The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007

PART 3GB COMPETENT AUTHORITY FUNCTIONS

Functions of the GB competent authority arising from requirements in ADR and RID

66.—(1) The GB competent authority shall perform those functions that are identified in ADR and RID as being the functions of a competent authority.

(2) The GB competent authority shall perform any function it is required to perform pursuant to paragraph (1) in accordance with any requirement relating to the performance of that function contained in ADR or RID.

The appointment of persons to perform the functions of the GB competent authority

67.—(1) The GB competent authority may appoint a person to perform a function which is a function of the GB competent authority by virtue of regulation 66(1).

(2) A person appointed to perform a function pursuant to paragraph (1) shall perform that function in accordance with the requirements of regulation 66(2).

(3) In relation to any function of the GB competent authority being performed by a person appointed to perform that function pursuant to paragraph (1), a reference in these Regulations to the performance of a function by the GB competent authority shall be a reference to the performance of the function by the person appointed pursuant to paragraph (1) unless the context requires otherwise.

(4) Paragraph (5) applies if the 2004 GB competent authority delegated a function set out in a provision of ADR or RID to another body pursuant to regulation 26(4) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(1) and that delegation had effect immediately before the coming into force of these Regulations.

(5) The body to whom the function was delegated shall be deemed to be a person appointed pursuant to paragraph (1) to perform the equivalent function contained in the version of ADR or RID applicable from 1st January 2007.

Fees in relation to functions of the GB competent authority

68.—(1) This regulation applies where a person has asked—

(a) the GB competent authority; or

(b) a person who has been appointed to perform a function pursuant to regulation 67(1),

to perform a function of the GB competent authority.

(2) The—

(a) GB competent authority; or

(b) person who has been appointed to perform a function pursuant to regulation 67(1),

may charge a fee in connection with the performance of the function.

(3) The fee shall be payable by the applicant.

(4) Any fee charged shall be reasonable for the work performed in connection with the performance of the function.

(5) The power in paragraph (2) includes the power to require payment of fees (or a reasonable estimate) in advance of carrying out the work requested by the applicant.

Appointment of persons as a body or expert

69.—(1) This regulation applies where, by virtue of regulation 66(1), it is a function of the GB competent authority to approve or authorise a body or expert to carry out, witness, supervise or waive an inspection, examination, test or approval.

(2) The approval or authorisation shall be by appointment.

(3) A person appointed as a body or expert pursuant to regulation 29 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 whose appointment is in force immediately before the coming into force of these Regulations shall be deemed to have been appointed as a body or expert pursuant to paragraph (2) on the same terms as applied to the appointment pursuant to regulation 29.

Certain functions to be deemed to have been performed by the GB competent authority pursuant to regulation 66(1)

70.—(1) Paragraph (3) applies—

(a) if the 2004 GB competent authority or a person to whom a function had been delegated by the 2004 GB competent authority pursuant to regulation 26(4) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 carried out a function set out in a provision of ADR or RID that was conferred on the GB competent authority by regulation—

(i) 27;

(ii) 28;

(iii) 30;

(iv) 31;

(v) 35(1);

(vi) 35(2);

(vii) 35(3);

(viii) 35(7); or

(ix) 35(9),

of, and Schedule 3 to, the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004; or

(b) if the Secretary of State issued a certificate pursuant to regulation 62 of the Radioactive Material (Road Transport) Regulations 2002(2).

(2) But paragraph (3) only applies—

(a) in relation to the regulations and Schedule mentioned in paragraph (1)(a), if—

(i) the approval granted or validated;

(ii) the matter recognised;

(iii) the requirement or provision imposed;

(iv) the packing group assigned; or

(v) the certificate issued,

pursuant to the regulation and Schedule, and in consequence of the performance of a function set out in a provision of ADR or RID, had effect immediately before the coming into force of these Regulations; or

(b) in relation to the regulation mentioned in paragraph (1)(b), the certificate issued had effect immediately before the coming into force of these Regulations.

(3) The GB competent authority shall be deemed to have performed the function pursuant to regulation 66(1).

(4) In relation to—

(a) a function conferred by the regulations and Schedule mentioned in paragraph (1)(a), the function shall be deemed to have been performed under the same provision of ADR or RID as it was performed under pursuant to those regulations and Schedule; or

(b) the regulation mentioned in paragraph (1)(b), the Table in Schedule 6 shall have effect for determining in relation to which function in ADR the function is to be deemed to be performed.

(5) If there is more than one option as to the function to be deemed performed pursuant to paragraph (4)(b) and Schedule 6, the function deemed performed shall be that function which would have been performed if the person who requested that the Secretary of State issue the certificate had instead requested that the GB Competent Authority perform a function pursuant to regulation 66(1) in relation to the same matter.

(6) If there is more than one option as to the ADR reference in which the function to be deemed performed pursuant to paragraph (4)(b) and Schedule 6 is to be deemed set out, the reference shall be that reference in which the function deemed performed would have been set out if the person who requested that the Secretary of State issue the certificate had instead requested that the GB Competent Authority perform a function pursuant to regulation 66(1) in relation to the same matter.

(7) An approval granted pursuant to—

(a) sub-paragraph (e)(ii) of Schedule 9 to the Carriage of Dangerous Goods by Rail Regulations 1996(3); or

(b) paragraph 6(f)(ii) of Schedule 4 to the Carriage of Dangerous Goods by Road Regulations 1996(4),

shall be deemed to be an approval granted pursuant to regulation 66(1) of these Regulations by the GB competent authority in exercise of the function set out in note a of Sub-section 7.5.2.2.

(8) A vocational training certificate issued pursuant to—

(a) regulation 7(1) of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999(5); or

(b) regulation 32(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004,

shall be deemed to be a certificate issued pursuant to regulation 66(1) of these Regulations by the GB competent authority in exercise of the function in Sub-section 1.8.3.7.

(9) A driver training certificate issued pursuant to—

(a) regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996(6); or

(b) regulation 33(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004,

shall be deemed to be a certificate issued pursuant to regulation 66(1) of these Regulations by the GB competent authority in exercise of the function in Sub-section 8.2.1.1.

(10) A packaging which has been registered with the—

(a) Health and Safety Executive; or

(b) Secretary of State for Defence,

pursuant to regulation 11(1)(a)(ii) of the Packaging of Explosives for Carriage Regulations 1991(7) shall be deemed to have had a certificate and mark issued in relation to it by the GB competent authority pursuant to regulation 66(1) of these Regulations in exercise of the function in Sub-section 6.6.5.4.1.

(1)

S.I. 2004/568; amended by S.I. 2005/ 1082, 2005/1732, 2005/2929, 2006/557 and S.S.I 2005/344.

(2)

S.I. 2002/1093; amended by S.I. 2003/1867.

(3)

S.I. 1996/2089; all regulations, except regulations 3 and 4, were revoked by S.I. 2004/568, Schedule 14; there are amendments not relevant to these Regulations.

(4)

S.I. 1996/2095; all regulations, except regulations 5, 6 and 20, were revoked by S.I. 2004/568, Schedule 14; there are amendments not relevant to these Regulations.

(5)

S.I. 1999/257; revoked by S.I. 2004/568, Schedule 14.

(6)

S.I. 1996/2094; revoked by S.I. 2004/568, Schedule 14.

(7)

S.I. 1991/2097; revoked by S.I. 2004/568, Schedule 14.