The Carriage of Explosives Regulations (Northern Ireland) 2010

PART 3 N.I. EXEMPTIONS

Derogations and transitional provisions N.I.

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

(2) But paragraph (1) only applies for the purposes of—

[F1 (a) implementing a derogation authorised under article 6(2) to (4) of and listed in—

(i) section I.3 of Annex I, or

(ii) section II.3 of Annex II

to the Dangerous Goods Directive that had effect immediately before IP completion day, subject to the modifications in paragraph (3); or

(b) maintaining a transitional provision permitted by article 7 of and listed in—

(i) section I.2 of Annex I, or

(ii) section II.2 of Annex II

to the Dangerous Goods Directive, subject to the modifications in paragraph (3); or]

(c) ensuring that carriage to which these Regulations apply but to which the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).

[F2 (3) The modification referred to in paragraphs (2)(a) and (b) apply to the identified sections of those Annexes to the Dangerous Goods Directive, and are that any reference to a member State is to be read as a reference to—

(a) the UK, or

(b) a member State of the EU.]

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(7) This regulation does not limit the power to grant an authorisation under regulation 13(1) [F4 or an exception under regulation 12A(1)].

Textual Amendments

F1 Reg. 12(2)(a)(b) substituted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(2)

F2 Reg. 12(3) substituted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(3)

F3 Reg. 12(4)(5) omitted (31.12.2020) by virtue of The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(4)

F4 Words in reg. 12(7) inserted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 4(5)

Commencement Information

I1 Reg. 12 in operation at 9.4.2010, see reg. 1

[F5 Exceptions N.I.

12A.— (1) The Department of Justice may issue an exception from the requirements and prohibitions arising under Part 2 of these Regulations when satisfied that safety would not be compromised and either—

(a) the carriage is of small quantities of dangerous goods and the substances have neither a medium nor high level of radioactivity;

(b) the carriage is national carriage over short distances; or

(c) the carriage is national carriage by rail on routes designated by the Department of Justice as—

(i) forming part of a defined industrial process; and

(ii) being closely controlled under clearly specified conditions.

(2) An exception issued under paragraph (1) must not be for a period exceeding six years from the date of issue.

(3) Prior to issuing an exception, the Department of Justice—

(a) must consult the Northern Ireland competent authority; and

(b) may consult—

(i) the authorities identified in regulation 22 as being enforcing authorities for the carriage concerned, where that authority is not consulted pursuant to sub-paragraph (a); and

(ii) such other bodies as appear to the Department of Justice to be appropriate.

(4) The Department of Justice may renew, and in doing so may amend, an exception issued under paragraph (1) for a further period not exceeding six years from the date of renewal.

(5) The Department of Justice shall not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.

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

Textual Amendments

F5 Regs. 12A, 12B inserted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 5

Documentation of exemptions and exceptions N.I.

12B.— (1) Where any—

(a) exemption is granted pursuant to regulation 12(1); or

(b) exception is issued pursuant to regulation 12A(1),

that exemption or exception is to be set out in a document called “Carriage of Dangerous Goods: Approved Derogations, Transitional Provisions and Exceptions” (in this regulation referred to as “the document”).

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

(3) In the document the Department of Justice must set out—

(a) the types of carriage to which the exemption or exception applies;

(b) the circumstances in which the exemption or exception applies;

(c) the requirements and prohibitions that do not apply pursuant to regulations 12(1) or 12A;

(d) any requirements and prohibitions that apply instead; and

(e) in the case of an exception, the date upon which it was first issued, the dates of any renewals under regulation 12A(4) and the date the exception is due to expire.]

Textual Amendments

F5 Regs. 12A, 12B inserted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 5

Authorisations N.I.

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.

Column 1	Column 2
The Secretary of State	The carriage is national carriage
The Secretary of State for Defence	The conditions are as follows— (i) the carriage is national carriage; and (ii) either— (aa) the authorisation relates to prohibitions and requirements arising out of functions for which the Secretary of State for Defence is the Northern Ireland competent authority; or (bb) it is in the interests of national security to disapply the prohibitions and requirements that are the subject of the authorisation; or (b) the carriage is by a vehicle or wagon belonging to or under the responsibility of one of the armed forces and it is not reasonably practicable for operational, training or security reasons related to the role of the armed forces for the prohibitions and requirements disapplied by the authorisation to apply to the carriage.

(2) An authorisation granted pursuant to paragraph (1) shall be in writing and shall set out—

(a) the carriage that is covered by the authorisation;

(b) the reason that the authorisation is being granted; and

(c) any time limit applicable to the validity of the authorisation.

(3) An authorisation granted pursuant to paragraph (1) may be—

(a) made subject to conditions; and

(b) withdrawn at any time by the provision of a notice in writing to that effect to the person authorised and that notice shall set out whether the withdrawal of the authorisation has effect immediately or has effect from a specified date.

(4) 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.

Commencement Information

I2 Reg. 13 in operation at 9.4.2010, see reg. 1

Old pressure receptacles N.I.

14.—(1) This regulation applies in relation to national carriage.

(2) 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.

(3) 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.

(4) The requirements are—

(a) the old pressure receptacle has not been subject to modification, major repair or re-rating which has put it outside the scope of the design standard or design specification to which it was originally constructed;

(b) the old pressure receptacle—

(i) has been approved by a person appointed pursuant to regulation [F6 25(2) of the 2010] Regulations (2) as being safe for use;

(ii) was found to be safe by an inspection body or a competent person in accordance with paragraph 4(2) of Schedule 2 to the 2006 Regulations (2) and marked accordingly,

and the time elapsed since the approval or the finding that the receptacle was safe does not exceed the intervals for periodic inspection specified in Tables 1 to 3 of Packaging Instruction P200 and Packing Instruction P203 in Section 4.1.4; and

(c) in respect of old pressure receptacles used for the carriage of acetylene, the operator has a written record of—

(i) the tare weight of the old pressure receptacle, including the porous substance and, where relevant, the acetone or other solvent;

(ii) the nature of solvent used; and

(iii) the maximum safe operating pressure of the old pressure receptacle.

(5) 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.

(6) In this regulation “old pressure receptacle” means a cylinder, tube, pressure drum, closed cryogenic receptacle or bundle of cylinders—

(a) constructed—

(i) in the case of cylinders, tubes and cryogenic receptacles, on or before 30th June 2003; and

(ii) in the case of other pressure receptacles, on or before 9th May 2004;

(b) which did not meet the design and construction requirements applicable to that receptacle that were set out in ADR or RID as in force on the date construction was completed;

(c) which did comply with the design and construction requirements imposed under the law of the United Kingdom in force on the date construction was completed; and

(d) which has not been subject to a reassessment of conformity pursuant to a provision of the law of the United Kingdom [F7 or an EEA State] giving effect to [F8 article 13 and Annex 3] of the Transportable Pressure Equipment Directive [F8 (including regulation 17 of the 2010] Regulations (2)).

Textual Amendments

F6 Words in reg. 14(4)(b)(i) substituted (28.5.2012) by The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), regs. 1, 7(2)

F7 Words in reg. 14(6)(d) substituted (31.12.2020) by virtue of The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 6

F8 Words in reg. 14(6)(d) substituted (28.5.2012) by The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), regs. 1, 7(3)

Commencement Information

I3 Reg. 14 in operation at 9.4.2010, see reg. 1

Carriage within the perimeter of an enclosed area N.I.

15.  Part 2 of these Regulations does not apply to the carriage of dangerous goods where such carriage is wholly performed within the perimeter of an enclosed area.

Commencement Information

I4 Reg. 15 in operation at 9.4.2010, see reg. 1

Carriage by road other than by vehicles N.I.

16.—(1) This regulation applies to carriage by road.

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

Commencement Information

I5 Reg. 16 in operation at 9.4.2010, see reg. 1