The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006

18.  In regulation 35 (miscellaneous functions of the Northern Ireland competent authority)—

(a) for paragraph (3) there shall be substituted—

“(3) The Northern Ireland competent authority shall assign a packing group for dangerous goods where required in accordance with special provision 278 of chapter 3.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail.”;

(b) for paragraph (5) there shall be substituted—

“(5) The references referred to in paragraph (4) are sub-sections 6.2.5.6.2.1, 6.2.5.6.4.5, 6.2.5.6.4.9, 6.2.5.6.4.11, 6.2.5.7.2.1 and 6.2.5.7.4.5 to 6.2.5.7.4.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.”;

(c) in paragraph (6) for the words “sub-section 6.2.5.6.2.3” there shall be substituted “sub-sections 6.2.5.6.2.3 and 6.2.5.7.2.3”; and

(d) for paragraphs 9 to 14 there shall be substituted—

“(9) The Northern Ireland competent authority may issue certificates of approval where sub-section 9.1.3.1 of ADR requires such certificates to be issued by the competent authority in Northern Ireland.

(10) A certificate issued by the Northern Ireland competent authority by reference to sub-section 9.1.3.1 of ADR shall—

(a) comply with that paragraph and sub-section 9.1.3.3 of ADR;

(b) where applicable to the vehicle in question, comply with sub-section 1.6.5.3 of ADR; and

(c) be valid for the period calculated in accordance with sub-section 9.1.3.4 of ADR.

(11) Any current certificate held by a person which—

(a) was issued to him by a competent authority under national provisions giving effect to the ADR Directive; and

(b) is in the form required by paragraph (10),

shall be deemed to be a certificate issued by the Northern Ireland competent authority under this regulation.

(12) Where a certificate referred to in paragraph (10)(a) is required pursuant to regulation 25 and Part 9 of ADR in relation to the vehicle, the Northern Ireland competent authority may instead issue a type approval for such a vehicle in the circumstances set out in and in accordance with sub-section 9.1.2.2 of ADR.

(13) Any type approval held by a person which—

(a) was issued to him by a competent authority under national provisions giving effect to the ADR Directive; and

(b) complies with sub-section 9.1.2.2 of ADR,

shall be deemed to be a type approval issued by the Northern Ireland competent authority under this regulation provided that no modification has been made to the vehicle since the type approval was issued.

(14) In this regulation “vehicle” has the meaning in sub-section 9.1.1.2 of ADR.”.