Derogations and transitional provisionsN.I.
12.—(1) The Secretary of State may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.
(2) But paragraph (1) only applies for the purposes of—
[F1(a)implementing a derogation authorised under article 6(2) to (4) of and listed in—
(i)section I.3 of Annex I, or
(ii)section II.3 of Annex II
to the Dangerous Goods Directive that had effect immediately before IP completion day, subject to the modifications in paragraph (3); or
(b)maintaining a transitional provision permitted by article 7 of and listed in—
(i)section I.2 of Annex I, or
(ii)section II.2 of Annex II
to the Dangerous Goods Directive, subject to the modifications in paragraph (3); or]
(c)ensuring that carriage to which these Regulations apply but to which the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).
[F2(3) The modification referred to in paragraphs (2)(a) and (b) apply to the identified sections of those Annexes to the Dangerous Goods Directive, and are that any reference to a member State is to be read as a reference to—
(a)the UK, or
(b)a member State of the EU.]
F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Secretary of State shall not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.
(7) This regulation does not limit the power to grant an authorisation under regulation 13(1) [F4or an exception under regulation 12A(1)].
Textual Amendments
F1Reg. 12(2)(a)(b) substituted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(2)
F2Reg. 12(3) substituted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(3)
F3Reg. 12(4)(5) omitted (31.12.2020) by virtue of The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(4)
F4Words in reg. 12(7) inserted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(5)
Commencement Information