SCHEDULES

SCHEDULE 5 Solid Fuel

Part III Carriage of Solid Fuel by Road

17

C11

If the vehicle is carrying any relevant goods for delivery to a buyer in pursuance of, or of an agreement for, a sale of a quantity exceeding F1110 kilograms, then, subject to sub-paragraph (6) below, there shall before the journey begins be delivered to the person in charge of the vehicle a document signed by or on behalf of the seller (in this paragraph referred to as “the delivery document”) stating—

a

the name and address of the seller,

b

the name of the buyer and the address of the premises to which the goods to which the document relates are being delivered,

c

the type of those goods,

d

subject to sub-paragraph (2) below, the aggregate net weight of those goods, and

e

where any of those goods are made up in containers—

i

the number of those containers, and

ii

except where the whole of the relevant goods carried on the vehicle are for delivery to a single buyer, and except where the whole of the vehicle’s load consists of such solid fuel as is mentioned in paragraph 7(a) above, the net weight of the goods in each of those containers;

and if this sub-paragraph is contravened the seller shall be guilty of an offence.

2

Where the whole of the vehicle’s load consists of relevant goods not made up in containers and is being delivered to the same person at the same premises, the statement referred to in sub-paragraph (1)(d) above shall not be required at any time while the vehicle is travelling between the place where it was loaded and the nearest suitable and available weighing equipment if the delivery document states that the quantity of the relevant goods is to be expressed by net weight determined by means of that equipment and specifies the place at which the equipment is situated.

3

In any case to which sub-paragraph (2) above applies, the person in charge of the vehicle at the time when the net weight of the relevant goods is determined shall forthwith add to the delivery document a statement of that net weight, and if he fails so to do he shall be guilty of an offence.

4

Subject to sub-paragraph (5) below, if the vehicle is carrying relevant goods to which sub-paragraph (1) above applies for delivery to each of two or more buyers—

a

that sub-paragraph shall apply separately in relation to each of those buyers, and

b

the relevant goods for delivery to each respectively of those buyers shall be carried on the vehicle made up separately in containers or in separate compartments;

and if paragraph (b) of this sub-paragraph is contravened the seller shall be guilty of an offence.

5

Sub-paragraph (4)(b) above shall not apply where the vehicle is contructed or adapted for the mechanical making up in containers of the fuel carried thereon and incorporates weighing equipment approved by the Secretary of State for that purpose.

6

Sub-paragraph (1) above shall not apply to any goods which to the knowledge of the seller are to be loaded into a ship before their delivery to the buyer.