Citation and commencement

1.  These Regulations may be cited as the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 and come into operation on 28 May 2012.

Amendment of Regulations

2.  The Carriage of Explosives Regulations (Northern Ireland) 2010 (2) are amended as provided for in regulations 3 to 9.

Interpretation – General

3.—(1) In regulation 2, the Table in paragraph (5) is amended as follows.

(2) After the row in which the expression “the 2006 Regulations(2)” is given a meaning, insert—

(3) The row in which the expression “conformity mark” is given expression is removed.

(4) For the meaning of “the Transportable Pressure Equipment Directive” in column 2 substitute—

Interpretation of ADR, RID and ADN

4.—(1) Regulation 3 is amended as follows.

(2) In paragraphs (b) and (c), for “Communities” substitute “EU”.

(3) Omit paragraph (f).

(4) In paragraph (i) at the end omit “and”.

(5) In paragraph (j) at the end for “.” substitute—

“(k)Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a “Contracting Party” were included after the word “assigned”; and

(l)Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a member State of COTIF” were included after the word “assigned”.”

Classification of goods

5.  Regulation 6 (Classification of goods) is revoked.

Derogations and transitional provisions

6.—(1) Regulation 12 is amended as follows.

(2) In paragraph (3)—

(a)Substitute “shall be” for “is”.

(b)Remove the reference to the words “to be”.

(c)Before “Dangerous”, insert “Carriage of”.

Old pressure receptacles

7.—(1) Regulation 14 is amended as follows.

(2) In paragraph (4)(b)(i) for “29(1) of the 2006 ” substitute “25(2) of the 2010 ”.

(3) In paragraph (6)(d) for “article 5” substitute “article 13 and Annex 3” and for “(including regulation 40 of the 2006” substitute “(including regulation 17 of the 2010”.

Competent authority

8.  For regulation 17(9) substitute—

“(9) “Military explosive” means any class 1 goods—

(i)under the control of the Secretary of State for Defence;

(ii)held for the service of the Crown for the purpose of the Ministry of Defence;

(iii)under the control of the armed forces, or

(iv)the carriage of which is certified by the Secretary of State for Defence to be in connection with the execution of a contract with the Secretary of State for Defence or with one of the armed forces.”.

Enforcement

9.  For Regulation 22 substitute—

“22.—(1) The enforcing authority for these Regulations is—

(a)the Department of Justice in relation to road, rail and inland waterways;

(b)the Chief Constable in relation to road; and

(c)the Secretary of State for Defence in relation to road, rail and inland waterways but only in connection with those functions for which the Secretary of State for Defence is the Northern Ireland competent authority.”

Revocations

10.  The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991(10) are revoked.

Consequential amendments

11.  The statutory provisions specified in the Table in the Schedule are amended in accordance with the provisions of that Table.

Regulation 11

SCHEDULE 1Amendments

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make fairly minor amendments to The Carriage of Explosives Regulations (Northern Ireland) 2010 (“the 2010 Regulations (1)”) as a result of Directive 2010/35/EU of the European Parliament and of 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 (OJ L165, 30.6.2010, p.1). These Regulations also include a provision prohibiting the carriage of explosives unless they have been classified by an appropriate authority.

Regulation 3 amends the Table in regulation 2 of the 2010 Regulations (1) by inserting new defined terms, removing an unnecessary definition and updating the meaning of the “Transportable Pressure Equipment Directive” so that it refers to the 2010 Directive.

Regulation 4 amends regulation 3 of the 2010 Regulations (1) in respect of the interpretation of ADR, RID and ADN for the purpose of those Regulations. A redundant provision is removed and “EU” is substituted for “Communities” to reflect European institutional reform. References to “competent authority” are inserted in ADR and RID text relating to the classification of class 1 goods. This latter change allows for the revocation of the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991.

Regulation 5 revokes regulation 6 (Classification of Goods) of the 2010 Regulations (1).

Regulation 6 amends regulation 12(3) of the 2010 Regulations (1) to reflect the fact that the name of the document will be changed.

Regulation 7 amends regulation 14 to reflect the fact that the Department of Trade and Enterprise have made the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 and to update references to refer to the new EU Directive 2010/35/EU.

Regulation 8 amends regulation 17 of the 2010 Regulations (1) to provide a definition for military explosives and clarifies that the Department of Justice is responsible for the classification of commercial explosives.

Regulation 9 amends regulation 22 of the 2010 Regulations (1) to name the Chief Constable as enforcing authority in respect of carriage by roads and adds the Secretary to State for Defence as an enforcing authority.

Regulation 10 revokes the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991.

Regulation 11 provides for consequential amendments as the result of the revocation of the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991.

The Explanatory Memorandum is available alongside this instrument at www.legislation.gov.uk (this will be available when the Regulations have been made). An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.