The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011

Regulation 17

SCHEDULE U.K. Amendments

The Dangerous Substances in Harbour Areas Regulations 1987 U.K.

1.  In regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987, for the definition of “military explosive”, substitute “ “military explosive” has the same meaning as in regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M1 ; ”.

Marginal Citations

M1 S.I. 2009/1348, as amended by S.I. 2011/1885.

The Docks Regulations 1988 U.K.

2.  In regulation 21(3)(d) of the Docks Regulations 1988, for “regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983”, substitute “ regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M2 ”.

Marginal Citations

M2 S.I. 2009/1348, as amended by S.I. 2011/1885.

The Control of Explosives Regulations 1991 U.K.

3.  In regulation 2(1) of the Control of Explosives Regulations 1991—

(a) omit the definition of “the 1983 Regulations”; and

(b) for the definition of “name”, substitute—

““name” means in relation to an explosive article or explosive substance—

(a)

the name under which it is or is to be marketed; or

(b)

in the case of a military explosive (within the meaning of regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M3 ), the name designated in writing for that explosive article or substance by the Secretary of State for Defence;”.

Marginal Citations

M3 S.I. 2009/1348, as amended by S.I. 2011/1885.

The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 U.K.

4.  In regulation 2(1) of the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993—

(a) omit the definition of “the 1983 Regulations”;

(b) in the definition of “explosives”, for “assigned on classification in accordance with the 1983 Regulations to”, substitute “ classified in accordance with the UN Recommendations as falling within ”; and

(c) at the end of the definition of “notified body”, for “.” substitute—

• “; and

• “UN Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26th April 1957)) M4 as revised or reissued from time to time.”.

Marginal Citations

M4 Current edition: 2011, ISBN 9789211391411.

The Marking of Plastic Explosives for Detection Regulations 1996 U.K.

5.  In regulation 2(1) of the Marking of Plastic Explosives for Detection Regulations 1996, for the definitions of “explosive article” and “explosive substance”, substitute—

““explosive article” means an article containing one or more explosive substances;

“explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of a vapour, which is—

(a)

capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or

(b)

designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;”.

The Dangerous Substances and Explosive Atmospheres Regulations 2002 U.K.

6.  In Schedule 5 to the Dangerous Substances and Explosive Atmospheres Regulations 2002, omit “The Classification and Labelling of Explosives Regulations 1983 (S.I. 1983/1140);”.

The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003 U.K.

7.  In regulation 2(2) of the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003 M5 —

(a) in the definition of “classified explosive”, for “Classification and Labelling of Explosives Regulations 1983” substitute “ UN Recommendations ”;

(b) omit “and” at the end of the definition of “sampling body”;

(c) at the end of the definition of “unique numbered copy”, for “.” substitute—

• “; and

• “UN Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26th April 1957)) M6 as revised or reissued from time to time.”.

Marginal Citations

M5 S.I. 2003/1082.

M6 Current edition: 2011, ISBN 9789211391411.

The Health and Safety (Fees) Regulations 2010 U.K.

8.—(1) The Health and Safety (Fees) Regulations 2010 M7 are amended as follows.

(2) In regulation 9 —

(a) in paragraph (7), for “, 6 and 7” substitute “ and 6 ”; and

(b) in paragraph (8) —

(i) for “, 6 and 7” substitute “ and 6 ”; and

(ii) omit the words from “, save that where in column 2” to the end of that paragraph.

(3) In Schedule 8 —

(a) omit Part 7; and

(b) in Part 8, omit entry (c).

Marginal Citations

M7 S.I. 2010/579.

The Pyrotechnic Articles (Safety) Regulations 2010 U.K.

9.—(1) The Pyrotechnic Articles (Safety) Regulations 2010 M8 are amended as follows.

(2) In regulation 46(5) insert at the end “ or the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M9 on or after 24th October 2011 ”.

(3) For regulation 47(5) substitute—

“(5) A theatrical pyrotechnic article or another pyrotechnic article or a category 4 firework that falls within paragraph (1) benefits from that provision whether it is classified—

(a) for the purposes of the Classification and Labelling of Explosives Regulations 1983 M10 before 24th October 2011;

(b) for the purposes of the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 M11 before or after 4th July 2013; or

(c) for the purposes of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 before or after 4th July 2013.”.

Marginal Citations

M8 S.I. 2010/1554.

M9 S.I. 2009/1348, as amended by S.I. 2011/1885.

M10 S.I. 1983/1140 as amended by the following S.I.s: 1996/2093, 1999/303, 2004/568, 2005/1082, 2007/1573 and 2010/1554. It was revoked by S.I. 2011/1885.

M11 S.R. (N.I.) 1991 No 516 as amended by S.R. (N.I.) 2006 No 182 and 2006 No 425.