Regulation 2 InterpretationI1

In these Regulations—

• “the 1992 Regulations” means the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992^f1;

• “approval” has the meaning assigned to it by regulation 4(1)(a);

• “the Convention” means the International Convention for Safe Containers 1972, as amended^f2;

• “container” means an article of transport equipment, excluding a vehicle or packaging or any article of transport equipment designed solely for use in air transport, which is—

  1. (a)

     of a permanent character and accordingly strong enough for repeated use;

  2. (b)

     designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading;

  3. (c)

     designed to be secured or readily handled or both, having corner fittings for these purposes; and

  4. (d)

     of a size such that the area enclosed by the outer bottom corners is either—

     1. (i)

        if the container is fitted with top corner fittings, at least 7 square metres, or

     2. (ii)

        in any other case, at least 14 square metres,

     and includes—

     1. (i)

        a container when carried on a chassis, and

     2. (ii)

        a swap body that is carried by or on board a sea-going ship, and that is not mounted on a road vehicle or rail wagon;

• “corner fittings” in relation to any container means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes;

• “designated area” means any area designated by Order under section 1(7) of the Continental Shelf Act 1964^f3 and “within a designated area” includes over and under it;

• “the Executive” means the Health and Safety Executive for Northern Ireland;

• “the Health and Safety Executive” means the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974^f4;

• “maintained” means maintained in an efficient state in efficient working order and in good repair;

• “maximum operating gross mass” means the maximum allowable sum of the mass of the container and its cargo;

• “safety approval plate” means a plate in the form and containing the information specified by Schedule 1;

• “swap body” means a container which is specially designed for carriage by road only or by rail and road only and is without stacking capability and top lift facilities;

• “territorial sea” means the territorial sea of the United Kingdom adjacent to Northern Ireland and “within the territorial sea” includes on, over and under it; and

• “use” means use for the purpose for which the container is designed but does not include—

  1. (a)

     movement to a place for remedial action if—

     1. (i)

        so far as is reasonably practicable the movement is without risk to the safety of any person; and

     2. (ii)

        the remedial action is carried out before the container is repacked with goods; or

  2. (b)

     in the case of an empty container—

     1. (i)

        transport to a place for testing to obtain approval; or

     2. (ii)

        delivery to its purchaser by the vendor or their agent.