Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997

Regulation 22(4)

SCHEDULE 6AMENDMENTS TO THE PRESSURE SYSTEMS AND TRANSPORTABLE GAS CONTAINERS REGULATIONS (NORTHERN IRELAND) 1991

1.  The Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991 shall be amended in accordance with paragraphs 2 to 10.

2.  In regulation 2 (Interpretation)—

(a)the definitions of “approved design standard”, “approved design specification”, “design specification”, “design standard”, “EEC-type cylinder” and “separate Directives” shall be deleted;

(b)in the definition of “examination”—

(i)for the words “scrutiny of a pressure system, part of a pressure system, or a transportable gas container,” there shall be substituted the words “scrutiny of a pressure system or part of a pressure system”, and

(ii)for the words “(in the case of a mobile system or transportable gas container)” there shall be substituted the words “(in the case of a mobile system)”;

(c)in the definition of “owner” the words “or transportable gas container” and the words “or the transportable gas container” shall be deleted;

(d)in the definition of “pressure system” for the words “transportable gas container”, in each place where they occur, there shall be substituted the words “transportable pressure receptacle”;

(e)in the definition of “system failure” the words “or transportable gas container” shall be deleted; and

(f)for the definition of “transportable gas container” there shall be substituted—

• ““transportable pressure receptacle” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 (S.R. 1997 No. 247).”.

3.  In regulation 3 (Application and duties)—

(a)for paragraph (1) there shall be substituted—

“3.—(1) Subject to Schedule 2 (which sets out exceptions to the Regulations), these Regulations shall apply to, or in relation to, pressure systems which are used or intended to be used at work.”; and

(b)in paragraph (3) the words “or transportable gas container” and “container” in each place where they occur, shall be deleted.

4.  In regulation 4 (Design, construction, repair and modification)—

(a)in paragraph (1) the words “or transportable gas container” in each place where they occur, shall be deleted;

(b)in paragraphs (2) and (3) for the words “The pressure system, transportable gas container, or article,” there shall be substituted the words “The pressure system or article,”;

(c)in paragraph (5) the words “and transportable gas container” shall be deleted; and

(d)in paragraph (6) the words “or transportable gas container” shall be deleted.

5.  Regulations 16 to 22 are hereby revoked.

6.  In regulation 24 (Power to grant exemptions), for sub-paragraph (1) there shall be substituted—

“24.—(1) Subject to paragraph (2), the Department may, by a certificate in writing, exempt—

(a)any person or class of persons; or

(b)any type or class of pressure system,

from the application of any of the requirements or prohibitions imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.”.

7.  Insofar as they relate to transportable gas containers Schedule 1 (Coming into operation of the Regulations and Transitional Provisions) and Schedule 2 (Exceptions to the Regulations) are hereby revoked.

8.  In Schedule 2 (Exceptions to the Regulations) in Part I—

(a)for paragraph 9 there shall be substituted the following paragraph—

“9.  A tank to which the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 apply.”;

(b)after paragraph 11 there shall be added the following paragraph—

“11A.  Any pressure system or transportable gas container being carried in a vehicle if the vehicle is engaged in an international transport operation within the meaning of article 1(c) of ADR, as revised or reissued from time to time, in accordance with regulation 3(1)(c)(ii) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997.”.

9.  In Schedule 2 (Exceptions to the Regulations) in Part II—

(a)for paragraph 2(a) there shall be substituted—

“(a)it has been used in the carriage of dangerous goods to which the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 (S.R. 1997 No. 248) applied or would have applied but for the application of any of paragraph 1(a) to (d) of Schedule 2 thereto;”;

(b)for paragraph 2(c) there shall be substituted—

“(c)it is present solely for the purpose of unloading the goods from it.”;

(c)for paragraph 3(a) there shall be substituted—

“(a)it has been used in the carriage of dangerous goods in which the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 (S.R. 1997 No. 248) applied or would have applied but for the application of any of paragraph 1(a) to (d) of Schedule 2 thereto;”;

(d)for paragraph 3(b) there shall be substituted—

“(b)the tank container is present solely for the purpose of being loaded with the goods to be carried.”.

10.  Schedule 5 (Fees on application for approvals) is hereby revoked.