PART 3E+W+SEXEMPTIONS

Derogations and transitional provisionsE+W+S

11.—(1) The Secretary of State for Transport may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.

(2) But paragraph (1) only applies for the purposes of—

[F1(a)implementing a derogation authorised under article 6(2) to (4) of and listed in—

(i)section I.3 of Annex I, or

(ii)section II.3 of Annex II

to the Dangerous Goods Directive that had effect immediately before IP completion day, subject to the modification in paragraph (3); or

(b)maintaining a transitional provision permitted by article 7 of and listed in—

(i)section I.2 of Annex I, or

(ii)section II.2 of Annex II

to the Dangerous Goods Directive, subject to the modification in paragraph (3); or]

(c)ensuring that carriage to which these Regulations apply, but the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).

[F2(3) The modification referred to in paragraphs (2)(a) and (b) apply to the identified sections of those Annexes to the Dangerous Goods Directive, and are that any reference to a member State is to be read as a reference to—

(a)the UK, or

(b)a member State of the EU.]

F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The Secretary of State may not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.

(7) This regulation does not limit the power to issue an authorisation under regulation 12(1) [F4or an exception under regulation 11A(1)].

Textual Amendments