The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

[F1 Interpretation of Part 1 E+W+S

1.— (1) In this Part of this Schedule—

“the 2017 Regulations” means the Ionising Radiations Regulations 2017;

“Category 1 responder” has the meaning given in Part 1, 2 or 2A of Schedule 1 to the Civil Contingencies Act 2004;

“Category 2 responder” has the meaning given in Parts 3, 4 and 5 of Schedule 1 to the Civil Contingencies Act 2004;

“dose consequences” means the consequences to an individual of being exposed to a specific quantity of ionising radiation as the result of a radiation emergency;

“duty holder” means—

(a)

a consignor; or

(b)

a carrier;

“emergency exposure” means an exposure to ionising radiation of an employee engaged in any activity of, or associated with, the response to a radiation emergency or potential radiation emergency in order—

(a)

to bring help to endangered persons;

(b)

to prevent exposure of a large number of persons; or

(c)

to save a valuable installation or goods;

whereby one of the individual dose limits referred to in regulation 12 of the 2017 Regulations could be exceeded;

“emergency services” means those police, fire and ambulance services that are likely to be required to respond to a radiation emergency;

“emergency worker” means—

(a)

a Category 1 responder who has a defined role in an emergency plan;

(b)

a person employed, whether or not by a duty holder, to assist in the transition from emergency state; or

(c)

any other person or organisation that is identified in an emergency plan as having a role in providing assistance in the handling of a radiation emergency;

“escort commander” means a person who is responsible for the escort of a package;

“health authority” means—

(a)

in relation to England, [F2 an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006];

(b)

in relation to Wales, a local health board established under section 11 of the National Health Service (Wales) Act 2006; and

(c)

in relation to Scotland, a health board established under section 2 of the National Health Service (Scotland) Act 1978;

“ionising radiation” means the energy transferred in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less, or a frequency of 3 x 10¹⁵ hertz or more, capable of producing ions directly or indirectly;

“radiation emergency” means a non-routine situation or event arising during the carriage of class 7 goods that necessitates prompt action to mitigate the serious consequences—

(a)

of a hazard resulting from that situation or event;

(b)

of a perceived risk arising from such a hazard; or

(c)

to one or more of the following—

(i)

human life;

(ii)

health and safety;

(iii)

quality of life;

(iv)

property;

(v)

the environment;

“relevant local authority”—

(a)

in relation to an occurrence in London, means the London Fire Commissioner;

(b)

in relation to an occurrence in an area where there is a metropolitan county fire and rescue authority, means that authority;

(c)

in relation to an occurrence in the Isles of Scilly, means the Council of the Isles of Scilly;

(d)

in relation to an occurrence in any other area in England, means the county council for that area or, where there is no county council for that area, the district council for that area;

(e)

in relation to an occurrence in Scotland, means the council for the local government area; and

(f)

in relation to an occurrence in Wales, means the county council or county borough council for that area.

(2) In this Part of this Schedule any reference to an effective dose means the sum of the effective dose to the whole body from external radiation and the committed effective dose from internal radiation.

(3) For the purposes of this Part of this Schedule, a person assists in the handling of a radiation emergency if the person takes any steps that it is reasonable to take in the prevailing circumstances to reduce or prevent exposure.

(4) For the purposes of sub-paragraph (3), “prevailing circumstances” include—

(a) the weather;

(b) the time at which the emergency occurred;

(c) the distribution of the local population;

(d) the nature and contents of the package involved in the emergency;

(e) the stability of the contents of that package;

(f) the local geography and ecology;

(g) any other hazards;

(h) the relative importance of the emergency in relation to other calls that are being made upon the emergency services.]

Textual Amendments

F1 Sch. 2 substituted (21.4.2019) by The Carriage of Dangerous Goods (Amendment) Regulations 2019 (S.I. 2019/598), reg. 1, Sch. (with reg. 9)

F2 Words in Sch. 2 substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))