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The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule
Publication 2006-03-31
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

Quality system

3

3.1

The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice and the application must include:

  • all relevant information on the transportable pressure equipment concerned,
  • the documentation concerning the quality system,
  • the technical documentation of the approved type and a copy of the EC type-examination certificate or EC design-examination certificate.

3.2

The quality system must ensure compliance of the transportable pressure equipment with the type described in the EC type-examination certificate or EC design-examination certificate and with the relevant requirements of Part IV of these Regulations.

3.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

3.4

The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

Surveillance under the responsibility of the notified body

4

4.1

The purpose of the surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2

The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

  • the quality system documentation,
  • the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

4.3

The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that full reassessment is carried out every three years.

4.4

In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

  • the category of the equipment,
  • the results of previous surveillance visits,
  • the need to follow up corrective action,
  • where applicable, special conditions linked to the approval of the system,
  • significant changes in manufacturing organisations, policy or techniques.

5

The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

  • the documentation referred to in the second indent of paragraph 3.1,
  • the adjustments referred to in the second paragraph of 3.4,
  • the decisions and reports from the notified body which are referred to in the last paragraph of 3.3, in the last paragraph of 3.4, and in paragraphs 4.3 and 4.4.

6

Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Module D1—production quality assurance

1

This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the items of transportable pressure equipment concerned satisfy the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 5.

2

The manufacturer must draw up the technical documentation described below. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

  • a general description of the equipment in question,
  • conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,
  • descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,
  • a description of the solutions adopted to meet the relevant requirements of Part IV of these Regulations,
  • results of the design calculations made, examinations carried out, etc.,
  • test reports.

3

The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

Quality system

4

4.1

The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

4.2

The quality system must ensure compliance of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations.

4.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

4.4

The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

Surveillance under the responsibility of the notified body

5

5.1

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

5.2

The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

  • the quality system documentation,
  • the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

5.3

The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

5.4

In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

  • the category of the equipment,
  • the results of previous surveillance visits,
  • the need to follow up corrective action,
  • where applicable, special conditions linked to the approval of the system,
  • significant changes in manufacturing organisation, policy or techniques.

6

The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

  • the documentation referred to in paragraph 2,
  • the documentation referred to in the second indent of paragraph 4.1,
  • the adjustments referred to in the second sub-paragraph of paragraph 4.4,
  • the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 4.3, in the last sub-paragraph of paragraph 4.4 and in paragraphs 5.3 and 5.4.

7

Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Module E—product quality assurance

1

This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the item of transportable pressure equipment is in conformity with the type as described in the EC type-examination certificate and satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each product and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 4.

2

The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

Quality system

3

3.1

The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

3.2

Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of Part IV of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

3.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

3.4

The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

Surveillance under the responsibility of the notified body

4

4.1

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2

The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

  • the quality system documentation,
  • the technical documentation,
  • the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

4.3

The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

4.4

In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

  • the category of the equipment,
  • the results of previous surveillance visits,
  • the need to follow up corrective action,
  • where applicable, special conditions linked to the approval of the system,
  • significant changes in manufacturing organisation, policy or techniques.

5

The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

  • the documentation referred to in the second indent of the second sub-paragraph of paragraph 3.1,
  • the adjustments referred to in the second sub-paragraph of paragraph 3.4,
  • the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 3.3, in the last sub-paragraph of paragraph 3.4, and in paragraphs 4.3 and 4.4.

6

Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Module E1—production quality assurance

1

This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the transportable pressure equipment satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each item of transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 5.

2

The manufacturer must draw up the technical documentation described below.

3

The manufacturer must operate an approved quality system for the final transportable pressure equipment inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

Quality system

4

4.1

The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

4.2

Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of Part IV of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

4.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

4.4

The manufacturer must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

Surveillance under the responsibility of the notified body

5

5.1

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

5.2

The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

  • the quality system documentation,
  • the technical documentation,
  • the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

5.3

The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

5.4

In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

  • the category of the equipment,
  • the results of previous surveillance visits,
  • the need to follow up corrective action,
  • where applicable, special conditions linked to the approval of the system,
  • significant changes in manufacturing organisation, policy or techniques.

6

The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

  • the documentation referred to in paragraph 2,
  • the documentation referred to in the second indent of paragraph 4.1,
  • the adjustments referred to in the second sub-paragraph of paragraph 4.4,
  • the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 4.3, in the last sub-paragraph of paragraph 4.4, and in paragraphs 5.3 and 5.4.

7

Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Module F—product verification

1

This module describes the procedure whereby a manufacturer, or his authorised representative established within the Community, ensures and declares that the transportable pressure equipment subject to the provisions of paragraph 3 is in conformity with the type described:

  • in the EC type-examination certificate, or
  • in the EC design-examination certificate,

and satisfies the relevant requirements of Part IV of these Regulations.

2

The manufacturer must take all measures necessary to ensure that the manufacturing process requires the transportable pressure equipment to comply with the type described:

  • in the EC type-examination certificate, or
  • in the EC design-examination certificate,

and with the relevant requirements of Part IV of these Regulations.

3

The notified body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations by examining and testing every product in accordance with paragraph 4.

Verification by examination and testing of each item of transportable pressure equipment

4

4.1

Each item of transportable pressure equipment must be individually examined and must undergo appropriate examinations and tests in order to verify that it conforms to the type and the relevant requirements of Part IV of these Regulations.

4.2

The notified body must affix its identification number or have it affixed to each item of transportable pressure equipment and draw up a written certificate of conformity relating to the tests carried out.

4.3

The manufacturer, or his authorised representative established within the Community, must ensure that the certificates of conformity issued by the notified body can be made available on request.

Module G—EC unit verification

1

This module describes the procedure whereby the manufacturer ensures and declares that transportable pressure equipment which has been issued with the certificate referred to in paragraph 4.1 satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to the equipment and draw up a declaration of conformity.

2

The manufacturer must apply to a notified body of his choice for unit verification. The application must contain:

  • the name and address of the manufacturer and the location of the transportable pressure equipment,
  • a written declaration to the effect that a similar application has not been lodged with another notified body,
  • technical documentation.

3

The technical documentation must enable the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations to be assessed and the design, manufacture and operation of the transportable pressure equipment to be understood.

4

The notified body must examine the design and construction of each item of transportable pressure equipment and during manufacture perform appropriate tests to ensure its conformity with the relevant requirements of Part IV of these Regulations.

4.1

The notified body must affix its identification number or have it affixed to the transportable pressure equipment and draw up a certificate of conformity for the tests carried out. This certificate must be kept for a period of ten years.

4.2

The manufacturer, or his authorised representative established within the Community, must ensure that the declaration of conformity and certificate of conformity issued by the notified body can be made available on request.

Module H—full quality assurance

1

This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure equipment in question satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each item of transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for the surveillance referred to in paragraph 4.

2

The manufacturer must implement an approved quality system for design, manufacture, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

Quality system

3

3.1

The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

3.2

The quality system must ensure compliance of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations.

3.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

3.4

The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

Surveillance under the responsibility of the notified body

4

4.1

The purpose of this surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2

The manufacturer must allow the notified body access for inspection purposes to the locations of design, manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

  • the quality system documentation,
  • the quality records provided for in the design part of the quality system, such as results of analyses, calculations, tests, etc.,
  • the quality records provided for in the manufacturing part of the quality system, such as inspection reports and test data, calibration data, reports concerning the qualifications of the staff concerned, etc.

4.3

The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

4.4

In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

  • the category of the equipment,
  • the results of previous surveillance visits,
  • the need to follow up corrective action,
  • where applicable, special conditions linked to the approval of the system,
  • significant changes in manufacturing organisation, policy or techniques.

5

The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, keep at the disposal of the Northern Ireland competent authority:

  • the documentation referred to in the second sub-paragraph of paragraph 3.1,
  • the adjustments referred to in the second sub-paragraph of paragraph 3.4,
  • the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 3.3, in the last sub-paragraph of paragraph 3.4, and in paragraphs 4.3 and 4.4.

6

Each notified body must communicate to the other member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Module H1—full quality assurance with design examination and special surveillance of the final test

1

In addition to the requirements of module H, the following apply:

  • (a) the manufacturer must lodge an application for examination of the design with the notified body;
  • (b) the application must enable the design, manufacture and operation of the transportable pressure equipment to be understood, and enable conformity with the relevant requirements of Part IV of these Regulations to be assessed.
  • It must include: the technical design specifications, including standards, which have been applied, the necessary supporting evidence for their adequacy. This supporting evidence must include the results of tests carried out by the appropriate laboratory of the manufacturer or on his behalf;
  • (c) the notified body must examine the application and where the design meets the relevant requirements of Part IV of these Regulations issue an EC design-examination certificate to the applicant. The certificate must contain the conclusions of the examination, the conditions for its validity, the necessary data for identification of the approved design and, if relevant, a description of the functioning of the transportable pressure equipment;
  • (d) the applicant must inform the notified body that has issued the EC design-examination certificate of all modifications to the approved design. Modifications to the approved design must receive additional approval from the notified body that issued the EC design-examination certificate where they may affect conformity with the relevant requirements of Part IV of these Regulations or the prescribed conditions for use of the transportable pressure equipment. This additional approval must be given in the form of an addition to the original EC design-examination certificate;
  • (e) each notified body must also communicate to the other notified bodies the relevant information concerning the EC design-examination certificates it has withdrawn or refused.

2

Final assessment is subject to increased surveillance in the form of unexpected visits by the notified body. In the course of such visits, the notified body must conduct examinations on the transportable pressure equipment.

SCHEDULE 5 — MODULES TO BE FOLLOWED FOR CONFORMITY ASSESSMENT

Category of transportable pressure equipment Modules
Transportable pressure equipment must be subject, at the choice of the manufacturer, to one of the conformity assessment procedures laid down for the category in which it is classified. In the case of pressure receptacles or their valves or other accessories used for transport by road or by rail, the manufacturer may also choose to apply one of the set procedures for the higher categories. As part of the quality assurance procedures, the notified body must, when making unannounced visits, take a sample of the equipment at the manufacturing or storage premises for the purpose of carrying out a check, or having a check carried out, to verify compliance with the requirements of Part IV of these Regulations. For this purpose the manufacturer must inform the notified body of the production programme planned. The notified body must make at least two visits during the first year of manufacture. The frequency of subsequent visits will be determined by the notified body on the basis of the criteria set out in paragraph 4.4 of the relevant modules in Schedule 4. Transportable pressure equipment must be subject, at the choice of the manufacturer, to one of the conformity assessment procedures laid down for the category in which it is classified. In the case of pressure receptacles or their valves or other accessories used for transport by road or by rail, the manufacturer may also choose to apply one of the set procedures for the higher categories. As part of the quality assurance procedures, the notified body must, when making unannounced visits, take a sample of the equipment at the manufacturing or storage premises for the purpose of carrying out a check, or having a check carried out, to verify compliance with the requirements of Part IV of these Regulations. For this purpose the manufacturer must inform the notified body of the production programme planned. The notified body must make at least two visits during the first year of manufacture. The frequency of subsequent visits will be determined by the notified body on the basis of the criteria set out in paragraph 4.4 of the relevant modules in Schedule 4.
Pressure receptacles for which the product of the test pressure and the capacity is no more than 30 MPa × litre (300 bar × litre) A1, D1 or E1
Pressure receptacles for which the product of the test pressure and the capacity is more than 30 and no more than 150 MPa × litre (300 and 1,500 bar × litre respectively) H, B in combination with E, B in combination with C1, B1 in combination with F, or B1 in combination with D
Pressure receptacles and tanks for which the product of the test pressure and the capacity exceeds 150 MPa × litre (1,500 bar × litre) G, H1, B in combination with D, or B in combination with F

SCHEDULE 6 — CONFORMITY REASSESSMENT PROCEDURE

1

This procedure describes the method for ensuring that transportable pressure equipment placed on the market for reassessment of conformity complies with the relevant requirements of Part IV of these Regulations.

2

The owner must make available to a notified body information regarding transportable pressure equipment placed on the market which enables that body to identify the equipment’s precise origin and design rules and, for acetylene cylinders, also details of the porous mass. The owner must, where appropriate, notify any prescribed restrictions of use, and forward any notes on possible damage or repairs which have been carried out.

3

The notified body must check whether transportable pressure equipment which has been placed on the market conforms to the requirements referred to in regulation 40. The check must be carried out on the basis of documents produced in accordance with paragraph 2 and, where appropriate, of further inspections.

4

If the results of the above checks are satisfactory, the transportable pressure equipment must be subject to the periodic inspection provided for in Schedule 7.

5

For equipment manufactured in series, including their valves and other accessories used for transport by road or by rail, the relevant conformity reassessment operations relating to individual inspections of equipment, as indicated in paragraphs 3 and 4, may be carried out by an approved body provided that a notified body has previously carried out the relevant conformity reassessment operations indicated in paragraph 3.

SCHEDULE 7 — PERIODIC INSPECTION PROCEDURES

Module 1—periodic inspection of products

1

This module describes the procedure whereby the owner, or his authorised representative established within the Community, ensures that the transportable pressure equipment subject to paragraph 3 continues to meet the relevant requirements of Part IV of these Regulations.

2

To meet the requirements referred to in paragraph 1 the owner, or his authorised representative established in the Community, must take all measures necessary to ensure that the conditions of use and of maintenance ensure the continued conformity of the transportable pressure equipment to the relevant requirements of Part IV of these Regulations, in particular so that:

  • the transportable pressure equipment is used as intended,
  • it is filled in appropriate filling centres,
  • any maintenance work or repairs are carried out,
  • the periodic inspections necessary are carried out.

3

The notified body or approved body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations by examining and testing every product.

3.1

All transportable pressure equipment must be examined individually and appropriate tests as required pursuant to Part IV of these Regulations, must be carried out in order to check that it meets the relevant requirements of that Part.

3.2

The notified body or approved body must affix, or have affixed, its identification number to each product being periodically inspected immediately after the date of the periodic inspection and draw up a written periodic inspection certificate. That certificate may cover a number of items of equipment.

3.3

The owner or his authorised representative established in the Community must keep the periodic inspection certificate required under paragraph 3.2, and the documents required under paragraph 2 at least until the next periodic inspection.

Module 2—periodic inspection through quality assurance

1

This module describes the following procedures:

  • the procedure whereby the owner or his authorised representative established in the Community, who satisfies the obligations of paragraph 2, ensures and declares that the transportable pressure equipment continues to meet the relevant requirements of Part IV of these Regulations. The owner or his authorised representative established in the Community must affix the date of the periodic inspection to all transportable pressure equipment and draw up a written declaration of conformity. The date of the periodic inspection must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 4;
  • the procedure whereby, in the case of the periodic inspection of tanks performed by the approved body in accordance with regulation 43(1)(iii), the approved body which satisfies the obligations of the last sub-paragraph of paragraph 2, certifies that the transportable pressure equipment continues to meet the relevant requirements of Part IV of these Regulations. The approved body must affix the date of the periodic inspection to all transportable pressure equipment and draw up a periodic inspection certificate.

2

The owner or his authorised representative established within the Community must take all steps necessary to ensure that the conditions of use and of maintenance are such as to enable the transportable pressure equipment to comply permanently with the relevant requirements of Part IV of these Regulations and in particular that:

  • the transportable pressure equipment is used as intended,
  • it is filled in appropriate filling centres,
  • any maintenance work or repairs are carried out,
  • the periodic inspections necessary are carried out.

Quality system

3

3.1

The owner or his authorised representative established in the Community or the approved body must lodge an application for assessment of his quality system for the transportable pressure equipment with a notified body of his choice.

3.2

Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements referred to in Part IV of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

3.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

3.4

The owner or his authorised representative established in the Community or the approved body must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

Surveillance under the responsibility of the notified body

4

4.1

The purpose of surveillance is to make sure that the owner or his authorised representative established in the Community or the approved body duly fulfils the obligations arising out of the approved quality system.

4.2

The owner or his authorised representative established in the Community or the approved body must allow the notified body access for inspection purposes to the locations of inspection, testing and storage and provide it with all necessary information, in particular:

  • the quality system documentation,
  • the technical documentation,
  • the quality records, such as inspection reports and test data, reports concerning the qualifications of the personnel concerned etc.

4.3

The notified body must carry out periodic audits to make sure that the owner or his authorised representative established in the Community or the approved body maintains and applies the quality system and provides the owner or his authorised representative established in the Community or the approved body with an audit report.

4.4

In addition, the notified body may pay unannounced visits to the owner or his authorised representative established in the Community or the approved body. During such visits, the notified body may if necessary perform tests or have tests performed to verify if necessary that the quality system is functioning correctly. The notified body must provide the owner or his authorised representative established in the Community or the approved body with a visit report and, if a test has taken place, with a test report.

5

The owner or his authorised representative established in the Community or the approved body must, for a period of ten years from the date of the last periodic inspection of the transportable pressure equipment, hold at the disposal of the Northern Ireland competent authority:

  • the documentation referred to in the second indent of the second sub-paragraph of paragraph 3.1,
  • the adjustments referred to in the second sub-paragraph of paragraph 3.4,
  • the decisions and reports from the notified body which are referred to in the last paragraph of 3.3, in the last paragraph of 3.4 and in paragraphs 4.3 and 4.4.

SCHEDULE 8 — CONFORMITY MARKING

The conformity mark shall take the following form—

If the mark is reduced or enlarged, the proportions of the above drawing must be respected.

The various components of the mark must have substantially the same vertical dimensions, which may not be less than 5mm.

This minimum dimension may be waived for small devices.

SCHEDULE 9 — PLACARDS, MARKS AND PLATE MARKINGS FOR CARRIAGE WITHIN NORTHERN IRELAND

PART I — CARRIAGE OF GOODS BY ROAD

1

Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 20(3) and sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR, then the HIN shall be replaced by the appropriate emergency action code (“EAC”) for the substance in question.

2

Subject to paragraphs 3 and 6, where a transport unit or tank-vehicle is carrying one dangerous good in a tank or a transport unit or in a container in bulk—

  • (a) the orange-coloured plates referred to in paragraph 1 shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the good, transport unit, tank-vehicle or container in question; and
  • (b) an identical orange-coloured plate shall be affixed to the rear of the transport unit, in place of the orange-coloured plate to be affixed to the rear of the transport unit pursuant to sub-section 5.3.2.1.1 of ADR.

3

Subject to paragraphs 4 and 6, where more than one dangerous good is being carried in a tank or in bulk in a transport unit or a tank-vehicle with more than one tank or container—

  • (a) the orange-coloured plates referred to in paragraph 1 shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the goods, transport unit, tank-vehicle or container in question except that—
  • (i) only one on each side of the transport unit, tank, tank compartment or container in question, parallel to the longitudinal axis, shall bear the EAC; and
  • (ii) the remaining plates shall bear only the UN number and shall be 150mm in height; and
  • (b) an orange-coloured plate shall be affixed to the rear of the transport unit or tank-vehicle in question which shall be identical to the plates referred to in sub-paragraph (a), except that it shall display the EAC only in the top half of the plate.

4

Subject to paragraph 6, where more than one dangerous good is being carried in a transport unit or a tank-vehicle with more than one tank and those goods are—

  • (a) UN 1202 DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT;
  • (b) UN 1203 PETROL or MOTOR SPIRIT or GASOLINE; or
  • (c) UN 1223 KEROSENE,

then the requirements of paragraph 2 must be met except that the orange-coloured plates only have to bear the EAC and UN number for the most hazardous of the dangerous goods being carried.

5

  • (1) Subject to sub-paragraph (2), where dangerous goods are being carried in tanks a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage shall be displayed—
  • (a) at the rear of the transport unit; and
  • (b) on both sides of—
  • (i) any tank;
  • (ii) the frame of any tank; or
  • (iii) the transport unit; and
  • (c) in the immediate vicinity of the orange-coloured plate displaying the EACs,

and shall be in black digits of not less than 30mm in height against an orange-coloured background.

  • (2) The telephone number may be substituted by the phrase “consult local depot” or “contact local depot” provided that—
  • (a) the name of the carrier is clearly identifiable from the marking on any tank or the transport unit;
  • (b) the chief fire officer (within the meaning of Article 9(2) of the Fire Services (Northern Ireland) Order 1984[^f00058]) has been notified in writing of the address and telephone number of the relevant local depot; and
  • (c) the said chief fire officer has indicated in writing that he is satisfied with the arrangements.

6

  • (1) The information required to be displayed on placards and orange-coloured plates pursuant to section 5.3.1 of ADR and paragraphs 1 to 4 and the information required to be displayed pursuant to paragraph 5 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).
  • (2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that—
  • (a) it shall be displayed in accordance with paragraphs 1 to 4 as if they were orange-coloured plates;
  • (b) it shall be orange-coloured except the part incorporating the placard which shall be white;
  • (c) the part incorporating the placard shall be not less than 200mm by 200mm, with a line of the same colour as the relevant symbol not more than 12·5mm inside the edge and running parallel to it;
  • (d) if more than one placard is to be incorporated in the panel then those placards shall be adjacent in the same horizontal plane;
  • (e) it shall conform to the figure below; and
  • (f) it shall be clearly visible.
  • [image omitted]

PART II — CARRIAGE OF GOODS BY RAIL

7

Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 20(3) and section 5.3.2 of RID, then the HIN shall be replaced by the appropriate EAC for the substance in question.

8

Where dangerous goods are being carried in tanks, a telephone number where specialist advice concerning the dangerous goods in question may be obtained in English at any time during carriage shall be displayed—

  • (a) in the immediate vicinity of each orange-coloured plate; and
  • (b) against an orange-coloured background in black digits of not less than 30mm in height.

9

  • (1) The information required to be displayed on placards and orange-coloured plates in accordance with section 5.3.1 of RID and paragraph 7 and the telephone number required to be displayed pursuant to paragraph 8 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).
  • (2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that it shall—
  • (a) be displayed in accordance with paragraph 8 as if it were an orange-coloured plate; and
  • (b) comply with the requirements of paragraphs 6(2)(c) to (f).

SCHEDULE 10 — REASONS FOR EXAMINATION NOT TAKING PLACE OR NOT BEING COMPLETED

1

The applicant for the ADR certificate does not, after being requested to do so, produce the notice of appointment (if any) relating to the inspection and—

  • (a) in the case of a motor vehicle either the registration document relating to the vehicle or other evidence of the date of its first registration or, in the case of a motor vehicle not registered before the date of the inspection, evidence of the date of its manufacture; and
  • (b) in the case of a trailer, evidence of the date of its manufacture.

2

The particulars relating to the vehicle and shown in any application relevant to the inspection are found to be substantially incorrect.

3

The vehicle is one as respects which it has been stated in the application that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the inspection it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer.

4

The vehicle is a trailer, and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped.

5

There is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous or easily accessible position so as to be readily legible either—

  • (a) the chassis or serial number shown in the registration document relating to the vehicle; or
  • (b) if no such number is shown or exists, the identification mark allotted to the vehicle by the Northern Ireland competent authority.

6

The vehicle or any motor vehicle by which it is accompanied, or any part of any equipment of the vehicle or any such accompanying vehicle is so dirty or dangerous as to make it unreasonable for the inspection to be carried out or the applicant for the ADR certificate does not produce any certificate required in the last notice of appointment preceding the inspection, that a vehicle used for carrying toxic, corrosive or inflammable loads had been properly cleaned or otherwise made safe.

7

An inspector is not able to complete the inspection without the vehicle or, in the case of a trailer, the motor vehicle by which it is accompanied being driven and such vehicle or trailer or, as the case may be, the accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination.

8

In the case of a trailer, an inspector is not able to complete the inspection unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be driven without committing an offence under section 29 of the Vehicle Excise and Registration Act 1994[^f00059] because no licence under that Act is in force for such vehicle.

9

The vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (if any) specified for the purpose of the inspection either in the last notice of appointment preceding the inspection or by the Northern Ireland competent authority.

10

An inspector is not able to complete the inspection due to the failure of a part of the vehicle or, in the case of a trailer, any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle, or as the case may be, the accompanying vehicle.

SCHEDULE 11 — AMENDMENTS TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS (NORTHERN IRELAND) 2002

1

The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002[^f00060] shall be amended in accordance with paragraph 2.

2

  • (1) In regulation 2(1), the definition of “the CDGCPL Regulations” shall be omitted.
  • (2) In regulation 7(3)(a), for the words “the CDGCPL Regulations” there shall be substituted “the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006”.
  • (3) In regulation 8(1), for the words “Subject to regulations 9 and 10 of the CDGCPL Regulations (which allow combined carriage and supply labelling in certain circumstances) and paragraphs (8) to (12)” substitute “ Subject to regulation 8A and paragraphs (8) to (12)”.
  • (4) After regulation 8 (labelling of dangerous substances and dangerous preparations) there shall be inserted the following regulation—

(8A) (1) Where except for this regulation a package would be required to show the particulars required by regulation 8 and to be labelled and marked in accordance with any of the national or international transport rules, it shall be sufficient compliance with regulation 8 if the package shows the particulars specified in paragraphs (2) or (3) of this regulation. (2) Where the package consists of only a single receptacle, the specified particulars are— (a) the particulars required by— (i) paragraph (2)(a), (b), (c)(ii), (iii) and (iv) in the case of substances; and (ii) paragraph (3)(a), (b), (c)(i), (iii), (iv) and (v) in the case of preparations, of regulation 8 in accordance with regulation 10; (b) the labels and markings required by whichever of the national or international transport rules is appropriate; and (c) where a substance or preparation has been classified as dangerous for the environment, the appropriate indication of danger and the danger symbol from Schedule 2 in accordance with regulation 10. (3) Where the package consists of one or more receptacles in outer packagings, the particulars specified are the labels and markings required by whichever of the national or international transport rules is appropriate. (4) For the purpose of this regulation— (a) the national transport rules are— (i) the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997[^f00061]; (ii) the Air Navigation (Dangerous Goods) Regulations 2002[^f00062]; and (iii) the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00063]; and (b) the international transport rules are— (i) the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or reissued from time to time (“ADR”)[^f00064]; (ii) the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway, as revised or re-issued from time to time (“ADN”)[^f00065]; (iii) the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as revised or re-issued from time to time (“ICAO”)[^f00066]; (iv) the International Maritime Dangerous Goods Code, as revised or re-issued from time to time (“IMDG”)[^f00067]; and (v) the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to COTIF (“RID”)[^f00068].

  • (5) In regulation 9(2), for the words “regulations 9 and 10 of the CDGCPL Regulations (which allow combined carriage and supply labelling in certain circumstances)” substitute “regulation 8A”.
  • (6) Regulation 18(2) shall be omitted.

SCHEDULE 12 — AMENDMENTS TO THE HEALTH AND SAFETY (FEES) REGULATIONS (NORTHERN IRELAND) 2005

1

The Health and Safety (Fees) Regulations (Northern Ireland) 2005[^f00069] shall be amended in accordance with paragraphs 2 to 5.

2

For regulations 11 to 13 there shall be substituted the following regulation—

(11) (1) A driver may only be issued with a driver training certificate in accordance with regulation 32 of the Carriage Regulations where a fee of the sum specified in Schedule 8 has been paid to the Northern Ireland competent authority. (2) The validity of a driver training certificate may only be extended in accordance with regulation 33(6)(c) of the Carriage Regulations where, within the period of twelve months which precede the expiry of the original certificate or of an extension of it granted in accordance with that regulation, a fee of the sum specified in Schedule 8 has been paid to the Northern Ireland competent authority. (3) A fee shall be payable by the applicant to the Northern Ireland competent authority on each application for an original approval or a renewal of any approval of initial or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 24(1) of the Carriage Regulations. (4) The fee payable under paragraph (3) on application for such approval as is mentioned in column 1 of Schedule 9 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule. (5) An individual may only be issued with a safety adviser vocational training certificate in accordance with regulation 32 of the Carriage Regulations where a fee as specified in Schedule 10 has been paid to the Northern Ireland competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates. (6) The validity of a safety adviser vocational training certificate may only be extended in accordance with regulation 32(5)(c) of the Carriage Regulations where, within the period of twelve months which precede the expiry of the original certificate or an extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 10 has been paid to the Northern Ireland competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates. (7) Nothing in paragraphs (1), (2), (5) and (6) shall be construed as making a fee payable by a person in any of the capacities specified in Article 40(4) of the 1978 Order. (8) In this regulation “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00070] and “Northern Ireland competent authority” has the same meaning as in those Regulations.

3

For Schedule 8 there shall be substituted the following schedule—

SCHEDULE 8

(1) (2)
Description Fee
Issue or extension of driver training certificate £3

4

For Schedule 9 there shall be substituted the following schedule—

SCHEDULE 9

(1) (2) (3)
Purpose of application Fee for an original approval Fee for renewal of approval
a for approval of initial training the reasonable cost to the Northern Ireland competent authority of having the work carried out the reasonable cost to the Northern Ireland competent authority of having the work carried out
b for approval of refresher training the reasonable cost to the Northern Ireland competent authority of having the work carried out the reasonable cost to the Northern Ireland competent authority of having the work carried out

5

For Schedule 10 there shall be substituted the following schedule—

SCHEDULE 10

(1) (2)
Description Fee
Issue or extension of safety adviser vocational training certificate the reasonable cost to the Northern Ireland competent authority, or the person designated by it for the purpose of issuing safety adviser vocational training certificates, of having the work carried out

SCHEDULE 13 — CONSEQUENTIAL AMENDMENTS

Amendments to the Petroleum (Consolidation) Act (Northern Ireland) 1929

1

  • (1) Section 18(4) (warrants to search for and seize petroleum-spirit) of the Petroleum (Consolidation) Act (Northern Ireland) 1929[^f00071] shall be amended in accordance with paragraphs (2) and (3).
  • (2) In paragraph (a), for “2002” there shall be substituted “2003”.
  • (3) For paragraph (b) there shall be substituted the following paragraph—

(b) carriage by road to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00072] apply.

Amendments to the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991

2

  • (1) The Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991[^f00073] shall be amended in accordance with sub-paragraphs (2) to (7).
  • (2) In regulation 2(1) (interpretation)—
  • (a) before the definition of “approved list” there shall be inserted the following definition—
  • “ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time[^f00074]
  • (b) for the definition of “approved list” there shall be substituted the following definition—
  • “approved list” means the list of goods in Table A of Chapter 3.2 of ADR;
  • (c) after the definition of “berth” there shall be inserted the following definition—
  • “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00075];
  • (d) in the definition of “classification” for “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”;
  • (e) for the definition of “Compatibility Group” and “Compatibility Group Number” there shall be substituted the following definitions—
  • “Compatibility Group” and “Compatibility Group Number” have the same meaning as in the IMDG Code;
  • (f) for the definition of “Division” and “Division Number” there shall be substituted the following definitions—
  • “Division” and “Division Number” have the same meaning as in the IMDG Code;

; and

  • (g) in the definition of “portable tank”, for paragraph (b) there shall be substituted the following paragraph—

(b) a tank as defined in the Carriage Regulations;

  • (3) In regulation 3(2)(b) (meaning of “dangerous substance”) for “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”.
  • (4) For regulation 24 there shall be substituted the following regulation—

(24) Where a dangerous substance is brought into a harbour or a harbour area from inland in— (a) a tank, the operator of the tank shall ensure that it is correctly filled and complies with the requirements of the Carriage Regulations; or (b) a receptacle, the consignor of that substance shall ensure that— (i) the receptacle is designed, constructed, maintained and closed so as to prevent any of the contents escaping when subjected to the stresses and strains of normal handling or transport except that this shall not prevent the fitting of a suitable safety device; (ii) the receptacle and any fastenings are, in so far as they are likely to come into contact with the substance, made of materials which are neither liable to be adversely affected by the substance nor liable in conjunction with the substance to form any other substance which is itself a risk to health or safety; (iii) the receptacle is correctly filled; and (iv) in the case of a receptacle containing a compressed gas, the receptacle has been appropriately tested.

  • (5) In regulation 25 (labelling)—
  • (a) in paragraph 1(b)(ii) for “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”; and
  • (b) in paragraph (2), for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

(a) the Carriage Regulations;

  • and sub-paragraphs (c) to (h) shall be re-numbered (b) to (g) respectively.
  • (6) In Part I of Schedule 1—
  • (a) in Note 2 for “conditions in Part III of Schedule 1 to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles (Northern Ireland) 1997” there shall be substituted “classification criteria in sub-section 2.2.3.1.5 of ADR”; and
  • (b) in Note 3 for “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “test specified in section 2.3.3 of ADR”.
  • (7) In sub-paragraph (c) of Schedule 3 for “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “test specified in section 2.3.3 of ADR”.

Amendment to the Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992

3

  • (1) The Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992[^f00076] shall be amended in accordance with sub-paragraphs (2) and (3).
  • (2) In regulation 2 (interpretation)—
  • (a) in paragraph (1)—
  • (i) for the definition of “the 1997 Regulations” there shall be substituted the following definition—
  • “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00077];
  • (ii) in the definition of “classification”, for “regulation 5 of the 1997 Regulations” there shall be substituted “regulation 15 of the Carriage Regulations”; and
  • (iii) in the definition of “dangerous substance” for “the 1997 Regulations” there shall be substituted “the Carriage Regulations”; and
  • (b) after paragraph (1) there shall be added the following paragraph—

(1A) In the definitions of “classification” and “dangerous substance” the references to the Carriage Regulations shall apply as if the substances in question were being carried by road.

  • (3) In Schedule 1 (exceptions)—
  • (a) for paragraph 1(c) substitute—

(c) substances which on classification as defined in regulation 2(1) of the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991[^f00078] are classified as class 1 goods within the meaning of— (i) the Carriage Regulations; (ii) the International Maritime Dangerous Goods Code as revised or reissued from time to time[^f00079]; or (iii) the Technical Instructions for the Safe Transport of Dangerous Goods by Air as revised or reissued from time to time[^f00080];

; and

  • (b) in paragraph 1(d) for “the 1997 Regulations” substitute “the Carriage Regulations”.

Amendment to the Notification of New Substances Regulations (Northern Ireland) 1994

4

In paragraph 7.3(g) of Part A of Schedule 2 (information required in the technical dossiers) to the Notification of New Substances Regulations (Northern Ireland) 1994[^f00081] for “Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997” there shall be substituted “Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00082] to the extent that it relates to carriage by road”.

Amendment to the Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996

5

In regulation 2(1) (interpretation) of the Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996[^f00083] for the definition of “dangerous goods” there shall be substituted the following definition—

  • “dangerous goods” has the meaning in regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00084] which shall apply as if those goods were being carried by road;

Amendments to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997

6

  • (1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997[^f00085] shall be amended in accordance with sub-paragraphs (2) and (3).
  • (2) In regulation 2(1) (interpretation)—
  • (a) the definition of “the 1997 Regulations” shall be omitted;
  • (b) in the definition of “ADR”, for “the 1997 Regulations” there shall be substituted “the Carriage Regulations”;
  • (c) in the definition of “carriage”, for “the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”;
  • (d) after the definition of “carriage” there shall be inserted the following definition—
  • “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00086];
  • (e) in the definition of “dangerous goods”, for “the 1997 Regulations” there shall be substituted “the Carriage Regulations”; and
  • (f) the definitions of “road tanker” and “tank container” shall be omitted.
  • (3) In Schedule 2 (dangerous occurrences)—
  • (a) in paragraph 6(2) of Part I (general), for “being transported, be assigned to Class 1 within the meaning of the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991” there shall be substituted “being carried by road or rail, be classified as Class 1 goods within the meaning of the Carriage Regulations”; and
  • (b) in paragraph 48K(2) of Part IV (dangerous occurrences which are reportable in relation to railways), for “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “the Carriage Regulations”.

Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001

7

  • (1) The Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00087] shall be amended in accordance with sub-paragraphs (2) and (3).
  • (2) In regulation 2(1) (interpretation) for the definition of “the 2003 Regulations” there shall be substituted the following definition—
  • “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00088];
  • (3) In regulation 3 (application)—
  • (a) for sub-paragraph (c) of paragraph (4) there shall be substituted the following sub-paragraph—

(c) any radioactive substance conforming to the specifications for special form radioactive material set out in regulation 2(1) of the Carriage Regulations— (i) which is certified pursuant to regulations 20(2), 21(4)(a) and 28(1) of the Carriage Regulations as complying with them; or (ii) where the transport in question forms part of an international transport operation as is referred to in regulation 4(1) of the Carriage Regulations;

  • (b) for sub-paragraph (d) of paragraph (4) there shall be substituted the following sub-paragraph—

(d) any radioactive substance contained in a package which complies in every respect as to its design with the requirements for— (i) a Type B(U) package, a Type B(M) package or a Type C package as set out in paragraphs 6.4.8, 6.4.9 or 6.4.10 of RID respectively; or (ii) a consignment carried under special arrangement within the meaning of the Carriage Regulations which provides an equivalent level of safety as a Type B(U) package, Type B(M) package or a Type C package complying with the requirements referred to in sub-paragraph (i), and which, in each case, has been approved pursuant to regulations 20(2), 21(4)(a) and 28 of the Carriage Regulations as complying with such requirements or where the transport in question forms part of an international transport operation as referred to in regulation 4(1) of the Carriage Regulations;

  • (c) for sub-paragraph (e) of paragraph (4) there shall be substituted the following sub-paragraph—

(e) the transport of any radioactive substance in the form of a low specific activity material conforming to the specifications for LSA-I, LSA-II or LSA-III set out in sub-section 2.2.7.3 of RID including cases where the transport forms part of an international transport operation as is referred to in regulation 4(1) of the Carriage Regulations;

  • (d) for sub-paragraph (f) of paragraph (4) there shall be substituted the following sub-paragraph—

(f) the transport of any radioactive substance in the form of a surface contaminated object conforming to the specifications for SCO-I or SCO-II set out in sub-section 2.2.7.5 of RID including cases where the transport forms part of an international transport operation as is referred to in regulation 4(1) of the Carriage Regulations; and

; and

  • (e) after paragraph (4) there shall be added the following paragraph—

(5) In paragraph (4)(d) to (f) “RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail as revised or reissued from time to time.

Amendments to the Control of Asbestos at Work Regulations (Northern Ireland) 2003

8

  • (1) The Control of Asbestos at Work Regulations (Northern Ireland) 2003[^f00089] shall be amended in accordance with paragraphs (2) and (3).

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