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3. In regulation 35, after paragraph (2) there shall be inserted the following paragraphs—
“(3) Paragraph (1) shall not apply to a vehicle if it carries apparatus for extinguishing fire which would meet the requirements of that paragraph were there substituted—
(a)for a reference in Schedule 4 to any British Standard, a reference to a corresponding standard;
(b)for the reference in Schedule 4 to a test fire rating of 8A or the reference in that Schedule to a test fire rating of 21B, a reference to an equivalent level of performance specified in the corresponding standard; and
(c)for the reference in paragraph (2)(b) to the appropriate British Standards Institution specification number, a reference to a marking indicating compliance with the corresponding standard.
(4) For the purposes of this regulation, “corresponding standard”, in relation to a British Standard, means—
(a)a standard or code of practice of a national standards body or equivalent body of any EEA State;
(b)any international standard recognised for use as a standard by any EEA State; or
(c)a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard code of practice, international standard or technical specification provides, in relation to fire extinguishers, a level of safety equivalent to that provided by the British Standard and contains a requirement as respects the markings of fire extinguishers equivalent to that provided by the British Standard.
(5) For the purposes of this regulation—
“EEA State” means a state which is a contracting party to the EEA Agreement but, until the EEA Agreement comes into force as regards Liechtenstein, does not include the State of Liechtenstein; and
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992(1) as adjusted by the Protocol signed at Brussels on 17 March 1993(2).”.
Cm 2073.
Cm 2183.
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