The provisions of this regulation apply for the purposes of interpreting these Regulations.

Where an expression is defined in the Transportable Pressure Equipment Directive and is not defined in these Regulations, it has the same meaning as in that Directive.

The expressions mentioned in column 1 of the Table have the meanings given in column 2.

These Regulations apply in relation to the carriage of dangerous goods by road and by rail.

These Regulations apply in relation to the carriage of dangerous goods by inland waterway but only to the extent that they apply Sub-sections 1.8.3.7 to 1.8.3.16 (which relate to the training and examination system for safety advisers and the connected issue and renewal of vocational training certificates).

The dangerous goods to which these Regulations apply are those to which the Explosives Acts (Northern Ireland) 1875 to 197017F17... or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 200619 apply F18and any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.

But this regulation does not apply in relation to carriage of any dangerous goods by a vehicle or wagon which belongs to or is the responsibility of one of the armed forces.

In Schedule 1 “emergency action code” is a reference to the emergency action code for the dangerous goods in question as listed in the Dangerous Goods Emergency Action Code List21, as revised or reissued from time to time.

For the purposes of regulation 5, the requirements set out in paragraphs (2) to (4) shall be deemed to be requirements of Chapter 1.10 of ADR.

But paragraph (2)(d) does not apply in an emergency.

The carrier of a vehicle used for the carriage of class 1 goods must not remove any class 1 goods from the consignor’s premises unless ready immediately to dispatch them to the consignee or a person authorised by the consignee to accept custody in the circumstances referred to in paragraph (2)(b)(ii)(aa).

For the purposes of regulation 5, the requirement set out in paragraph (2) shall be deemed to be a requirement of Chapter 1.10.

A person involved in the carriage of dangerous goods shall take all reasonable steps to ensure that unauthorised access to those goods is prevented.

This regulation applies in relation to the carriage of class 1 goods by road.

For the purposes of regulation 5, the exemption from the prohibitions and requirements of ADR provided for by Sub-section 1.1.3.1(a) of ADR (carriage by private individuals) is to be disregarded.

But paragraph (2) does not apply if the conditions specified in paragraphs (4) and (5) are satisfied.

This regulation applies in relation to the carriage of class 1 goods by road.

For the purposes of regulation 5, the requirements referred to in paragraph (3) apply to carriage that would, but for this paragraph, be exempt from those requirements because of the exemption set out in Sub-section 1.1.3.1(c) of ADR (carriage by enterprises which is ancillary to their main activity).

The Secretary of State may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.

Where any exemption F10shall be granted pursuant to paragraph (1), that exemption shall be set out in a document F11... called “F12Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions”.

The document may be revised in whole or in part from time to time.

The Secretary of State shall not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.

This regulation does not limit the power to grant an authorisation under regulation 13(1).

A person referred to in column 1 of the Table may grant an authorisation to a person or class of persons to carry dangerous goods in circumstances which are contrary to prohibitions and requirements arising under Part 2 of these Regulations, providing that the conditions specified in column 2 are satisfied in respect of that carriage.

Any authorisation granted, or deemed to be granted, pursuant to regulation 33 of the 2006 Regulations (1) that was in force immediately before the coming into operation of these Regulations shall be deemed to be an authorisation granted pursuant to paragraph (1) of this regulation and subject to the same conditions as were in force immediately before the coming into operation of these Regulations.

This regulation applies in relation to national carriage.

This regulation applies in relation to the carriage of dangerous goods which is not permitted under Part 2 of these Regulations because the old pressure receptacle used for that carriage cannot, by virtue of its design or construction, satisfy the requirements for the use of pressure receptacles set out in ADR or RID.

Subject to paragraph (5), the requirements in ADR or RID which cannot be complied with shall be disregarded for the purposes of Part 2 of these Regulations if the requirements of paragraph (4) are satisfied.

An old pressure receptacle, which is of seamless construction or has contained acetylene and in relation to which a modification, major repair or re-rating has been undertaken, shall not be used for the carriage of dangerous goods.

This regulation applies to carriage by road.

Part 2 of these Regulations does not apply to carriage where that carriage is not undertaken by a vehicle.

Subject to paragraph (2), the competent authority in Northern Ireland for the purposes of these Regulations is the Secretary of State.

The Northern Ireland competent authority may appoint a person to carry out a function of the Northern Ireland competent authority under these Regulations and a reference in these Regulations to the performance of the function by the Northern Ireland competent authority shall be treated as including a reference to the performance of the function by the person appointed.

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

Paragraphs (7) and (8) apply if the 2006 Northern Ireland competent authority appointed, or was deemed by regulation 26 of the 2006 Regulations (1) to have appointed, a person to perform a competent authority function pursuant to regulation 24 of those Regulations and that appointment had effect immediately before the coming into operation of these Regulations.

The person appointed, or deemed appointed, under the 2006 Regulations (1) shall be deemed to be a person appointed pursuant to paragraph (5) to perform the equivalent function in ADR or RID.

But in the case of a function performed in relation to carriage by inland waterway, the Northern Ireland competent authority shall 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 24 of the 2006 Regulations (1).

This regulation applies where a person has asked the Northern Ireland competent authority to perform a function which is, by virtue of regulation 18, a function of the Northern Ireland competent authority.

A fee may be charged for, or in connection with, the performance of the function by, or on behalf of, the Northern Ireland competent authority.

Any fee charged shall be reasonable for the work performed or to be performed.

But paragraphs (3) and (4) do not apply where the function was performed by appointment in accordance with regulation 26 of the 2006 Regulations (1).

The Northern Ireland competent authority shall be deemed to have performed the function pursuant to regulation 17 under the same provision of ADR or RID as it was performed pursuant to regulation 24 (1) of the 2006 Regulations (1).

In the case of a function performed in relation to carriage by inland waterway, the Northern Ireland competent authority shall be deemed to have performed the function under the equivalent provision of ADN as it was performed under ADR pursuant to regulation 24(1) of the 2006 Regulations (1).

An accident report of the kind referred to in Sub-section 1.8.3.6 shall be provided to the Northern Ireland competent authority or enforcement authority if requested.

A written record of the information contained in the transport document described in Chapters 5.4 and 5.5 shall be kept for a period of three months after the completion of the carriage in question.

The person charged shall not be entitled, without leave of the court, to rely on the defence referred to in paragraph (1) unless, at least seven clear days before the hearing to determine the mode of trial, he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, the other person, as was then in the person’s possession.

If a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, then that other person is guilty of the offence, which would, but for the defence in paragraph (1), be constituted by the act or default.