PART IIIE+W+S MISCELLANEOUS

FeesE+W+S

12.—(1) On the making of an application to the Executive for—

(a)the appointment of a notified body or an approved body;

(b)the amendment of an existing appointment of such a body; or

(c)the approval of a standard for the purposes of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR,

there shall be payable by the applicant in connection with the performance by or on behalf of the Executive of its functions in relation to that application the relevant fee mentioned in paragraph (2).

(2) The fees referred to in paragraph (1) are—

(a)in respect of sub-paragraphs (a) or (b)—

(i)a fee of £283 for processing the application, and

(ii)such fee as is reasonable in light of the actual work performed in respect of the determination of the suitability of the applicant for appointment or for the amendment of an existing appointment; and

(b)in respect of sub-paragraph (c), such fee as is reasonable in light of the actual work performed in respect of the approval of the standard.

(3) A fee, which shall be reasonable in light of the actual work performed, shall be payable by the relevant notified body or approved body in respect of any inspection undertaken by or on behalf of the Executive in accordance with regulation 10(5).

(4) Subject to paragraph (5), where an application has been made to a notified body or an approved body in accordance with these Regulations, the notified body or approved body, as the case may be, may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 10(3)(c) as it may determine.

(5) The fees referred to in paragraph (4) shall not exceed—

(a)the costs incurred or to be incurred by the notified body or approved body in performing the relevant function; and

(b)an amount on account of profit which is reasonable in the circumstances having regard to—

(i)the character and extent of the work done or to be done by that body on behalf of the applicant, and

(ii)the commercial rate normally charged on account of profit for that work or similar work.

(6) The power in paragraph (4) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

DefenceE+W+S

13.—(1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove—

(a)that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and

(b)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days—

(a)before the hearing to determine mode of trial, where the proceedings are in England or Wales;

(b)before the immediate diet, where the proceedings are summary proceedings in Scotland; or

(c)before the first diet, where the proceedings are solemn proceedings in Scotland,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

(3) Where a contravention of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.

Amendments and savingE+W+S

14.—(1) In the Order of Secretary of State (No. 9), dated June 23, 1919, relating to compressed acetylene contained in a porous substance M1, for the purpose of deeming acetylene not to be an explosive, conditions (1) to (4) and (11) shall be deemed to have been satisfied in respect of any cylinder which complies with the provisions of these Regulations.

(2) Order in Council No. 30 M2 shall not apply to the importation or use at work of acetylene in a transportable pressure vessel which complies with the provisions of these Regulations.

(3) In the Compressed Acetylene (Importation) Regulations 1978 M3, after regulation 1 there shall be inserted the following regulation—

“1A.

These Regulations shall not apply to any transportable pressure vessel which complies with the provisions of the Transportable Pressure Vessels Regulations 2001.”.

(4) In the Carriage of Dangerous Goods by Rail Regulations 1996 M4—

(a)in regulation 2(5) and (7), for the words “1st July 2001” there shall be substituted “ 1st July 2003 ”;

(b)in regulation 9(1), for the words “30th June 2001” there shall be substituted “ 30th June 2003 ”; and

(c)in the title to Schedule 1, for the words “1ST JULY 2001” there shall be substituted “ 1ST JULY 2003 ”.

(5) The CDGCPL Regulations shall be amended in accordance with Schedule 8.

(6) In the Carriage of Dangerous Goods by Road Regulations 1996 M5—

(a)in regulation 11(1)—

(i)in sub-paragraph (a), for the words “1st July 2001” there shall be substituted “ 1st July 2003 ”, and

(ii)in sub-paragraph (b), for the words “30th June 2001” there shall be substituted “ 30th June 2003 ”;

(b)in the title to Schedule 3, for the words “1ST JULY 2001” there shall be substituted “ 1ST JULY 2003 ”; and

(c)in paragraph 11 of Schedule 10, for the words “1st July 2001” there shall be substituted “ 1st July 2003 ”.

(7) In the Pressure Systems Safety Regulations 2000 M6—

(a)in regulation 2(1)—

(i)in the definition of “pressure system”, after the words “but does not include a transportable pressure receptacle” there shall be added the words “ or a transportable pressure vessel ”; and

(ii)after the definition of “transportable pressure receptacle” there shall be inserted the following definition—

““transportable pressure vessel” has the same meaning as in regulation 2(1) of the Transportable Pressure Vessels Regulations 2001;”;

and

(b)in regulation 9(3), there shall be deleted the words “and regulation 14(4)”.

(8) Any certificate or record which was required to be kept under paragraph 10 of Schedule 8 to the CDGCPL Regulations shall continue to be kept as if these Regulations had not been made.