3.—(1) The Dangerous Substances in Harbour Areas Regulations 1987(1) shall be amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)before the definition of “Approved Carriage List” insert—

““ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time(2)”;

(b)for the definition of “Approved Carriage List” substitute—

““approved list” means the list of goods in Table A of Chapter 3.2 of ADR;”;

(c)after the definition of “berth” insert—

““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(3);”;

(d)in the definition of “classification” for the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “the Carriage Regulations 2004”;

(e)for the definition of “Compatibility Group” and “Compatibility Group Number” substitute—

““Compatibility Group” and “Compatibility Group Number” have the same meaning as in the IMDG Code;”;

(f)for the definition of “Division” and “Division Number” substitute—

““Division” and “Division Number” have the same meaning as in the IMDG Code;”;

and

(g)in the definition of “portable tank”, for paragraph (b) substitute—

“(b)a tank as defined in the Carriage Regulations;”.

(3) In regulation 3(2)(b) (meaning of “dangerous substance”) for the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “the Carriage Regulations”.

(4) For regulation 24 substitute—

“Tanks and receptacles

24.  Where a dangerous substance is brought into a harbour or a harbour area from inland in—

(a)a tank, the operator of the tank shall ensure that it is correctly filled and complies with the requirements of the Carriage Regulations; or

(b)a receptacle, the consignor of that substance shall ensure that—

(i)the receptacle is designed, constructed, maintained and closed so as to prevent any of the contents escaping when subjected to the stresses and strains of normal handling or transport except that this shall not prevent the fitting of a suitable safety device;

(ii)the receptacle and any fastenings are, in so far as they are likely to come into contact with the substance, made of materials which are neither liable to be adversely affected by the substance nor liable in conjunction with the substance to form any other substance which is itself a risk to health or safety;

(iii)the receptacle is correctly filled; and

(iv)in the case of a receptacle containing a compressed gas, the receptacle has been appropriately tested.”.

(5) In regulation 25 (labelling)—

(a)in paragraph 1(b)(ii) for the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “the Carriage Regulations”; and

(b)in paragraph (2)—

(i)for sub-paragraphs (a) to (c) substitute—

“(a)the Carriage Regulations;” and

(ii)in sub-paragraph (d) for the words “Radioactive Material (Road Transport) (Great Britain) Regulations 1996” substitute “Radioactive Material (Road Transport) Regulations 2002”(4).

(6) In Part 1 of Schedule I—

(a)in Note 3 for the words “conditions in Part III of Schedule I to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles 1996” substitute “classification criteria in sub-section 2.2.3.1.5 of ADR”; and

(b)in Note 4 for the words “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “test specified in section 2.3.3 of ADR”.

(7) In sub-paragraph (d) of Schedule 3 for the words “appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996” substitute “test specified in section 2.3.3 of ADR”.