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2001 No. 390

HEALTH AND SAFETY

The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001

  Made 22nd October 2001 
  To be laid before Parliament
  Coming into operation 22nd November 2001 

The Secretary of State, in pursuance of Articles 17(1) to (6), 40(2) to (4), 43(3), 54 and 55(2) of, and paragraphs 1, 2, 3, 5, 6, 11, 13, 14(1), 15 and 19 of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978[1] as so applied and modified, and after consultation in accordance with Article 46(1) of that order with the Health and Safety Executive for Northern Ireland and such other bodies as appear to him to be appropriate, makes the following Regulations: - 

Citation and commencement
     1. These Regulations may be cited as the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 22nd November 2001.

Amendments to the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991
    
2. The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991[2] shall be amended in accordance with Schedule 1.

Amendments to the Packaging of Explosives for Carriage Regulations (Northern Ireland) 1993
     3. The Packaging of Explosives for Carriage by Road Regulations (Northern Ireland) 1993[3] shall be amended in accordance with Schedule 2.

Amendments to the Carriage of Explosives by Road Regulations (Northern Ireland) 1997
     4. The Carriage of Explosives by Road Regulations (Northern Ireland) 1997[4] shall be amended in accordance with Schedule 3.

Amendments to the Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997
     5. The Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997[5] shall be amended in accordance with Schedule 4.

Amendments to the Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000.
     6. The Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000[6] shall be amended in accordance with Schedule 5.


Dr. John Reid
One of Her Majesty's Principal Secretaries of State

Northern Ireland Office
22nd October 2001



SCHEDULE 1
Regulation 2


Amendments to the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991


     1. In regulation 6 - 

     2. In regulation 9(2), for the words "or (6)" substitute ", (6) or (7)".

     3. In Schedule 2, in the Compatibility Group entry for the Compatibility Group B insert the words "do not" before the word "contain".

     4. In paragraph 17 of Schedule 3, after the words "regulation 6(6)" insert "or (7)".



SCHEDULE 2
Regulation 3


Amendments to the Packaging of Explosives for Carriage Regulations (Northern Ireland) 1993


     1. In regulation 2(1), for the definition of "the United Nations Recommendations", substitute the following - 

     2. In regulation 3 - 

     3. In paragraph (2) of regulation 12, for the words from "he is satisfied" to the end of the paragraph substitute "he is satisfied that the environment, the security of the explosives and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it".

     4. In column 3 of Schedule 1 Part I - 



SCHEDULE 3
Regulation 4


Amendments to the Carriage of Explosives by Road Regulations (Northern Ireland) 1997


     1. In Regulation 2 - 

     2. In regulation 3 - 

     3. For paragraphs (2) and (3) of regulation 7, substitute the following paragraph - 

     4. In regulation 11 - 

     5. In regulation 14(1)(b), for the words "in the same Compatibility Group" substitute "in Compatibility Group G".

     6. In regulation 15(3) and (4), after the word "together", insert "Part I of".

     7. At the end of paragraph (2) of regulation 17, add the following paragraph - 

     8. For sub-paragraph (b) of regulation 20(3), substitute the following sub-paragraph - 

     9. In regulation 21(4), for the words "are those specified in Part I and II of Schedule 1" substitute "comply with the exceptions in paragraph 15 of Schedule 5".

     10. At the end of regulation 22, add the following regulation - 

     11. In regulation 25(3), for the words "in Division 1.4 and Compatibility Group S" substitute "those explosives specified in paragraph 15(a), or sub-paragraphs (a) to (c) of paragraph 16, of Schedule 5".

     12. In paragraph (2) of regulation 29, for the words from "she is satisfied" to the end of the paragraph substitute "she is satisfied that the environment, the security of the explosives and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it".

     13. In regulation 30, for paragraph (3) substitute the following - 

     14. In Schedule 1 - 

     15. In paragraph 3 of Schedule 2, delete the words "vehicle or" (in both places where they occur) and the word "respectively".

     16. At the end of Part I of Schedule 3, add the following paragraph - 

     17. In Schedule 4 - 

     18. In Part I of Schedule 5 - 

     19. For paragraph 15 of Part II of Schedule 5, substitute the following paragraph - 

     20. In Part I of Schedule 6 - 

     21. In Part II of Schedule 6 - 

     22. At the end of Schedule 6, insert the following Part - 



     23. In Schedule 8 - 



SCHEDULE 4
Regulation 5


Amendments to the Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997


     1. In regulation 1 - 

     2. In regulation 3(1)(b), after the word "under" insert "Articles 5, 8 and 9 of".

     3. In regulation 4 - 

     4. In regulation 5(1)(a) for the words "on 1st July 1997" there shall be substituted the words "on 1st December 1997".

     5. In paragraph (2) of regulation 8, for the words from "he is satisfied" to the end of the paragraph substitute "he is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.".

     6. In regulation 9, for paragraph (3) substitute the following - 

     7. In Schedule 1, at the end, insert the following paragraph - 

     8. In Schedule 2, for paragraph (d) substitute the following - 

     9. In Schedule 3 - 

     10. In paragraph 1 of Schedule 4 after the words "for the approval" there should be inserted the words "or renewal of any approval".



SCHEDULE 5
Regulation 6


Amendments to the Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000


     1. In Regulation 5(1) for the words "regulation 7(10)" substitute the words "regulation 7(9)".

     2. In Regulation 7(7) for the words "paragraph (5)" substitute the words "paragraph (4)".

     3. In Schedule 1 paragraph 1(b) for the words "paragraph 21" substitute the words "paragraph 20A".



EXPLANATORY NOTE

(This note is not part of the Regulations.)


     1. These regulations implement - 

     2. The Regulations amend - 

     3. The effect of the amendments is to align the Regulations in paragraph 2 with the latest versions of the ADR agreement, as defined in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997.

     4. Apart from minor and drafting amendments, the principal modifications are - 

     5. Copies of relevant documents may be obtained as follows - 


Notes:

[1] S.I. 1978/1039 (N.I. 9) as modified by the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 525)back

[2] S.R. 1991/516 as amended by S.R. 1997/474back

[3] S.R. 1993/268back

[4] S.R. 1997/474back

[5] S.R. 1997/475back

[6] S.R. 2000/171back

[7] S.R. 1997/247back

[8] S.I. 1992/224 (N.I. 2)back



ISBN 0 33794077 0


  © Crown copyright 2001

Prepared 31 October 2001


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