Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 2003

Regulation 2(1)

SCHEDULE 1 DEFINITIONS OF “MINE” AND “OWNER”

PART I definition of “mine”

1.  In these Regulations, the expression “mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals.

2.  For the purposes of these Regulations, subject to paragraph 3, there shall be deemed to form part of a mine so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the shafts or outlets of the mine as is occupied together with the mine for the purpose of, or in connection with, the working of the mine, the treatment, preparation for sale, consumption or use, storage or removal from the mine of the minerals or products thereof gotten from the mine or the removal from the mine of the refuse thereof.

3.  For the purposes of these Regulations, there shall not be deemed to form part of a mine premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the mine or the preparation for sale of minerals gotten therefrom.

4.  For the purposes of these Regulations, premises for the time being used for depositing refuse from a single mine, being premises exclusively occupied by the owner of that mine, shall be deemed to form part of that mine, and premises for the time being used for depositing refuse from two or more mines, being premises occupied by the owner of one of those mines (either exclusively or jointly with the owner of the other or any of the others) shall be deemed to form part of such one of those mines as the Executive may direct.

5.  For the purposes of these Regulations, a railway line serving a single mine (not being a railway line falling within paragraph 2 or a railway line belonging to a railway company) shall be deemed to form part of that mine and a railway line jointly serving two or more mines (not being a railway line falling within paragraph 2 or a railway line belonging to a railway company) shall be deemed to form part of such one of them as the Executive may direct.

6.  For the purposes of these Regulations, a conveyor or aerial ropeway provided for the removal from a mine of minerals gotten therefrom or refuse therefrom shall be deemed to form part of a mine.

PART II meaning of “owner”

7.  Subject to paragraph 8, in these Regulations, the expression “owner” means, in relation to a mine, the person for the time being entitled to work it.

8.  Where the business of a person who, by virtue of paragraph 7 is, for the purposes of these Regulations, to be taken to be the owner of a mine is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of these Regulations to be an additional owner of the mine.

Regulation 5

SCHEDULE 2 REVOCATIONS

Regulations revoked	References	Extent of revocation
Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 1998	S.R. 1998 No. 132	The whole Regulations.
Ionising Radiations Regulations (Northern Ireland) 2000	S.R. 2000 No. 375	Paragraph 7 of Schedule 10.
Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 34	Regulation 8 and Schedule 7.

Regulation 31

SCHEDULE 3 AMENDMENTS TO THE RADIATION (EMERGENCY PREPAREDNESS AND PUBLIC INFORMATION) REGULATIONS (NORTHERN IRELAND) 2001

Interpretation

1.  In this Schedule, “the principal Regulations” means the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001(1).

Amendment of the principal Regulations

2.  The principal Regulations shall be amended in accordance with paragraphs 3 to 10 and any reference in those paragraphs to any specified provision shall be taken to be a reference to the provision so specified of the principal Regulations.

3.  In regulation 2(1) –

(a) the definition “the 1998 Regulations” shall be omitted; and

(b) after the definition of “the 2000 Regulations” there shall be inserted the following definition –

““the 2003 Regulations” means the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 2003;”.

4.  In regulation 3 –

(a) in paragraph (1), for the words “regulation 17” there shall be substituted the words “with the exception of regulation 17”;

(b) in paragraph (4), except sub-paragraph (d), wherever they appear, for the words “1998 Regulations” there shall be substituted the words “2003 Regulations”;

(c) for sub-paragraph (d) of paragraph (4) there shall be substituted the following sub-paragraph –

“(d) any radioactive substance contained in a package which complies in every respect as to its design with the requirements for –

(i) a Type B(M) package or a Type B(U) package within the meaning of the 2003 Regulations; or

(ii) a Type C package within the meaning of the 2003 Regulations; or

(iii) a consignment carried under special arrangement for the equivalent of a Type B(M) package, a Type B(U) package or a Type C package within the meaning of the 2003 Regulations,

and which, in each case, has been approved pursuant to those Regulations as complying with them or where the transport forms part of an international transport operation as is referred to in regulation 4(2) of the 2003 Regulations;”.

5.  In regulation 18(3), for the words “to the extent that this regulation” there shall be substituted the words “in relation to Her Majesty’s Forces to the extent that compliance with those requirements”.

6.  In regulation 19, for the words “regulations 17 and 21” there shall be substituted the words “regulation 17”.

7.  Regulation 22 shall be revoked.

8.  In Note 3 to Part I of Schedule 4, for the symbol “O₃” there shall be substituted the symbol “UO₃” and for the symbol “UCL₄” there shall be substituted the symbol “UCl₄”.

(1)

S.R. 2001 No. 436