text:
PART 1
GENERAL
Preliminary
Citation and commencement
1
1
This Order may be cited as the Road Vehicles (Authorisation of Special Types) (General) Order 2003.
2
Except as stated in paragraph (3), this Order comes into force on 25th August 2003.
3
Paragraphs 15 to 18 of Schedule 2 come into force on 1st December 2004.
Revocation
2
The following instruments are revoked —
a
Motor Vehicles (Authorisation of Special Types) General Order 1979 ;
b
Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1984 ;
c
Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1986 ;
d
Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1987 ;
e
Motor Vehicles (Authorisation of Special Types) (Amendment) (No 2) Order 1987 ;
f
Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1989 ;
g
Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1995 ;
h
Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1998 ;
i
Motor Vehicles (Authorisation of Special Types) (Amendment) (No 2) Order 1998 .
Interpretation
Interpretation: general
3
1
In this Order —
“abnormal indivisible load” has the meaning given in paragraph 2 of Schedule 1 to this Order;
“abnormal indivisible load vehicle” has the meaning given in paragraph 3 of Schedule 1 to this Order;
“agricultural motor vehicle”, “agricultural trailer” and “agricultural trailed appliance” have the meaning given in article 19(3);
“ AILV ” has the meaning given in Schedule 1;
“articulated vehicle” has the same meaning as in the Construction and Use Regulations ;
“authorisation requirements” has the meaning given in article 9(2);
“axle” has the meaning given in article 7(1);
“axle weight” has the meaning given in article 7(1);
“the Authorised Weight Regulations ” means the Road Vehicles (Authorised Weight) Regulations 1998 ;
“chief officer of police” —
in relation to England and Wales, has the same meaning as in the Police Act 1996 ; and
in relation to Scotland, has the same meaning as in the Police (Scotland) Act 1967 ;
“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“engineering plant” has the meaning given in paragraph 2 of Schedule 3 to this Order;
“foremost point”, in relation to a vehicle, has the meaning given in article 4(3);
“forward projection”, in relation to a load carried on a vehicle, has the meaning given in article 6(1);
“gross weight” —
in relation to a motor vehicle, means the sum of the weights transmitted to the road surface by all the wheels of the vehicle; and
in relation to a trailer, means the sum of —
the weights transmitted to the road surface by all the wheels of the trailer; and
any weight of the trailer imposed on the towing vehicle;
“group of axles” has the meaning given in article 7(1);
“lateral projection”, in relation to a load carried on a vehicle, has the meaning given in article 5(1);
“the Lighting Regulations ” means the Road Vehicles Lighting Regulations 1989 ;
“local excavation vehicle” has the meaning given in paragraph 1 of Schedule 10 to this Order;
“mobile crane” has the meaning given in paragraph 2 of Schedule 2 to this Order;
“motor vehicle of category N3” means a motor vehicle of category N3 (motor vehicles over 12,000 kilograms maximum weight), as defined in Annex II of Council Directive 70/156/ EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers ;
“motorway” means a special road which —
in England or Wales (except as otherwise provided by or under regulations made under, or having effect as if made under, section 17 of the Road Traffic Regulation Act 1984 ) can be used by traffic only of Class I or II as specified in Schedule 4 to Highways Act 1980 : or
in Scotland can be used by traffic only of Class I or Class II as specified in Schedule 3 to the Roads (Scotland) Act 1984 ;
“overall length”, in relation to a vehicle, has the meaning given in article 4(2);
“overall width”, in relation to a vehicle, has the meaning given in article 4(1);
“Part 2 vehicle” has the meaning given in article 10(2);
“Part 2 vehicle-combination” has the meaning given in article 10(3);
“pneumatic tyre” has the same meaning as in the Construction and Use Regulations;
“rearmost point”, in relation to a vehicle, has the meaning given in article 4(4);
“rearward projection”, in relation to a load carried on a vehicle, has the meaning given in article 6(2);
“recognised category of special vehicles” has the meaning given in article 8(2);
“road recovery vehicle” has the meaning given in paragraph 1 of Schedule 4 to this Order;
“special type agricultural vehicle” has the meaning given in article 19(2);
“track-laying”, in relation to a vehicle, has the same meaning as in the Construction and Use Regulations;
“trailer of category O4” means a trailer of category O4 (trailers over 10,000 kilograms maximum weight), as defined in Annex II of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers;
“vehicle-combination” means a motor vehicle towing one or more trailers, any trailer or trailers towed by it and any other motor vehicle used for the purpose of assisting the propulsion of the trailer or trailers on the road;
“warning beacon” has the same meaning as in the Lighting Regulations;
“wheel” is to be construed in accordance with article 7(2) and (3);
“wheeled”, in relation to a vehicle, means a vehicle so constructed that the whole weight of the vehicle is transmitted to the road surface by means of wheels;
“wheel-track combination vehicle” has the meaning given in paragraph 1 of Schedule 3; and
“wheel weight” has the meaning given in article 7(1).
2
In this Order, any reference to a motor vehicle towing a trailer in an offset manner is a reference to the vehicle towing the trailer so that the longitudinal axis of the trailer and the longitudinal axis of the towing vehicle are parallel but lie in different vertical planes.
3
For the purposes of any provision of this Order requiring a person to do something within a specified number of days, no account is to be taken of any day which is a Saturday, a Sunday or a public holiday in any part of Great Britain.
Interpretation: vehicles and their measurement
4
1
In this Order “overall width”, in relation to any vehicle, has the same meaning as in the Construction and Use Regulations.
2
In this Order “overall length” —
a
in relation to a single vehicle, has the same meaning as in the Construction and Use Regulations;
b
in relation to a vehicle-combination, means the distance between the foremost point of the towing vehicle and the rearmost point of the rearmost vehicle, measured when the longitudinal axis of each vehicle in the combination lies in the same vertical plane.
3
In this Order “foremost point”, in relation to any vehicle, means the foremost point from which its overall length is calculated when applying the definition of overall length contained in regulation 3(2) of the Construction and Use Regulations.
4
In this Order “rearmost point”, in relation to any vehicle, means the rearmost point from which its overall length is calculated when applying the definition of overall length contained in regulation 3(2) of the Construction and Use Regulations.
5
In this Order —
a
any reference to the distance between vehicles bearing the weight of a load is a reference to the distance between the nearest points of any two adjacent vehicles by which each load is carried, measured when the longitudinal axis of each vehicle lies in the same vertical plane; and
b
in determining the nearest point of two vehicles, any part of either vehicle designed primarily for use as a means of attaching the one vehicle to the other (and any fitting designed for use in connection with any such part) is to be disregarded.
Interpretation: lateral projections of loads and their measurement
5
1
In this Order “lateral projection”, in relation to a load carried on a vehicle, means that part of the load which extends beyond a side of the vehicle.
2
For the purposes of this Order, the width of any lateral projection is to be measured between longitudinal planes passing through the extreme projecting point of the vehicle on that side of the vehicle on which the projection lies and that part of the projection furthest from that point.
3
The reference in paragraph (2) to the extreme projecting point of a vehicle is to the point of the vehicle from which its overall width is calculated when applying the definition of overall width contained in regulation 3(2) of the Construction and Use Regulations.
Interpretation: forward or rearward projections of loads and their measurement
6
1
In this Order “forward projection”, in relation to a load carried on a vehicle, means —
a
where the weight of the load is carried on a single vehicle, that part of the load that extends beyond the foremost point of the vehicle;
b
where the weight of the load is carried on more than one vehicle, that part of the load that extends beyond the foremost point of the foremost vehicle on which the load is carried.
2
In this Order “rearward projection”, in relation to a load carried on a vehicle, means —
a
where the weight of the load is carried on a single vehicle, that part of the load that extends beyond the rearmost point of the vehicle;
b
where the weight of the load is carried on more than one vehicle, that part of the load that extends beyond the rearmost point of the rearmost vehicle on which the load is carried.
3
For the purposes of paragraphs (1) and (2), where a crane or other special appliance or apparatus is fitted to a vehicle so as to constitute a permanent (or essentially permanent) feature of it —
a
any part of that crane, appliance or apparatus that extends forwards beyond the foremost point of the vehicle (or, as the case may be, beyond the foremost point of the foremost vehicle by which its weight is carried) is to be treated as a forward projection; and
b
any part of that crane, appliance or apparatus that extends rearwards beyond the rearmost point of the vehicle (or, as the case may be, beyond the rearmost point of the rearmost vehicle by which its weight is carried) is to be treated as a rearward projection.
4
In determining the foremost or rearmost point of a vehicle, any part of a crane or other special appliance or apparatus is to be disregarded.
5
For the purposes of this Order, the length of any forward projection or rearward projection is to be measured between transverse planes passing —
a
in the case of a forward projection, through the foremost point of the vehicle and that part of the projection furthest from that point;
b
in the case of a rearward projection, through the rearmost point of the vehicle and that part of the projection furthest from that point.
Interpretation: axles, wheels, axle weights and wheel weights
7
1
In this Order —
“axle” means any number of wheels in a transverse line;
“axle weight” means the sum of the weights transmitted to the road surface by all the wheels of any one axle;
“group of axles” means a group of two or more axles that are so linked together that the load applied to one axle is applied to the other; and
“wheel weight” means the weight transmitted to the road surface by any one wheel of an axle.
2
For the purposes of this Order, any reference to a wheel of a vehicle is a reference to a wheel, the tyre or rim of which is, when the vehicle is in motion on a road, in contact with the ground.
3
For the purposes of this Order, any two wheels of a vehicle are to be treated as one wheel if their centres of contact with the road are less than 460 millimetres apart.
4
For the purposes of this Order, any wheels, or lines of wheels, whose centres can be contained between two transverse lines less than 0.5 metre apart are to be treated as one axle.
5
For the purposes of this Order, the distance between any two axles of a vehicle or vehicle-combination is to be taken as the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.
Authorisation of certain vehicles for use on roads
Application of this Order
8
1
This Order applies only to motor vehicles or trailers —
a
that do not comply in all respects with the standard construction and use requirements; and
b
that fall within a recognised category of special vehicles.
2
In this Order “recognised category of special vehicles” means a description of vehicles that is stated by a provision of this Order to be a recognised category of special vehicles.
3
In paragraph (1), “standard construction and use requirements”, in relation to a motor vehicle or trailer, means the requirements of such of the regulations made under section 41 of the Road Traffic Act 1988 as would, apart from this Order, apply to that motor vehicle or trailer.
Authorisation of particular vehicles falling within recognised category of special vehicles
9
1
A vehicle that falls within a recognised category of special vehicles is authorised to be used on roads by virtue of this Order if (but only if) it complies with the authorisation requirements applicable to vehicles in that category.
2
In this Order “authorisation requirements”, in relation to a recognised category of special vehicles —
a
means all the requirements specified in this Order as being applicable to vehicles in that category; and
b
includes such of the requirements of regulations made under section 41 of the Road Traffic Act 1988 as are specified in this Order as being applicable to vehicles in that category (subject to any modifications or exceptions so specified).
3
Where any provision of this Order specifies any of the regulations mentioned in paragraph (2)(b) as being applicable to any recognised category of special vehicles, that provision is not to be construed as applying any requirement of those regulations to a vehicle in that category if that requirement may reasonably be regarded, in all the circumstances, as not relevant to the vehicle in question (for example, if the requirement relates to trailers and the vehicle in question is not a trailer).
PART 2
SPECIAL VEHICLES FOR HAULAGE, LIFTING, ENGINEERING AND VEHICLE RECOVERY
Part 2 vehicles and Part 2 vehicle-combinations: recognised categories and defined terms
10
1
The following are recognised categories of special vehicles —
a
abnormal indivisible load vehicles;
b
mobile cranes;
c
engineering plant;
d
road recovery vehicles.
2
A vehicle that falls within any recognised category of special vehicles mentioned in paragraph (1) is referred to in this Order as a Part 2 vehicle.
3
In this Order, a “Part 2 vehicle-combination” means —
a
in the case of a road recovery vehicle, a vehicle-combination which consists of one motor vehicle of category N3 together with one trailer of category O4; or
b
in any other case, a vehicle-combination which consists of, or includes, one motor vehicle (whether or not it is a Part 2 vehicle) together with one trailer that is a Part 2 vehicle.
4
The categories of vehicles specified in sub-paragraph (a), (b), (c) or (d) of paragraph (1) are defined in Schedules 1 to 4 respectively.
Part 2 vehicles and Part 2 vehicle-combinations: authorisation requirements
11
1
The authorisation requirements applicable to Part 2 vehicles or Part 2 vehicle-combinations are —
a
as respects any vehicle or vehicle-combination falling within Schedule 1, 2, 3 or 4, the requirements specified in the Schedule in question; and
b
as respects all such vehicles or vehicle-combinations, the requirements specified in articles 12 to 18.
2
But the requirements specified in articles 12 to 17 do not apply to a mobile crane or road recovery vehicle in any case where —
a
a civil emergency or road traffic accident has occurred;
b
as a result, there is a danger to the public;
c
the owner or user of the crane or vehicle has received a request made by the police for the vehicle to be used for the purposes of immediate clearance of an area affected by the emergency or accident;
d
the crane or vehicle is used on roads within 24 hours of receipt of the request; and
e
it is not reasonably practicable to comply with the requirements of those articles.
3
Nothing in this article prevents a motor vehicle which falls within the definition of a mobile crane in paragraph 2 of Schedule 2, but which does not comply in all respects with the authorisation requirements for mobile cranes specified in that Schedule, from complying instead with the authorisation requirements for engineering plant specified in Schedule 3 provided that the motor vehicle in question also falls within the definition of engineering plant in paragraph 2 of that Schedule.
4
For the purposes of this Order, a motor vehicle that complies with the authorisation requirements for engineering plant in the manner described in paragraph (3) is to be treated as engineering plant.
Length and width of vehicle and projections of load
Length: police notification and attendants
12
1
Where either of the length limits set out in paragraph (2) or (3) is exceeded in relation to a Part 2 vehicle or Part 2 vehicle-combination, the user of the vehicle or vehicle-combination must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used;
b
ensure that the vehicle or vehicle-combination is used in accordance with the requirements of that Schedule; and
c
ensure that the vehicle or vehicle-combination is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.
2
The first length limit is exceeded where the overall length of any single rigid unit together with the length of any forward or rearward projection of any load carried on the unit exceeds 18.75 metres.
3
The second length limit is exceeded where the overall length of a Part 2 vehicle-combination exceeds 25.9 metres.
4
The reference to a single rigid unit is a reference to —
a
a single vehicle, whether or not included in a Part 2 vehicle-combination; or
b
any two or more vehicles comprising or included in a Part 2 vehicle-combination which together bear the weight of one or more loads in such a way that, at all times when the vehicles are moving, the longitudinal axis of each vehicle lies in the same vertical plane.
Forward and rearward projections: police notification
13
1
This article applies where a Part 2 vehicle or Part 2 vehicle-combination is to carry a load and the length of any forward or rearward projection of the load exceeds 3.05 metres.
2
The user of the Part 2 vehicle or Part 2 vehicle-combination must, unless he has already notified the police under article 12(1)(a) —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and
b
ensure that the vehicle or vehicle-combination is used in accordance with the requirements of that Schedule.
Forward and rearward projections: attendants
14
1
If paragraph (2) or (3) applies, the user of a Part 2 vehicle or Part 2 vehicle-combination must ensure that the vehicle or vehicle-combination is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.
2
This paragraph applies where a Part 2 vehicle or Part 2 vehicle-combination is carrying a load and the length of any forward projection of the load exceeds 2 metres.
3
This paragraph applies where a Part 2 vehicle or Part 2 vehicle-combination is carrying a load and the length of any rearward projection of the load exceeds 3.05 metres.
Width and lateral projections: police notification, Secretary of State notification and attendants
15
1
This article applies to a Part 2 vehicle or vehicle in a Part 2 vehicle-combination in respect of which one or more of the following width limits are exceeded —
a
the first width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it is 3 metres or less but the length of any lateral projection of a load carried on it exceeds 305 millimetres;
b
the second width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it exceeds 3 metres;
c
the third width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it exceeds 3.5 metres;
d
the fourth width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it exceeds 5 metres.
2
Paragraphs (3), (4) and (5) apply cumulatively.
3
Where the first or second width limit is exceeded, the user of the vehicle must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
4
Where the third width limit is exceeded, the user of the vehicle must ensure that the vehicle is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.
5
Where the fourth width limit is exceeded, the user of the vehicle must —
a
before the start of any journey, obtain in accordance with Schedule 7 the written consent of the Secretary of State; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
Visibility and marking of forward, rearward and lateral projections of loads etc
16
Schedule 8 (which makes provision as to the visibility and marking of projections exceeding a certain length or width) applies in relation to loads carried on a Part 2 vehicle or Part 2 vehicle-combination.
Weight of vehicle and load
Weight: police notification and road and bridge authority notification and indemnity
17
1
In a case falling within paragraph (2), the user of a Part 2 vehicle or Part 2 vehicle-combination must before the start of any journey —
a
notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which the vehicle or vehicle-combination is to be used; and
b
give to each authority an indemnity in the form specified in Part 2 of that Schedule.
2
A case falls within this paragraph where —
a
the total weight of the Part 2 vehicle or Part 2 vehicle-combination (whether it is unladen or wholly or partly laden) exceeds 44,000 kilograms; or
b
the vehicle or vehicle-combination does not comply in all respects with —
i
the requirements of Schedule 3 to the Authorised Weight Regulations (axle weights); or
ii
if that Schedule does not apply to it, the equivalent provisions of the Construction and Use Regulations.
3
In a case falling within paragraph (4), the user of the Part 2 vehicle or Part 2 vehicle-combination must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
4
A case falls within this paragraph if the total weight of the Part 2 vehicle or Part 2 vehicle-combination (whether it is unladen or wholly or partly laden) exceeds 80,000 kilograms.
5
Paragraphs (1) and (3) apply cumulatively.
Use on bridges
18
1
The driver of a Part 2 vehicle or Part 2 vehicle-combination must not cause or permit any part of his vehicle (or any part of any vehicle in the vehicle-combination he is driving) to enter on a bridge if he knows that the whole or part of another such vehicle or vehicle-combination is already on the bridge or if he could reasonably be expected to ascertain that fact.
2
Except in circumstances beyond his control, the driver of a Part 2 vehicle or Part 2 vehicle-combination must not cause or permit the Part 2 vehicle, or any vehicle in the vehicle-combination, to remain stationary on any bridge.
3
If a Part 2 vehicle or Part 2 vehicle-combination that falls within article 17(2) or (4) is caused to stop on a bridge for any reason, the driver of the vehicle or vehicle-combination must ensure —
a
that the vehicle or vehicle-combination is moved clear of the bridge as soon as practicable; and
b
that no concentrated load is applied to the surface on that part of the road carried by the bridge.
4
But where the action described in paragraph (3)(a) or (b) is not practicable and it becomes necessary to apply any concentrated load to the road surface by means of jacks, rollers or other similar means, the driver or other person in charge of the vehicle or vehicle-combination must —
a
before the load is applied to the road surface, seek advice from the authority (within the meaning of Schedule 9) responsible for the maintenance of the bridge about the use of spreader plates to reduce the possibility of damage caused by the application of the load; and
b
ensure that no concentrated load is applied without using spreader plates in accordance with any advice received.
5
References to the driver of a Part 2 vehicle-combination are references to the driver of the foremost motor vehicle in the vehicle-combination.
PART 3
SPECIAL VEHICLES FOR AGRICULTURE
Agricultural vehicles: recognised categories and defined terms
19
1
The following are recognised categories of special vehicles —
a
agricultural motor vehicles;
b
agricultural trailers;
c
agricultural trailed appliances.
2
A vehicle that falls within any recognised category of special vehicles mentioned in paragraph (1) is referred to in this Order as a special type agricultural vehicle.
3
In this Order —
“agricultural motor vehicle” means a motor vehicle (not being a dual purpose vehicle) which —
is constructed or adapted for use off-road for the purpose of agriculture, horticulture or forestry; and
is primarily used for one or more of those purposes;
“agricultural trailer” has the same meaning as in the Construction and Use Regulations; and
“agricultural trailed appliance” has the same meaning as in the Construction and Use Regulations.
4
In the definition of “agricultural motor vehicle” in paragraph (3), “dual purpose vehicle” has the same meaning as in the Construction and Use Regulations.
Agricultural vehicles: authorisation requirements
20
The authorisation requirements applicable to special type agricultural vehicles are —
a
the requirements specified in articles 21 to 27;
b
the Construction and Use Regulations, apart from —
i
regulation 8 (width);
ii
paragraph (1) of regulation 75, in so far as that paragraph relates to item 13 or 15 of the Table referred to in it (maximum permitted laden weight of track-laying motor vehicles); and
iii
regulation 82 (restrictions on vehicles carrying wide or long loads or having fixed appliance or apparatus);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
General requirements as to construction and use
21
1
A special type agricultural vehicle that is a track-laying motor vehicle may be used on roads only if the tracks operate on rubber or an alternative composite material that does not damage the road surface.
2
The overall width of a special type agricultural vehicle together with the width of any lateral projection or projections of any load carried on it must not exceed 4.3 metres.
3
For the purposes of paragraph (2) —
a
the overall width of a special type agricultural vehicle that is a motor vehicle towing an agricultural trailer or agricultural trailed appliance in an offset manner, is to be taken as the overall width of the motor vehicle and trailer (or trailed appliance) measured as if they were one vehicle; and
b
where any agricultural implement is rigidly (but not permanently) mounted on a special type agricultural vehicle, any part of the implement that extends beyond a side of the vehicle is to be treated as a lateral projection, regardless of whether any part of the weight of the implement is transmitted to the surface of the road otherwise than by the wheels or tracks of the vehicle.
4
The gross weight of a special type agricultural motor vehicle that is a track-laying vehicle, together with the weight of any load carried on it, must not exceed 30,000 kilograms.
5
All spikes, cutting blades or other protruding sharp appliances that are fitted to or mounted on a special type agricultural vehicle must be removed or effectively guarded so that no danger is caused (or likely to be caused) to any person.
6
A special type agricultural vehicle must not at any time travel at speeds exceeding —
a
20 miles per hour in any case where the overall width of the vehicle is more than 2.55 metres but less than 3.5 metres;
b
12 miles per hour in any case where the overall width is 3.5 metres or more.
Restrictions on towing of trailers
22
1
This article applies in any of the following cases to a special type agricultural vehicle that is a motor vehicle:
CASE 1
Where the special type agricultural vehicle has an overall width exceeding 3 metres.
CASE 2
Where a special type agricultural vehicle is towing an agricultural trailer, or agricultural trailed appliance, in an offset manner and the overall width of the two vehicles (measured as if they were one) exceeds 3 metres.
CASE 3
Where a special type agricultural vehicle is towing an agricultural trailer, or agricultural trailed appliance, otherwise than in an offset manner and the overall width of either (or both) of the vehicles exceeds 3 metres.
2
The special type agricultural vehicle must not either tow any trailer (where the vehicle falls within Case 1) or tow any other trailer (where the vehicle falls within Case 2 or 3), apart from a trailer that is of a description permitted by paragraph (3).
3
The trailers permitted by this paragraph are —
a
a two wheeled trailer used solely for the carriage of equipment for use on the towing vehicle;
b
an agricultural trailed appliance; or
c
an unladen trailer specially designed for use with the towing vehicle when it is harvesting.
Forward and rearward projections: police notification, Secretary of State notification and attendants
23
1
Paragraphs (2), (3) and (4) apply cumulatively.
2
Where a special type agricultural vehicle is to carry a load and the length of any forward or rearward projection of the load exceeds 4 metres, the user of the vehicle must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the special type agricultural vehicle is to be used; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
3
Where a special type agricultural vehicle is carrying a load and the length of any forward or rearward projection of the load exceeds 6 metres, the user of the vehicle must ensure that the vehicle is accompanied during any journey by one or more attendants employed in accordance with Schedule 6.
4
Where the length of any rearward projection of a load exceeds 12 metres, the user of the vehicle must —
a
before the start of any journey, obtain in accordance with Schedule 7 the written consent of the Secretary of State; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
5
Where any agricultural implement is rigidly (but not permanently) mounted on a special type agricultural vehicle —
a
any part of the implement that extends forwards beyond the foremost point of the vehicle is to be treated as a forward projection; and
b
any part of the implement that extends rearwards beyond the rearmost point of the vehicle is to be treated as a rearward projection;
regardless of whether any part of the weight of the implement is transmitted to the surface of the road otherwise than by the wheels or tracks of the vehicle.
6
In determining for the purposes of paragraph (5) the foremost or rearmost point of a special type agricultural vehicle, any part of the agricultural implement is to be disregarded.
Width: police notification and attendants
24
1
“Width”, in relation to a special type agricultural vehicle, means whichever is the greater of —
a
the overall width of the vehicle; and
b
the overall width of the vehicle together with the width of any lateral projection or projections of a load carried on it.
2
Paragraphs (4) and (5) apply cumulatively.
3
Paragraph (4) applies where the width of a special type agricultural vehicle exceeds 3 metres and —
a
there is a speed limit of 40 miles per hour or less on any road on which the vehicle is to be used; or
b
the length of the journey to be made by the vehicle exceeds 5 miles.
4
The user of the vehicle must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the special type agricultural vehicle is to be used; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
5
Where the width of the vehicle exceeds 3.5 metres, the user of the vehicle must ensure that the vehicle is accompanied during any journey by one or more attendants employed in accordance with Schedule 6.
Visibility and marking of forward, rearward and lateral projections
25
Schedule 8 (which makes provision as to the visibility and marking of projections exceeding a certain length or width) applies in relation to loads carried on a special type agricultural vehicle.
Track-laying agricultural motor vehicles: road and bridge authority notification and indemnity
26
1
This article applies to a special type agricultural vehicle that is a track-laying motor vehicle that does not comply with paragraph (1) of regulation 75 of the Construction and Use Regulations, in so far as that paragraph relates to item 13 or 15 of the Table referred to in it (maximum permitted laden weight of track-laying motor vehicles).
2
Before the start of any journey, the user of the vehicle must —
a
notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which vehicle is to be used; and
b
give to each authority an indemnity in the form specified in Part 2 of that Schedule.
Track-laying agricultural motor vehicles: use on bridges
27
1
This article applies to a special type agricultural vehicle to which article 26 applies.
2
If the special type agricultural vehicle is caused to stop on a bridge for any reason, the driver of the vehicle must ensure —
a
that the vehicle is moved clear of the bridge as soon as practicable; and
b
that no concentrated load is applied to the surface on that part of the road carried by the bridge.
3
But where the action described in paragraph (2)(a) or (b) is not practicable and it becomes necessary to apply any concentrated load to the road surface by means of jacks, rollers or other similar means, the driver or other person in charge of the vehicle must —
a
before the load is applied to the road surface, seek advice from the authority (within the meaning of Schedule 9) responsible for the maintenance of the bridge about the use of spreader plates to reduce the possibility of damage caused by the application of the load; and
b
ensure that no concentrated load is applied without using spreader plates in accordance with any advice received.
PART 4
OTHER SPECIAL VEHICLES REQUIRING NOTIFICATIONS OR ATTENDANTS
Vehicles carrying loads of exceptional width
Motor vehicles or trailers carrying loads of exceptional width: recognised category
28
1
Motor vehicles or trailers that are used for, or in connection with, the carriage of a load exceptional width are a recognised category of special vehicles.
2
A vehicle carries a load of exceptional width where the overall width of the vehicle carrying a load, together with the width of any lateral projection or projections of the load, exceeds 4.3 metres.
Motor vehicles or trailers carrying loads of exceptional width: authorisation requirements
29
The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in article 28(1) are —
a
the requirements specified in articles 30 and 31;
b
the Construction and Use Regulations, apart from regulation 82(1) and (2);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
Motor vehicles or trailers carrying loads of exceptional width: restrictions on width and speed
30
1
The overall width of a vehicle falling within the recognised category of special vehicles mentioned in article 28(1), together with the width of any lateral projection or projections of the load carried on it, must not exceed 6.1 metres.
2
The vehicle must not travel at speeds exceeding —
a
40 miles per hour on a motorway;
b
35 miles per hour on a dual carriageway;
c
30 miles per hour on any other road.
3
Nothing in this article is to be taken to authorise travel at any speed in excess of any speed restriction imposed by or under any other enactment.
Motor vehicles or trailers carrying loads of exceptional width: requirements as to width
31
1
“Width”, in relation to a vehicle falling within the recognised category of special vehicles mentioned in article 28(1), means the overall width of the vehicle together with the width of any lateral projection or projections of the load carried on it.
2
Paragraphs (3) and (4) apply cumulatively.
3
The user of any vehicle falling within the recognised category of special vehicles mentioned in article 28(1) must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle is to be used;
b
ensure that the vehicle is used in accordance with the requirements of that Schedule; and
c
ensure that the vehicle is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.
4
Where the width of the vehicle exceeds 5 metres, the user of the vehicle must —
a
before the start of any journey obtain the written consent of the Secretary of State in accordance with Schedule 7; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
Local excavation vehicles
Local excavation vehicles: recognised category
32
1
Local excavation vehicles are a recognised category of special vehicles.
2
Local excavation vehicles are defined in paragraph 1 of Schedule 10.
Local excavation vehicles: authorisation requirements
33
The authorisation requirements applicable to local excavation vehicles are —
a
the requirements specified in articles 34 and 35; and
b
the requirements specified in Schedule 10.
Local excavation vehicles: requirements as to width
34
1
“Width”, in relation to a local excavation vehicle, means whichever is the greater of —
a
the overall width of the vehicle; and
b
the overall width of the vehicle together with the width of any lateral projection or projections of a load carried on it.
2
Paragraphs (3) to (5) apply cumulatively.
3
Where the width of a local excavation vehicle exceeds 3 metres, the user of the vehicle must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle is to be used; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
4
Where the width of the vehicle exceeds 3.5 metres, the user of the vehicle must ensure that the vehicle is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.
5
Where the width of the vehicle exceeds 5 metres, the user of the vehicle must —
a
before the start of any journey obtain the written consent of the Secretary of State in accordance with Schedule 7; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
Local excavation vehicles: requirements as to weight
35
1
This article applies to a local excavation vehicle —
a
which does not comply with the requirements of the Authorised Weight Regulations; or
b
if those Regulations do not apply to it, which does not comply with the requirements of regulations 75 to 79 of the Construction and Use Regulations.
2
Before the start of any journey, the user of the vehicle must —
a
notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which vehicle is to be used; and
b
give to each authority an indemnity in the form specified in Part 2 of that Schedule.
Vehicles for tests, trials or non-UK use etc
Vehicles for tests, trials or non-UK use etc: recognised category
36
1
The following are recognised categories of special vehicles —
a
any motor vehicle or trailer which is constructed for use outside the United Kingdom;
b
any type of motor vehicle or trailer which is constructed for use outside the United Kingdom;
c
any new or improved type of motor vehicle or trailer which is constructed for tests or trials;
d
any motor vehicle or trailer which is equipped with new or improved equipment;
e
any motor vehicle or trailer which is equipped with new or improved types of equipment.
2
Paragraph (1) does not include —
a
any motor vehicle or trailer which is not a wheeled vehicle; or
b
any motor vehicle or trailer which is, or forms part of, a recognised category of special vehicles specified in sub-paragraph (a), (b), (c) or (d) of article 10(1).
Vehicles for tests, trials or non-UK use etc: authorisation requirements
37
The authorisation requirements applicable to vehicles falling within any of the recognised categories of special vehicles mentioned in article 36(1) are —
a
the requirements specified in articles 38 to 40; and
b
the requirements specified in Schedule 11.
Vehicles for tests, trials or non-UK use etc: requirements as to length
38
1
This article applies to —
a
a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1), where the overall length of the vehicle exceeds the overall length permitted for that description of vehicle under regulation 7 of the Construction and Use Regulations; and
b
a vehicle-combination, being a combination that includes one or more motor vehicles or trailers that fall within any of those recognised categories of special vehicles, where the overall length of the vehicle-combination exceeds the overall length for that combination permitted under regulation 7 of the Construction and Use Regulations.
2
The user of the vehicle or vehicle-combination must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and
b
ensure that the vehicle or vehicle-combination is used in accordance with the requirements of that Schedule.
Vehicles for tests, trials or non-UK use etc: requirements as to width
39
1
“Width”, in relation to a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1), means whichever is the greater of —
a
the overall width of the vehicle; and
b
the overall width of the vehicle together with the width of any lateral projection or projections of a load carried on it.
2
Where the width of a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1) exceeds 3 metres, the user of the vehicle must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle is to be used; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
Vehicles for tests, trials or non-UK use etc: requirements as to weight
40
1
This article applies to a vehicle which is, or a vehicle-combination which includes, a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1) and which —
a
does not comply with the requirements of the Authorised Weight Regulations; or
b
if those Regulations do not apply to it, does not comply with the requirements of regulations 75 to 79 of the Construction and Use Regulations.
2
Before the start of any journey, the user of the vehicle or vehicle-combination must —
a
notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which vehicle or vehicle-combination is to be used; and
b
give to each authority an indemnity in the form specified in Part 2 of that Schedule.
Track-laying vehicles
Track-laying vehicles: recognised category
41
1
Track-laying motor vehicles or trailers are a recognised category of special vehicles.
2
Paragraph (1) does not include any track-laying vehicle that falls within any other recognised category of special vehicles.
Track-laying vehicles: authorisation requirements
42
The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in article 41(1) are —
a
the requirements specified in articles 43 and 44;
b
regulation 100 of the Construction and Use Regulations (maintenance and use so as not to be a danger);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
Track-laying vehicles: restrictions on use
43
1
A vehicle falling within the recognised category of special vehicles mentioned in article 41 (1) may only be used for —
a
demonstration;
b
proceeding to the nearest suitable railway station for conveyance to a port for shipment; or
c
where no suitable railway facilities are available, proceeding to a port for shipment.
2
The vehicle must not be used for hire or reward.
3
The vehicle must not be used in such a way as to cause a danger of injury to any person by reason of —
a
the condition of the vehicle, its accessories or equipment;
b
the purpose for which it is used;
c
the number of passengers carried by it;
d
the manner in which such passengers are carried;
e
the weight, position or distribution of any load carried on the vehicle; or
f
the manner in which any such load is secured.
Track-laying vehicles: consent of road authorities
44
1
Before the start of any journey, the user of a vehicle falling within the recognised category of special vehicles mentioned in article 41(1) must obtain from the road authority for each road on which the vehicle is to be used that authority’s written consent to the vehicle being used on roads for which it is responsible.
2
“Road authority”, in relation to any road, means the highway authority for that road.
Straddle carriers
Straddle carriers: recognised category
45
Straddle carriers are a recognised category of special vehicles.
Straddle carriers: authorisation requirements
46
The authorisation requirements for straddle carriers are —
a
the requirements specified in article 47;
b
the Construction and Use Regulations apart from —
i
regulation 7 (length);
ii
regulation 8 (width);
iii
regulation 11 (overhang);
iv
regulation 16(4) (braking systems);
v
regulation 18(1A) to (9) (braking; maintenance and efficiency) ;
vi
regulation 22 (springs and resilient material);
vii
regulation 66 (plates);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
Straddle carriers: restrictions on use, speed and width
47
1
A straddle carrier may only be used —
a
for demonstration;
b
for delivery on sale;
c
for proceeding to, or returning from, a manufacturer or repairer for construction, repair or overhaul; or
d
if paragraph (2) applies to it, for proceeding between different parts of the same private premises or between private premises in the immediate neighbourhood.
2
This paragraph applies to a straddle carrier —
a
that does not comply with regulation 11 of the Construction and Use Regulations (overhang); but
b
that does comply with regulations 8 (width) and 22 (springs and resilient material) of those Regulations.
3
Nothing in this Order is to be taken to authorise use on roads beyond a radius of three miles drawn around the outermost perimeter of any work site on private premises.
4
A straddle carrier must not carry any load.
5
But a straddle carrier —
a
may carry its own necessary gear and equipment; and
b
may be laden in the course of any journey permitted under paragraph (1)(d).
6
A straddle carrier must not travel at speeds exceeding 12 miles per hour.
7
The overall width of a straddle carrier must not exceed 3 metres.
Straddle carriers: requirements as to length
48
1
This article applies to a straddle carrier where its overall length, together with any forward or rearward projection of a load to be carried on it exceeds 9.2 metres.
2
The user of the straddle carrier must —
a
before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and
b
ensure that the vehicle is used in accordance with the requirements of that Schedule.
PART 5
MISCELLANEOUS SPECIAL VEHICLES
Vehicles with moveable platforms
49
1
Vehicles fitted with a moveable platform are a recognised category of special vehicles.
2
The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are —
a
the requirements specified in paragraphs (3) to (5);
b
the Construction and Use Regulations, apart from —
i
regulations 7, 8 and 11 (length, width and overhang);
ii
regulation 20 (wheels and tracks);
iii
regulation 23 (wheel loads);
iv
regulation 82 (restrictions on wide/long loads or fixed appliances);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
3
The special equipment of the vehicle must be retracted at all times except when the vehicle is at a place where it is being used to facilitate overhead working.
4
At all times when the special equipment of the vehicle is retracted, the provisions of the Construction and Use Regulations mentioned in paragraph (2)(b)(i) must be complied with (except that a vehicle that is a locomotive is permitted not to comply with regulation 11 (overhang)).
5
Any jacks forming part of the vehicle’s special equipment which project from the sides of the vehicle must be made clearly visible to any person who may be using the road within a reasonable distance of the vehicle.
6
In this article —
“moveable platform” means a platform that is attached to, and may be moved by means of, an extensible boom; and
“special equipment”, in relation to a vehicle falling within the recognised category of special vehicles mentioned in paragraph (1), means a moveable platform, the apparatus for moving the platform and any jacks fitted to the vehicle for stabilising it whilst the vehicle is in use.
Pedestrian-controlled road maintenance vehicles
50
1
Pedestrian-controlled road maintenance vehicles that are not constructed or used to carry a driver or passenger are a recognised category of special vehicles.
2
The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are —
a
the requirements specified in paragraphs (3) and (4);
b
the Construction and Use Regulations, apart from —
i
regulation 16 (braking systems);
ii
regulation 18(1A) to (9) (maintenance and efficiency of brakes);
iii
regulation 23 (wheel loads);
iv
regulation 61 (emission of smoke);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
3
The weight of the vehicle (whether laden or unladen) must not exceed 410 kilograms.
4
The vehicle must be equipped with —
a
an efficient braking system capable of bringing the vehicle to a standstill and of being set so as to hold the vehicle stationary; or
b
if the vehicle does not have a braking system, sufficient other means capable of achieving the same results.
5
“Road maintenance vehicle” means a motor vehicle that is specially constructed or adapted for the purposes of carrying out one or more of the following operations —
a
gritting roads;
b
laying road markings;
c
clearing frost, snow or ice from roads; or
d
any other work of maintaining roads.
Motor vehicles used for cutting grass or trimming hedges
51
1
Motor cutters are a recognised category of special vehicles.
2
The authorisation requirements applicable to motor cutters are —
a
the requirements specified in paragraphs (3) to (5);
b
the Construction and Use Regulations, apart from —
i
regulation 8 (width);
ii
regulation 82(11) (restrictions on wide/long loads or fixed appliances);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
3
The overall width of the motor cutter, together with any equipment mounted on it, must not exceed 2.55 metres.
4
All cutting or trimming blades that form part of the machinery fitted to, or mounted on, the motor cutter must be effectively guarded so that no danger is caused (or is likely to be caused) to any person.
5
But paragraphs (3) and (4) do not apply at any time when the motor cutter is cutting grass or trimming hedges.
6
“Motor cutters” means motor vehicles that are specially constructed to —
a
be used as grass cutters and hedge trimmers; and
b
be controlled by a person other than a pedestrian.
Trailers used for cutting grass or trimming hedges
52
1
Cutter trailers are a recognised category of special vehicles.
2
The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are —
a
the requirements specified in paragraphs (3) to (7);
b
the following provisions of the Construction and Use Regulations —
i
regulation 27 (condition and maintenance of tyres);
ii
regulation 100 (maintenance and use so as not to be a danger);
c
the Authorised Weight Regulations; and
d
the Lighting Regulations.
3
The overall width of —
a
the motor vehicle towing the cutter trailer;
b
the cutter trailer; or
c
where a cutter trailer is being towed by a motor vehicle in an offset manner, the two vehicles measured as if they were one vehicle;
must not at any time exceed 2.6 metres.
4
All cutting or trimming blades that form part of the machinery fitted to, or mounted on, the cutter trailer must be effectively guarded so that no danger is caused (or is likely to be caused) to any person.
5
But —
a
the restrictions on width applicable to vehicles falling within paragraph (3)(b) or (3)(c); and
b
paragraph (4);
do not apply at any time when the cutter trailer is cutting grass or trimming hedges.
6
The unladen weight of a cutter trailer must not exceed —
a
1020 kilograms in any case where it is towed by a locomotive, motor tractor or heavy motor car;
b
815 kilograms in any other case.
7
A cutter trailer must not travel at speeds exceeding 20 miles per hour.
8
“Cutter trailer” means a trailer that is specially constructed or adapted for use as a grass cutter and hedge trimmer.
Operational military vehicles
53
1
Operational military vehicles are a recognised category of special vehicles in any case where compliance with any regulations made under section 41 of the Road Traffic Act 1988 by any such vehicle would directly compromise the vehicle’s operational capability.
2
The authorisation requirements applicable to operational military vehicles are —
a
the requirements specified in paragraphs (3) to (5); and
b
the provisions of —
i
the Construction and Use Regulations;
ii
the Authorised Weight Regulations; and
iii
the Lighting Regulations;
apart from the provisions specified, in respect of the vehicle in question, in the certificate required by paragraph (3).
3
An operational military vehicle must be certified by the Secretary of State as being a vehicle, or type of vehicle, which for operational reasons cannot comply in all respects with such of the regulations mentioned in paragraph (1) as are specified in the certificate.
4
An operational military vehicle must be the property of, or under the control of —
a
the Secretary of State;
b
a procurement contractor; or
c
a procurement sub-contractor.
5
In a case falling within paragraph (4)(b) or (c), the procurement contractor or procurement sub-contractor must, before any particular vehicle or type of vehicle is first used on roads, obtain from the Secretary of State written permission for such use.
6
“Operational military vehicles” means any motor vehicle or trailer that is intended for —
a
operational use for military action or the carrying out of a strategic, tactical, service or administrative military mission, the process of carrying on combat, including movement, supply, attack, defence and manoeuvres needed to gain the objectives of any battle or campaign or use for military support to the civil community;
b
training in connection with such operational use;
c
the carrying or recovery of vehicles or equipment in connection with such operational use or training.
7
“Procurement contractor”, in relation to an operational military vehicle, means a person who, under a contract with the Secretary of State, is engaged in the design, manufacture or delivery of the vehicle with a view to its supply to the Secretary of State or to his direction.
8
“Procurement sub-contractor”, in relation to an operational military vehicle, means a person —
a
who has (directly or indirectly) entered into any kind of arrangement with a person who is a procurement contractor in relation to the vehicle; and
b
who is, as a result, responsible for the performance of any of the procurement contractor’s obligations under the contract mentioned in paragraph (7).
Track-laying vehicles belonging to Royal National Lifeboat Institution
54
1
RNLI track-laying vehicles are a recognised category of special vehicles.
2
The authorisation requirements applicable to RNLI track-laying vehicles are —
a
the requirement specified in paragraph (3); and
b
regulation 100 of the Construction and Use Regulations (maintenance and use so as not to be a danger).
3
The vehicle may only be used on roads either —
a
for the purpose of towing lifeboats; or
b
in connection with the launching of lifeboats.
4
“RNLI track-laying vehicle” means any track-laying motor vehicle or track-laying trailer that is the property of the Royal National Lifeboat Institution.
Highway testing vehicles
55
1
Highway testing vehicles are a recognised category of special vehicles.
2
The authorisation requirement applicable to highway testing vehicles is regulation 100 (maintenance and use so as not to be a danger) of the Construction and Use Regulations.
3
“Highway testing vehicle” means any motor vehicle or trailer that is used in, or in connection with, the conduct of experiments or trials of roads or bridges as permitted under section 283 of the Highways Act 1980.
Vehicles propelled by natural gas
56
1
Vehicles propelled by compressed natural gas are a recognised category of special vehicles.
2
The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are the requirements specified in Schedule 12.
Signed by authority of the Secretary of State
Davied Jamieson
Parliamentary Under Secretary of State,
Department for Transport
4th August 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Scottish Parliament (Disqualification) Order 2003 and shall come into force on the day after the day on which it is made.
Specified Office-Holders
2
An office-holder of a description specified in Part I of the Schedule to this Order is disqualified from being a member of the Scottish Parliament.
3
An office-holder of a description specified in column 1 of Part II of the Schedule to this Order is disqualified from being a member of the Scottish Parliament for any constituency specified in relation to that office-holder in column 2 of that Part of that Schedule and for any region specified in relation to that office-holder in column 3 of that Part of that Schedule.
Revocation of the Scottish Parliament (Disqualification) Order 1999
4
The Scottish Parliament (Disqualification) Order 1999 is revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust (Establishment) Amendment Order 2003 and shall come into force on 7th October 2003.
2
In this Order —
“the Establishment Order ” means the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust (Establishment) Order 1991 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Increase in the number of non-executive directors of the trust
2
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “6 non-executive directors”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department of Health
18th September 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Air Quality Limit Values Regulations 2003 and shall come into force on 9th September 2003.
2
Subject to paragraph (3), these Regulations shall apply to England.
3
Regulation 13, and the remainder of these Regulations in so far as they relate to regulation 13, shall apply to the United Kingdom.
Definitions
2
In these Regulations —
“agglomeration” means a zone with a population concentration in excess of 250,000 inhabitants, or, where the population concentration is 250,000 inhabitants or less, a population density per km 2 for which the Secretary of State considers that the need for ambient air to be assessed or managed is justified;
“alert threshold” has the meaning given in regulations 10(2) and (3);
“ambient air” means outdoor air in the troposphere, excluding work places;
“assessment” means any method used to measure, calculate, predict or estimate the level of a relevant pollutant, ozone or ozone precursor substances in the ambient air;
“fixed measurements” means measurements taken at fixed sites either continuously or by random sampling, the number of measurements being sufficiently large to enable the levels observed to be determined;
“information threshold” has the meaning given in regulation 10(3);
“level” means the concentration of a relevant pollutant, ozone or ozone precursor substances in ambient air;
“limit value” has the meaning given in regulation 4(1);
“long-term objective” has the meaning given in regulation 5(3);
“lower assessment threshold” has the meaning given in regulation 7(8);
“natural events” means volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events or the atmospheric resuspension or transport of natural particles from dry regions;
“oxides of nitrogen” means the sum of nitric oxide and nitrogen dioxide added as parts per billion and expressed as nitrogen dioxide in microgrammes per cubic metre;
“ozone precursor substances” means substances which contribute to the formation of ground level ozone, including those listed in Schedule 6;
“PM 2.5 ” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 2.5 µm aerodynamic diameter;
“PM 10 ” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 10 µm aerodynamic diameter;
“public” has the meaning given in regulation 16(15);
“relevant pollutants” means sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide;
“rural background station” shall be interpreted in accordance with Part II of Schedule 4;
“target value” has the meaning given in regulation 5(2);
“upper assessment threshold” has the meaning given in regulation 7(8);
“volatile organic compounds” or “ VOC ” means all organic compounds from anthropogenic and biogenic sources, other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight; and
“zone” means a part of the territory of England shown on a map published by the Secretary of State on 19th January 2001, deposited at the offices of the Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE and displayed on the Department’s website at http://www.defra.gov.uk/environment .
Designation of competent authority
3
The Secretary of State is designated as the competent authority for the purposes of article 3 (implementation and responsibilities) of Council Directive 96/62/ EC on ambient air quality assessment and management .
Duty to ensure compliance with limit values
4
1
The Secretary of State shall take the measures necessary to ensure that throughout England, in each zone, concentrations of relevant pollutants in ambient air, as assessed in accordance with regulations 6 to 9, do not exceed the limit values set out in Schedule 1 from the dates specified in that Schedule.
2
The measures taken shall —
a
take into account an integrated approach to the protection of air, water and soil;
b
not contravene Community legislation on the protection of safety and health of workers at work; and
c
have no significant negative effects on the environment in the other Member States.
Target values and long-term objectives for ozone
5
1
The definitions and provisions on interpretation in Part I of Schedule 2 shall apply in the interpretation of the other parts of that Schedule.
2
The target values for ozone concentrations in ambient air are set out in Part II of Schedule 2.
3
The long-term objectives for ozone concentrations in ambient air are set out in Part III of Schedule 2.
Assessment of ambient air quality
6
The Secretary of State shall ensure that ambient air quality is assessed in each zone in relation to each of the relevant pollutants, ozone and ozone precursor substances in accordance with regulations 7 to 9.
Classification of zones
7
1
The Secretary of State shall, in accordance with paragraphs (3), (4) and (7), classify each zone in relation to each of the relevant pollutants according to whether ambient air quality in that zone for that pollutant is required to be assessed by —
a
measurements;
b
a combination of measurements and modelling techniques; or
c
by the sole use of modelling or objective estimation techniques.
2
The Secretary of State shall, in accordance with paragraphs (5) and (6), classify each zone in relation to ozone according to whether ambient air quality for ozone is required to be assessed by —
a
fixed continuous measurement; or
b
a combination of measurement campaigns of short duration and results from emission inventories and modelling.
3
Measurements must be used to assess ambient air quality in relation to a relevant pollutant in a zone if —
a
the zone is an agglomeration;
b
the levels of that pollutant in the zone are between the relevant limit value and upper assessment threshold; or
c
the levels of that pollutant in the zone exceed the limit value for that pollutant.
4
A combination of measurements and modelling techniques may be used to assess ambient air quality in any zone in relation to a relevant pollutant where the levels of that pollutant over a representative period are below the relevant upper assessment threshold.
5
Fixed continuous measurement must be used to assess ambient air quality in relation to ozone if within the last five years concentrations of ozone in that zone have exceeded a long-term objective.
6
A combination of measurement campaigns of short duration and results from emissions inventories and modelling may be used to assess ambient air quality in relation to ozone in a zone if fewer than five years' data are available to determine exceedances.
7
Where the levels of a relevant pollutant in any zone over a representative period are below the relevant lower assessment threshold, the sole use of modelling or objective estimation techniques for assessing levels of that pollutant is permissible unless —
a
the zone is an agglomeration; and
b
the pollutant is sulphur dioxide or nitrogen dioxide.
8
The upper and lower assessment thresholds for the relevant pollutants are set out in Part I of Schedule 3.
9
Where a zone is classified in relation to a pollutant under paragraph (1)(a), modelling techniques may be used for supplementing the measurements taken in order to provide an adequate level of information on ambient air quality in relation to a relevant pollutant in the zone.
10
The Secretary of State may also designate a zone classified under this regulation in relation to a relevant pollutant as follows.
11
Where the relevant pollutant is sulphur dioxide, the zone may be designated under this paragraph if the limit value is exceeded in the zone owing to concentrations of sulphur dioxide in ambient air due to natural sources.
12
Where the relevant pollutant is PM 10 , the zone may be designated —
a
under this sub-paragraph if, due to natural events, concentrations of PM 10 in the ambient air are significantly in excess of normal background levels from natural sources;
b
under this sub-paragraph if, due to the resuspension of particulates following the winter sanding of roads, concentrations of PM 10 in the ambient air are significantly in excess of normal background levels from natural sources.
Review of classifications
8
1
The Secretary of State shall review the classification of each zone under regulation 7 at least once in every five years in accordance with Part II of Schedule 3.
2
The Secretary of State shall also review the classification of any zone under regulation 7 in the event of significant changes in activities affecting ambient concentrations in that zone of any of the relevant pollutants.
Method of assessment of ambient air quality
9
1
The Secretary of State shall ensure that ambient air quality is assessed in each zone by following the appropriate method for each relevant pollutant and for ozone in accordance with its current classification.
2
Where a zone is classified under regulation 7(1)(a) or (b) in relation to a relevant pollutant —
a
measurements of that pollutant must be taken at fixed sites either continuously or by random sampling; and
b
the number of measurements must be sufficiently large to enable the levels of that pollutant to be properly determined.
3
Schedule 4 shall have effect for the purposes of determining the location of sampling points for the relevant pollutants.
4
For each zone classified under regulation 7(1)(a) in relation to a relevant pollutant, the Secretary of State shall ensure that the minimum number of fixed sampling points determined in accordance with Schedule 5 is used for sampling the concentrations of that pollutant in that zone.
5
For each zone classified under regulation 7(1)(b) in relation to a relevant pollutant, the Secretary of State shall ensure that the number of fixed sampling points used for sampling that pollutant in that zone, and the spatial resolution of other techniques, shall be sufficient for the concentrations of that pollutant to be established in accordance with Part I of Schedule 4 and Part I of Schedule 7.
6
For each zone classified under regulation 7(2)(a) in relation to ozone, the Secretary of State shall ensure that the minimum number of fixed sampling points determined in accordance with Part III of Schedule 5 is used for sampling the concentrations of ozone in that zone.
7
For zones to which paragraph (6) applies, the Secretary of State shall ensure that measurements of nitrogen dioxide are made at a minimum of 50 per cent. of the ozone sampling points required by Part III of Schedule 5.
8
The measurements of nitrogen dioxide required by paragraph (7) shall be continuous, except at rural background stations, where other measurement methods may be used.
9
For zones within which information from sampling points for fixed measurement is supplemented by information from modelling or indicative measurement, the number of fixed sampling points required by Part III of Schedule 5 may be reduced, provided that —
a
the modelling techniques adopted pursuant to regulation 7(9) provide an adequate level of information for the assessment of air quality with regard to target values, information and alert thresholds;
b
the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of ozone to be established in accordance with the data quality objectives specified in Part III of Schedule 7 and lead to assessment results as specified in Part IV of Schedule 7;
c
the number of sampling points in each zone amounts to at least one sampling point per two million inhabitants, or one sampling point per 50,000 km 2 , whichever produces the greater number of sampling points;
d
each zone contains at least one sampling point; and
e
nitrogen dioxide is measured at all remaining sampling points except rural background stations.
10
The results of modelling and indicative measurements carried out in zones to which paragraph (9) applies shall be taken into account for the assessment of air quality with respect to target values.
11
For zones where five years of measurement have been carried out and, during each of the previous five years of measurement, concentrations are below the long-term objectives, the number of continuous measurement stations shall be determined in accordance with Part IV of Schedule 5.
12
Part II of Schedule 4 shall have effect for determining the classification and location of sampling points for the measurement of ozone.
13
Reference methods for —
a
the analysis of sulphur dioxide, nitrogen dioxide and oxides of nitrogen;
b
the sampling and analysis of lead;
c
the sampling and measurement of PM 10 ;
d
the sampling and analysis of benzene;
e
the analysis of carbon monoxide; and
f
the analysis of ozone and the calibration of ozone instruments
are set out in Schedule 8 and these methods must be used unless other methods are used which the Secretary of State considers can be demonstrated to give equivalent results.
14
The Secretary of State shall ensure that —
a
measuring stations to supply representative data on concentrations of PM 2.5 are installed and operated using methods for the sampling and measurement of PM 2.5 that she considers suitable; and
b
sampling points for PM 2.5 are, where possible, co-located with sampling points for PM 10 .
15
For ozone precursor substances, the Secretary of State shall ensure that —
a
at least one measuring station to supply data on concentrations of the ozone precursor substances listed in Schedule 6 is installed and operated within England; and
b
in choosing the number and siting of measuring stations for ozone precursor substances, account is taken of the provisions of Schedule 6.
16
For zones which are classified under regulation 7(1)(b) or (c), the Secretary of State shall ensure that the information set out in Part II of Schedule 7 is compiled.
17
For sulphur dioxide, nitrogen dioxide, oxides of nitrogen, benzene, carbon monoxide and ozone measurements of volume must be standardised at a temperature of 293K and a pressure of 101,3 kPa.
Action plans
10
1
The Secretary of State shall draw up action plans indicating the measures to be taken in the short term where there is any risk of the limit values for any of the relevant pollutants, or the alert thresholds for sulphur dioxide or nitrogen dioxide, being exceeded, in order to reduce that risk and to limit the duration of such an occurrence.
2
The alert threshold for sulphur dioxide is set out in paragraph 1.2 of Part I of Schedule 1 and the alert threshold for nitrogen dioxide is set out in paragraph 1.2 of Part II of Schedule 1.
3
The information threshold and alert threshold for ozone are set out in paragraph 1.1 of Part VII of Schedule 1.
4
The Secretary of State shall draw up action plans indicating the measures to be taken in the short term where there is any risk of the alert threshold for ozone being exceeded if there is in her opinion significant potential to —
a
reduce such a risk; or
b
reduce the duration or severity of such an occurrence.
5
In making the assessment required by paragraph (4), the Secretary of State shall take account of national geographical, meteorological and economic conditions.
6
The Secretary of State shall make available to the public —
a
the results of investigations undertaken in the preparation of action plans under paragraph (4);
b
the action plans; and
c
information on the implementation of the action plans.
Action to be taken where limit values are exceeded
11
1
The Secretary of State shall draw up a list of zones in which the levels of one or more of the relevant pollutants are higher than —
a
in a case where there is no margin of tolerance shown in Schedule 1 in relation to a limit value, the limit value;
b
in any other case, the limit value plus the margin of tolerance shown in Schedule 1.
2
The Secretary of State shall draw up a list of zones in which the levels of one or more of the relevant pollutants are between the limit value and the limit value plus any margin of tolerance.
3
Subject to paragraphs (6), (8) and (9), the Secretary of State shall draw up for each zone listed under paragraph (1) a plan or programme for attaining the limit values for the pollutants in question within the time limits specified in Schedule 1 and shall ensure that the plan or programme is implemented.
4
The plan or programme shall at least include the information listed in Schedule 9.
5
Where in any zone the level of more than one pollutant is higher than the limit value, an integrated plan covering all the pollutants in question shall be prepared.
6
For any zone designated under regulation 7(11), the Secretary of State may determine that plans or programmes shall be required under this regulation only where the limit values are exceeded owing to man-made emissions.
7
Plans or programmes for PM 10 which are prepared in accordance with this regulation shall also have the aim of reducing concentrations of PM 2.5 .
8
For any zone designated under regulation 7(12)(a), the Secretary of State may determine that plans or programmes shall be required only where the limit values are exceeded owing to causes other than natural events.
9
For any zone designated under regulation 7(12)(b), the Secretary of State may determine that plans or programmes shall be required only where the limit values are exceeded owing to PM 10 levels other than those caused by winter road sanding.
Programmes and measures to address ozone levels
12
1
The Secretary of State shall draw up three lists of zones, namely zones in which —
a
levels of ozone in ambient air, as assessed in accordance with regulations 7 and 9, are higher than target values;
b
levels of ozone in ambient air, as assessed in accordance with regulations 7 and 9, are higher than the long-term objectives, but equal to or below the target levels;
c
ozone levels meet the long-term objectives.
2
The Secretary of State shall draw up and implement for each zone listed under paragraph (1)(a) a plan or programme for attaining the target values from the date specified in Part II of Schedule 2.
3
The obligation in paragraph (2) will not apply if the Secretary of State considers that attaining the target values would not be achievable through proportionate measures.
4
The Secretary of State shall, in drawing up and implementing plans or programmes under paragraph (2) ensure that, where appropriate, these are integrated with plans drawn up under regulation 10.
5
Plans or programmes drawn up under paragraph (2) shall contain at least the information specified in Schedule 9, and shall be made available to the public.
6
The Secretary of State shall prepare and implement for each zone listed under paragraph (1)(b) measures which she considers to be cost-effective with the aim of achieving the long-term objectives.
7
The Secretary of State shall ensure that the measures described in paragraph (6) are, at least, consistent with the plans or programmes drawn up under paragraph (2).
8
The Secretary of State shall, for zones to which paragraph (1)(c) applies —
a
as far as factors including the transboundary nature of ozone pollution and meteorological conditions permit, ensure that ozone levels are kept below long-term objectives; and
b
preserve through proportionate measures the best ambient air quality which she considers to be compatible with sustainable development and a high level of protection for the environment and human health.
Consultations with other Member States of the European Union
13
1
For the purpose of this regulation, a transboundary pollution issue arises when —
a
in any part of the United Kingdom the level of a relevant pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold following significant pollution in another Member State of the European Union;
b
ozone concentrations in any part of the United Kingdom exceed target values or long-term objectives and a significant part of the cause of such exceedance is the emission of ozone precursor substances in another Member State of the European Union; or
c
ozone concentrations in another Member State of the European Union exceed target values or long-term objectives and a significant part of the cause of such exceedances is the emission of ozone precursor substances in the United Kingdom.
2
It shall be the duty of the relevant administration to notify the Secretary of State of any transboundary pollution issue affecting Wales, Scotland or Northern Ireland as applicable.
3
The Secretary of State shall consult any other Member State directly concerned with a view to finding a solution —
a
when she considers that a transboundary pollution issue has arisen affecting England;
b
on receiving a notification under paragraph (2); or
c
on being notified by any other Member State that the limit value or alert threshold for any relevant pollutant may be exceeded in that Member State as a result of pollution originating in any part of the United Kingdom.
4
In the case of a transboundary pollution issue to which paragraph (1)(b) or (c) applies, where the Secretary of State considers that attaining the target values or long-term objectives in the United Kingdom or the Member State concerned, as the case may be, is reasonably achievable through proportionate measures, she shall take the action prescribed in paragraph (5).
5
Where paragraph (4) applies, the Secretary of State shall, in consultation with any relevant administration directly concerned, ensure co-operation with the Member State concerned in drawing up joint plans or programmes in order to attain the target values or long-term objectives in the United Kingdom or the other Member State as the case may be.
6
The Secretary of State shall ensure that where paragraph (4) applies, action plans prepared under regulation 10(4) for England cover neighbouring zones affected in both the United Kingdom and any other Member State concerned, and shall take such steps as she considers appropriate to ensure that action plans prepared by any relevant administration under any equivalent provision cover such neighbouring zones.
7
The Secretary of State shall ensure that where paragraph (6) applies, any other Member State concerned is provided with the information specified in regulation 10(6).
8
The Secretary of State shall ensure that where ozone concentrations exceed the information threshold or alert threshold in any zone close to the borders with another Member State, full information of this occurrence is provided promptly to the competent authorities of the other Member State concerned, in order to facilitate the provision of information to the public in that Member State.
9
In discharging her obligations under this regulation, the Secretary of State shall, where appropriate, seek to ensure full co-operation with any other countries concerned, not being Member States.
10
In any case which appears to her to affect Wales, Scotland or Northern Ireland, the Secretary of State shall —
a
inform the relevant administration of any notification made under paragraph (3)(c); and
b
consult the relevant administration about any action which she proposes to take.
11
The European Commission may be present at any consultations conducted under paragraph (3) which concern relevant pollutants.
12
In this regulation, “relevant administration” means —
a
the National Assembly for Wales for matters affecting Wales;
b
Scottish Ministers for matters affecting Scotland; and
c
Northern Ireland Ministers for matters affecting Northern Ireland.
Extension of power to give directions relating to air quality
14
1
For the purposes of the implementation of any obligations of the United Kingdom under Council Directive 96/62/EC on ambient air quality assessment and management , Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air and of European Parliament and Council Directive 2000/69/EC relating to the limit values for benzene and carbon monoxide in ambient air —
a
the Secretary of State shall have the same power to give directions to local authorities in Greater London and to the Mayor of London; and
b
the Mayor of London shall have the same power to give directions to local authorities in Greater London,
as the Secretary of State has under section 85(5) of the Environment Act 1995 in relation to local authorities in England outside Greater London.
2
The provisions of subsections (6), (6A) and (7) of section 85 of the Environment Act 1995 shall apply to directions given under this regulation as they apply to directions given under that section, and in the case of subsections (6) and (7) as if the Mayor of London were a local authority.
Zones where the levels are lower than the limit value
15
1
The Secretary of State shall draw up a list of zones in which the levels of the relevant pollutants are below the limit values.
2
The Secretary of State shall ensure that the levels of the relevant pollutants in these zones are maintained below the limit values and shall endeavour to preserve the best ambient air quality compatible with sustainable development.
Public information
16
1
The Secretary of State shall ensure that up-to-date information on ambient concentrations of each of the relevant pollutants and of ozone is routinely made available to the public in accordance with the following paragraphs.
2
Information on ambient concentrations of sulphur dioxide, nitrogen dioxide and particulate matter shall be updated —
a
in the case of hourly values for sulphur dioxide and nitrogen dioxide, where practicable on an hourly basis;
b
in all other cases, as a minimum on a daily basis.
3
Information on ambient concentrations of lead shall be updated on a three-monthly basis.
4
Information on ambient concentrations of benzene, as an average value over the last 12 months, shall be updated —
a
where practicable, on a monthly basis;
b
in all other cases, as a minimum on a three-monthly basis.
5
Information on ambient concentrations of carbon monoxide, as a maximum running average over eight hours, shall be updated —
a
where practicable, on an hourly basis;
b
in all other cases, as a minimum on a daily basis.
6
The information on concentrations of ozone shall be updated —
a
where appropriate and practicable, on an hourly basis; and
b
in all other cases, as a minimum on a daily basis.
7
Information made available with respect to each of the relevant pollutants shall include —
a
an indication of the extent to which limit values and alert thresholds for relevant pollutants have been exceeded over the averaging periods specified in Schedule 1; and
b
a short assessment of those exceedances and their effects on health.
8
Information with respect to ozone made available shall include —
a
an indication of each time and the extent to which ozone concentrations exceeded —
i
the long-term objectives for the protection of human health;
ii
the information threshold; or
iii
the alert threshold
for the relevant averaging period; and
b
a short assessment of those exceedances and their effects on health;
c
comprehensive annual reports; and
d
timely information about actual or predicted exceedances of the alert threshold.
9
The annual reports referred to in paragraph (8)(c) shall, at least, contain —
a
for human health, an indication of all exceedances of the target value, long-term objective or alert threshold for the relevant averaging period; and
b
for vegetation —
i
an indication of any exceedance of the target value or long-term objective; and
ii
where appropriate, a short assessment of the effects of any such exceedance.
10
The information referred to in paragraph (9)(b) may include, where appropriate —
a
further information and assessments on forest protection, which set out for suburban, rural and rural background stations, based on one hour averaging, accumulated from May to July for a report of value for each year, whether levels of ozone concentrations in ambient air exceed 6,000µg/m 3 per hour; and
b
information on ozone precursor substances insofar as these are not covered by existing European Community legislation.
11
Information and reports required to be made available by this regulation shall be published by appropriate means including, as appropriate, broadcast media, press, publications, information screens, the internet or other computer network services.
12
The Secretary of State shall ensure that where information is provided to the public under paragraphs (7) and (13) —
a
where there has been an exceedance of the information and alert threshold for ozone it includes the information specified in paragraph 1.2 of Part VII of Schedule 1; and
b
where practicable, the information specified in paragraph 1.2 of Part VII of Schedule 1 is provided where an exceedance of the information threshold or alert threshold for ozone is predicted.
13
When an alert threshold for sulphur dioxide or nitrogen dioxide is exceeded, the Secretary of State shall ensure that the necessary steps are taken to inform the public, and the information made available shall as a minimum include the information specified in paragraphs 1.3 of Part I and 1.3 of Part II, as applicable, of Schedule 1.
14
Information to be made available to the public under this regulation shall include the map mentioned in the definition of “zone” in regulation 2 and action plans, plans and programmes prepared under regulations 10 and 11 respectively.
15
For the purposes of this regulation, the public includes, but is not limited to, health care bodies and organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment.
16
Information made available under this regulation shall be clear, comprehensible and accessible.
Revocations and transitional provisions
17
1
The instruments referred to in Schedule 10 are revoked in accordance with that schedule.
2
Until 1st January 2005, if the methods prescribed by these regulations for the assessment of suspended particulate matter are used for the purpose of demonstrating compliance with Annex IV of Directive 80/779/ EEC of 15th July 1980 on air quality limit values and guide values for suspended particulates , the data so collected shall be multiplied by a factor of 1.2.
Information requirements
18
1
The Secretary of State shall ensure that the information specified in Part I of Schedule 11 is obtained and collated.
2
The criteria for aggregating data and calculating statistical parameters specified in Part II of Schedule 11 shall apply.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
13th August 2003


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 3) Order 2003, and comes into force on 1st December 2003.
Amendment of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
2
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (“the principal Order”) is amended as follows.
Company dealing in own shares as principal
3
After article 18 of the principal Order insert —
Dealing by a company in its own shares
18A
1
A company does not carry on an activity of the kind specified by article 14 by purchasing its own shares where section 162A of the Companies Act 1985 (Treasury shares) applies to the shares purchased.
2
A company does not carry on an activity of the kind specified by article 14 by dealing in its own shares held as treasury shares, in accordance with section 162D of that Act (Treasury shares: disposal and cancellation).
3
In this article “shares held as treasury shares” has the same meaning as in that Act.
.
John Heppell, Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 2003


text:
Title and commencement
1
These Regulations may be cited as the Food (Brazil Nuts) (Emergency Control) (England) (Amendment) Regulations 2003 and shall come into force on 25th November 2003.
Amendments to the Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003
2
1
The Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003 shall be amended in accordance with paragraph (2).
2
For paragraphs (1) to (3) of regulation 6 (re-dispatch or destruction of illegal imports) there shall be substituted the following paragraphs —
1
If on sampling or analysis of any Brazil nuts it appears to an authorised officer of a port health authority or as the case may be food authority that they do not comply with the maximum levels for aflatoxin B1 and aflatoxin total established by Commission Regulation ( EC ) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs he may after appropriate consultation with a person appearing to him to be the importer serve on that person a notice ordering —
a
the re-dispatch of the Brazil nuts to the country of origin within such reasonable period as shall be specified in the notice, but only if the conditions specified in points (a) to (c) of Article 6 of the Commission Decision are complied with; or
b
(where those conditions are not complied with) the destruction of the Brazil nuts within such reasonable period as shall be so specified.
2
The notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether the notice should be upheld or set aside.
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
19th November 2003