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

Changes over time for: Section 2

Version Superseded: 31/12/2020

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Interpretation - GeneralE+W+S

This section has no associated Explanatory Memorandum

2.—(1) The provisions of this regulation apply for the purposes of interpreting these Regulations.

(2) Any reference in these Regulations to a “Part”, “Chapter”, “Section” or “Sub-section”, unless the context requires otherwise, is to be construed—

(a)in relation to the carriage of goods by road, as a reference to that Part, Chapter, Section or Sub-section of ADR;

(b)in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID; and

(c)in relation to the carriage of goods by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADN.

(3) Where an expression is defined in ADR, RID or ADN and is not defined in these Regulations, it has the same meaning as in—

(a)ADR in relation to carriage by road;

(b)RID in relation to carriage by rail; and

(c)ADN in relation to carriage by inland waterway.

(4) 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.

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

Table

Column 1	Column 2
“the 2007 Regulations”	The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 M1.
“ADN”	The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway M2, as revised or reissued from time to time.
“ADR”	Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road M3, as revised or reissued from time to time. But— (a)to the extent that a reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; and (b)in regulation 14(6)(b) it means Annexes A and B as in force on the date in question.
“armed forces”	Means— (a)one of Her Majesty's Forces within the meaning of the Armed Forces Act 2006 M4; (b)the Ministry of Defence Police M5; (c)a visiting force within the meaning of Part 1 of the Visiting Forces Act 1952 M6; or (d)a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 M7.
[F1“civil carriage of class 7 goods”	The carriage of class 7 goods by road, rail or inland waterway otherwise than for the purposes of the department of Secretary of State having responsibility for Defence.]
[F2“conformity assessment”	The assessment and the procedure for assessment of conformity set out in the Directives.]
[F3“conformity mark”	The mark referred to in article 14 of the Transportable Pressure Equipment Directive, the form of the mark being set out in article 15 of that Directive.]
“COTIF”	The Convention concerning International Carriage by Rail M8, as revised or re-issued from time to time.
“the Dangerous Goods Directive”	Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods M9, as amended from time to time.
[F4“the Directives”	The Dangerous Goods Directive and the Transportable Pressure Equipment Directive.]
“fire and rescue authority”	The fire and rescue authority under the Fire and Rescue Services Act 2004 M10
“the GB competent authority”	The competent authority in Great Britain for the purposes of these Regulations as determined under regulation 25. But a reference to “2007 GB Competent Authority” is a reference to the competent authority in Great Britain for the purposes of the 2007 Regulations.
“national carriage”	Carriage that includes carriage in Great Britain and does not include carriage outside the United Kingdom.
F5. . .	F5. . .
[F6“relevant member State”	A member State of the EU on whose market the equipment in question has been made available.]
“RID”	The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF M11, as revised or reissued from time to time. But— (a)to the extent that a reference in these Regulations to RID is a reference to RID as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; and (b)in regulation 14(6)(b) it means the Annex as in force on the date in question.
“the security provisions”	The prohibitions and requirements of Chapter 1.10 (including those requirements deemed to be part of ADR in consequence of regulations 7 and 8.)
[F7“TPED competent authority”	The GB competent authority or the competent national authority in respect of the Transportable Pressure Equipment Directive in Northern Ireland or another member State of the EU.]
[F8“the Transportable Pressure Equipment Directive”	Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC. ]
“vehicle”	Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” are to be omitted.
“wagon”	Has the meaning given in article 2 of the Dangerous Goods Directive.