The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

Competent authority

8.—(1) Subject to the following paragraphs, the competent authority for Great Britain for all competent authority functions referred to in ADR and RID is the Secretary of State.

(2) The competent authority is the Executive for the functions of the competent authority in—

(a)relation to the classification of dangerous goods of class 1, except military explosives, of classes 2 to 6, 8 and 9 in accordance with Part 2 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)sub-section 3.1.2.6(b) of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(c)special provisions 16, 178, 266, 271 and 645 and special requirements 16, 178, 266, 271, and 645 of chapter 3.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail respectively, in relation to class 1 goods, except military explosives;

(d)special provisions 181, 237, 239, 250, 272, 278, 309 and 636(a) and special requirements 181, 237, 239, 250, 272, 278, 309 and 636(a) of chapter 3.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail respectively;

(e)chapter 4.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to pressure receptacles;

(f)mixed packing instruction MP21 of sub-section 4.1.10, sub-sections 4.1.5.15 and 4.1.5.18 of ADR in relation to carriage by road or of RID in relation to carriage by rail, in relation to class 1 goods, except military explosives;

(g)chapter 4.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to battery-wagons, battery-vehicles and MEGCs, the elements of which comprise cylinders, tubes, pressure drums and bundles of cylinders;

(h)relation to the construction and testing of pressure receptacles in accordance with sections 6.2.1 to 6.2.3 and 6.2.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(i)section 6.7.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to UN-certified MEGCs;

(j)chapter 6.8 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the construction, equipment, type approval, inspection, testing and marking of—

(i)battery-vehicles and battery-wagons; and

(ii)MEGCs,

the elements of which include cylinders, tubes, pressure drums and bundles of cylinders;

(k)relation to the design approval of containers or compartments for the carriage of class 1 goods, except military explosives, in accordance with sub-section 7.5.2.2, note a of ADR in relation to carriage by road or sub-section 7.5.2.2, note 1 of RID in relation to carriage by rail;

(l)relation to the loading and unloading of goods in sub-section 7.5.1.4 and section 7.5.11, note CV1 of ADR; and

(m)relation to the additional requirements for particular dangerous goods in special provisions S:1, S:8, S:9 and S:16 of chapter 8.5 of ADR.

(3) The competent authority is the Secretary of State for Defence for the functions of the—

(a)competent authority in relation to the classification of military explosives in accordance with Part 2 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b)competent authority in special provisions 16, 178, 266, 271 and 645 and special requirements 16, 178, 266, 271 and 645 of chapter 3.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail respectively in relation to military explosives;

(c)competent authority in mixed packing instruction MP21 of section 4.1.10, sub-sections 4.1.5.15 and 4.1.5.18 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to military explosives;

(d)competent military authority in special provision W2 of section 7.2.4 of RID; and

(e)competent authority in relation to the design approval of containers or compartments for the carriage of military explosives, in accordance with sub-section 7.5.2.2, note a of ADR in relation to carriage by road or sub-section 7.5.2.2, note 1 of RID in relation to carriage by rail.

(4) In regulation 7(8) and (9), 30(2) and 31(3), the competent authority for Great Britain shall be the authority that would be the competent authority for Great Britain for the battery-vehicle, battery-wagon, MEGC, UN-certified MEGC, tank or pressure receptacle in question pursuant to paragraph (1) to (3) if the functions conferred by those regulations were functions of the competent authority in the paragraph of ADR or of RID in relation to which those regulations make provision for different reference temperatures from those set out in the paragraphs in question.

(5) The competent authority as regards a state other than the United Kingdom is the authority designated as the competent authority in that State for any purpose in connection with ADR or RID.