Division 2 Sale or transfer of plant

121   Seller or transferor to control risks

(1)  A person who sells or transfers new plant must ensure that risks arising from the condition of the plant are eliminated or, if this is not reasonably practicable, controlled.

(2)  A person selling or transferring used plant (other than plant for use as scrap or as spare parts for other plant) must advise the purchaser or intended owner of the plant in writing (before the sale or transfer) of any faults detected in the plant and, if appropriate, that the plant is not to be used until the faults are rectified.

(3)  Without limiting subclause (1), the person selling or transferring the plant must ensure that the plant complies with relevant risk control measures specified in clauses 89–95.

Maximum penalty: Level 4.

122   Seller or transferor to provide information

(1)  A person who sells or transfers plant must ensure that:

(a)  in respect of new plant—the purchaser or new owner of the plant is provided with all available information concerning health and safety about the plant received by the person from the manufacturer, and

(b)  in respect of used plant—the purchaser or new owner of the plant is provided with:

(i)  all available information concerning health and safety about the plant received by the person from the designer and manufacturer, and

(ii)  if available, any record kept by the previous owner of the plant in accordance with the requirements of this Regulation, and

(c)  the purchaser or new owner of the plant is provided with any information, data or certificate provided or kept in accordance with the standards specified in Schedule 1 (Standards covering design and manufacture of plant).

(2)  If plant is suitable only for use as scrap or for spare parts for other plant, the person who is selling or transferring it must advise the purchaser or new owner of the plant in writing or by marking on the plant, before it is sold or transferred, that:

(a)  the plant is sold or transferred for use as scrap or for spare parts for other plant only, and

(b)  the plant in its current state must not to be used for work but may be used only as scrap or for spare parts.

Maximum penalty: Level 4.

123   Seller or transferor to obtain information

(1)  A person who sells or transfers plant must obtain such information as is necessary to enable the person to fulfil the person’s responsibilities with respect to the following:

(a)  eliminating or controlling risks in respect of the plant,

(b)  providing information.

(2)  A person who sells or transfers plant must obtain the information that a manufacturer is required to provide to the person under clause 105 (Manufacturer to provide information).

Maximum penalty: Level 4.