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The Carriage of Explosives Regulations (Northern Ireland) 2010

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PART 1N.I.INTRODUCTORY PROVISIONS

Citation and commencementN.I.

1.  These Regulations may be cited as the Carriage of Explosives Regulations (Northern Ireland) 2010 and come into operation on 9 April 2010.

Commencement Information

I1Reg. 1 in operation at 9.4.2010, see reg. 1

Interpretation - GeneralN.I.

2.—(1) The provisions of this regulation apply for the purposes of interpreting these Regulations.

(2) In these Regulations, any reference to a “Part”, “Chapter”, “Section” or “Sub-section” shall be construed—

(a)in relation to the carriage of goods by road, as a reference to that Part, Chapter, Section or Sub-section of ADR;

(b)in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID; and

(c)in relation to the carriage of goods by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADN.

(3) Where an expression is defined in ADR, RID or ADN and is not defined in these Regulations, it has the meaning as defined in—

(a)ADR in relation to carriage by road;

(b)RID in relation to carriage by rail; and

(c)ADN in relation to carriage by inland waterway.

(4) Where an expression is defined in the Transportable Pressure Equipment Directive and is not defined in these Regulations, it has the same meaning as in that Directive.

(5) The expressions mentioned in column 1 of the Table have the meanings given in column 2.

Table

Column 1Column 2
“the 2006 Regulations (1)”The Carriage of Explosives Regulations (Northern Ireland) 2006 (1).
“the 2006 Regulations (2)”The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (2)
[F1“the 2010 Regulations (1)” The Carriage of Explosives Regulations (Northern Ireland) 2010.
“the 2010 Regulations (2)”The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010.]
“ADN”

The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway (3), as revised or reissued from time to time.

“ADR”

Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road(4), as revised or reissued from time to time.

But—

(a)

to the extent that a reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the 2006 Regulations (1), it has the same meaning as in regulation 2 of those Regulations; and

(b)

in regulation 14(6)(b) it means Annexes A and B as in force on the date in question.

[F2“the Annexes” Subject to paragraphs (6) and (7), Annexes I and II to the Dangerous Goods Directive.]
“armed forces”

Means—

(a)

one of Her Majesty’s Forces within the meaning of the Armed Forces Act 2006(5);

(b)

the Ministry of Defence Police(6);

(c)

a visiting force within the meaning of Part 1 of the Visiting Forces Act 1952(7); or

(d)

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

F3. . .F3. . .
“COTIF”The Convention concerning International Carriage by Rail(9), as revised or reissued from time to time.
“the Dangerous Goods Directive” [F4Subject to paragraphs (6) and (7),] Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods(10), [F5as it had effect immediately before IP completion day].
“fire and rescue authority”The fire and rescue authority for Northern Ireland established under the Fire and Rescue Services (Northern Ireland) Order 2006 (11)
“the Northern Ireland competent authority”

The competent authority in Northern Ireland for the purposes of these Regulations as determined under regulation 17.

But a reference to “2006 Northern Ireland Competent Authority” is a reference to the competent authority in Northern Ireland for the purposes of the 2006 Regulations (1).

“national carriage”Carriage that includes carriage in Northern Ireland and does not include carriage outside the United Kingdom.
“RID”

The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF(12), as revised or reissued from time to time.

But—

(a)

to the extent that a reference in these Regulations to RID is a reference to RID as it applied for the purposes of the 2006 Regulations (1), it has the same meaning as in regulation 2 of those Regulations; and

(b)

in regulation 14(6)(b) it means the Annex as in force on the date in question.

“the security provisions”

The prohibitions and requirements of Chapter 1.10 (including those requirements deemed to be part of ADR in consequence of regulations 8 and 9.)

“the Transportable Pressure Equipment Directive ”

[F6Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC, and 1999/36/EC.]

“vehicle”Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” shall be omitted.
“wagon”Has the meaning given in article 2 of the Dangerous Goods Directive.

[F7(6) References to—

(a)“the Annexes”; and

(b)“the Dangerous Goods Directive”,

are subject to the modifications identified in paragraph (7).

(7) (a) Section I.1 of Annex I; and

(b)Section II.1 of Annex II—

to the Dangerous Goods Directive are to be read as if “as applicable with effect from 1 January 2019,” had been omitted.]

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 9.4.2010, see reg. 1

Interpretation of ADR, RID and ADN for the purposes of these RegulationsN.I.

3.  For the purposes of these Regulations—

(a)the scope of ADR, RID and ADN shall be deemed to include national as well as international carriage;

(b)a member State of the [F8EU] which is not a Contracting Party to ADR or ADN shall be deemed to be a Contracting Party to ADR or ADN (as the case may be);

(c)a member State of the [F9EU] which is not a member State of COTIF shall be deemed to be a member State of COTIF;

(d)a reference in—

(i)ADR or RID to “competent military authority”;

(ii)ADR or ADN to “Contracting Party”; and

(iii)RID to “member State”,

shall be treated as a reference to “competent authority” unless the context requires otherwise;

(e)Sub-section 1.1.4.4 of RID shall apply as if the words “or the provisions of the Carriage of Explosives Regulations (Northern Ireland) 2010 in so far as they relate to carriage by road” were included after the words “provisions of ADR”;

F10(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the words “The competent authorities of the Contracting Parties may provide that” are omitted from Sub-section 1.8.3.2 of ADR;

(h)the words “The competent authorities of the member States may provide that” are omitted from Sub-section 1.8.3.2 of RID;

(i)the reference in Sub-section 1.8.3.3 to “national authorities” shall be treated as a reference to “the Nothern Ireland competent authority or an enforcement authority”; F11...

(j)Sub-section 5.3.4 of RID is omitted

[F12(k)Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a “Contracting Party” were included after the word “assigned”; and

(l)Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a member State of COTIF” were included after the word “assigned”.]

Textual Amendments

Commencement Information

I3Reg. 3 in operation at 9.4.2010, see reg. 1

ApplicationN.I.

4.—(1) These Regulations apply in relation to the carriage of dangerous goods by road and by rail.

(2) These Regulations apply in relation to the carriage of dangerous goods by inland waterway but only to the extent that they apply Sub-sections 1.8.3.7 to 1.8.3.16 (which relate to the training and examination system for safety advisers and the connected issue and renewal of vocational training certificates).

(3) The dangerous goods to which these Regulations apply are those to which the Explosives Acts (Northern Ireland) 1875 to 1970(13)F13... or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006(14) apply [F14and any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014].

Textual Amendments

Commencement Information

I4Reg. 4 in operation at 9.4.2010, see reg. 1

(3)

ISBN 9789211391343 (2009 edition)

(4)

ISBN 9789211391336 (2009 edition)

(6)

See section 1(1) of the Ministry of Defence Police Act 1987 (c.4).

(9)

Cm 3812; COTIF was modified by the Protocol signed at Vilnius on 3rd June 1999 (Cm 4873).

(10)

OJ No. L260, 30.9.2008, p.13.

(12)

ISBN 9788086206394 (2009 edition).

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