SCHEDULE 5Consequential Amendments

Regulation 34

1.

In the Dangerous Substances (Notification and Marking of Sites) Regulations 199021, in paragraph 2(d) of Schedule 1 (Exceptions), for “regulation 27 of the Dangerous Substances in Harbour Areas Regulations 1987” substitute “regulation 11 of the Dangerous Goods in Harbour Areas Regulations 2016”.

2.

In the Railways (Class and Miscellaneous Exemptions) Order 199422 in paragraph 2(1) (Interpretation) for the definition of “harbour” and “harbour area” substitute—

““harbour” and “harbour area” mean the definition of “harbour area” in regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016;”.

3.

In the Special Waste Regulations 199623 in the definition of “harbour area” in regulation 1(4) for “Dangerous Substances in Harbour Areas Regulations 1987” substitute “Dangerous Goods in Harbour Areas Regulations 2016”;

4.

In the Railway Safety (Miscellaneous Provisions) Regulations 199724, in regulation (2)(1) (Interpretation) for the definition of “harbour” and “harbour area”” substitute—

““harbour” and “harbour area” mean the definition of “harbour area” in regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016;”.

5.

In the Dockyard Port of Plymouth Order 199925—

(a)

in article 2 (Interpretation) for the definition of “1987 Regulations” substitute—

““2016 Regulations” means the Dangerous Goods in Harbour Areas Regulations 2016”;

(b)

in article 23 (Anchorage in Plymouth Sound)—

(i)

at paragraph (1) for “Regulation 33(2)(a) to (g) of the 1987 Regulations” substitute “Regulation 14(2)(a) to (h) of the 2016 Regulations”;

(ii)

at paragraph (2) for “Regulation 8 of the 1987 Regulations” substitute “Regulation 8 of the 2016 Regulations”;

(c)

in article 24(b)(i) for “Regulation 8 of the1987 Regulations” substitute “Regulation 8 of the 2016 Regulations”;

(d)

in Schedule 2 (Rules) paragraph 3(2) (Anchor and other lights and signals (exemptions) etc.) for “the 1987 Regulations” substitute “the 2016 Regulations”.

6.

In the Hazardous Waste (England and Wales) Regulations 200526 in regulation 5 (General Interpretation) for the definition of “harbour area” substitute the following definition—

““harbour area” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;”.

7.

In the Hazardous Waste (Wales) Regulations 200527—

(a)

in the English language text, for regulation 5(1) (General interpretation) for the definition of “harbour area” substitute the following definition—

““harbour area” (“ardal harbwr”) has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;”;

(b)

in the Welsh language text, for regulation 5(1) (dehongli’n gyffredinol) for the definition of “ardal harbwr” substitute—

“mae i “ardal harbwr” yr un ystyr â “harbour area” yn Rheoliadau Sylweddau Peryglus mewn Ardaloedd Harbwr 2016;”.

8.

In the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 200628—

(a)

in regulation 2 (Interpretation)—

(i)

for the definition beginning with “harbour” substitute—

““harbour area” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;”;

(ii)

in paragraph (k) in the definition of “operation of a railway” substitute—

“loading or unloading of goods on or from vehicles in harbour areas, at intermodal depots or premises owned or operated by, or on behalf of, the Secretary of State for Defence;”;

(b)

in regulation 4 (Exceptions) replace the word “harbour” with “harbour area” at each place it occurs.

9.

In the Railways and Other Guided Transport Systems (Safety) Regulations 200629, in regulation 2(1) (Interpretation and application)—

(a)

for the definition beginning with “harbour” substitute—

““harbour” area has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;”;

(b)

in paragraph (c)(i) delete the words “harbour or”.

10.

In the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 200930, in regulation 7 (Additional security requirements for carriage by road), for paragraph (5)(a)(ii) substitute—

“in relation to a harbour or harbour area, a parking area designated for the purposes of regulation 13 of the Dangerous Goods in Harbour Areas Regulations 2016;”.

11.

In the Waste Management Licensing (Scotland) Regulations 201131, in Schedule 1 (Activities Exempt from Waste Management Licensing), paragraph 36(4), for “Dangerous Substances in Harbour Areas Regulations 1987” substitute “Dangerous Goods in Harbour Areas Regulations 2016”.

12.

In the Explosives Regulations 201432—

(a)

in regulation 2(7) (Interpretation) for “regulation 36(1) of the Dangerous Substances in Harbour Areas Regulations 1987” substitute “regulation 17 of the Dangerous Goods in Harbour Areas Regulations 2016”;

(b)

in regulation 3(8) (Application and extent) for “Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (Explosives) applies” substitute “Part 5 of the Dangerous Goods In Harbour Areas Regulations 2016 applies”.

13.

In the Planning (Hazardous Substances) Regulations 201533, in Schedule 2 (Exemptions)—

(a)

for paragraph 5(b) (Emergency unloading from ships) substitute—

“(b)

it was unloaded from a craft after having been brought into a harbour area, within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016, without requiring notification under paragraph (1) of regulation 6 of those Regulations by virtue of an exemption under paragraph (6) of that regulation”;

(b)

for paragraph 12 (Explosives) substitute—

“Hazardous substances consent is not required where an explosives licence within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016 has been issued.”.

14.

In the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 201534, in Schedule 2 (Exemptions)—

(a)

for paragraph 9(b) (Emergency unloading from ships) substitute—

“(b)

it was unloaded from a craft after having been brought into a harbour area, within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016 without requiring notification under regulation 6(1) of those regulations by virtue of an exemption under regulation 6(6).”;

(b)

in paragraph 11 (Explosives) for “the Dangerous Substances in Harbour Areas Regulations 1987” substitute “the Dangerous Goods in Harbour Areas Regulations 2016”.

15.

In the Planning (Hazardous Substances) (Wales) Regulations 201535, in Schedule 2 (Exemptions)—

(a)

in the English language text—

(i)

for paragraph 4(b) (Emergency unloading from ships) substitute—

“(b)

it was unloaded from a craft after having been brought into a harbour area, within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016, without requiring notification under paragraph (1) of regulation 6 of those Regulations by virtue of an exemption under paragraph (6) of that regulation.”;

(ii)

for paragraph 11 (Explosives) substitute—

“Hazardous substance consent is not required where an explosives licence within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016 has been issued.”.

(b)

in the Welsh language text—

(i)

for paragraph 4(b) (Dadlwytho oddi ar longau mewn argyfwng) substitute—

“(b)

os cafodd ei ddadlwytho oddi ar fad ar ôl iddo ddod i mewn i ardal harbwr, o fewn ystyr “harbour area” yn rheoliad 2(1) o Reoliadau Nwyddau Peryglus mewn Ardaloedd Harbwr 2016, heb fod hysbysiad yn ofynnol o dan baragraff (1) o reoliad 6 o’r Rheoliadau hynny yn rhinwedd esemptiad o dan baragraff (6) o’r rheoliad hwnnw.”;

(ii)

in paragraph 11 (Ffrwydron) for “trwydded ar gyfer ffrwydryn o fewn ystyr “explosive” yn rheoliad 2(1) o Reoliadau Sylweddau Peryglus mewn Ardaloedd Harbwr 1987” substitute “trwydded ffrwydron o fewn ystyr “explosives licence” yn rheoliad 2(1) o Reoliadau Nwyddau Peryglus mewn Ardaloedd Harbwr 2016”.

16.

In the Health and Safety and Nuclear (Fees) Regulations 201636—

(a)

in the heading to Regulation 11 for “Fees for application for or changes to an explosives licence under Part 9 of the Dangerous Substances in Harbour Areas Regulations 1987” substitute “Fees for application for or changes to an explosives licence under Part 5 of the Dangerous Goods in Harbour Areas Regulations 2016”;

(b)

at regulation 11(1) for “Part 9 of the 1987 Regulations” substitute “Part 5 of the 2016 Regulations”;

(c)

for paragraph 11(3) substitute—

“For the purposes of this regulation “appropriate authority” has the same meaning as under the 2016 Regulations.”;

(d)

for regulation 11(4) substitute—

“(4)

For the purposes of this regulation “the 2016 Regulations” means the Dangerous Goods in Harbour Areas Regulations 2016.”;

(e)

in the heading to Schedule 8 substitute—
“FEES FOR APPLICATION FOR OR CHANGES TO AN EXPLOSIVES LICENCE UNDER PART 5 OF THE DANGEROUS GOODS IN HARBOUR AREAS REGULATIONS 2016”.