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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Road Traffic and Vehicles and Waterways (Amendment) Regulations (Northern Ireland) 2019 URL: http://www.bailii.org/nie/legis/num_reg/2019/nisr_20196_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Rules of Northern Ireland
Road Traffic And Vehicles
Canals And Inland Waterways
Made
21st January 2019
Coming into operation
18th February 2019
The Department for Infrastructure(1) is designated for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to-
(a)compulsory insurance(3);
(b)measures relating to the carriage of passengers and goods by road(4);
(c)the regulation and supervision of qualifications of persons engaged in road transport(5);
(d)the regulation of the type, description, construction or equipment of vehicles, the regulation and supervision of the working conditions of persons engaged in road transport, and the testing of roadworthiness of motor vehicles and their trailers(6);
(e)measures relating to the organisation of working time(7);
(f)transport of dangerous goods(8);
(g)the environment(9).
The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
1.-(1) These Regulations may be cited as the Road Traffic and Vehicles and Waterways (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 18th February 2019.
(2) The Interpretation Act (Northern Ireland) 1954(10) shall apply to these Regulations as it applies to an Act of the Assembly.
2.-(1) The European Communities (Motor Vehicles: Compulsory Insurance) (Northern Ireland) Regulations 1973(11) are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2(1) for the definition of "the Ministry" substitute ""the Department" means the Department for Infrastructure;".
(3) In regulation 6(1) for "the Ministry" substitute "the Department".
(4) In regulation 7(4) for "the Ministry, the Ministry" substitute "the Department, the Department".
3. In regulation 2(1) of the Carriage of Goods (Prohibition of Discrimination) Regulations (Northern Ireland) 1976(12) in the definition of "the Department" for "Department of the Environment" substitute "Department for Infrastructure".
4. For regulation 2 (interpretation) of the Road Transport (Qualifications of Operators) (Amendment) Regulations (Northern Ireland) 1981(13) substitute-
"2. 2. In these Regulations-
"the Act of 1967" means the Transport Act (Northern Ireland) 1967(14);
"the Department" means the Department for Infrastructure." .
5. In regulation 3(1) (interpretation) of the Public Service Vehicles Regulations (Northern Ireland) 1985(15) after the definition of "the Construction and Use Regulations" insert-
""the Department" means the Department for Infrastructure;".
6. In regulation 3(1) (interpretation) of the European Communities (International Passenger Services) Regulations (Northern Ireland) 1987(16) in the definition of "Department" for "Department of the Environment" substitute "Department for Infrastructure".
7. In regulation 2(1) (interpretation) of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996(17) in the definition of "Department" for "Department of the Environment for Northern Ireland" substitute "Department for Infrastructure".
8.-(1) The Road Vehicles (Testing) (Disclosure of Information) Regulations (Northern Ireland) 2003(18) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 1 (citation, commencement and interpretation) after paragraph (2) insert-
"(3) In these Regulations "the Department" means the Department for Infrastructure.".
(3) In regulation 2 (disclosure of testing information to member State competent authorities) for "Department of the Environment" substitute "Department".
9. In regulation 2(2) (interpretation) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005(19) after the definition of "the Community Drivers' Hours Regulation" insert-
""the Department" means the Department for Infrastructure;".
10. In regulation 2(1) (interpretation) of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2006(20) in the definition of "the Department" for "Department of Culture, Arts and Leisure" substitute "Department for Infrastructure".
11. In regulation 2(1) (interpretation) of the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations (Northern Ireland) 2007(21) in the definition of "the Department" for "Department of the Environment" substitute "Department for Infrastructure".
12. In regulation 2(1) (interpretation) of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009(22) after the definition of "the Community Recording Equipment Regulation" insert-
""the Department" means the Department for Infrastructure;".
13.-(1) The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010(23) are amended in accordance with paragraphs (2) to (4).
(2) In Regulation 9(1) (authorisations)-
(a)in column 1 of the table, for "Department of the Environment for Northern Ireland" substitute "Department for Infrastructure";
(b)in column 2 of the table, for "Department of the Environment" substitute "Department for Infrastructure".
(3) In regulation 21(2) (competent authority) for "Department of the Environment" substitute "Department for Infrastructure".
(4) In regulation 28 (enforcement) for "Department of the Environment", in each place that it occurs, substitute "Department for Infrastructure".
14. In regulation 2 (interpretation) of the Community Drivers' Hours Regulations (Northern Ireland) 2012(24) after paragraph (1) insert-
"(1A) The Department for Infrastructure is the competent authority for the purpose of these Regulations.".
15. In regulation 1(3) (citation, commencement and interpretation) of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012(25) after the definition of "the 2010 Act" insert-
""the Department" means the Department for Infrastructure;".
16. In regulation 2(1) (interpretation) of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013(26) in the definition of "Department" for "Department of the Environment" substitute "Department for Infrastructure".
17. In regulation 2(1) (interpretation) of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013(27) in the definition of "Department" for "Department of the Environment" substitute "Department for Infrastructure".
18. In regulation 1(2) (citation, commencement and interpretation) of the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014(28) in the definition of "the Department" for "Department of the Environment" substitute "Department for Infrastructure".
19. In regulation 1(3) (citation, commencement and interpretation) of the Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014(29) in the definition of "the Department" for "Department of the Environment" substitute "Department for Infrastructure".
Sealed with the Official Seal of the Department for Infrastructure on 21st January 2019
Elizabeth Loughran
A senior officer of the
Department for Infrastructure
(This note is not part of the Regulations)
Article 8(1) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 ("the 2016 Order"), transferred departmental functions between Departments, including from the Department of the Environment (DoE) to the Department for Infrastructure (DfI), the Department for Communities and the Department of Agriculture, Environment and Rural Affairs. DoE was subsequently dissolved by the Departments Act (Northern Ireland) 2016.
However the 2016 Order did not specifically address subordinate legislation made under section 2(2) of the European Communities Act 1972. Accordingly, and for transparency, these Regulations are intended to clarify that statutory responsibility for the Statutory Rules hereby amended rests with DfI.
An Explanatory Memorandum has been produced and is available online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr
Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, The Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved.
1972 c.68; section 2(2) is amended by section 27(1)(a) of the Legislative Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7)
S.R. 1985 No. 123 relevant amending Regulations are S.R. 1995 No. 446 and S.R. 2000 No. 149
S.R. 2005 No. 241 relevant amending Regulation is S.R. 2012 No. 169
S.R. 2007 No. 36 relevant amending Regulations are S.R. 2011 No. 235 and S.R. 2016 No. 343
