Regulation 5
1. In regulation 1—
(a)in paragraph (2) in the definition of “the Council Directive” the words from “and any reference in these Regulations” to the words “of the Directive” should be deleted and a semi-colon inserted after (g);
(b)in paragraph (6) for the words “generality of regulation 2(4)”, there shall be substituted the words “generality of regulation 2(2)”.
2. In regulation 3(1)(b), after the word “under” insert “Articles 5, 8 and 9 of”.
3. In regulation 4—
(a)in paragraph (1) for the words “Subject to paragraphs (2) and (9)” there shall be substituted the words “Subject to paragraph (2)”;
(b)paragraph (2) the words from “in the case” to “regulation 2(1)” and the words “in packages” shall be deleted;
(c)at the end of paragraph (5) (but before the full stop), insert the words “, except that in the case of the subject specified in paragraph 3(c) of Schedule 3, the training need not be accompanied by practical exercises”;
(d)in paragraph (6)—
(i)for the words “for periods of up to 5 years by the Secretary of State” substitute “by the Secretary of State for periods of up to 5 years from the date of expiry of the original certificate or of any extension of it granted in accordance with this paragraph,”, and
(ii)for sub-paragraph (b), substitute the following sub-paragraph—
“(b)passed an examination (the syllabus of which shall cover the course referred to in sub-paragraph (a) of this paragraph) which has been approved by the Secretary of State.”; and
(e)after paragraph (6), insert the following paragraph—
“(6A) The course referred to in paragraph (6)(a) shall be a theoretical one accompanied by practical exercises and shall cover new technical, legal and substance-related developments in at least the subjects specified in—
(a)paragraph 1 of Schedule 3;
(b)paragraph 2 of Schedule 3, in the case of a vocational training certificate referred to in paragraph (2)(b);
(c)paragraph 4 of Schedule 3, in the case of a vocational training certificate referred to in paragraph (2)(c); and
(d)paragraph 5 of Schedule 3, in the case of a vocational training certificate referred to in paragraph (2)(d),
except that in the case of the subject specified in paragraph 3(c) of Schedule 3, the training need not be accompanied by practical exercises.”.
4. In regulation 5(1)(a) for the words “on 1st July 1997” there shall be substituted the words “on 1st December 1997”.
5. In paragraph (2) of regulation 8, for the words from “he is satisfied” to the end of the paragraph substitute “he is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.”.
6. In regulation 9, for paragraph (3) substitute the following—
“(3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.”.
7. In Schedule 1, at the end, insert the following paragraph—
“(g)as a result of an emergency the vehicle concerned is being driven with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely.”.
8. In Schedule 2, for paragraph (d) substitute the following—
“(d)for the purposes of regulation 4(1) only, in compliance with the requirements of paragraph 15 of Part II of Schedule 5 to the Carriage of Explosives by Road Regulations (Northern Ireland) 1997.”.
9. In Schedule 3—
(a)delete “1.”;
(b)in the first line after the word “training” the words “or refresher course” should be inserted;
(c)in the second line after the words “regulation 4(3)(a)” there should be inserted “or 4(6)(a)”;
(d)after sub-paragraph (k) insert the following sub-paragraphs—
“(l)the handling and stowing of explosives in packages;
(m)specific hazards related to explosive and pyrotechnic substances and articles;
(n)specific requirements concerning mixed loading of explosives.”
(e)delete paragraph 2.
10. In paragraph 1 of Schedule 4 after the words “for the approval” there should be inserted the words “or renewal of any approval”.