28.—(1) The 2009 Regulations M1 are amended as follows.
(2) In the Table in paragraph (5) of regulation 2 (interpretation – general) after the row in which the expression “armed forces” is defined insert—
| ““civil carriage of class 7 goods” | The carriage of class 7 goods by road, rail or inland waterway otherwise than for the purposes of the department of Secretary of State having responsibility for Defence.” |
(3) In the Table in regulation 12(1) for the row containing the entry for the Secretary of State for Energy and Climate Change substitute—
| “The Office for Nuclear Regulation | The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Office for Nuclear Regulation is the GB competent authority.”. |
(4) In regulation 25(3A) (competent authority) for “the Secretary of State for Energy and Climate Change” substitute “ the Office for Nuclear Regulation ”.
(5) For regulation 32 (enforcement) substitute—
“32.—(1) The enforcing authorities for these Regulations are—
(a)the Secretary of State for Defence in relation to road, rail and inland waterways but only in connection with those functions for which the Secretary of State for Defence is the GB competent authority;
(b)in so far as they apply to carriage of dangerous goods other than civil carriage of class 7 goods, the persons specified in paragraph (2).
(2) The enforcing authorities are—
(a)the Health and Safety Executive in relation to road and, subject to paragraph (3), rail,
(b)the Secretary of State for Transport in relation to road and inland waterways,
(c)the chief of police of each area in relation to road.
(3) The Health and Safety Executive is not an enforcing authority in relation to rail to the extent that the Office of Rail Regulation is an enforcing authority pursuant to regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.
(4) Despite paragraphs (1) to (3), the Secretary of State for Transport is the only enforcing authority in relation to the carriage of all classes of goods, except civil carriage of class 7 goods, to the extent that these Regulations require compliance with the security provisions.”.
(6) After regulation 32 insert—
32A.—(1) It is an offence for a person to contravene—
(a)any provision of these Regulations as they apply to the civil carriage of class 7 goods, or
(b)any requirement or prohibition imposed under any provision of these Regulations as they apply to such carriage (including any requirement or prohibition to which that person is subject by virtue of the terms of or any condition or restriction attached to any approval, exemption or other authority issued, given or granted under them).
(2) A person who commits an offence under this regulation is liable—
(a)on summary conviction to—
(i)imprisonment for a term not exceeding 12 months, or
(ii)a fine, or
(iii)both;
(b)on conviction on indictment to—
(i)imprisonment for a term not exceeding two years, or
(ii)a fine, or
(iii)both.
(3) Paragraphs (4) and (5) make transitional modifications to paragraph (2) as it applies to England and Wales.
(4) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court powers to imprison), the reference in paragraph (2)(a)(i) to imprisonment for a term not exceeding 12 months is to be read as reference to imprisonment for a term not exceeding six months.
(5) In relation to an offence committed before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) the reference to a fine in paragraph (2)(a)(ii) is to be read as a reference to a fine not exceeding £20,000.”.
Marginal Citations
M1S.I. 2009/1348, as amended by S.I. 2011/1885, SSI 2013/119 and S.I. 2013/235.