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The Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000

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Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Directive” means Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway(1);

“explosives” means explosive articles or substances which—

(a)

have been assigned on classification to Class 1, or

(b)

are unclassified;

“explosive article” means an article containing one or more explosive substances;

“explosive substance” means—

(a)

a solid or liquid substance, or

(b)

a mixture of solid or liquid substances or both;

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

“factory” has the meaning assigned to it by section 175 of the Factories Act (Northern Ireland) 1965(2);

“harbour area” has the meaning assigned to it in regulation 2(1) of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995(3);

“inland waterway” includes rivers, their estuaries and adjoining harbours, canals and lakes, but does not include an inland waterway which is not connected to the inland waterways of a member state;

“member state” means a country (other than the United Kingdom) which is a member of the European Communities;

“military establishment” means an establishment intended for use for naval, military or air force purposes or the purposes of the Department of the Secretary of State having responsibility for Defence;

“mine” has the meaning assigned to it by section 156 of the Mines Act (Northern Ireland) 1969(4);

“quarry” has the meaning assigned to it by Article 2 of the Quarries (Northern Ireland) Order 1983(5);

“railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which—

(a)

is a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails and which are laid wholly or mainly along a street or in any place to which the public has access (including a place to which the public has access only on making a payment); or

(b)

is operated wholly within a factory, harbour area, military establishment, mine or quarry;

“railway vehicle” means any wagon used for the transport of explosives by railway;

“road” has the meaning assigned to it in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995(6);

“road vehicle” means any conveyance used for the transport of explosives by road;

“safety adviser” means a person appointed for the purposes of these Regulations and holding a valid vocational training certificate;

UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or explosive substance as a means of identification;

“vehicle” means a road vehicle or a railway vehicle;

“vehicle owned by the armed forces” means a vehicle which is owned by—

(a)

Her Majesty’s Forces,

(b)

visiting forces within the meaning of Part I of the Visiting Forces Act 1952(7); or

(c)

any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(8),

and includes a vehicle which has been provided to the armed forces under any agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire purchase agreement and a contract for sale;

“vehicle under the control of the armed forces” means—

(a)

a vehicle on board which there is, as a member of the crew—

(i)

a member of Her Majesty’s Forces,

(ii)

a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952, or

(iii)

a civilian who is an employee of Her Majesty’s Forces, acting in the course of his duties; or

(b)

a vehicle in a convoy escorted by a vehicle of the type referred to in head (i) of sub-paragraph(a);

“vocational training certificate” has the meaning assigned to it by regulation 7(1).

(2) For the purposes of these Regulations—

(a)a combination of a motor vehicle and a trailer or semi-trailer shall be deemed to be a single vehicle for as long as the constituent parts of such a combination remain attached; and

(b)explosives contained in different constituent parts of such a vehicle shall accordingly be considered to be contained in the same vehicle,

and in this paragraph “motor vehicle” shall have the same meaning as in Article 3(1) of the Road Traffic (Northern Ireland) Order 1995.

(3) Any reference in these Regulations to the transport of explosives is a reference to—

(a)the transport;

(b)the related loading; or

(c)the related unloading,

of explosives.

(1)

O.J. No. L 145, 19.6.96, p. 10

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