The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010

Regulation 25(6)

SCHEDULE 4 APPOINTMENTS

Applications for appointment

1.—(1) An application for appointment shall be made in a manner approved by the Northern Ireland competent authority.

(2) A fee may be charged for, or in connection with, the consideration by, or on behalf of, the Northern Ireland competent authority of an application for appointment.

(3) Any fee charged shall be reasonable for the work performed or to be performed.

Appointment by the Northern Ireland competent authority

2.—(1) The Northern Ireland competent authority shall make any appointment in writing.

(2) An appointment may be made subject to such conditions as the Northern Ireland competent authority considers appropriate and, in particular, those conditions may—

(a) restrict the scope of the appointment to equipment of a particular description;

(b) require markings of a particular description to be affixed to equipment by or on behalf of the appointee in connection with the giving, or the refusal to give, approval; and

(c) apply upon or following termination of the appointment.

(3) An appointment may be for the time being or for such period as may be specified in the appointment.

(4) If for any reason an appointment is terminated, the Northern Ireland competent authority may—

(a) give such directions—

(i) to the person whose appointment has been terminated; or

(ii) to another person who has been appointed, or deemed appointed, pursuant to these Regulations,

for the purpose of making such arrangements for the determination of outstanding applications for approval of equipment as it considers appropriate and the person to whom the directions are given shall comply with them; and

(b) authorise another person to take over the functions of the appointee whose appointment has been terminated in respect of such cases as it may specify.

Fees that may be charged by appointees

3.—(1) An appointee may charge a fee for, or in connection with, the carrying out of a function for which appointment has been made.

(2) The fee shall not exceed—

(a) the costs incurred or to be incurred by the appointee in performing the function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by the appointee; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

The inspection of appointees

4.—(1) An appointee may be subject to such inspection by, or on behalf of, the Northern Ireland competent authority as is necessary to ensure compliance with any condition specified in the appointment.

(2) The inspection referred to in sub-paragraph (1) may include the examination of premises, equipment and documents and the appointee shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(3) A fee which is reasonable for the work performed, or to be performed, shall be payable by the appointee in respect of any inspection undertaken by, or on behalf of, the Northern Ireland competent authority in accordance with sub-paragraph (1).