35Safety duties of people in control of design, manufacture,

35 Safety duties of people in control of design, manufacture, import and supply of plant and systems (1) A person in control of the design, manufacture, import or supply of plant or a system for handling a dangerous substance must— (a) take all reasonable steps to ensure that the plant or a system is safe to handle the substance; and (b) if the person is a person in control of the supply of the plant or system—take all reasonable steps to ensure that appropriate information about the safe installation, operation, maintenance and repair of the plant or system is given to— (i) a person in control of the plant or system; and (ii) if the person mentioned in subparagraph (i) is not the owner—the owner of the plant or system; and (c) if the person (the appropriate person) becomes aware of a hazard or defect in relation to the plant or system—ensure that the designated person is told— (i) about the hazard or defect and its significance; and (ii) how the plant or system may be operated, modified, maintained or repaired to eliminate the hazard, correct the defect or minimise the risks resulting from the hazard or defect. designated person means— (a) if the appropriate person is a person in control of the design or import of the plant or system—a person in control of the manufacture of the plant or system; or

(b) if the appropriate person is a person in control of the manufacture of the plant or system—a person in control of the design or import (if any) of the plant or system; or (c) if the appropriate person is a person in control of the supply of the plant or system— (i) a person in control of the manufacture or import (if any) of the plant or system; and (ii) the person to whom the plant or system was supplied.