulations (Northern Ireland) 1963 S.R. & O. (N.I.) 1963 No. 86; modified by S.R. 1979 No. 246 Regulations 19(4), 28(5) and (6), 34(1)(b), 35, 40, 46(1)(a) and (b) and 46(2).
Factories Act (Northern Ireland) 1965 1965 c. 20; modified by S.R. 1979 No. 246 Sections 27(1)(e) and 28(2) and (6).
Shipbuilding and Shiprepairing Regulations (Northern Ireland) 1971 S.R. & O. (N.I.) 1971 No. 372; modified by S.R. 1979 No. 246 Regulations 33(1) and (2), 35(1) and (2) and 36(1) and (2).
Part II

(1) (2) (3)
Short title of enactment Reference Provision
Factories Act (Northern Ireland) 1965 1965 c. 20 (N.I.) Section 23(2).
Office and Shop Premises (Hoists and Lifts) Regulations (Northern Ireland) 1969 S.R. & O. (N.I.) 1969 No. 26; modified by S.R. 1979 No. 284 Regulation 6(1).
Part III
1 
The description, date of manufacture, identification mark and location of the equipment referred to.
2 
The safe working load and (where relevant) corresponding radii, jib lengths and counterweights.
3 
Details of the test, test and examination or test and thorough examination carried out.
4 
The date of completion of the test, test and examination or test and thorough examination.
5 
A declaration that the information is correct and that the equipment has been tested, tested and examined or tested and thoroughly examined in accordance with the appropriate provisions and is found free from any defect likely to affect safety.
6 
The name and address of the owner of the equipment referred to.
7 
The name and address of the person declaring that the test, test and examination or test and thorough examination has been carried out.
8 
The date of making of the record of the test, test and examination or test and thorough examination.
9 
A number or other means of identifying the record.
Part IV
1 
The description, identification mark and location of the equipment referred to.
2 
The date of last thorough examination and number or other identification of the record of such thorough examination.
3 
The safe working load and (where relevant) corresponding radii.
4 
The date of the most recent test and examination or test and thorough examination and the date and number or other identification of the record of it.
5 
Details of any defects found and, where appropriate, a statement of the time by when each defect shall be rectified.
6 
The date of completion of the thorough examination.
7 
The latest date by which the next through examination should be carried out.
8 
A declaration that the information is correct and that the equipment has been thoroughly examined in accordance with the appropriate provisions and is found free from any defect likely to affect safety other than any such defect recorded by virtue of paragraph 5.
9 
The name and address of the owner of the equipment.
10 
The name and address of the person responsible for the thorough examination.
11 
The date of making of the record of the thorough examination.
12 
The name and address of the person who authenticates the record.
13 
A number or other means of identifying the record.
Part V
1 
The description identification mark and location of the equipment referred to in section 27(1)(g) of the Factories Act (Northern Ireland) 1965.
2 
The safe working load and (where relevant) corresponding radii of such equipment.
3 
Details and date of completion of the test and examination made under section 27(1)(e) of the Factories Act (Northern Ireland) 1965.
4 
Details and date of completion of each thorough examination made under section 27(1)(d) of the Factories Act (Northern Ireland) 1965.
5 
Details of any defect found and, where appropriate, a statement of the time by when each defect shall be rectified.
6 
The date of making of the record required to be obtained under section 27(1)(e) of the Factories Act (Northern Ireland) 1965 and the number or other identification of such record.
7 
The latest date by which the next thorough examination under section 27(1)(d) of the Factories Act (Northern Ireland) 1965 should be made.
8 
The name and address of the owner of the equipment referred to.
9 
The name and address of the person responsible for the test and examination made under section 27(1)(e) of the Factories Act (Northern Ireland) 1965 or the examination made under section 27(1)(d) thereof.
10 
The name and address of the person who authenticates the record.
11 
A number or other means of identifying the record.
Part VI
1 
The description, identification mark and location of the hoist or lift referred to.
2 
The date of the last thorough examination and number or other identification of the record of such thorough examination.
3 
The safe working load.
4 
Details of any parts which were inaccessible.
5 
Details of any defects found in the following:
(a) enclosure of hoistway or liftway;
(b) landing gate and cage gate;
(c) interlocks on the landing gate and cage gate;
(d) other gate fastenings;
(e) cage or platform and fittings, cage guides, buffers, interior of the hoistway or liftway;
(f) over-running devices;
(g) suspension ropes or chains, and their attachments;
(h) safety gear, that is to say, arrangements for preventing fall of platform or cage;
(i) brakes;
(j) worm or spur gearing;
(k) other electrical equipment;
(l) other parts; andwhere appropriate, a statement of the time by when each defect shall be rectified.
6 
The date of completion of the thorough examination.
7 
Latest date by which the next thorough examination should be made.
8 
A declaration that the information is correct and that the equipment has been examined in accordance with the appropriate provisions and is found free from any defect likely to affect safety other than any such defect recorded by virtue of paragraph 5.
9 
The name and address of the owner of the hoist or lift referred to.
10 
The name and address of the person responsible for the thorough examination.
11 
The date of making of the record of the thorough examination.
12 
The name and address of the person who authenticates the record.
13 
A number or other means of identifying the record.
SCHEDULE 2
Regulation 5
1 
The Construction (Lifting Operations) Regulations (Northern Ireland) 1963 shall be amended as follows—
(a) in regulation 19(4), for the final sentence, substitute—“A record of every such test and the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made forthwith”;
(b) In regulation 23(2), for “certificate of test and examination”, substitute—“record of the results of any test and thorough examination”;
(c) for regulation 28(5), substitute the following paragraph—“
(5) No crane, crab winch, pulley block or gin wheel shall be used unless there has been obtained a record of any test and thorough examination required by paragraphs (1) and (2) and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993”.
(d) for regulation 28(6), substitute the following paragraph—“
(6) A record of every test or thorough examination required by paragraphs (1) to (3), containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days:
 Provided that this paragraph shall not apply to a test or thorough examination of which a record has been obtained in accordance with paragraph (5)”;
(e) for regulation 28(7) substitute the following paragraph—“
(7) The person authenticating the record of any test or examination required by paragraphs (1) to (3) shall within twenty-eight days of the completion of the test or examination send a copy of the particulars in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision in every case where the test or examination shows that the plant or equipment cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.”;
(f) for regulation 34(1)(b), substitute the following sub-paragraph—“
(b) (except in the case of a wire rope used before the commencement of these Regulations or a fibre rope or fibre rope sling) it has been tested and examined by a competent person and a record of such test and examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained; and”;
(g) in regulation 34(2), for “report”, in each place where that word occurs, substitute “record”;
(h) in regulation 35—
(i) for the words from “in the prescribed form” to “specifying the safe working load:”, substitute the following—“a record of such test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993:”, and
(ii) for “certification”, substitute “obtaining a record”;
(i) in regulation 40, for the final sentence, substitute the following—“A record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made forthwith.”;
(j) in regulation 46(1)(a), for the words from “and there has been obtained” to the end, substitute the following—“and a record of such test and thorough examination, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained;”;
(k) in regulation 46(1)(b), for the words from “and a report of the results” to the end, substitute the following—“and a record of results of such test and thorough examination, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been made; and”;
(l) for regulation 46(2), substitute the following paragraph—“
(2) A record of every thorough examination required by sub-paragraph (c) of the foregoing paragraph and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days.”;
(m) for regulation 46(3), substitute the following paragraph—“The person authenticating the record of any test or examination required by paragraph (1) shall within twenty-eight days of the completion of the test or examination send a copy of the particulars contained in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision in every case where the test or examination shows that the hoist cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time”;
(n) in regulation 50(1)—
(i) after “reports” where it first occurs, add “or records”,
(ii) after “kept” where it first occurs, add “or the particulars in them shall be capable of inspection (which shall include the ability to make an accurate and legible written copy)”, and
(iii) after “kept” where it second occurs, add “or the particulars contained in them shall be capable of inspection as aforesaid”;
(o) in regulation 50(2):
(i) for “documents” and “document” on the occasion where each occurs, substitute “record”, and
(ii) for “certificate” where it last occurs, substitute “certificate or record”; and
(p) in regulation 50(3), for “documents”, substitute “records”, and for “document”, substitute “record”.
2 
The Factories Act (Northern Ireland) 1965 shall be amended as follows—
(a) for section 23(2), substitute the following sub-section—“
(2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months and a record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be made within twenty-eight days, and any such record shall be kept and the particulars in it shall be available for inspection as if it formed part of the general register.”;
(b) for section 23(3), substitute the following sub-section—“
(3) Where the thorough examination shows that the hoist or lift cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person who authenticates the record shall within twenty-eight days of the completion of the thorough examination send a copy of the particulars contained in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision.”;
(c) for section 27(1)(e), substitute the following paragraph—“
(e) a chain, rope or lifting tackle, except a fibre rope or a fibre rope sling, shall not be taken into use in any factory for the first time in that factory, unless it has been tested and thoroughly examined by a competent person and a record of the test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained and the particulars in that record are kept available for inspection;”;
(d) for section 27(1)(g), substitute the following paragraph—“
(g) a record containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be kept in respect of all such chains, ropes or lifting tackle, except fibre rope slings.”;
(e) for section 28(2), substitute the following sub-section—“
(2) All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months and a record shall be kept of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 and where the thorough examination shows that the lifting machine can not continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person who authenticates the record shall within twenty-eight days of the completion of the thorough examination send a copy of the particulars in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision.”; and
(f) in section 28(6), for the words from “certificate of the test” to the end, substitute the following—“record of the test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained and the particulars in that record are kept available for inspection.”
3 
The Office and Shop Premises (Hoists and Lifts) Regulations (Northern Ireland) 1969 shall be amended as follows—
(a) in regulation 6(1)—
(i) for the words from “report of the result of every such examination” to “examination and”, substitute the following—“record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993”, and
(ii) for “report of the result of the examination”, substitute “record of the thorough examination and of the results thereof”;
(b) for regulation 6(2), substitute the following paragraph—“
(2) The record of every thorough examination and of the results thereof made in pursuance of paragraph (1) shall be preserved and the particulars in that record shall be kept readily available for inspection by any inspector for, in each case, two years after the date when the record is signed or otherwise authenticated.”; and
(c) in regulation 6(3)—
(i) for “making the report”, substitute “who authenticates the record”, and
(ii) for “copy of the report”, substitute “copy of the particulars contained in the record”.
4 
The Shipbuilding and Ship-repairing Regulations (Northern Ireland) 1971(a) shall be amended as follows—
(a) in regulation 33(1), for the second sentence, substitute—“A record of such test and thorough examination and of the results thereof containing the particulars required by the Lifting Plant and Equipment (Record of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall have been obtained and the particulars in that record shall be available for inspection”;
(b) for regulation 33(2), substitute the following paragraph—“
(2) Subject to paragraphs (4) and (5), every lifting appliance shall be thoroughly examined by a competent person at least once in every period of twelve months and a record of every such examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be kept and the particulars in that record shall be available for inspection. In the case of lifting appliances in a shipyard, the person by whom the record is authenticated shall within twenty-eight days of the completion of the examination send a copy of the particulars in the record to an inspector appointed by the Department of Economic Development under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 who is authorised for the purposes of this provision in every case where the examination shows that the lifting appliance can not continue to be used with safety unless certain repairs are carried out immediately or within a specified time.”;
(c) in regulation 35(1), for the words from “A certificate of test” to “shall be available for inspection”, substitute—“A record of such test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall have been obtained and the particulars in that record shall be available for inspection,”;
(d) in regulation 35(2), for the words from “a certificate of such test” to the end, substitute—“a record of such test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 has been obtained and the particulars in that record are available for inspection.”; and
(e) in regulation 36(1) and (2), for the words from “reports of the results” to the end, substitute in each case—“records of such thorough examinations and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993 shall be kept and the particulars in the records shall be available for inspection”.
5 
The Docks Regulations (Northern Ireland) 1989 shall be amended as follows:—
(a) in regulation 15(1)(a)(i) for “certificate or report” substitute “record” and for the word “or” where it second occurs, substitute the word “and”, and
(b) in regulation 17, for “certificate or report”, on each occasion where those words occur, substitute “record”.
SCHEDULE 3
Regulation 7


(1) (2) (3)
Title of Instrument Reference Extent of Revocation
Factories (Chains, Ropes and Lifting Tackle—Register) Order (Northern Ireland) 1939 S.R. & O. (N.I.) 1939 No. 66 (p. 171) The whole Order
Construction (Lifting Operations) Prescribed Particulars Order (Northern Ireland) 1963 S.R. & O. (N.I.) 1993 No. 130 Articles 2, 3, 4 and 6 and Parts I, II, III, IV and VI of the Schedule
Construction (Lifting Operations) Certificates Order (Northern Ireland) 1963 S.R. & O. (N.I.) 1963 No. 131 The whole Order
Construction (Lifting Operations) Reports Order (Northern Ireland) 1963 S.R. & O. (N.I.) 1963 No. 132 Articles 3 and 5 and Parts II and IV of the Schedule
Lifting Machines (Particulars of Examinations) Order (Northern Ireland) 1963 S.R. & O. (N.I.) 1963 No. 180 The whole Order
Construction (Lifting Operations) Certificates(Amendment) Order (Northern Ireland) 1967 S.R. & O. (N.I.) 1967 No. 132 The whole Order
Docks Certificates Order (Northern Ireland) 1967 S.R. & O. (N.I.) 1967 No. 138 The whole Order
Hoists and Lifts (Reports of Examinations) Order (Northern Ireland) 1968 S.R. & O. (N.I.) 1968 No. 229 The whole Order
Office and Shop Premises (Hoists and Lifts) Reports Order (Northern Ireland) 1969 S.R. & O. (N.I.) 1969 No. 27 The whole Order
Shipbuilding (Reports on Chains and Lifting Gear) Order (Northern Ireland) 1975 S.R. 1975 No 167 The whole Order
Shipbuilding (Reports on Ropes and Rope Slings) Order (Northern Ireland) 1975 S.R. 1975 No. 168 The whole Order
Shipbuilding (Reports on Lifting Appliances) Order (Northern Ireland) 1975 S.R. 1975 No. 190 The whole Order
Shipbuilding (Lifting Appliances etc. Forms) Order (Northern Ireland) 1975 S.R. 1975 No. 191 Articles 2 and 3 and Parts I, II and III of the Schedule.
Docks Regulations (Northern Ireland) 1989 S.R. 1989 No. 320 Regulation 15(1)(a)(ii)