The Carriage of Explosives Regulations (Northern Ireland) 2010

PART 4 N.I. NORTHERN IRELAND COMPETENT AUTHORITY FUNCTIONS

Competent authority N.I.

17.—(1) Subject to paragraph (2), the competent authority in Northern Ireland for the purposes of these Regulations is the Secretary of State.

(2) Subject to paragraph (3) the Secretary of State is the competent authority for class one goods in relation to—

(a) classification pursuant to Section 2.2.1;

(b) special provisions 16, 178, 266, 271, 272, 278, 288, 309, 311 and 645 of Chapter 3.3;

(c) mixed packing instruction MP21 of section 4.1.10, Sub-section 4.1.5.15 and 4.1.5.18;

(d) the design approval of containers or compartments, in accordance with note a to Sub-section 7.5.2.2; and

(e) the functions in respect of mobile explosives manufacturing units mentioned in Sub-sections 6.12.5 and 7.5.5.2.3.

(3) The competent authority in Northern Ireland is the Secretary of State for Defence for functions in relation to military explosives for—

(i) classification pursuant to Section 2.2.1;

(ii) special provisions 16, 178, 266, 271 and 645 of Chapter 3.3;

(iii) mixed packing instruction MP21 of Section 4.1.10, Sub-sections 4.1.5.15 and 4.1.5.18;

(iv) special provision W2 of Section 7.2.4; and

(v) the design approval of containers or compartments, in accordance with note a to Sub-section 7.5.2.2; and

(4) The Northern Ireland competent authority may appoint a person to carry out a function of the Northern Ireland competent authority under these Regulations and a reference in these Regulations to the performance of the function by the Northern Ireland competent authority shall be treated as including a reference to the performance of the function by the person appointed.

(5) The person may be appointed to carry out the function in particular circumstances or generally.

(6) Paragraphs (7) and (8) apply if the 2006 Northern Ireland competent authority appointed, or was deemed by regulation 26 of the 2006 Regulations (1) to have appointed, a person to perform a competent authority function pursuant to regulation 24 of those Regulations and that appointment had effect immediately before the coming into operation of these Regulations.

(7) The person appointed, or deemed appointed, under the 2006 Regulations (1) shall be deemed to be a person appointed pursuant to paragraph (5) to perform the equivalent function in ADR or RID.

(8) But in the case of a function performed in relation to carriage by inland waterway, the Northern Ireland competent authority shall be deemed to have performed the function under the equivalent provision of ADN as it was performed, or deemed performed, under ADR pursuant to regulation 24 of the 2006 Regulations (1).

[F1 (9) “Military explosive” means any class 1 goods—

(i) under the control of the Secretary of State for Defence;

(ii) held for the service of the Crown for the purpose of the Ministry of Defence;

(iii) under the control of the armed forces, or

(iv) the carriage of which is certified by the Secretary of State for Defence to be in connection with the execution of a contract with the Secretary of State for Defence or with one of the armed forces.]

Textual Amendments

F1 Reg. 17(9) substituted (28.5.2012) by The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), regs. 1, 8

Commencement Information

I1 Reg. 17 in operation at 9.4.2010, see reg. 1

Functions of the Northern Ireland competent authority arising under ADR, RID and ADN N.I.

18.  The Northern Ireland competent authority shall perform those functions that are identified in ADR, RID and ADN as being the functions of a competent authority.

Commencement Information

I2 Reg. 18 in operation at 9.4.2010, see reg. 1

Fees in relation to functions of the Northern Ireland competent authority N.I.

19.—(1) This regulation applies where a person has asked the Northern Ireland competent authority to perform a function which is, by virtue of regulation 18, a function of the Northern Ireland competent authority.

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

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

Commencement Information

I3 Reg. 19 in operation at 9.4.2010, see reg. 1

Certain functions to be deemed to have been performed by the Northern Ireland competent authority N.I.

20.—(1) Paragraphs (3) and (4) apply if—

(a) the 2006 Northern Ireland competent authority performed a function pursuant to regulation 24(1) of the 2006 Regulations (1); and

(b) the action taken by the 2006 Northern Ireland competent authority, as a consequence of the performance of the function, had effect immediately before the coming into operation of these Regulations.

(2) But paragraphs (3) and (4) do not apply where the function was performed by appointment in accordance with regulation 26 of the 2006 Regulations (1).

(3) The Northern Ireland competent authority shall be deemed to have performed the function pursuant to regulation 17 under the same provision of ADR or RID as it was performed pursuant to regulation 24 (1) of the 2006 Regulations (1).

(4) In the case of a function performed in relation to carriage by inland waterway, the Northern Ireland competent authority shall be deemed to have performed the function under the equivalent provision of ADN as it was performed under ADR pursuant to regulation 24(1) of the 2006 Regulations (1).

Commencement Information

I4 Reg. 20 in operation at 9.4.2010, see reg. 1