The Carriage of Explosives Regulations (Northern Ireland) 2006

Regulations 25-28

SCHEDULE 1 COMPETENT AUTHORITY FUNCTIONS

PART 1 GRANT OF APPROVALS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

1.  The references referred to in regulation 25(b) are–

(a) sub-sections 4.1.5.15 and 4.1.5.18, packing instructions P099, and P101 of section 4.1.4, packing instructions IBC99 and LP99 and paragraph (3)(g) of packing instruction P601 of section 4.1.4, sub-section 4.2.1.9.4.1, sub-sections 6.2.1.1.2 and 6.2.1.5.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) sub-section 2.2.1.1.3 and special provisions 178 and 266 of chapter 3.3, special provisions 237 and 271 and special provision 645 of chapter 3.3, additional provision CV1(1) of section 7.5.11 and sub-sections 8.2.1.2, 8.2.2.6.1, 8.2.2.6.5 and 8.2.2.6.7 and additional requirements S1(4)(a) and S9 of chapter 8.5 of ADR in relation to carriage by road; and

(c) sub-section 2.2.1.1.3 and special requirements 178 and 266 and special requirement 237 of chapter 3.3 of RID in relation to carriage by rail.

2.  Any approval granted by the Northern Ireland competent authority by reference to sub-section 8.2.2.6.5 of ADR shall comply with requirements in sub-sections 8.2.2.6.2 and 8.2.2.6.6 of ADR.

PART 2 APPOINTMENT OF PERSONS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

3.  The references referred to in regulation 26(1)(b) are–

(a) note a to sub-section 7.5.2.2 of ADR in relation to carriage by road; and

(b) note 1/ to sub-section 7.5.2.2 of RID in relation to carriage by rail.

PART 3 RECOGNITION OF APPROVALS, TESTS, METHODS, STANDARDS, PROCEDURES ETC BY THE NORTHERN IRELAND COMPETENT AUTHORITY

4.  The references referred to in regulation 27(b) are sub-sections 6.6.1.2, 6.6.1.3 and 6.7.2.2.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

PART 4 IMPOSING OF REQUIREMENTS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

5.  The references referred to in regulation 28(1)(b) are–

(a) packing instructions P902 and LP902, paragraph 1(b) of packing instruction P905 of section 4.1.4, and sub-sections 6.1.3.1(g), 6.1.5.1.3 and 6.6.3.1(f) of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) special provision 16 of chapter 3.3 and sub-section 2.2.1.1.3, and special provision 237 of chapter 3.3 of ADR in relation to carriage by road; and

(c) special requirement 16 of chapter 3.3 and sub-section 2.2.1.1.3, and special requirement 237 of chapter 3.3 of RID in relation to carriage by rail.

6.  –

(1) Where the Northern Ireland competent authority imposes requirements by reference to sub-section 6.1.3.1(g) of ADR in relation to carriage by road or of RID in relation to carriage by rail, he shall do so in accordance with sub-section 6.1.3.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(2) Where the Northern Ireland competent authority imposes requirements by reference to sub-sections 6.1.5.1.1 or 6.6.5.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail, he shall also approve the procedures required by him in accordance with the paragraph by reference to which the requirement is imposed.

Regulations 29, 30 and 32

SCHEDULE 2 FEES FOR CERTIFICATES AND APPLICATIONS FOR APPROVALS

1.  The fee payable to the Secretary of State, or the person designated by him for the purpose of issuing safety adviser vocational certificates, in accordance with regulation 29(2)(c), or an extended certificate in accordance with regulation 29(5)(c), shall be such sum as is reasonable in light of the actual work performed.

2.  The fee payable to the Secretary of State for the issue of a driver training certificate under regulation 30(1), or to the person designated by him for the purpose of issuing driver training certificates, will be £3. The fee for a driver training certificate extended in accordance with regulation 30(6)(c) shall be £3.

3.  The fee payable to the Secretary of State on each application for an original approval or a renewal of any approval or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 30(3) shall be such sum as is reasonable in light of the actual work performed.

4.  –

(1) Subject to sub-paragraph (3), the fee for the provision of inspection facilities, including the carrying out of an inspection, and the administrative work carried out upon receipt of an application for an ADR certificate in respect of a vehicle shall be £82.

(2) Subject to sub-paragraph (3), where a vehicle fails to pass an inspection carried out in respect of an application for an ADR certificate, an application for a further inspection shall be treated for the purpose of these Regulations as a separate application for an ADR certificate.

(3) Where a vehicle fails to pass an inspection and within 21 days thereafter arrangements are made for a further inspection to be carried out within that period, sub-paragraph (2) shall not apply but a further fee of £42 shall be payable in respect of such arrangements.

(4) The fees paid in pursuance of sub-paragraph (3) or (6) shall be repaid–

(a) if no appointment for an examination of the vehicle is made or the appointment made is subsequently cancelled by the Northern Ireland competent authority;

(b) if the person for whom the appointment is made gives to the Northern Ireland competent authority notice cancelling the appointment of not less than one clear day before the date of the appointment;

(c) if the person for whom the appointment is made keeps the appointment but the examination does not take place, or is not completed, for a reason other than–

(i) the applicant for the ADR certificate does not, after being requested to do so, produce the notice of appointment (if any) relating to the inspection and–

(aa) in the case of a motor vehicle either the registration document relating to the vehicle or other evidence of the date of its first registration or, in the case of a motor vehicle not registered before the date of the inspection, evidence of the date of its manufacture; and

(bb) in the case of a trailer, evidence of the date of its manufacture;

(ii) the particulars relating to the vehicle and shown in any application relevant to the inspection are found to be substantially incorrect;

(iii) the vehicle is one as respects which it has been stated in the application that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the inspection it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer;

(iv) the vehicle is a trailer, and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped;

(v) there is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous or easily accessible position so as to be readily legible either–

(aa) the chassis or serial number shown in the registration document relating to the vehicle; or

(bb) if no such number is shown or exists, the identification mark allotted to the vehicle by the Northern Ireland competent authority;

(vi) the vehicle or any motor vehicle by which it is accompanied, or any part of any equipment of the vehicle or any such accompanying vehicle is so dirty or dangerous as to make it unreasonable for the inspection to be carried out or the applicant for the ADR certificate does not produce any certificate required in the last notice of appointment preceding the inspection, that a vehicle used for carrying toxic, corrosive or inflammable loads had been properly cleaned or otherwise made safe;

(vii) an inspector is not able to complete the inspection without the vehicle or, in the case of a trailer, the motor vehicle by which it is accompanied being driven and such vehicle or trailer or, as the case may be, the accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination;

(viii) in the case of a trailer, an inspector is not able to complete the inspection unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be driven without committing an offence under section 29 of the Vehicle Excise and Registration Act 1994(1)because no licence under that Act is in force for such vehicle;

(ix) the vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (of any) specified for the purpose of the inspection either in the last notice of appointment proceeding the inspection or by the Northern Ireland competent authority; or

(x) an inspector is not able to complete the inspection due to the failure of a part of the vehicle or, in the case of a trailer, any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle or the accompanying vehicle; or

(d) if the person for whom the appointment is made satisfies the Northern Ireland competent authority that the vehicle cannot, or, as the case may be, could not, reasonably be presented for examination on the date of the appointment due to exceptional circumstances occurring not more than seven days before the said date and of which notice is given within three days of the occurrence of it to the Northern Ireland competent authority at the vehicle testing centre where the examination is or was to be held.

(5) The fee for the issue of a copy of an ADR certificate which has been lost or destroyed shall be £12.

(6) An application made to the Northern Ireland competent authority for an ADR certificate shall be accompanied by the appropriate fee determined in accordance with sub-paragraph (1).

(7) The fee payable under sub-paragraph (3) in respect of arrangements for a further inspection of a vehicle shall be paid on or before the date arranged for such further inspection.

(8) Where applications are made for inspections to be carried out in respect of ADR certificates for a vehicle and trailer at the same time or consecutively, separate applications, each accompanied by the appropriate fee, shall be submitted.

(9) Subject to sub-paragraph (10), an application for an ADR certificate shall be accompanied by an application for a test made under regulation 10 of the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003(2)(a “goods vehicle test”).

(10) An application for an ADR certificate need not be accompanied by an application for a goods vehicle test where–

(a) a motor vehicle having a maximum gross weight exceeding 3,500 kilograms which has not reached the end of the month in which falls the first anniversary of the date on which it was registered;

(b) a trailer which has not yet reached the end of the month in which falls the first anniversary of the date on which it was first sold or supplied by retail; or

(c) it has a current goods vehicle test certificate.

(11) In this paragraph–

(a) “ADR certificate”means a certificate of approval issued for a vehicle following inspection of the vehicle in pursuance of section 9.1.3.1 of Annex B to ADR, and references to an inspection of a vehicle or the issue of a certificate or a copy of it are references to such an inspection, or issue of a certificate or copy, by the Northern Ireland competent authority;

(b) “exceptional circumstances”means an accident, a fire, industrial action, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts for it); and

(c) except in sub-paragraphs (3) and (4)(d) (in so far as it relates to seven days), no period of time shall include any day which is a Saturday, Sunday or public holiday and “public holiday”shall not include Good Friday and shall include Easter Tuesday.

Regulation 34(3)(b)

SCHEDULE 3 CARRIAGE OF CLASS 1 GOODS BY ROAD WHERE ATTENDANT NOT REQUIRED

Explosives	U.N. no.
AIR BAG INFLATORS or AIR BAG MODULES or SEAT-BELT PRETENSIONERS	0503
ARTICLES, PYROTECHNIC for technical purposes	0428
ARTICLES, PYROTECHNIC for technical purposes	0429
ARTICLES, PYROTECHNIC for technical purposes	0430
ARTICLES, PYROTECHNIC for technical purposes	0431
ARTICLES, PYROTECHNIC for technical purposes	0432
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK	0014
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK	0327
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK	0338
CARTRIDGES FOR WEAPONS, INERT PROJECTILE	0328
CARTRIDGES FOR WEAPONS, INERT PROJECTILE or CARTRIDGES, SMALL ARMS	0012
CARTRIDGES FOR WEAPONS, INERT PROJECTILE or CARTRIDGES, SMALL ARMS	0339
CARTRIDGES, OIL WELL	0277
CARTRIDGES, OIL WELL	0278
CARTRIDGES, POWER DEVICE	0275
CARTRIDGES, POWER DEVICE	0276
CARTRIDGES, POWER DEVICE	0323
CARTRIDGES, POWER DEVICE	0381
CARTRIDGES, SIGNAL	0054
CARTRIDGES, SIGNAL	0312
CARTRIDGES, SIGNAL	0405
CASES, CARTRIDGE, EMPTY, WITH PRIMER	0055
CASES, CARTRIDGE, EMPTY, WITH PRIMER	0379
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER	0446
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER	0447
CORD, IGNITER	0066
CUTTERS, CABLE, EXPLOSIVE	0070
DINITROSOBENZENE	0406
FIREWORKS	0333
FIREWORKS	0334
FIREWORKS	0335
FIREWORKS	0336
FIREWORKS	0337
FLARES, AERIAL	0093
FLARES, AERIAL	0403
FLARES, AERIAL	0404
FLARES, SURFACE	0092
FLASH POWDER	0094
FLASH POWDER	0305
FUSE, NON-DETONATING	0101
FUSE, SAFETY	0105
IGNITERS	0121
IGNITERS	0314
IGNITERS	0315
IGNITERS	0325
IGNITERS	0454
LIGHTERS, FUSE	0131
5-MERCAPTOTETRAZOL-1-ACETIC ACID	0448
PRIMERS, CAP TYPE	0044
PRIMERS, CAP TYPE	0377
PRIMERS, CAP TYPE	0378
ROCKETS, LINE-THROWING	0238
ROCKETS, LINE-THROWING	0240
ROCKETS, LINE-THROWING	0453
SIGNAL DEVICES, HAND	0191
SIGNAL DEVICES, HAND	0373
SIGNALS, DISTRESS, ship	0194
SIGNALS, DISTRESS, ship	0195
SIGNALS, RAILWAY TRACK, EXPLOSIVE	0192
SIGNALS, RAILWAY TRACK, EXPLOSIVE	0193
SIGNALS, SMOKE	0196
SIGNALS, SMOKE	0197
SODIUM DINITRO-o-CRESOLATE, dry or wetted with less than 15% water, by mass	0234
SODIUM PICRAMATE, dry or wetted with less than 20% water by mass	0235
TETRAZOL-1-ACETIC ACID	0407
ZIRCONIUM PICRAMATE, dry or wetted with less than 20% water, by mass	0236

Regulation 43

SCHEDULE 4 PLACARDS, MARKS AND PLATE MARKINGS FOR CARRIAGE WITHIN NORTHERN IRELAND

PART 1 CARRIAGE OF GOODS BY ROAD

1.  Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 19(2) and sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR, then the HIN shall be replaced by the appropriate EAC for the substance in question.

2.  Subject to paragraphs 3 and 5, where a transport unit or tank-vehicle is carrying one dangerous good in a tank or a transport unit or in a container in bulk–

(a) the orange-coloured plates referred to in paragraph 1, shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the good, transport unit, tank-vehicle or container in question; and

(b) an identical orange-coloured plate shall be affixed to the rear of the transport unit, in place of the orange-coloured plate to be affixed to the rear of the transport unit pursuant to sub-section 5.3.2.1.1 of ADR.

3.  Subject to paragraph 5, where more than one dangerous good is being carried in a tank or in bulk in a transport unit or a tank-vehicle with more than one tank or container–

(a) the orange-coloured plates referred to in paragraph 1, shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the goods, transport unit, tank-vehicle or container in question except that–

(i) only one on each side of the transport unit, tank, tank compartment or container in question, parallel to the longitudinal axis, shall bear the EAC; and

(ii) the remaining plates shall bear only the UN number and shall be 150mm in height; and

(b) an orange-coloured plate shall be affixed to the rear of the transport unit or tank-vehicle in question which shall be identical to the plates referred to in sub-paragraph (a), except that it shall display the EAC only in the top half of the plate.

4.  –

(1) Subject to sub-paragraph (2), where dangerous goods are being carried in tanks a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage shall be displayed–

(a) at the rear of the transport unit;

(b) on both sides of–

(i) any tank;

(ii) the frame of any tank; or

(iii) the transport unit; and

(c) in the immediate vicinity of the orange-coloured plates displaying the EACs,

and shall be in black digits of not less than 30mm in height against an orange-coloured background.

(2) The telephone number may be substituted by the phrase “consult local depot”or “contact local depot” provided that–

(a) the name of the carrier is clearly identifiable from the marking on any tank or the transport unit;

(b) the chief fire officer has been notified in writing of the address and telephone number of the relevant local depot; and

(c) the chief fire officer has indicated in writing that he is satisfied with the arrangements.

5.  –

(1) The information required to be displayed on placards and orange-coloured plates pursuant to section 5.3.1 of ADR and paragraphs 1 to 3 and the information required to be displayed pursuant to paragraph 4 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).

(2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that–

(a) it shall be displayed in accordance with paragraphs 1 to 3 as if they were orange-coloured plates;

(b) it shall be orange-coloured except the part incorporating the placard which shall be white;

(c) the part incorporating the placard shall be not less than 200mm by 200mm, with a line of the same colour as the relevant symbol not more than 12.5mm inside the edge and running parallel to it;

(d) if more than one placard is to be incorporated in the panel then those placards shall be adjacent in the same horizontal plane;

(e) it shall conform to the figure below; and

(f) it shall be clearly visible.

Hazard Warning Panel

PART 2 CARRIAGE OF GOODS BY RAIL

6.  Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 19(2) and section 5.3.2 of RID, then the HIN shall be replaced by the appropriate EAC for the substance in question.

7.  Where dangerous goods are being carried in tanks, a telephone number where specialist advice concerning the dangerous goods in question may be obtained in English at any time during carriage shall be displayed–

(a) in the immediate vicinity of each orange-coloured plate; and

(b) against an orange-coloured background in black digits of not less than 30mm in height.

8.  –

(1) The information required to be displayed on placards and orange-coloured plates in accordance with section 5.3.1 of RID and paragraph 6 and the telephone number required to be displayed pursuant to paragraph 7 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).

(2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that it shall–

(a) be displayed in accordance with paragraph 7 as if it were an orange-coloured plate; and

(b) comply with the requirements of paragraphs 5(2)(c) to (f).

Regulation 46

SCHEDULE 5 AMENDMENTS TO THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS (NORTHERN IRELAND) 1991

1.  The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991(3)shall be amended as follows.

2.  In regulation 2 (interpretation)–

(1) omit the definition of “Class 1”;

(2) for the definition of “classified”substitute–

““classified” means classified in accordance with–

(a)

regulation 14 of the Carriage of Explosives Regulations (Northern Ireland) 2006(4)in relation to carriage by road or by rail;

(b)

regulation 11 of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997(5)in relation to carriage by ship; or

(c)

regulation 11c of the Air Navigation (Dangerous Goods) Regulations 2002(6)in relation to carriage by air;”;

(3) omit the definitions of “Compatibility Group”and “Division”;

(4) for the definition of “hazard classification code”substitute–

““hazard classification code” means the division number as set out in paragraph 2.1.1.4 of the United Nations Recommendations, followed by the compatibility group letter, as set out in paragraph 2.1.2 of those Recommendations, for the article, substance, combination or unit load in question which is assigned on classification in accordance with regulation 3;”;

(5) for the definition of “name”substitute–

““name” means in relation to an explosive article or explosive substance–

(a)

the name under which it is or is to be marketed; or

(b)

in the case of a military explosive, the name designated in writing for that explosive substance or article by the Secretary of State for Defence;”;

(6) at the end of the definition of “unit load”, add the following definition–

““the United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957)) [Current Edition (2003): ISBN 92-1-139090-7], as revised or reissued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of six months after any revision or reissue, be a reference to either the document as it was immediately before that revision or reissue took effect or the document as revised or reissued; and”; and

(7) for the definition of “United Nations Serial Number”substitute–

““United Nations Serial Number” means the serial number set out in paragraph 3.2.1 of the UN Recommendations which is assigned to the article, substance, combination or unit load in question on classification in accordance with regulation 3 as a means of identification.”.

3.  In regulation 3 (classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof), for paragraph (2) substitute–

“(2) An article, substance, combination or unit load to which these Regulations apply may not be–

(a) imported into the United Kingdom in the course of or for, private use or use at work, or conveyed unless it has been classified and that classification has been approved in writing by the Secretary of State, or, in the case of a military explosive, by the Secretary of State for Defence; and

(b) conveyed, kept or supplied unless it and any packaging comply with any labelling requirements imposed in respect of them by these Regulations.”.

4.  In regulation 4(1), for sub-paragraphs (b) and (c) substitute the following sub-paragraph–

“(b) which has not been classified or which has been allocated on classification the United Nations Serial Number 0190 and which–

(i) does not include any initiating explosives;

(ii) is a commercial sample or a sample for one or more of the following purposes, namely research and development, quality control, their testing or in connection with an application for their classification; and

(iii) is in accordance with such conditions as are approved in writing for the time being by the Secretary of State or, in the case of military explosives, by the Secretary of State for Defence, for the purposes of this regulation,

and in this sub-paragraph “initiating explosives” means explosives intended solely to cause the detonation of other explosives; or”.

5.  For regulation 6 (labelling of an article, substance or combination), substitute–

“Labelling of an article, substance or combination

6.   –

(1) A packaged article or substance, or a combination to which these Regulations apply shall bear a label in accordance with paragraph 12 of Schedule 3.

(2) An unpackaged article, other than a firework, to which these Regulations apply, shall bear a label in accordance with paragraph 13 of Schedule 3.”.

6.  Regulations 7 (labelling of an article, substance or combination not in Class 1) and 9 (labelling or arrangement of a unit load) shall be omitted.

7.  In regulation 10 (labelling generally), in paragraph (1), for “6, 7, 8 and 9”substitute “6 and 8”.

8.  In regulation 12A, in paragraph (a) for “3(2)(b), 6 or 9”substitute “3(2)(b) or 6”.

9.  In regulation 13(2), for the words from “he is satisfied”to the end of the paragraph substitute “he is satisfied that the environment, the security of the explosives and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it”.

10.  Omit Schedules 1 and 2.

11.  In Schedule 3 (labels)–

(1) omit paragraphs 1 to 11;

(2) in paragraph 12–

(a) in the heading, omit the words “in Class 1”;

(b) in the first line for “The other label required by regulation 6(1) and (3)”substitute “The label required by regulation 6(1)”; and

(c) omit sub-paragraph (a);

(3) in paragraph 13–

(a) in the heading, omit the words “in Class 1”;

(b) in the first line for “The other label required by regulation 6(2) and (4)”substitute “The label required by regulation 6(2)”; and

(c) omit paragraph (a); and

(4) omit paragraphs 16 and 17.

Regulation 47

SCHEDULE 6 CONSEQUENTIAL AMENDMENTS

Amendment to the Compressed Acetylene Order (Northern Ireland) 1979

1.  After Article 1 of the Compressed Acetylene Order (Northern Ireland) 1979(7)there shall be inserted–

“1A.   This Order shall not apply to any transportable pressure equipment which complies with the provisions of Part IV of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006(8).”.

Amendments to the Explosives in Harbour Areas Regulations (Northern Ireland) 1995

2.  –

(1) The Explosives in Harbour Areas Regulations (Northern Ireland) 1995(9) shall be amended as follows.

(2) In regulation 2(1) (interpretation)–

(a) for the definition of “Compatibility Group”and “Compatibility Group Number” substitute–

““Compatibility Group” and “Compatibility Group Number” have the same meaning as in the IMDG Code;”; and

(b) for the definition of “Division”and “Division Number” substitute–

““Division” and “Division Number” have the same meaning as in the IMDG Code;”.

(3) For regulation 26 substitute–

“Receptacles

26.   Where explosives are brought into a harbour or a harbour area from inland in a receptacle, the consignor of those explosives shall ensure that–

(a) the receptacle is designed, constructed, maintained and closed so as to prevent any of the contents escaping when subjected to the stresses and strains of normal handling or transport except that this shall not prevent the fitting of a suitable safety device;

(b) the receptacle and any fastenings are, in so far as they are likely to come into contact with the explosives, made of materials which are neither liable to be adversely affected by the explosives nor liable in conjunction with the explosives to form any other substance which is itself a risk to health or safety; and

(c) the receptacle is correctly filled.”.

Regulation 48(1)

SCHEDULE 7 REVOCATIONS

Regulations revoked	References	Extent of revocation
The Packaging of Explosives for Carriage Regulations (Northern Ireland) 1993	S.R. 1993 No. 268	The whole Regulations
The Carriage of Explosives by Road Regulations (Northern Ireland) 1997	S.R. 1997 No. 474	The whole Regulations
The Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997	S.R. 1997 No. 475	The whole Regulations
The Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000	S.R. 2000 No. 171	The whole Regulations
The Carriage of Explosives by Rail Regulations (Northern Ireland) 2001	S.R. 2001 No. 387	The whole Regulations
The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 390	The whole Regulations

(1)

1994 c. 22

(2)

S.R. 2003 No. 304 to which there are amendments not relevant to these Regulations

(3)

S.R. 1991 No. 516

(4)

S.R. 2006 No. 182

(5)

S.I. 1997/2367

(6)

S.I. 2002/2786

(7)

S.R. 1979 No. 290

(8)

S.R. 2006 No. 173

(9)

S.R. 1995 No. 87