The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

Appointment of persons by the GB competent authority

29.—(1) Subject to paragraph (4), the GB competent authority may appoint persons to carry out those functions—

(a) which ADR in relation to carriage by road or RID in relation to carriage by rail provide may be carried out by a body or expert designated, approved or authorised by the competent authority;

(b) the references to which are set out in paragraph 6 of Part 3 of Schedule 3.

(2) Any person may submit an application in writing to the GB competent authority for appointment under this regulation by reference to—

(a) sub-section 6.2.1.4.1 to 6.2.1.4.3, 6.2.1.6.1 and 6.2.5.6.2.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the inspection of pressure receptacles;

(b) sub-section 6.7.2.19.9, 6.7.3.15.9 or 6.7.4.14.10 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the inspection of portable tanks;

(c) sub-section 6.7.5.12.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the inspection of UN-certified MEGCs;

(d) sub-section 6.8.2.4.5, 6.8.3.4.4 and 6.8.3.4.6(b) to 6.8.3.4.8 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the inspection of—

(i) fixed tanks, tank wagons, demountable tanks and tank-containers; and

(ii) MEGCs, battery-vehicles and battery-wagons;

(e) sub-section 6.8.3.4.16 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the inspection of MEGCs, battery-vehicles and battery-wagons;

(f) special provision TT2 of section 6.8.4(d) of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the inspection of shells; or

(g) sub-section 6.9.5.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the inspection of FRP tanks,

or for the amendment of such an existing appointment.

(3) A person appointed by reference to the provisions referred to in paragraph (2) shall be known as an “appointed person”.

(4) Regulation 44(3) to (8) shall apply to an appointed person as it applies to a notified body or an approved body except that where it applies to an appointed person—

(a) any references to the competent authority shall be read as references to the GB competent authority;

(b) regulation 44(3)(a) shall apply as if it provided for the GB competent authority to make an appointment in respect of all the equipment referred to in paragraph (2) for which it is the GB competent authority or such descriptions of that equipment as the GB competent authority may determine;

(c) regulation 44(3)(c) shall apply as if all the words after “it has been appointed” were omitted; and

(d) regulation 44(7) shall apply as if it referred to an application under Part 2 or 3.

(5) A person appointed under this regulation by reference to sub-section 6.2.5.6.2.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail shall—

(a) comply with the requirements of sub-sections 6.2.5.6.2.4 and 6.2.5.6.2.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) keep the documentation referred to in sub-section 6.2.5.6.6 of ADR in relation to carriage by road or of RID in relation to carriage by rail in accordance with the requirements of that paragraph.

(6) A person appointed to issue an approval by reference to sub-section 6.9.4.4.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail, shall ensure that the approval complies with sub-sections 6.9.4.4.2 to 6.9.4.4.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.