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)”.

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)” .

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.

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.