The Air Navigation (Dangerous Goods) (Fourth Amendment) Regulations 1992

Amendment of the Air Navigation (Dangerous Goods) Regulations 1985

2.  The Air Navigation (Dangerous Goods) Regulations 1985(1) shall be amended as follows–

(1) In regulation 3(1), in the definition of “Technical Instructions” for “1991-1992” there shall be substituted “1993-1994”.

(2) In regulation 4(2), for the words “unless the provisions of these Regulations are complied with” there shall be substituted the words “unless the Technical Instructions have been complied with and the package of those goods is in a fit condition for carriage by air.”

(3) In regulation 5(2A), the figure “5” immediately before “(2A)” shall be omitted.

(4) In regulation 5(2A), for the word “Chapter” there shall be substituted the word “Chapters 4.3 and”.

(5) In regulations 6, 7(4) and (5)(b) and 8(1), for the words “package containing dangerous goods” there shall be substituted the words “package of dangerous goods”.

(6) In regulation 7(1) and (3), immediately after the words “any package” there shall be inserted the words “of dangerous goods”.

(7) In regulation 7(2), immediately before the words “The operator of an aircraft” there shall be inserted the subparagraph letter “(c)”.

(8) After regulation 10(d), there shall be added the following–

“(e) any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

Powers in relation to enforcement of the Regulations

10A.— (1) An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(2) An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(3) (a) Any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the Authority considers necessary in all the circumstances and shall be disposed of in such manner as the Authority considers appropriate in all the circumstances.

(b) Without prejudice to the generality of sub paragraph (a) above, any sample taken or goods seized under this regulation may be retained or detained respectively:

(i) for use as evidence at a trial for an offence; or

(ii) for forensic examination or for investigation in connection with an offence.”

(1)

S.I. 1985/1939, amended by S.I. 1986/2129, 1988/2133, 1990/2531.