The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010

Statutory provisions to be amended	Section, Regulations and Schedules to be amended	Amendments to be made
Petroleum (Consolidation) Act(Northern Ireland) 1929[^f00027]	Section 18(4)(b)	For “2006” substitute “2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 2(1), definition of “the Carriage Regulations”	For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 2(1), paragraph (a)(ii) of the definition of “classification”	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 2(1), paragraph (b) of the definition of “portable tank”	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 3(2)(b)	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 6(4)(a)	For “Part II of the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 by virtue of regulation 19 of those Regulations” substitute “CDG 2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 24(a)	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 25(1)(b)(ii)	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)1991[^f00028]	Regulation 25(2)	In sub-paragraph (a), for “the Carriage Regulations” substitute “CDG 2010” and omit “(b) the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983;”
Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992[^f00029]	Regulation 2(1), definition of “the Carriage Regulations”	For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992[^f00029]	Regulation 2(1), definition of “classification”	For “regulation 15 of the Carriage Regulations” substitute “Part 6 of CDG 2010”
Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992[^f00029]	Regulation 2(1), definition of “dangerous substance”	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992[^f00029]	Regulation 2(1A)	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992[^f00029]	Paragraph 1(c)(i) of Schedule 1	For “the Carriage Regulations” substitute “CDG 2010”
Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992[^f00029]	Paragraph 1(d) of Schedule 1	For “the Carriage Regulations” substitute “CDG 2010”
Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996[^f00030]	Regulation 2(1), definition of “dangerous goods”	For “in regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute “assigned by regulation 2(3) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997[^f00031]	Regulation 2(1), definition of “the Carriage Regulations”	For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997[^f00031]	Regulation 2(1), definition of “dangerous goods”	For “the Carriage Regulations” substitute “CDG 2010”
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997[^f00031]	Paragraph 48(K)(2) in Part IV of Schedule 2	For “the Carriage Regulations” substitute “CDG 2010”
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 2(1), definitions of “the Carriage Regulations”, “consignor” and “vehicle”	Omit
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 2(1), definition of “transport”	Omit definition (a)
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 2(1), definition of “work with ionising radiation”	Omit “, transport by rail”
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 2(2)(a) and the “and” which follows regulation 2(2)(a)	Omit
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(1)(b)	Omit
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(1)(c)	For “of a quantity or mass referred to in sub-paragraph (b)” substitute “containing more than the quantity of radionuclides specified in Schedule 4 or, in the case of fissile material, more than the mass of that material specified in Schedule 3”
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(3)	For “paragraph (1)(b)” substitute “paragraph (1)(c)”
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(4)(c)	For the sub-paragraph substitute—cany radioactive substance conforming to the specifications for special form radioactive material set out in sub-section 2.7.2.3.3 of the UN Model Regulations—iwhich has received unilateral or multilateral approval pursuant to the law of any State implementing section 6.4.23 of the UN Model Regulations; oriiwhere the transport in question forms part of an international transport operation;
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(4)(d)	For the sub-paragraph substitute—dany radioactive substance contained in a package which complies in every respect as to its design with the requirements for –ia Type B(U) package, a Type B(M) package or a Type C package as set out in sub-sections 6.4.8, 6.4.9 or 6.4.10 of the UN Model Regulations respectively; oriia consignment carried under special arrangement within the meaning of sections 1.5.4 and 6.4.23 of the UN Model Regulations which provides an equivalent level of safety to 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, in each case, the package has received unilateral or multilateral approval pursuant to the law of any State implementing section 6.4.23 of the UN Model Regulations or the transport in question forms part of an international transport operation;
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(4)(e)	For the sub-paragraph substitute—ethe 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 2.7.2.3.1 of the UN Model Regulations including cases where the transport forms part of an international transport operation;
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(4)(f)	For the sub-paragraph there shall be substituted—fthe 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 2.7.2.3.2 of the UN Model Regulations including cases where the transport forms part of an international transport operation;
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 3(5)	For the paragraph substitute—5In paragraph (4)(c) to (f)—a“UN Model Regulations” means the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, as revised or re-issued from time to time[^f00033]; andb“international transport operation” means the carriage of radioactive substances, including carriage by more than one mode of transport, where that carriage takes place in more than one country.
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 8(4)	Omit
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 8(7)(a)	Omit “, (where not also the carrier) the consignor”
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Regulation 13(3)(a)(ii)	Omit “the consignor,”
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001[^f00032]	Paragraph (h) of Schedule 5	Omit “, the type of vehicle and the means of securing the load within or on the vehicle”
Control of Substances Hazardous to Health Regulations (Northern Ireland 2003[^f00034]	The list in Schedule 7	Omit “Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344);” and for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173)” substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Control of Lead at Work Regulations (Northern Ireland) 2003[^f00035]	The list in Schedule 2	Omit “Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344);” and for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173)” substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003[^f00036]	The list in Schedule 5	Omit “Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344);” and for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173)” substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Pressure Systems Safety Regulations (Northern Ireland) 2004[^f00037]	Regulation 2(1), definition of “the Carriage Regulations”	For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010”
Pressure Systems Safety Regulations (Northern Ireland) 2004[^f00037]	Regulation 2(1), definition of “old pressure receptacle”	For “in regulation 2(1) of the Carriage Regulations” substitute “assigned by regulation 11(6) of CDG 2010”
Pressure Systems Safety Regulations (Northern Ireland) 2004[^f00037]	Regulation 2(1), definition of “pressure receptacle”	For “in regulation 2(1) of the Carriage Regulations” substitute “assigned by regulation 2(3) of CDG 2010”
Pressure Systems Safety Regulations (Northern Ireland) 2004[^f00037]	Regulation 2(1), definition of “transportable pressure equipment”	For “in regulation 2(1) of the Carriage Regulations” substitute “assigned by regulation 2(3) of CDG 2010”
Pressure Systems Safety Regulations (Northern Ireland) 2004[^f00037]	Paragraph 9 in Part I of Schedule 1	For “the Carriage Regulations” substitute “CDG 2010”
Pressure Systems Safety Regulations (Northern Ireland) 2004[^f00037]	Paragraph 3(a) in Part II of Schedule 1	For “the Carriage Regulations” substitute “CDG 2010” and for “4(1)” substitute “3”
Quarries Regulations (Northern Ireland) 2006[^f00038]	Schedule 2 Part II	Omit the entries in Column 1 and Column 2 in relation to “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006”
The Control of Asbestos Regulations (Northern Ireland) 2007[^f00039]	Regulation 24(3)(a)	For “2006” substitute “2010”
The Control of Asbestos Regulations (Northern Ireland) 2007[^f00039]	Paragraph 1(1)(a) of Schedule 2	For “2006” substitute “2010”
Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009[^f00040]	Regulation 6(3)(a)	For “2006” substitute “2010”
Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009[^f00040]	Regulation 8(4)(a)(iii)	For “2006” substitute “2010”

SCHEDULE 6 — REVOCATIONS

Regulations revoked	References	Extent of Revocation
Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983	S.R. 1983 No. 344	The whole Regulations
Radioactive Substances (Carriage by Road) (Amendment) Regulations (Northern Ireland) 1986	S.R. 1986 No. 61	The whole Regulations
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006	S.R. 2006 No. 173	The whole Regulations
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006	S.R. 2006 No. 525	The whole Regulations
Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles (Amendment) Regulations (Northern Ireland) 1997	S.R. 1997 No. 360	The whole Regulations
Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles (Amendment) Regulations (Northern Ireland) 1998	S.R. 1998 No. 438	The whole Regulations

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 22nd April 2010.

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

Explanatory note

(This note is not part of the Regulations)

1These Regulations impose requirements and prohibitions in relation to the carriage of dangerous goods by road and by rail and, in so far as they relate to safety advisers, by inland waterway. In doing so they implement certain Directives as respects Northern Ireland.

2First, the Regulations implement Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods (O.J. No. L260, 30.9.2008, p.13). This Directive applies to Annexes to the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (Current Edition: 2009), the Annex to the Regulation concerning the International Carriage of Dangerous Goods by Rail (“RID”) which forms Appendix C to the Convention concerning International Carriage by Rail (“COTIF”) (Current edition; 2009) and the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway (“ADN”) (Current edition: 2009). These Regulations only apply the provisions of ADN in respect of safety adviser qualifications.

3Secondly, the Regulations implement Council Directive 1999/36/EC of 29th April 1999 on transportable pressure equipment (O.J. No. L138, 1.6.1999, p. 20) as last amended by Commission Directive 2002/50/EC of 6th June 2002 (O.J. No. L149, 7.6.2002, p. 28).

4Thirdly, the Regulations implement Article 5 of Title II (Prior Information) of Council Directive 89/618/Euratom of 27th November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency (O.J. No. L357, 7.12.1989, p. 31) and Title IX, Section 1 (Intervention in cases of radiological emergency) of Council Directive 96/29/Euratom of 13th May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (O.J. No. L159, 29.6.1996, p. 1), in so far as Section 1 of Title IX is relevant to carriage by road and by rail.

5The implementation of 1999/36/EC, 89/618/Euratom and 96/29/Euratom replaces the implementation of the same Directives (or parts of Directives) made by the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2006 (“the 2006 Regulations”) (S.R. 2006 No. 173).

6Part 1 of the Regulations contains introductory provisions. Regulations 2 and 3 contain interpretation provisions. Regulation 4 sets out the manner in which the Regulations apply.

7Part 2 of the Regulations provides for prohibitions and requirements to apply in relation to the carriage of dangerous goods. Regulation 5 prohibits carriage other than in accordance with ADR and RID. Regulation 6 imposes, by reference to Schedule 1, different placarding requirements to those in ADR and RID in respect of national carriage by certain vehicles. Regulation 7 deems a requirement relating to access to goods to be a requirement of ADR and RID for the purposes of regulation 5.

8Part 3 of the Regulations provides for exemptions from Part 2. Regulation 8 allows the Health and Safety Executive for Northern Ireland to exempt carriage where such an exemption is permitted as a derogation or a transitional provision under the Dangerous Goods Directive or where the exemption provides for carriage consistent with a derogation or transitional provision. Regulation 9 provides that, in certain circumstances, the Health and Safety Executive for Northern Ireland and the Department of the Environment for Northern Ireland may issue authorisations permitting carriage which would otherwise contravene Part 2 of the Regulations. Other regulations provide for exemptions relating to reference temperatures and standards (regulation 10), old pressure receptacles (regulation 11), enclosed areas (regulation 12), carriage other than by vehicles (regulation 13), instruments of war and nuclear material (regulation 14).

9Part 4 of the Regulations applies the provisions of the Transportable Pressure Equipment Directive for placing transportable pressure equipment on the market (regulations 15 and 16), reassessing the conformity of existing transportable pressure equipment (regulation 17), inspections (regulation 18) and the restriction on the use of misleading markings (regulation 19).

10Part 5 of the Regulations (regulation 20), by the introduction of Schedule 2, implements the requirements of Article 5 of Title II of 89/618/Euratom and Section 1 of Title IX of 96/29/Euratom in relation to carriage by road and by rail.

11Part 6 of the Regulations sets out provisions and obligations in relation to competent authority functions. Regulation 21 determines who the competent authority in Northern Ireland is. Regulation 22 provides that the competent authority in Northern Ireland is to perform the functions of a competent authority set out in ADR, RID and ADN (as applied by the Regulations). Regulation 23 provides that fees may be charged in connection with the performance of competent authority functions arising under regulation 22. Regulation 24 provides for a competent authority function in respect of reference temperatures and standards. Regulation 25 allows for the appointment of people to approve equipment used in connection with the carriage of dangerous goods. Regulation 26 deems certain functions done under the 2006 Regulations to be done under these Regulations.

12Part 7 of the Regulations contains miscellaneous provisions concerning the keeping and provision of information (regulation 27), and enforcement (regulation 28). Regulation 29 provides for a defence in specific circumstances in the case of contravention of the Regulations, and amendments and revocations are set out in regulations 30 and 31.

13ADR and ADN (both the agreements and the Annexes) may be downloaded without charge from the relevant parts of the United Nations Economic Commission for Europe website which is:for ADR: http://www.unece.org/trans/danger/publi/adr/adr_e.htmlfor ADN: http://www.unece.org/trans/danger/adn-agree.htmlCOTIF (including the protocol of Vilnius and Appendix C to COTIF (but not the text of the Annex to the Appendix)) may be downloaded without charge from the relevant part of the Intergovernmental Organisation for International Carriage by Rail (known as OTIF) website which is:http://www.otif.org/Print copies of the 2009 editions of ADR, RID (including the text of the Annex to Appendix C) and ADN are available for purchase, including from the Stationery Office:http://www.tsoshop.co.uk/bookstore.aspThe European Directives referred to in these Regulations may be downloaded without charge from the European Union Law Website (EURLEX):http://eur-lex.europa.eu/en/index.htmA document issued by the Health and Safety Executive for Northern Ireland pursuant to regulation 8(3) of these Regulations will be available to be downloaded from the Health and Safety Executive for Northern Ireland website which is:http://www.hseni.gov.uk/

14In Great Britain the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348). The Department for Transport has prepared a regulatory impact assessment in respect of those Regulations and a copy of that assessment, together with a Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland, is held at the office of that Executive at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained. A copy of the transposition note in relation to the implementation of the Directives set out in paragraphs 2 to 4 is also available at that office.

15A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable—aon summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £20,000, or both; orbon conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.

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 3(1)(c) was modified by the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 52) as amended by S.R. 2007 No. 403 and S.R. 2009 No. 296

[^f00004]: 1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51)

[^f00005]: O.J. No. L260, 30.9.2008, p. 13

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

[^f00007]: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

[^f00008]: S.R. 2006 No. 173

[^f00009]: ISBN 9789211391343 (2009 edition)

[^f00010]: ISBN 9789211391336 (2009 edition)

[^f00011]: 2006 c. 52

[^f00012]: See Section 1(1) of the Ministry of Defence Police Act 1987 (c. 4)

[^f00013]: 1952 c. 67

[^f00014]: 1964 c. 5

[^f00015]: Cm 3812; COTIF was modified by the Protocol signed at Vilnius on 3rd June 1999 (Cm 4873)

[^f00016]: O.J. No. L260, 30.9.2008, p. 13

[^f00017]: ISBN 9788086206394 (2009 edition)

[^f00019]: 1994 c. 22; paragraph 2 of Schedule 3 to the Finance Act 1997 replaced the existing section 21(1) with a new version

[^f00020]: ISBN 9780113413263 (2009 edition)

[^f00021]: S.I. 2003/403

[^f00022]: S.R. 2003 No. 304 to which there are amendments not relevant to these Regulations

[^f00023]: S.I. 2006 No. 1254 (N.I. 9)

[^f00026]: 1994 c. 22

[^f00027]: 1929 c. 13; section 18 was amended by S.R. 1988 No. 415, Schedule 4, Part II, paragraph 1, by S.R. 2003 No. 152, Schedule 7, Part I, paragraphs 2(2) to (7) and by S.R. 2006 No. 173, Schedule 13, paragraph 1; 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, regulation 30(1); there are other amendments to the Act not relevant to these Regulations

[^f00028]: S.R. 1991 No. 509 as amended by S.R. 1997 No. 247, S.R. 2003 No. 386 and S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00029]: S.R. 1992 No. 71 as amended by S.R. 1993 No. 412, S.R. 1995 No. 47, S.R. 1997 No. 247 and S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00030]: S.R. 1996 No. 119 as amended by S.R. 1997 No. 247 and S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00031]: S.R. 1997 No. 455 as amended by S.R. 2004 No. 196 and S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00032]: S.R. 2001 No. 436 as amended by S.R. 2003 No. 533 and S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00033]: Current edition (2005): ISBN 9211391067

[^f00034]: S.R. 2003 No. 34 as amended by S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00035]: S.R. 2003 No. 35 as amended by S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00036]: S.R. 2003 No. 152 as amended by S.R. 2006 No. 173

[^f00037]: S.R. 2004 No. 222 as amended by S.R. 2006 No. 173 and to which there are other amendments not relevant to these Regulations

[^f00038]: S.R. 2006 No. 205

[^f00039]: S.R. 2007 No. 31

[^f00040]: S.R. 2009 No. 238

Editorial notes

[^key-7b090a1f418c36d6645048c825da0c82]: Reg. 1 in operation at 19.5.2010, see reg. 1

[^key-349e81279bc668b2d0a0d0373317a417]: Reg. 2 in operation at 19.5.2010, see reg. 1

[^key-5d301bf7cb5f5c6e8498570a6b88c738]: Reg. 3 in operation at 19.5.2010, see reg. 1

[^key-7c07651f1771d4e611eb57eb7b569bfa]: Reg. 4 in operation at 19.5.2010, see reg. 1

[^key-889b9ca49ac94e852f3d9735a3f24549]: Reg. 5 in operation at 19.5.2010, see reg. 1

[^key-8129a3147e72ea81bafd655332f550ab]: Reg. 6 in operation at 19.5.2010, see reg. 1

[^key-1e8c63b1787be5a9b02e5c132cc1d026]: Reg. 7 in operation at 19.5.2010, see reg. 1

[^key-76d578e6b6ea3b98ed9122714f6e68e7]: Reg. 8 in operation at 19.5.2010, see reg. 1

[^key-db0774cb40b4b5b7e587cd47f329d05d]: Reg. 9 in operation at 19.5.2010, see reg. 1

[^key-be38adc58277d4f8ecbc99e3937c4c97]: Reg. 10 in operation at 19.5.2010, see reg. 1

[^key-6284fb3c4b7546ca9ace3712892b8786]: Reg. 11 in operation at 19.5.2010, see reg. 1

[^key-ef18d3dc0adc959d3a1a3417d83b979d]: Reg. 12 in operation at 19.5.2010, see reg. 1

[^key-5575fd8dc22f9022533dc40ae7a4cc71]: Reg. 13 in operation at 19.5.2010, see reg. 1

[^key-6c1564e14e02fde3a464fa0af3d720e5]: Reg. 14 in operation at 19.5.2010, see reg. 1

[^key-fa03e4185df92773d1b538043c3a925a]: Reg. 17 in operation at 19.5.2010, see reg. 1

[^key-ecff83e667a67e74db01877272071a2f]: Reg. 18 in operation at 19.5.2010, see reg. 1

[^key-eee7f4f7d608594fd3960c2578002e4b]: Reg. 19 in operation at 19.5.2010, see reg. 1

[^key-c9be6e79e90482b7e69efaa776e02d5d]: Reg. 21 in operation at 19.5.2010, see reg. 1

[^key-b7253f6784aa7199f8970e53cd398606]: Reg. 22 in operation at 19.5.2010, see reg. 1

[^key-0debfe8ea5055d1eabdda5814da2e439]: Reg. 23 in operation at 19.5.2010, see reg. 1

[^key-0f42a36102ad0c64285c5ade91811f76]: Reg. 24 in operation at 19.5.2010, see reg. 1

[^key-f516cbf46184d516c71a3c644532eaab]: Reg. 25 in operation at 19.5.2010, see reg. 1

[^key-79170115c0fe7e332f7bf8efbce3d374]: Reg. 26 in operation at 19.5.2010, see reg. 1

[^key-335c08b714b649cc88c35f6ee9e3d0e9]: Reg. 27 in operation at 19.5.2010, see reg. 1

[^key-c7fbb5a85ce415e9a881f0f7c5775848]: Reg. 28 in operation at 19.5.2010, see reg. 1

[^key-01380da72024e38998c3cb2d67eb334e]: Reg. 29 in operation at 19.5.2010, see reg. 1

[^key-8b5e28b323f1f5b77dc6fe50e83a08eb]: Reg. 30 in operation at 19.5.2010, see reg. 1

[^key-6d5b64c5613e2e56ff3a459afd8384d9]: Reg. 31 in operation at 19.5.2010, see reg. 1

[^key-2e7a63cca2b40a82e02f693665389db5]: Sch. 1 para. 1 in operation at 19.5.2010, see reg. 1

[^key-6dfd12a30eb09eb3b832f88e0bd4f4c3]: Sch. 1 para. 2 in operation at 19.5.2010, see reg. 1

[^key-e6be89525836c723db6abe9dff894a40]: Sch. 1 para. 3 in operation at 19.5.2010, see reg. 1

[^key-c87a8af1daf474e319f681d81a972821]: Sch. 1 para. 4 in operation at 19.5.2010, see reg. 1

[^key-758cebc16a4aaa7b1bf3202d6dec31c7]: Sch. 1 para. 5 in operation at 19.5.2010, see reg. 1

[^key-29fa6c06997fddc7f36c43f23b47830d]: Sch. 1 para. 6 in operation at 19.5.2010, see reg. 1

[^key-50817b16ae7dc73d2f188611448f9fd7]: Sch. 1 para. 7 in operation at 19.5.2010, see reg. 1

[^key-d3f6e2f329dc6ef882025cc286ab8af7]: Sch. 1 para. 8 in operation at 19.5.2010, see reg. 1

[^key-c8c41506c08afe3f3431d6b368a2c8e2]: Sch. 3 para. 1 in operation at 19.5.2010, see reg. 1

[^key-add8b56c75d27b7037b695b431cf83ef]: Sch. 3 para. 2 in operation at 19.5.2010, see reg. 1

[^key-22b2fe8d1742a525883c2e154143c182]: Sch. 3 para. 3 in operation at 19.5.2010, see reg. 1

[^key-95e1369684c6e2622e563c3696470406]: Sch. 3 para. 4 in operation at 19.5.2010, see reg. 1

[^key-704482a26348cd2ab463614f9d4eab4b]: Sch. 3 para. 5 in operation at 19.5.2010, see reg. 1

[^key-6eb9ec07ac987d8f978f6fdbc8351fba]: Sch. 3 para. 6 in operation at 19.5.2010, see reg. 1

[^key-ae4c59528a9dd71d8611daaa3bcae84f]: Sch. 3 para. 7 in operation at 19.5.2010, see reg. 1

[^key-933b59e9e578a75ad0586959154e57ae]: Sch. 3 para. 8 in operation at 19.5.2010, see reg. 1

[^key-1dd109cfde93045475a2245903e355b8]: Sch. 3 para. 9 in operation at 19.5.2010, see reg. 1

[^key-649c0760349822755f07ffc9042caf80]: Sch. 3 para. 10 in operation at 19.5.2010, see reg. 1

[^key-a62025420d1b6af60523e28be2938ada]: Sch. 4 para. 1 in operation at 19.5.2010, see reg. 1

[^key-08a78b8f01a37a491f141c5b0c3d8621]: Sch. 4 para. 2 in operation at 19.5.2010, see reg. 1

[^key-ced79b0ceed50e41b1cdbae6e1c49914]: Sch. 4 para. 3 in operation at 19.5.2010, see reg. 1

[^key-408d211264a3cbce7e3d67bd72461d5b]: Sch. 4 para. 4 in operation at 19.5.2010, see reg. 1

[^key-567368b03495a5f8c69d02c4031772ea]: Sch. 5 in operation at 19.5.2010, see reg. 1

[^key-11604e79272f6e3b88574c89221b64f0]: Sch. 6 in operation at 19.5.2010, see reg. 1

[^key-e8dcbec12f7456c223ee81a69555f2a9]: Pt. 5 heading substituted (18.6.2019) by The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/111), regs. 1, 4 (with reg. 7)

[^key-78db8e6171fbe62b640a82464bd82089]: Sch. 2 substituted (18.6.2019) by The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/111), reg. 1, Sch. (with reg. 7)

[^key-565d1f1ba162f3ba0e50bb9eece2290c]: Reg. 4(1A) inserted (18.6.2019) by The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/111), regs. 1, 3(a) (with reg. 7)

[^key-e41e11e97841b27ec48b0cfadfe36de6]: Words in reg. 4(2) substituted (18.6.2019) by The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/111), regs. 1, 3(b) (with reg. 7)

[^key-34242f51f6fffb7b988deda4cbb2c72c]: Reg. 20 substituted (18.6.2019) by The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/111), regs. 1, 5 (with reg. 7)

[^key-27d3dd898c77bdf8dcd1ec9f852f8d7d]: Words in reg. 9 inserted (16.11.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/222), regs. 1(1), 2(2)

[^key-a0065fddda9a9ab69b542df5924a0f02]: Reg. 21(2)(2A) substituted for reg. 21(2) (16.11.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/222), regs. 1(1), 2(3)(b)

[^key-cdd4b04493545b8a21a528dc22f0799f]: Words in reg. 21(1) substituted (16.11.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/222), regs. 1(1), 2(3)(a)

[^key-c28ab07afa1e35cffa4d6e51836d1f83]: Words in reg. 28 substituted (16.11.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/222), regs. 1(1), 2(4)

[^M_F_7eebd986-0390-487d-b686-8acb9b60b67a]: Words in reg. 2(5) Table inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 3(3)

[^M_F_826f8979-25f0-4ca4-b09a-c448570ff9ed]: Words in reg. 2(5) Table inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 3(5)

[^M_F_6f9f314b-a52a-42d3-df7e-b3d70ac154bf]: Words in reg. 2(5) Table inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 3(4)

[^M_F_51a0c45b-e7e7-4055-d9d4-9902b9a8c601]: Words in reg. 2(5) Table substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 3(7)

[^M_F_76e815a2-e459-4fd5-80a8-6ae29320248f]: Words in reg. 2(5) Table inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 3(6)

[^M_F_f2f96b61-a130-4e4e-dd97-9ded26434293]: Words in reg. 2(5) Table substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 3(2)

[^M_F_de3b0580-502b-4c96-9b69-30ffad70a7de]: Word in reg. 3(b) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 4(2)

[^M_F_3173ccf0-15cd-4e6b-b077-4bedb3920b3d]: Word in reg. 3(c) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 4(2)

[^M_F_ab76ee98-5eca-4db1-d661-811ae0d68ee6]: Reg. 3(f) omitted (10.11.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 4(3)

[^M_F_7539dd9c-5088-4d05-f06d-cf6445c46080]: Reg. 3(g) omitted (10.11.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 4(3)

[^M_F_60fed00f-e2a4-4fac-9621-73f3a53fac22]: Reg. 3(m)(n) and semicolon substituted for full stop in reg. 3(l) (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 4(5)

[^M_F_20500fd0-e771-4fc4-a325-e4d961a2a3ab]: Reg. 3(h) omitted (10.11.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 4(3)

[^M_F_5b678bf3-bbba-45ff-9bd3-e1aa44b3b38f]: Word in reg. 3(k) omitted (10.11.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 4(4)

[^M_F_bdaba5cf-1217-476b-9165-3bc9a8abbae5]: Reg. 15 substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 5(1)

[^M_F_a242bac3-261f-4584-f36f-c85ef8d84005]: Reg. 16 substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 6

[^M_F_9efb5ac2-e538-4819-b847-86ee9a4fb4ed]: Words in reg. 17(3)(a) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 7(3)(b)

[^M_F_b131eb1d-4801-4bc8-d88c-960fb5c91c8f]: Word in reg. 17(1) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 7(2)

[^M_F_e31303e6-7713-4761-8ba7-045ae3076ef2]: Reg. 17(4) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 7(5)

[^M_F_eb113a88-39d0-4691-f377-0c6856d6c957]: Reg. 17(3)(b) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 7(4)

[^M_F_778b8d1c-15c3-400b-9177-b0d9c60055cb]: Words in reg. 17(3)(a) inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 7(3)(a)

[^M_F_3f1007b9-3be2-4bc5-cfce-7363f5d2cf18]: Reg. 17(5) inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 7(6)

[^M_F_b627f207-01a7-4c9c-d7a0-15823690b66b]: Reg. 18(3) omitted (10.11.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 8(4)

[^M_F_0cc846e7-3c1d-4945-893c-5797ccf2172e]: Word in reg. 18(1) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 8(2)

[^M_F_3dc6e172-70d6-4a55-b6c2-7991d6972fac]: Words in reg. 18(2) omitted (10.11.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 8(3)(b)

[^M_F_ca98dc40-cd60-4c43-ff86-525b064ec600]: Words in reg. 18(2) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 8(3)(a)

[^M_F_c9b97dcb-1761-4b05-a9aa-c5ce6af8fcc9]: Words in reg. 18(4) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 8(5)

[^M_F_3d6d1ea7-47c1-41de-a587-f226230af232]: Words in reg. 18(2) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 8(3)(c)

[^M_F_3f88079b-ee66-4057-9b0a-e1aac338a516]: Words in reg. 25(4) substituted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 9(2)

[^M_F_f2732515-a56f-4c6e-c337-b16f18209882]: Reg. 25(5) omitted (10.11.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 9(3)

[^M_F_8c129458-56f0-4bd5-9e52-84914efdf822]: Regs. 15A-15F inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 5(2)

[^M_F_b3982e4d-cdf7-4ff0-d3bc-cd0e127c8d06]: Regs. 15A-15F inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 5(2)

[^M_F_ba9a1d1c-3fdb-4636-d298-a55c38c39c4e]: Regs. 15A-15F inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 5(2)

[^M_F_7a5a2926-9a98-4e18-b9d1-289c87538390]: Regs. 15A-15F inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 5(2)

[^M_F_511c422e-1ab9-49c3-d53d-b01b6482c0af]: Regs. 15A-15F inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 5(2)

[^M_F_8fa21969-391d-4913-d734-f096f0af2a7e]: Regs. 15A-15F inserted (10.11.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (Regulations) (Northern Ireland) 2011 (S.R. 2011/365), regs. 1, 5(2)

Scope of Obligations

General Obligations

15A

• (1) A manufacturer, importer, distributor, owner or operator may only place or make available on the market, put into service or use equipment if it ensures that the equipment meets the requirements of the Dangerous Goods Directive.

• (2) On receipt of a request from the Health and Safety Executive for Northern Ireland, a manufacturer, importer, distributor, owner or operator must identify to the Executive any manufacturer, importer, distributor or owner who has supplied it with, or to whom it has supplied, equipment over at least the previous 10 years.

• (3) A request made pursuant to paragraph (2) must—

• (a) be in writing; and

• (b) contain a date by which a response is to be provided with that date being reasonable in all the circumstances.

• (4) Paragraph (5) applies where a manufacturer, importer, distributor or owner provides to an operator information about equipment it has placed or made available on the market, or put into service.

• (5) The information must comply with the Directives.

• (6) This regulation does not apply to an owner who is a private individual using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.

Obligations of Manufacturers

15B

• (1) A manufacturer must—

• (a) ensure a conformity assessment is carried out by a notified body;

• (b) mark equipment in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive; and

• (c) keep the technical documentation specified in the Dangerous Goods Directive for the period specified in that Directive.

• (2) Where a manufacturer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that manufacturer must—

• (a) take immediate corrective measures to ensure that the equipment complies with the Directives,

• (b) withdraw the equipment from the market, or

• (c) issue a recall of the equipment.

• (3) Where a manufacturer considers that equipment it has placed on the market presents a risk, that manufacturer must immediately inform the TPED competent authority in any relevant member State of the risk, including providing details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

• (4) A manufacturer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

• (5) On receipt of a reasoned request from a TPED competent authority, a manufacturer must—

• (a) provide to that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

• (b) cooperate with that authority in any action it takes to eliminate risks posed by that equipment.

• (6) This regulation applies to an importer or a distributor as if that person were a manufacturer where the importer or distributor—

• (a) places equipment on the market under the importer or distributor’s own name or trademark; or

• (b) modifies equipment already placed on the market in such a way that compliance with the Directives may be affected.

Obligations of Importers

15C

• (1) An importer must ensure that—

• (a) the manufacturer has complied with conformity assessment and drawn up the technical documentation in accordance with the Dangerous Goods Directive;

• (b) equipment has been marked in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive;

• (c) the certificate of conformity for the equipment either contains the name and address of the importer or has this information attached to it;

• (d) the conditions in which equipment under the responsibility of the importer is stored and transported do not jeopardise the equipment’s compliance with the Dangerous Goods Directive; and

• (e) the technical documentation specified in the Dangerous Goods Directive is kept for the period set out in that Directive.

• (2) Where an importer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that importer must—

• (a) take immediate corrective measures to ensure that the equipment complies with the Directives;

• (b) withdraw the equipment from the market; or

• (c) issue a recall of the equipment.

• (3) Where an importer considers that equipment presents a risk before it has been placed on the market, that importer must inform the manufacturer and the Health and Safety Executive for Northern Ireland of the risk.

• (4) Where an importer considers that equipment it has placed on the market presents a risk, that importer must immediately inform the manufacturer and the TPED competent authority in any relevant member State of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

• (5) An importer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

• (6) On receipt of a reasoned request from a TPED competent authority, an importer must—

• (a) provide to that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

• (b) cooperate with that authority in any action taken to eliminate risks posed by that equipment.

Obligations of Distributors

15D

• (1) A distributor must ensure that—

• (a) the equipment has been marked in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive;

• (b) the certificate of conformity for the equipment contains or has attached to it the name and address of the importer where relevant; and

• (c) the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Directives.

• (2) Where a distributor knows or has reason to believe that equipment it made available on the market does not comply with the Directives, that distributor must—

• (a) take immediate corrective measures to ensure that the equipment complies with the Directives;

• (b) withdraw the equipment from the market; or

• (c) issue a recall of the equipment.

• (3) Where a distributor considers that equipment presents a risk before it has been made available on the market, that distributor must inform—

• (a) the manufacturer or the importer; and

• (b) the Health and Safety Executive for Northern Ireland,

of the risk.

• (4) Where a distributor considers that equipment it has made available on the market presents a risk, that distributor must immediately inform—

• (a) the manufacturer or the importer; and

• (b) the TPED competent authority in any relevant member State,

of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

• (5) A distributor must record each instance of non-compliance with the Directives and any corrective measures taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

• (6) On receipt of a reasoned request from a TPED competent authority, a distributor must—

• (a) provide to that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

• (b) cooperate with that authority in any action taken to eliminate risks posed by that equipment.

Obligations of Owners

15E

• (1) An owner must ensure that equipment for which it is responsible is stored and transported in conditions that do not jeopardise the compliance of that equipment with the Dangerous Goods Directive.

• (2) Where an owner considers that the owner’s equipment presents a risk it must inform—

• (a) the manufacturer, importer or distributor; and

• (b) the Health and Safety Executive for Northern Ireland,

of the risk.

• (3) An owner must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

• (4) This regulation does not apply to private individuals using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.

Obligations of Operators

15F

Where an operator considers that equipment presents a risk, that operator must inform the owner and the Health and Safety Executive for Northern Ireland of the risk.

Authorised Representatives

Reassessment of conformity

Periodic inspection and repeated use

Misleading and other markings

PART1 — Radiation Emergencies

Interpretation of Part 1

Evaluation and risk assessment

Emergency plans

Principles and purposes of emergency plans

Review and testing of emergency plan

Duties of drivers, escort commanders, masters, carriers and consignors in the event of a radiation emergency

Emergency exposures: employees

Disapplication of dose limits

8

• (1) Regulation 12 of the 2017 Regulations does not apply to an emergency worker, where that emergency worker—

• (a) is engaged in preventing the occurrence of a radiation emergency; or

• (b) is acting to mitigate the consequences of a radiation emergency.

• (2) An emergency worker may be exposed to an effective dose not exceeding 500mSv whilst they are undertaking the activities set out in sub-paragraph (1).

Reference levels

9

• (1) The carrier and consignor shall ensure the emergency plan prioritises keeping doses below a 100 mSv reference level or the emergency specific reference level if applicable.

• (2) Where the response to a radiation emergency is underway, arrangements for the determination of specific reference levels, to optimise the response, may be made by the Northern Ireland competent authority.

• (3) In arranging the determination of a specific reference level under sub-paragraph (2), the Northern Ireland competent authority shall take advice from the person coordinating the response to the radiation emergency.

Packages involved in a radiation emergency

10

A package which has been involved in a radiation emergency shall not be carried or caused to be carried, unless—

• (a) the consignor or the consignor’s agent has examined the package; and

• (b) the consignor has issued a certificate indicating that the consignor is satisfied the package complies with the requirements of these Regulations.

Prior information to the public

11

• (1) The Northern Ireland competent authority shall make available to the public information about the nature and effect of a radiation emergency.

• (2) The information to be provided under sub-paragraph (1) shall include—

• (a) basic facts about radioactivity and its effects on persons and on the environment;

• (b) the consequences of a radiation emergency;

• (c) emergency measures envisaged to alert, protect and assist the general public in the event of an emergency;

• (d) appropriate information on action to be taken by the general public in the event of a radiation emergency; and

• (e) the authority or authorities responsible for implementing the emergency measures and actions referred to in paragraphs (c) and (d).

Duty to provide handover report to the authority responsible for recovery following a radiation emergency

12

• (1) The consignor of class 7 goods involved in a radiation emergency shall—

• (a) prepare a handover report; and

• (b) provide a copy of the handover report to the recovery authority.

• (2) For the purposes of this paragraph “handover report” means a report about a radiation emergency which—

• (a) includes the details of the incident giving rise to the emergency;

• (b) states whether the emergency plan was initiated and if so, state the actions (if any) taken by the driver, the escort commander, the carrier, the master and the consignor to assist in the handling of the radiation emergency;

• (c) states whether any part of the load involved in the emergency was contaminated and if so, state the steps taken by the consignor to arrange for—

• (i) the safe disposal of the relevant part of the load; and

• (ii) the decontamination of the relevant vehicle, train or vessel;

• (d) states any anticipated effects of the radiation emergency on the environment;

• (e) includes any other information which the consignor considers may assist in the transition from an emergency state.

• (3) The consignor shall consult the carrier of the relevant class 7 goods when preparing the handover report.

• (4) The consignor shall prepare the handover report and deliver it to the recovery authority as soon as reasonably practicable after the completion of the examination required by paragraph 6(5).

• (5) In this regulation, “recovery authority” means a Northern Ireland department.

PART2 — Notifiable Events

Duties of drivers, carriers and consignors in the event of a notifiable event

13

• (1) The driver of a vehicle or train, or the master of a vessel, carrying class 7 goods who discovers, or has reason to believe, that a notifiable event has occurred in relation to the vehicle, train or vessel shall, as soon as reasonably practicable, notify—

• (a) the police; and

• (b) the consignor.

• (2) If the carrier of any class 7 goods becomes aware of the occurrence of a notifiable event in relation to those goods the carrier shall, as soon as reasonably practicable, notify—

• (a) the police, if the driver, escort commander or master has not already done so; and

• (b) the Northern Ireland competent authority.

• (3) If the consignor of any class 7 goods becomes aware of the occurrence of a notifiable event in relation to those goods the consignor shall, as soon as reasonably practicable, notify—

• (a) the police, unless the driver, the escort commander, the carrier or the master has already done so; and

• (b) the Northern Ireland competent authority, unless the carrier has already done so.

• (4) If a notifiable event occurs the carrier shall ensure that, as soon as reasonably practicable, a report is made to the Northern Ireland competent authority.

• (5) The report required under sub-paragraph (4)—

• (a) shall be in a form approved by the Northern Ireland competent authority; and

• (b) shall contain all relevant information which the Northern Ireland competent authority has communicated to the carrier that it considers necessary.

• (6) In this paragraph, “notifiable event” means the theft or loss of the class 7 goods being carried.