The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

Competent authority E+W+S

25.—(1) The competent authority in Great Britain for the purposes of these Regulations is determined in accordance with paragraphs (2) to (5).

(2) Subject to paragraph (3), the Health and Safety Executive is the competent authority for class 1 goods in relation to—

(a) classification pursuant to Section 2.2.1;

(b) special provisions 16, 178, 266, 271, 272, 278, 288, 309, 311 and 645 of Chapter 3.3;

(c) mixed packing instruction MP21 of Section 4.1.10, Sub-sections 4.1.5.15 and 4.1.5.18;

(d) the design approval of containers or compartments, in accordance with note a to Sub-section 7.5.2.2; and

(e) the functions in respect of mobile explosives manufacturing units mentioned in Sub-sections 6.12.5 and 7.5.5.2.3.

(3) The competent authority is the Secretary of State for Defence for functions—

(a) in relation to military explosives for—

(i) classification pursuant to Section 2.2.1;

(ii) special provisions 16, 178, 266, 271 and 645 of Chapter 3.3;

(iii) mixed packing instruction MP21 of Section 4.1.10, Sub-sections 4.1.5.15 and 4.1.5.18;

(iv) special provision W2 of Section 7.2.4; and

(v) the design approval of containers or compartments, in accordance with note a to Sub-section 7.5.2.2; and

(b) in relation to class 7 goods which—

(i) are, or form part of, an instrument of war;

(ii) are required for research into, or the development or production of, any such instrument or part of such instrument; or

(iii) are produced in the course of, or in connection with, such research, development or production.

[F1 (3A) [F2 The Office for Nuclear Regulation] is the competent authority for those functions in relation to the carriage of class 7 goods for which the Secretary of State for Defence is not the competent authority, except for the function in sub-section 1.10.1.6 of ADR (register of driver training certificates).]

(4) The competent authority for the functions set out in Sub-sections 1.9.5.1, 1.9.5.3.1 and 1.9.5.3.8 of ADR is the traffic authority responsible for the road that passes through the tunnel.

(5) The Secretary of State for Transport is the competent authority for all other functions.

(6) The GB competent authority may appoint a person to carry out a function of the GB competent authority under these Regulations and a reference in these Regulations to the performance of the function by the GB competent authority is to be treated as including a reference to the performance of the function by the person appointed.

(7) The person may be appointed to carry out the function in particular circumstances or generally.

(8) Paragraphs (9) and (10) apply if the 2007 GB competent authority appointed, or was deemed by regulation 67(5) of the 2007 Regulations to have appointed, a person to perform a competent authority function pursuant to regulation 67(1) of those Regulations and that appointment had effect immediately before the coming into force of these Regulations.

(9) The person appointed, or deemed appointed, under the 2007 Regulations is deemed to be a person appointed pursuant to paragraph (6) to perform the equivalent function in ADR or RID.

(10) But in the case of a function performed in relation to carriage by inland waterway, the GB competent authority is to be deemed to have performed the function under the equivalent provision of ADN as it was performed, or deemed performed, under ADR pursuant to regulation 67(1) of the 2007 Regulations.

(11) In this regulation—

[F3 (a) “military explosives” means any class 1 goods—

(i) under the control of the Secretary of State for Defence;

(ii) held for the service of the Crown for the purposes of the Ministry of Defence;

(iii) under the control of one of the armed forces; or

(iv) the carriage of which is certified by the Secretary of State for Defence to be in connection with the execution of a contract with the Secretary of State for Defence or with one of the armed forces; and]

(b) “traffic authority” is to be construed in accordance with section 121A of the Road Traffic Regulation Act 1984 M1 .

Textual Amendments

F1 Reg. 25(3A) inserted (24.10.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), regs. 1, 11(2)

F2 Words in reg. 25(3A) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 28(4) (with Sch. 4)

F3 Reg. 25(11)(a) substituted (24.10.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), regs. 1, 11(3)

Marginal Citations

M1 1984 c.27; section 121A was inserted by the New Roads and Street Works Act 1991 (c.22), Schedule 8, Part 2, paragraph 70 and amended by the Greater London Authority Act 1999 (c.29), section 271 and S.I. 1999/1820 and 2001/1400.