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

Amendments to the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991

2.—(1) The Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991(1) shall be amended in accordance with sub-paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) before the definition of “approved list” there shall be inserted the following definition—

““ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time(2)”;

(b) for the definition of “approved list” there shall be substituted the following definition—

““approved list” means the list of goods in Table A of Chapter 3.2 of ADR;”;

(c) after the definition of “berth” there shall be inserted the following definition—

““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006(3);”;

(d) in the definition of “classification” for “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”;

(e) for the definition of “Compatibility Group” and “Compatibility Group Number” there shall be substituted the following definitions—

““Compatibility Group” and “Compatibility Group Number” have the same meaning as in the IMDG Code;”;

(f) for the definition of “Division” and “Division Number” there shall be substituted the following definitions—

““Division” and “Division Number” have the same meaning as in the IMDG Code;”; and

(g) in the definition of “portable tank”, for paragraph (b) there shall be substituted the following paragraph—

“(b) a tank as defined in the Carriage Regulations;”.

(3) In regulation 3(2)(b) (meaning of “dangerous substance”) for “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”.

(4) For regulation 24 there shall be substituted the following regulation—

“Tanks and receptacles

24.   Where a dangerous substance is brought into a harbour or a harbour area from inland in—

(a) a tank, the operator of the tank shall ensure that it is correctly filled and complies with the requirements of the Carriage Regulations; or

(b) a receptacle, the consignor of that substance shall ensure that—

(i) the receptacle is designed, constructed, maintained and closed so as to prevent any of the contents escaping when subjected to the stresses and strains of normal handling or transport except that this shall not prevent the fitting of a suitable safety device;

(ii) the receptacle and any fastenings are, in so far as they are likely to come into contact with the substance, made of materials which are neither liable to be adversely affected by the substance nor liable in conjunction with the substance to form any other substance which is itself a risk to health or safety;

(iii) the receptacle is correctly filled; and

(iv) in the case of a receptacle containing a compressed gas, the receptacle has been appropriately tested.”.

(5) In regulation 25 (labelling)—

(a) in paragraph 1(b)(ii) for “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”; and

(b) in paragraph (2), for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

“(a) the Carriage Regulations;”,

• and sub-paragraphs (c) to (h) shall be re-numbered (b) to (g) respectively.

(6) In Part I of Schedule 1—

(a) in Note 2 for “conditions in Part III of Schedule 1 to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles (Northern Ireland) 1997” there shall be substituted “classification criteria in sub-section 2.2.3.1.5 of ADR”; and

(b) in Note 3 for “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “test specified in section 2.3.3 of ADR”.

(7) In sub-paragraph (c) of Schedule 3 for “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “test specified in section 2.3.3 of ADR”.

(1)

S.R. 1991 No. 509 as amended by S.R. 1997 No. 247, S.R. 1997 No. 248, and S.R. 2003 No. 386 and to which there are other amendments not relevant to these Regulations

(2)

2003 edition: ISBN 92-1-136078-8

(3)

S.R. 2006 No. 173