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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 520

HEALTH AND SAFETY

The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2006

  Made 13th December 2006 
  To be laid before Parliament  
  Coming into operation 1st February 2007 

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 17(1) to (6), 40(2) to (4) and 55(2) of, and paragraphs 1(1) to (4), 2, 3(1), 5, 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 by Article 53 of that Order. In accordance with Article 46(1)[2] of that Order he has consulted with the Health and Safety Executive for Northern Ireland[3] and such bodies as appeared to him to be appropriate.

Citation and Commencement
     1. These Regulations may be cited as the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 1st February 2007.

Amendments to the Carriage of Explosives Regulations (Northern Ireland) 2006
    
2. The Carriage of Explosives Regulations (Northern Ireland) 2006[4] shall be amended in accordance with the Schedule.

Amendments to the Order of Secretary of State (No. 9) Relating to Compressed Acetylene Contained in a Porous Substance 1919
     3. Conditions (1) to (4), (9) and (11) of the Order of Secretary of State (No. 9) Relating to Compressed Acetylene Contained in a Porous Substance 1919[5] shall be omitted.


Peter Hain
One of Her Majesty's Principal Secretaries of State

Northern Ireland Office
13th December 2006



SCHEDULE
Regulation 2


AMENDMENTS TO THE CARRIAGE OF EXPLOSIVES REGULATIONS (NORTHERN IRELAND) 2006


     1. In regulation 2(1) (interpretation)—

     2. In regulation 3 (application)—

     3. In regulation 5 (application to tanks, pressure receptacles, battery-vehicles, battery-wagons, MEGCs, UN-certified MEGCs and transportable pressure equipment)—

     4. In regulation 7 (exemptions)—

     5. After regulation 10 (safety obligations) insert—

     6. In regulation 13 (emergency plans for marshalling yards) for the words "1.10" substitute "1.11".

     7. In regulation 18 (use of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs)—

     8. In regulation 19(2) (consignment) for the words "UN-certified MEGC" substitute "UN MEGC".

     9. In regulation 20(2)(b) (construction and testing of packagings and packages) for the words "6.1.5.9.1" substitute "6.1.5.8.1".

     10. In regulation 21 (carriage, loading, unloading and handling) for paragraph (2) substitute—

     11. In regulation 29(6) (issue of safety adviser vocational training certificates by the Northern Ireland competent authority) after the words "(2)(b)" add "in accordance with sub-section 1.8.3.14 of ADR in relation to carriage by road or of RID in relation to carriage by rail".

     12. In regulation 30 (issue of driver training certificates by the Northern Ireland competent authority) after paragraph (5) insert—

     13. For regulation 32 (miscellaneous functions of the Northern Ireland competent authority) substitute—

     14. In regulation 48(4) (revocations and savings) for the word "33" substitute "25".

     15. In Schedule 1 (competent authority functions)—

     16. In Schedule 2 (fees for certificates and applications for approvals), for paragraphs 1 to 3 substitute—

     17. In Schedule 4 (placards, marks and plate markings for carriage within Northern Ireland)—



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations amend the Carriage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006 No. 182) ("the Carriage Regulations") to implement—

     2. Council Directive 96/49/EC (O.J. No. L319, 12.12.96, p.7) applies the European Agreement concerning the International Carriage of Goods by Road signed at Geneva on 30th September 1957 ("ADR"). Council Directive 96/55/EC (O.J. No. L234, 17.9.96, p. 25) applies the Regulations concerning the International Carriage of Dangerous Goods by Rail ("RID") which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail. The amendments in these Regulations align the Carriage Regulations with the latest versions of the ADR and RID agreements, as defined in regulation 2 of the Carriage Regulations.

     3. Apart from minor amendments, the principal modifications are new provisions—

     4. The Regulations also make consequential amendments to the Order of Secretary of State (No. 9) Relating to Compressed Acetylene Contained in a Porous Substance 1919 (S.I. 1919/809) (regulation 3).

     5. In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005 (S.I. 2005 No. 1732). The Department for Transport has prepared a regulatory impact assessment in relation to those Regulations. Copies of that assessment together with a Northern Ireland Supplement prepared by the Secretary of State are held at Firearms and Explosives Branch, Room 4.16, Block B, Castle Buildings, Stormont Estate, Belfast, BT4 3SG, from where copies may be obtained on request.


Notes:

[1] S.I. 1978/1039 (N.I. 9); Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)back

[2] Article 46 was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18back

[3] Formerly the Health and Safety Agency for Northern Ireland; see S.I. 1998/2795 (N.I. 18), Article 3(1)back

[4] S.R. 2006 No. 182back

[5] S.I. 1919/809back

[6] Current edition (2005): ISBN 92-1-139097-4 and corrigendum 1 (December 2004)back

[7] OJ No. L319, 12.12.94, p7; relevant amending Directives are Directive 2000/61/EC of the European Parliament and the Council of 10th October 2000 (OJ No. L79. 1.11.2000, p40), Commission Directives 2003/28/EC of 7th April 2003) (OJ No. L90, 8.4.2003, p45) and 2004/111/EC (OJ No. L365, 10.12.2004, p25)back

[8] ISBN 0-11-341275-4back

[9] ISBN 0-11-341304-1back

[10] OJ No. L235, 17.9.1996, p25; relevant amending Directives are Directive 2000/62/EC of the European Parliament and the Council of 10th October 2000 (OJ No. L270, 1.11. 2000, p44), Commission Directives 2003/26/ EC of 7th April 2003 (OJ No. L90, 8.4.2003, p47), 2004/89/EC (OJ No. L293, 16.9.2004 p14) and 2004/110/EC (OJ No. L365, 10.12.2004 p24)back



ISBN 0 337 96771 7


 © Crown copyright 2006

Prepared 11 January 2007


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