- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
8. (1) For the purposes of regulation 5, the requirements set out in paragraphs (2) to (4) shall be deemed to be requirements of Chapter 1.10 of ADR.
(2) The carrier and the driver of a vehicle which is being used for the carriage of class 1 goods must ensure that—
(a)the carriage is completed within a reasonable length of time having regard to the distance involved;
(b)the class 1 goods are delivered to—
(i)the consignee or the consignee’s agent; or
(ii)a person who is authorised by the consignee to accept custody of the class 1 goods—
(aa)for onward despatch; or
(bb)in circumstances where the consignee has compelling reasons not to accept the goods in accordance with Sub-section 188.8.131.52,
provided they are delivered to qualifying premises;
(c)the goods are unloaded from the vehicle as soon as is reasonably practicable after it arrives at its place of delivery; and
(d)any trailer or container containing class 1 goods is not detached, or removed, from the vehicle unless it is in qualifying premises.
(3) But paragraph (2)(d) does not apply in an emergency.
(4) The carrier of a vehicle used for the carriage of class 1 goods must not remove any class 1 goods from the consignor’s premises unless ready immediately to dispatch them to the consignee or a person authorised by the consignee to accept custody in the circumstances referred to in paragraph (2)(b)(ii)(aa).
(5) In this regulation—
(a)“designated parking area” means—
(i)in relation to an airport or railway transhipment depot or siding, an area allocated by the occupier as an area for parking vehicles carrying class 1 goods; and
(ii)in relation to a harbour or harbour area, a parking area designated for the purposes of regulation 33 of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995(1);
(b)“qualifying premises” means—
(i)premises under the control of the Secretary of State for Defence;
(ii)a safe and secure place; or
(iii)a designated parking area in an airport, a railway transhipment depot or siding or a harbour or harbour area; and
(c)“a safe and secure place” means a place within a site—
(i)in relation to which a person—
(aa)is licensed to manufacture or store explosives under regulation 11 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006; or
(bb)is registered in respect of such storage under regulation 13 of those Regulations; or
(ii)in respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemptions) Regulations (Northern Ireland) 1983(2).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: