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

• (2) In regulation 23(3) (storage, distribution and labelling of raw asbestos and asbestos waste)—

• (a) in sub-paragraph (a) for “Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00090]”;

• (b) sub-paragraph (b) shall be omitted; and

• (c) sub-paragraph (c) shall be renumbered (b).

• (3) In paragraph 1(1)(a) of Schedule 2 (the labelling of raw asbestos, asbestos waste and products containing asbestos) for “Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997” there shall be substituted “Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006”.

Amendment to the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

9

For the list in Schedule 7 (legislation concerned with the labelling of containers and pipes) to the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003[^f00091] there shall be substituted—

Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344); Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 119); The Good Laboratory Practice Regulations 1999 (S.I. 1999/3106); Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301); and The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173).

Amendment to the Control of Lead at Work Regulations (Northern Ireland) 2003

10

For the list in Schedule 2 (legislation concerned with the labelling of containers and pipes) to the Control of Lead at Work Regulations (Northern Ireland) 2003[^f00092] there shall be substituted—

Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344); Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 119); The Good Laboratory Practice Regulations 1999 (S.I. 1999/3106); Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301); and Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173).

Amendment to the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003

11

• (1) For the list in Schedule 5 (legislation concerned with the marking of containers and pipes) to the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003[^f00093] there shall be substituted—

Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344); The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 (S.R. 1991 No. 516); Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 119); The Good Laboratory Practice Regulations 1999 (S.I. 1999/3106); Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301); and The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173).

• (2) In Schedule 7, paragraphs 2(4), 2(6), 3(4), 5(2) and 7, for “2002” there shall be substituted “2003”.

• (3) In Schedule 8—

• (i) in column 1—

• (aa) for “Petroleum (Compressed Gases) Order (Northern Ireland) 1936 (S.R. & O. (N.I.) 1936 No. 789)” there shall be substituted “Petroleum (Compressed Gases) Order (Northern Ireland) 1936”; and

• (bb) for “Petroleum (Carbide of Calcium) Order (Northern Ireland) 1949 (S.R. & O. (N.I.) 1949 No. 79)” there shall be substituted “Petroleum (Carbide of Calcium) Order (Northern Ireland) 1949”; and

• (ii) in column 2, for “S.R. & O. (N.I.) 1936 No. 789” there shall be substituted “S.R. & O. (N.I.) 1936 No. 78”.

Amendments to the Pressure Systems Safety Regulations (Northern Ireland) 2004

12

• (1) The Pressure Systems Safety Regulations (Northern Ireland) 2004[^f00094] shall be amended in accordance with sub-paragraphs (2) to (4).

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

• (a) for the definition of “the CDGCPL(NI) 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[^f00095];

• (b) after the definition of “mobile system” there shall be inserted the following definition—

• “old pressure receptacle” has the meaning in regulation 2(1) of the Carriage Regulations which shall apply as if the receptacle were being carried by road;

• (c) after the definition of “pipework” there shall be inserted the following definition—

• “pressure receptacle” has the meaning in regulation 2(1) of the Carriage Regulations, except that it includes any permanent fitting to a pressure receptacle, and regulation 2(1) shall apply as if the receptacle were being carried by road;

• (d) in the definition of “pressure system”—

• (i) in sub-paragraph (b) for “transportable pressure receptacle” there shall be substituted “pressure receptacle, an old pressure receptacle or transportable pressure equipment”; and

• (ii) for “transportable pressure receptacle or a transportable pressure vessel” there shall be substituted “pressure receptacle, an old pressure receptacle or transportable pressure equipment”;

• (e) the definition of “transportable pressure receptacle” shall be omitted; and

• (f) for the definition of “transportable pressure vessel” there shall be substituted the following definition—

• “transportable pressure equipment” has the same meaning as in regulation 2(1) of the Carriage Regulations except that it shall exclude a tank within the meaning of those Regulations;

• (3) In Part I of Schedule 1 (pressure systems excepted from all regulations)—

• (a) for paragraph 9 there shall be substituted the following paragraph—

(9) A tank or an old tank within the meaning of the Carriage Regulations.

; and

• (b) for paragraph 13 there shall be substituted the following paragraph—

(13) Any pressure system being carried in a vehicle if the vehicle is— (a) engaged in an international transport operation within the meaning of Article 1(c) of ADR; and (b) under the control of or owned by the armed forces within the meaning of the Carriage Regulations where the armed forces are those of a country which is a contracting party to ADR.

• (4) In paragraph 3(a) of Part II of Schedule 1 (pressure systems excepted from certain regulations)—

• (a) after “dangerous goods” there shall be inserted “by road”;

• (b) for “Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997” there shall be substituted “Carriage Regulations”; and

• (c) for “paragraph 1 of Schedule 2” there shall be substituted “regulation 4(1) of the Carriage Regulations”.

SCHEDULE 14 — REVOCATIONS

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 31st March 2006.

M. Bohill — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations)

1 These Regulations impose requirements and prohibitions in relation to the carriage of goods other than explosives by road or by rail and the use of transportable pressure equipment. They implement, as regards Northern Ireland and as regards the carriage of dangerous goods other than explosives, three Directives and also make other provisions.

2 They implement firstly Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of Member States with regard to the transport of dangerous goods by road (as amended by Directive 2000/61/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p. 40) and Commission Directive 2003/28/EC (O.J. No. L90, 8.4.2003, p. 45)). This Directive applies the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (2003 Edition).

3 Secondly these Regulations implement Council Directive 96/49/EC (O.J. No. L235, 17.9.96, p. 25) on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p. 44) and Commission Directive 2003/29/EC (O.J. No. L90, 8.4.2003, p. 47)). This Directive 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 (“COTIF”) (2003 Edition).

4 Thirdly these Regulations implement Council Directive 1999/36/EC concerning transportable pressure equipment (“the Transportable Pressure Equipment Directive”).

5 These Regulations revoke— a the Gas Cylinders (Pattern Approval) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 15); b the Pressure Vessels (Verification) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 79); c the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 (S.R. 1997 No. 247); d the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 249); e the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 448); f the Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 119); g the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 34); h the Transportable Pressure Vessels Regulations (Northern Ireland) 2003 (S.R. 2003 No. 386); i the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 2003 (S.R. 2003 No. 533); and other provisions.

6 Part I contains the introductory provisions. Regulation 2 defines terms used in the Regulations. Regulations 3 to 7 define the scope of the Regulations. Regulation 8 defines competent authority functions.

7 Part II imposes the requirements contained within RID and ADR concerning general requirements (regulations 9 to 14), the classification of dangerous goods (regulations 15 and 16), special packing provisions (regulation 17), packaging of dangerous goods (regulations 18 and 19), consignment procedures (regulation 20), requirements for the construction and testing of packaging (regulations 21 and 22), the carriage and handling of dangerous goods (regulations 23 and 24) and the construction and approval of vehicles (regulation 25).

8 Part III sets out the competent authorities for carrying out functions within RID and ADR.

9 Part IV imposes the requirements of the Transportable Pressure Equipment Directive for placing transportable pressure equipment on the market and using it at work (regulations 38 and 39), reassessing the conformity of existing transportable pressure equipment (regulation 40), inspections (regulation 41), notified and approved bodies for inspecting transportable pressure equipment (regulations 42 to 44) and the use of a conformity mark (regulation 45).

10 Part V imposes requirements which are additional to or alternatives to the requirements of RID and ADR. These concern requirements for the carriage of class 7 goods by rail (regulation 46), the marshalling and formation of trains (regulation 47), the keeping of documentation (regulation 48) and placarding requirements for carriage within Northern Ireland (regulation 49).

11 Part VI contains miscellaneous provisions concerning fees for applications relating to pressure receptacles and tanks (regulation 50), transitional defence (regulation 51), defence and enforcement (regulation 52), savings, revocations and consequential amendments (regulations 53 to 56).

12 Copies of the following documents may be obtained from The Stationery Office Bookshops, The Stationery Office’s Accredited Agents and all good booksellers: a the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) (2003 Edition) (ISBN 92-1-139078-8) and corrigenda 1 (February 2003) and 2 (June 2003); b the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) (2003 Edition) (ISBN 0-11-552553-X); c the International Maritime Dangerous Goods Code (“IMDG Code”) (2004 Edition) (ISBN 92-801-4184-8); d the Dangerous Goods Emergency Action Code List 2004 (ISBN 0-11-341275-4); e the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation (2003 208 2004 Edition) (ISBN 92-9194-010-0 and ISSN 1726-6181); and f the Approved Tank Requirements (ISBN 0-7176-1226-0).

13 The Convention concerning International Carriage by Rail (“COTIF”) can be downloaded free of charge from the OTIF website www.otif.org or purchased from: Intergovernmental Organisation for International Carriage by Rail (OTIF), Gryphenhübeilweg 30, CH-3006 Berne.

14 In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in relation to those Regulations. Copies of the regulatory impact assessment relating to those Regulations together with a Northern Ireland Supplement prepared by the Department of Enterprise, Trade and Investment are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast, BT6 9FR, from where copies may be obtained on request.

15 A person who contravenes the Regulations or any requirement or prohibition thereunder is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.

Footnotes

[^f00001]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I. 11), Article 3

[^f00002]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^f00003]: 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)

[^f00004]: Article 46 was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

[^f00005]: Formerly the Health and Safety Agency for Northern Ireland; see S.I. 1998/2795 (N.I. 18), Article 3(1)

[^f00006]: Article 13(1A) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^f00007]: S.R. & O. (N.I.) 1942 No. 128 (p. 92)

[^f00008]: S.R. 1979 No. 290

[^f00009]: 2003 edition: ISBN 92-1-139078-8. Existing corrigenda are corrigendum 1 (February 2003) and corrigendum 2 (June 2003)

[^f00010]: O.J. No. L319, 12.12.94, p. 7; relevant amending directives are Directive 2000/61/EC of the European Parliament and the Council of 10th October 2000 (O.J. No. L279, 1.11.2000, p. 40) and Commission Directive 2003/28/EC of 7th April 2003 (O.J. No. L90, 8.4.2003, p. 45)

[^f00011]: Cmnd. 2232

[^f00012]: ISBN 0-11-341275-4

[^f00013]: 1965 c. 20 (N.I.); section 175(2)(n) was amended by regulation 3(1) of, and Schedule 1 to, S.R. 1984 No. 283

[^f00014]: S.I. 1995/2994 (N.I. 18)

[^f00015]: S.R. 1991 No. 509 as amended by S.R. 1997 No. 247, S.R. 1997 No. 248, and S.R. 2003 No. 386 and to which there are other amendments not relevant to these Regulations

[^f00016]: 2004 edition: ISBN 92-801-4184-8

[^f00017]: O.J. No. L262, 27.9.1976, p. 153; relevant amending Directives are Council Directive 87/354/EEC of 25th June 1987 (O.J. No. L192, 11.7.1987, p. 43) and Council Directive 88/665/EEC of 21st December 1988 (O.J. No. L382, 31.12.1988, p. 42)

[^f00018]: S.I. 1983/150 (N.I. 4)

[^f00019]: O.J. No. L235, 17.9.1996, p. 25; relevant amending Directives are Directive 2000/62/EC of the European Parliament and the Council of 10th October 2000 (O.J. No. L279, 1.11.2000, p. 44) and Commission Directive 2003/29/EC of 7th April 2003 (O.J. No. L90, 8.4.2003, p. 47)

[^f00020]: ISBN 0-11-55-2553-X

[^f00021]: O.J. No. L300, 19.11.1984, pp. 1, 20 and 48 respectively

[^f00022]: 1952 c. 67

[^f00023]: 1964 c. 5

[^f00024]: 1969 c. 6 (N.I.) as amended by S.R. 1999 No. 150. There are other amendments to the Act not relevant to these Regulations

[^f00025]: 2003 edition: ISBN 92-1-139078-8. Existing corrigenda are corrigendum 1 (February 2003) and corrigendum 2 (June 2003)

[^f00026]: S.I. 1999/2001, to which there are amendments not relevant to these Regulations

[^f00027]: 2003-2004 edition: ISBN 92-9194-010-0 and ISSN 1726-6181

[^f00028]: S.R. 2000 No. 169 to which there are amendments not relevant to these Regulations

[^f00029]: S.I. 1984/1821 (N.I. 11)

[^f00030]: 1958 c. 7; section 1(3)(a)(i) was substituted by the Water Act 1989 (c. 15), section 190 and Schedule 25, paragraph 24. In section 1(3)(a)(i) the words “Environment Agency” were substituted by the Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593), regulation 2 and Schedule 1. In section 1(3)(a)(iii) the words “Countryside Agency” were substituted by the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416), Article 3. There are other amendments not relevant to these Regulations

[^f00031]: 1952 c. 67

[^f00032]: S.I. 1992/234 (N.I. 2)

[^f00033]: O.J. No. L145, 19.6.1996, p. 10

[^f00034]: S.R. 2000 No. 119, to which there are amendments not relevant to these Regulations

[^f00035]: O.J. No. L398, 30.12.1989, p. 33

[^f00036]: S.R. 1997 No. 249 as amended by S.R. 2002 No. 34

[^f00037]: O.J. No. L319, 12.12.94, p. 7

[^f00038]: O.J. No. L279, 1.11.2000, p. 40

[^f00039]: O.J. No. L90, 8.4.2003, p. 45

[^f00040]: O.J. No. L235, 17.9.96, p. 25

[^f00041]: O.J. No. L279, 1.11.2000, p. 44

[^f00042]: O.J. No. L90, 8.4.2003, p. 47

[^f00043]: 2003 edition: ISBN 92-1-139078-8. Existing corrigenda are corrigendum 1 (February 2003) and corrigendum 2 (June 2003)

[^f00044]: S.I. 1999/2001, as amended by S.I. 2002/1267

[^f00045]: O.J. No. L138, 1.6.1999, p. 20

[^f00046]: S.R. 2003 No. 304 to which there are amendments not relevant to these Regulations

[^f00047]: S.R. 1999 No. 90

[^f00048]: S.R. 2002 No. 301

[^f00049]: S.R. 2005 No. 523

[^f00050]: ISBN 0-7176-1226-0

[^f00051]: S.R. 1997 No. 248 as amended by S.R. 2002 No. 34 and to which there are amendments not relevant to these Regulations

[^f00052]: S.R. 1997 No. 247 as amended by S.R. 2003 No. 386 and to which there are amendments not relevant to these Regulations

[^f00053]: S.R. 2003 No. 386

[^f00054]: 2003 edition: ISBN 92-1-139078-8. Existing corrigenda are corrigendum 1 (February 2003) and corrigendum 2 (June 2003)

[^f00055]: S.R. 1999 No. 454 to which there are amendments not relevant to these Regulations

[^f00056]: S.R. 1988 No. 24 (revoked by the Road Traffic (Carriage of Substances in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 260))

[^f00057]: 1995 c. 21

[^f00058]: S.I. 1984/1821 (N.I. 11)

[^f00059]: 1994 c. 22

[^f00060]: S.R. 2002 No. 301

[^f00061]: S.I. 1997/2367

[^f00062]: S.I. 2002/2786

[^f00063]: S.R. 2006 No. 173

[^f00064]: 2003 edition: ISBN 92-1-139078-8

[^f00065]: 2003 edition

[^f00066]: 2003-2004 edition: ISBN 92-9194-010-0

[^f00067]: 2004 edition: ISBN 92-801-4184-8

[^f00068]: 2003 edition: ISBN 0-11-552553-X

[^f00069]: S.R. 2005 No. 523

[^f00070]: S.R. 2006 No. 173

[^f00071]: 1929 c. 13 (N.I.); section 18 was amended by S.R. 1988 No. 415, S.R. 1992 No. 260 and S.R. 2003 No. 152; section 18 was repealed in relation to the carriage of petroleum mixtures and liquid methane in a road tanker or tank-container by S.R. 1992 No. 260; there are other amendments to the Act not relevant to these Regulations

[^f00072]: S.R. 2006 No. 173

[^f00073]: S.R. 1991 No. 509 as amended by S.R. 1997 No. 247, S.R. 1997 No. 248, and S.R. 2003 No. 386 and to which there are other amendments not relevant to these Regulations

[^f00074]: 2003 edition: ISBN 92-1-136078-8

[^f00075]: S.R. 2006 No. 173

[^f00076]: S.R. 1992 No. 71 as amended by S.R. 1993 No. 412, S.R. 1995 No. 47 and S.R. 1997 No. 247 and to which there are other amendments not relevant to these Regulations

[^f00077]: S.R. 2006 No. 173

[^f00078]: S.R. 1991 No. 516

[^f00079]: 2002 edition: ISBN 92-801-5140-1

[^f00080]: 2003-2004 edition: ISBN 92-9194-010-1

[^f00081]: S.R. 1994 No. 6 as amended by S.R. 2003 No. 36 and to which there are other amendments not relevant to these Regulations

[^f00082]: S.R. 2006 No. 173

[^f00083]: S.R. 1996 No. 119 as amended by S.R. 1997 No. 247 and to which there are other amendments not relevant to these Regulations

[^f00084]: S.R. 2006 No. 173

[^f00085]: S.R. 1997 No. 455 as amended by S.R. 2004 No. 196 and to which there are other amendments not relevant to these Regulations

[^f00086]: S.R. 2006 No. 173

[^f00087]: S.R. 2001 No. 436 as amended by S.R. 2003 No. 533 and to which there are other amendments not relevant to these Regulations

[^f00088]: S.R. 2006 No. 173

[^f00089]: S.R. 2003 No. 33

[^f00090]: S.R. 2006 No. 173

[^f00091]: S.R. 2003 No. 34 to which there are amendments not relevant to these Regulations

[^f00092]: S.R. 2003 No. 35

[^f00093]: S.R. 2003 No. 152

[^f00094]: S.R. 2004 No. 222

[^f00095]: S.R. 2006 No. 173