The Carriage of Explosives Regulations (Northern Ireland) 2006

Miscellaneous functions of the Northern Ireland competent authority

32.  –

(1) Subject to paragraph (2), the Northern Ireland competent authority may issue certificates of approval where sub-section 9.1.2.1.2 of ADR requires such certificates to be issued by the competent authority in Northern Ireland.

(2) The Northern Ireland competent authority may only issue a certificate of approval where the appropriate fee has been paid in accordance with Schedule 2.

(3) A certificate issued by the Northern Ireland competent authority by reference to sub-section 9.1.2.1.2 of ADR shall–

(a) comply with that sub-section and sub-section 9.1.2.1.5 of ADR;

(b) comply with sub-section–

(i) 1.6.5.2; or

(ii) 1.6.5.3,

of ADR where applicable to the vehicle in question; and

(c) be valid for the period calculated in accordance with sub-section 9.1.2.1.4 of ADR.

(4) Any current certificate held by a person which–

(a) was issued to him by a competent authority under national provisions giving effect to the ADR Directive; and

(b) is in the form required by paragraph (3),

shall be deemed to be a certificate issued by the Northern Ireland competent authority under this regulation.

(5) Where a certificate referred to in paragraph (3)(a) is required pursuant to regulation 23 and Part 9 of ADR, in relation to the base vehicle of a new motor vehicle or its trailer, the Northern Ireland competent authority may instead issue a type approval for such a vehicle in the circumstances set out in and in accordance with sub-section 9.1.2.2.1 of ADR.

(6) Any type approval held by a person which–

(a) was issued to him by a competent authority under national provisions giving effect to the ADR Directive; and

(b) complies with sub-section 9.1.2.2.1 of ADR,

shall be deemed to be a type approval issued by the Northern Ireland competent authority under this regulation provided that no modification has been made to the base vehicle since the type approval was issued.

(7) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in Article 40(4) of the Health and Safety at Work (Northern Ireland) Order 1978.

(8) In this regulation, “base vehicle”has the meaning in sub-section 9.1.1.2 of ADR.