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

Interpretation matters relating to the armed forces

3.—(1) In these Regulations a vehicle or a train shall be regarded as being owned by the armed forces when it is owned by—

(a) the Secretary of State for Defence and is used by Her Majesty’s Forces;

(b) visiting forces within the meaning of Part 1 of the Visiting Forces Act 1952(1); or

(c) any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(2),

and includes a vehicle which has been provided under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.

(2) In these Regulations a vehicle or a train is under the control of the armed forces when—

(a) a member of the crew on board is—

(i) a member of—

(aa) Her Majesty’s Forces; or

(bb) visiting forces within the meaning of Part 1 of the Visiting Forces Act 1952,

acting in the course of his duties; or

(ii) a member of the Ministry of Defence Police acting under the direction and control of the Chief Constable of the Ministry of Defence Police; or

(b) in the case of a vehicle, it is in a convoy escorted by a vehicle falling within sub-paragraph (a).

(3) In this regulation, “member of the Ministry of Defence Police” and “Chief Constable of the Ministry of Defence Police” shall be construed in accordance with section 1 of the Ministry of Defence Police Act 1987(3).

(1)

1952 c. 67.

(2)

1964 c. 5.

(3)

1987 c. 4; section 1(2)(a) was amended by the Police Act 1996 (c. 16), Schedule 7, paragraph 41; section 1(2)(c) was amended by the Police (Northern Ireland) Act 1998 (c. 32), Schedule 4, paragraph 16; pursuant to the Police (Northern Ireland ) Act 2000 (c. 32), section 78(2)(c), the reference in section 1(2)(c) to “a member of the Royal Ulster Constabulary” is to be construed as a reference to “a member of the Police Service of Northern Ireland”; the current section 1(5) was inserted by the Police Reform Act 2002 (c. 30), section 79(3).