OpenLegislation

Regulation 2 Interpretation - GeneralI1

Northern Ireland

(1)

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

(2)

In these Regulations, any reference to a “Part”, “Chapter”, “Section” or “Sub-section” shall 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 meaning as defined 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 1Column 2
“the 2006 Regulations (1)”The Carriage of Explosives Regulations (Northern Ireland) 2006 f1.
“the 2006 Regulations (2)”The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 f2
F1“the 2010 Regulations (1)” The Carriage of Explosives Regulations (Northern Ireland) 2010.
“the 2010 Regulations (2)”The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010.
“ADN”

The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway f3, 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 Roadf4, as revised or reissued from time to time.

But—

  1. (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 2006 Regulations (1), it has the same meaning as in regulation 2 of those Regulations; and

  2. (b)

    in regulation 14(6)(b) it means Annexes A and B as in force on the date in question.

F2“the Annexes” Subject to paragraphs (6) and (7), Annexes I and II to the Dangerous Goods Directive.
“armed forces”

Means—

  1. (a)

    one of Her Majesty’s Forces within the meaning of the Armed Forces Act 2006f5;

  2. (b)

    the Ministry of Defence Policef6;

  3. (c)

    a visiting force within the meaning of Part 1 of the Visiting Forces Act 1952f7; or

  4. (d)

    a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964f8.

F3. . .. . .
“COTIF”The Convention concerning International Carriage by Railf9, as revised or reissued from time to time.
“the Dangerous Goods Directive” F4Subject to paragraphs (6) and (7), Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goodsf10, F5as it had effect immediately before IP completion day.
“fire and rescue authority”The fire and rescue authority for Northern Ireland established under the Fire and Rescue Services (Northern Ireland) Order 2006 f11
“the Northern Ireland competent authority”

The competent authority in Northern Ireland for the purposes of these Regulations as determined under regulation 17.

But a reference to “2006 Northern Ireland Competent Authority” is a reference to the competent authority in Northern Ireland for the purposes of the 2006 Regulations (1).

“national carriage”Carriage that includes carriage in Northern Ireland and does not include carriage outside the United Kingdom.
“RID”

The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIFf12, as revised or reissued from time to time.

But—

  1. (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 2006 Regulations (1), it has the same meaning as in regulation 2 of those Regulations; and

  2. (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 8 and 9.)

“the Transportable Pressure Equipment Directive ”

F6Directive 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” shall be omitted.
“wagon”Has the meaning given in article 2 of the Dangerous Goods Directive.
F7(6)

References to—

(a)

“the Annexes”; and

(b)

“the Dangerous Goods Directive”,

are subject to the modifications identified in paragraph (7).

(7)
(a)

Section I.1 of Annex I; and

(b)

Section II.1 of Annex II—

to the Dangerous Goods Directive are to be read as if “as applicable with effect from 1 January 2019,” had been omitted.

Annotations

Textual amendments

F1

Words in reg. 2(5) Table inserted (28.5.2012) by The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), regs. 1, 3(2)

F2

Words in reg. 2(5) Table inserted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 3(2)

F3

Words in reg. 2(5) Table removed (28.5.2012) by virtue of The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), regs. 1, 3(3)

F4

Words in reg. 2(5) Table inserted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 3(3)(a)

F5

Words in reg. 2(5) Table substituted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 3(3)(b)

F6

Words in reg. 2(5) Table substituted (28.5.2012) by The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), regs. 1, 3(4)

F7

Reg. 2(6)(7) inserted (31.12.2020) by The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/340), regs. 1, 3(4)

Commencement

I1

Reg. 2 in operation at 9.4.2010, see reg. 1

Footnotes

f1

S.R. 2006 No. 182

f2

S.R. 2006 No.173

f3

ISBN 9789211391343 (2009 edition)

f4

ISBN 9789211391336 (2009 edition)

f5

2006 c.52.

f6

See section 1(1) of the Ministry of Defence Police Act 1987 (c.4).

f7

1952 c.67.

f8

1964 c.5.

f9

Cm 3812; COTIF was modified by the Protocol signed at Vilnius on 3rd June 1999 (Cm 4873).

f10

OJ No. L260, 30.9.2008, p.13.

f11

S.I. 2006 No. 1254 (N.I. 9)

f12

ISBN 9788086206394 (2009 edition).