text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 and shall come into force on 1st September 1996 except for regulation 21(9), which shall come into force on 1st January 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1993 Regulations ” means the Chemicals (Hazard Information and Packaging) Regulations 1993 , as if the amendments made by paragraphs 2 to 19, 21 to 29 and 31 to 33 of Schedule 9 to the 1994 Regulations had not been made;
“the 1994 Regulations” means the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 ;
“ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957 , as revised or re-issued from time to time;
“ADR mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with ADR; and
comply with the provisions relating to their manufacture which are required by ADR;
“aerosol” means a non-refillable receptacle made of metal, glass or plastics and containing a gas which is compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state;
“agricultural or forestry tractor” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996 ;
“approved” means approved in writing;
“Approved Carriage List” means the list described in regulation 4(1)(a) as revised in accordance with regulation 4(2);
“approved documents” means the documents approved by the Health and Safety Commission in accordance with regulation 4(1) as revised in accordance with regulation 4(2);
“approved method” shall be construed in accordance with regulation 4(1)(b);
“approved person” has the meaning assigned to it in regulation 15(1);
“ Approved Requirements ” means the document “Approved Requirements for Transport able Pressure Requirements” described in regulation 4(1)(c) as revised in accordance with regulation 4(2);
“approved test” means a test approved for the purposes of regulation 6(1)(e)(i) by a competent authority;
“approved testing laboratory” means a laboratory approved for the purposes of regulation 6(1)(e)(i) by a competent authority;
“carriage” means carriage by road or on a railway (in each case on a vehicle) and shall be construed in accordance with regulation 3(2), and related words shall be construed accordingly;
“certificate holder” means the person whose name is included in or is identifiable from the ADR mark, the RID mark, the UN mark or, as the case may be, the joint ADR and RID mark;
“classification” in relation to dangerous goods shall be construed as a reference to the classification of those goods ascertained in accordance with regulation 5 and “classified” shall be construed accordingly;
“competent authority” means a person or organisation in any country which is for the time being a competent authority for the purposes of —
the testing and certification of packagings;
the approval of tests and laboratories;
the certification of the completion of approved tests;
the allocation of ADR marks, RID marks, UN marks and joint ADR and RID marks; and
the approval of persons to examine, test and certify transportable pressure receptacles,
and for Great Britain the competent authority as regards transportable pressure receptacles means the Executive and in all other cases means the Secretary of State;
“competent person” has the meaning assigned to it in paragraph 6 of Schedule 8;
“consignor” shall be regarded as —
the person who, having a place of business in Great Britain, consigns (whether as principal or agent for another) dangerous goods for carriage; or
if no person satisfies the requirements of sub-paragraph (a) above, the consignee of dangerous goods insofar as that person has control over the carriage of those goods in Great Britain;
“container” means an article of carriage equipment with an internal volume of not less than 1 cubic metre which is —
of a permanent character and strong enough for repeated use;
designed to facilitate the carriage of goods, by one or more modes of carriage, without intermediate reloading;
designed to be readily handled; and
designed to be easy to fill and empty,
but does not include an intermediate bulk container, any packagings, a tank, a transportable pressure receptacle or a vehicle;
“ COTIF ” means the Convention concerning International Carriage by Rail , as revised or re-issued from time to time;
“danger sign” means the sign for dangerous goods shown in column 6 of Part I of Schedule 1 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;
“dangerous goods” means any —
explosives;
radioactive material;
goods named individually in the Approved Carriage List (other than when so diluted or treated that they no longer have the hazardous properties of those goods); or
any other goods which have one or more of the hazardous properties,
and for the purposes of this definition “goods” means articles or substances;
“demountable tank” means a tank —
other than a tank which is —
attached to the frame of the vehicle (whether structurally or otherwise) and, except when empty, is not intended to be removed from the vehicle, or
an integral part of the vehicle;
which —
has a capacity greater than 450 litres,
is not designed for the carriage of goods without breakage of load, and
can normally only be handled when empty;
“design standard” means a standard for the design of more than one type of transportable pressure receptacle;
“EEC-type cylinder” has the meaning assigned to it by regulation 13(b);
“examination” means, in respect of a transportable pressure receptacle, a careful and critical scrutiny of that receptacle in or out of service, as appropriate, using suitable techniques, including testing where appropriate, to assess —
its actual condition; and
whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out, and for this purpose “normal maintenance” means such maintenance as is reasonable to expect the owner of a transportable pressure receptacle to ensure is carried out independently of any advice from the approved or competent person making the examination;
“the Executive” means the Health and Safety Executive;
“explosives” means explosive articles or explosive substances which —
have been assigned on classification in accordance with the Classification and Labelling of Explosives Regulations 1983 to Class 1; or
are unclassified and are being carried in a vehicle in connection with an application for their classification under the Classification and Labelling of Explosives Regulations 1983 and in accordance with the Carriage of Explosives by Road Regulations 1996 ;
“explosive article” means an article containing one or more explosive substances;
“explosive substance” means —
a solid or liquid substance; or
a mixture of solid or liquid substances or both,
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
“factory” has the meaning assigned to it by section 175 of the Factories Act 1961 ;
“fire authority” has the meaning assigned to it by section 38(1) of the Fire Services Act 1947 ;
“flash point” means the flash point of dangerous goods determined in accordance with the appropriate approved method;
“gas” means a gas classified as a flammable gas, a toxic gas or a non-flammable, non-toxic gas in accordance with Schedule 1;
“genetically modified micro-organisms and organisms” means micro-organisms and organisms in which genetic material has been altered through genetic modification in a way that does not occur naturally;
“genetic modification” means the alteration of genetic material otherwise than by mating or natural recombination or both;
“goods named individually” in relation to the Approved Carriage List means those goods whose proper shipping names do not include either an asterisk or the letters “NOS”;
“harbour area” has the meaning assigned to it in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
“hazardous properties” means any of the properties of dangerous goods shown in column 2 of Part I of Schedule 1 and determined in accordance with the appropriate approved method;
“intermediate bulk container” means a rigid, semi-rigid or flexible portable packaging which has a capacity of 3 cubic metres or less, which is designed for mechanical handling and which satisfies the requirements of regulation 6(1)(e);
“joint ADR and RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR and RID to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with ADR and RID; and
comply with the provisions relating to their manufacture which are required by ADR and RID;
“military establishment” means an establishment intended for use for naval, military or air force purposes or the purposes of the department of the Secretary of State for Defence;
“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954 ;
“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
“nominal capacity” means in relation to the carriage of dangerous goods in a receptacle, the nominal volume of those goods, measured in litres and, in any case, not less than 80% of the internal volume of the receptacle;
“overpack” means the unit formed when one or more packages are assembled on or in a device, including ropes or straps, which enables them to be handled as one unit, but does not include a container;
“owner” means in relation to a transportable pressure receptacle, the employer or the self-employed person who owns it (other than a person who buys it solely to use the gas therein before selling it back to the supplier) or, in the case of a lease, the lessee or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if there is no such agent, the user;
“package” means the package in which dangerous goods are carried and which is liable to be individually handled during the course of the carriage, and includes —
the dangerous goods being carried; and
any packagings (other than a tank or an overpack) associated with the dangerous goods;
“packagings” means the receptacle (whether or not a transportable pressure receptacle) and any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function but does not include a container, a skip, a pallet, a vehicle or other article of carriage equipment;
“packing group” means the group to which dangerous goods with relevant properties are allocated in accordance with regulation 5;
“petroleum-spirit” has the meaning assigned to it by section 23 of the Petroleum (Consolidation) Act 1928 ;
“ Pressure Vessels Framework Directive ” means Council Directive 76/767/ EEC , concerning the approximation of laws of the member States relating to common provision for pressure vessels and methods for inspecting them;
“radioactive material” has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991 ;
“railway” means a system of carriage employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which —
is a tramway within the meaning of section 67(1) of the Transport and Works Act 1992 ; or
is operated wholly within a harbour area, factory, military establishment, mine or quarry;
“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;
“relevant properties” means the properties of dangerous goods which determine the packing group for those goods;
“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to COTIF;
“RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in RID to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with RID; and
comply with the provisions relating to their manufacture required by RID;
“road” means —
in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ; and
in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ;
“road tanker” means a motor vehicle or trailer constructed or adapted for the carriage of goods which has a tank (in these Regulations referred to as a “carrying tank”) which is —
attached to the frame of the vehicle (whether structurally or otherwise) and (except when empty) is not intended to be removed from the vehicle;
an integral part of the vehicle; or
a demountable tank,
and any reference in these Regulations to the carrying tank of a road tanker shall, unless the context otherwise requires, be construed as a reference to each carrying tank attached to it or being an integral part of it as aforesaid or, as the case may be, a demountable tank;
“safe operating limits” means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;
“separate Directives” means Council Directives 84/525/EEC , 84/526/EEC and 84/527/ EEC concerning the approximation of laws of the member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders, respectively;
“subsidiary hazard” means any hazard created by the hazardous properties of dangerous goods other than the most hazardous property;
“subsidiary hazard sign” means the sign for the subsidiary hazard of dangerous goods shown in column 2 of Part I of Schedule 2 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;
“the supply Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ;
“system failure” means the unintentional release of stored energy (other than from a pressure relief system) from a transportable pressure receptacle;
“tank” means a tank which is —
used for the carriage of a liquid, gaseous, powdery or granular material or a sludge; and
so constructed that it can be securely closed (except for the purpose of relieving excess pressure) during the course of carriage,
and includes an assembly of transportable pressure receptacles interconnected by a manifold and mounted on a frame where —
the frame is permanently fixed to a vehicle; or
the receptacles have a total volume of 1000 litres or more,
but does not include —
an intermediate bulk container;
a hopper with a loose-fitting lid;
a transportable pressure receptacle;
an aerosol; or
packagings which satisfy the requirements of sub-paragraph (1)(e) of regulation 6 or are excluded from the need to satisfy those requirements by virtue of sub-paragraphs (3)(c) to (f) of that regulation;
“tank container” means a tank (other than the carrying tank of a road tanker or tank wagon), whether or not divided into separate compartments, having a total capacity of more than 450 litres (or 1000 litres in the case of tanks used for the carriage of a gas);
“tank wagon” comprises a superstructure, consisting of one or more tanks (including their openings and closures), their items of equipment, and an underframe fitted with its own items of equipment (including running gear, suspension, buffing, traction, braking gear and inscriptions);
“trailer” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986;
“transportable pressure receptacle” means any receptacle, other than an aerosol, and including any permanent fitting of such a receptacle, which is used or intended to be used for the carriage of gas and which —
has a volume not exceeding 1000 litres; or
if seamless, has a volume not exceeding 5000 litres,
and includes a transportable assembly of such receptacles, in which each receptacle has a volume not exceeding 150 litres, held firmly together and interconnected by a manifold;
“UN mark” means a mark allocated by the competent authority for that mark, being a mark specified in the United Nations Recommendations to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with; and
comply with the provisions relating to their manufacture required by,
the United Nations Recommendations;
“UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the Approved Carriage List as a means of identification for dangerous goods;
“the United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G ( XXIII ) of 26th April 1957)) , as revised or re-issued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of 6 months after any revision or re-issue, be a reference to either the document as it was immediately before that revision or re-issue took effect or the document as revised or re-issued;
“vehicle” means any conveyance which is used for carrying goods by road or by rail.
2
In these Regulations —
a
any reference to a vehicle under the control of the armed forces is a reference to —
i
a vehicle on board which there is, as a member of its crew, a member of the armed forces acting in the course of his duties, or
ii
a vehicle in a convoy escorted by a vehicle of the type referred to in sub-paragraph (i),
where “member of the armed forces” means —
iii
a member of Her Majesty’s Forces,
iv
a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952 , or
v
a civilian who is an employee of Her Majesty’s Forces; and
b
any reference to a vehicle owned by the armed forces is a reference to a vehicle owned by —
i
Her Majesty’s Forces,
ii
visiting forces within the meaning of Part I of the Visiting Forces Act 1952, or
iii
any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ,
and includes a vehicle which has been provided to the armed forces under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application of these Regulations
3
1
Subject to paragraph (2), regulations 3 to 11shall apply to and in relation to the carriage of any dangerous goods except where —
a
the carriage forms part of an international transport operation within the meaning of COTIF and the goods have been classified, packaged and labelled in accordance with RID;
b
the carriage concerned is part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement;
c
the carriage concerned is part of an international transport operation within the meaning of article 1(c) of ADR and the carriage —
i
complies with the provisions of Annex A or Annex B or both to that Agreement, or
ii
is in a vehicle under the control of the armed forces or a vehicle owned by the armed forces, where they are the armed forces of a country which is a contracting party to ADR;
d
the carriage concerned is part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement;
e
the goods are being carried for or in connection with the carriage of those goods by sea and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organisation , as revised or re-issued from time to time;
f
the goods are being carried for or in connection with the carriage of those goods by air and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation , as revised or re-issued from time to time;
g
the goods are being carried in machinery or equipment other than in —
i
any article specified in the Approved Carriage List, or
ii
a receptacle primarily intended for carrying goods,
for purposes solely in connection with the operation of the said machinery or equipment;
h
the vehicle in which the goods are being carried is not being used for, or in connection with, work;
i
the goods are being carried —
i
between private premises and another vehicle situated in the immediate vicinity of those premises, or
ii
between one part of private premises and another part of those premises situated in the immediate vicinity of that first part where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road;
j
as a result of an emergency or accident, the goods are being carried by or under the orders of the emergency services to the nearest suitable place, solely in order that they can be re-packed or disposed of there, provided that any packagings in which the goods are being carried are —
i
clearly marked to indicate that those goods are dangerous, and
ii
sealed so as to prevent the goods from escaping;
k
the goods are a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;
l
the goods are being carried on a railway from one part of a harbour area, factory, military establishment, mine or quarry to another part of that harbour area, factory, military establishment, mine or quarry, as the case may be;
m
the goods are explosives;
n
the goods are live animals;
o
the goods are being carried —
i
for purposes solely in connection with the operation of the vehicle, container or tank carrying them, and
ii
in —
aa
a tank which forms part of or is permanently attached to the vehicle, container or tank carrying them, or
bb
a battery or the fire safety equipment of the vehicle carrying them;
p
the goods are petroleum-spirit which is —
i
intended for use solely as fuel in any internal combustion engine,
ii
neither wholly nor partly for sale, and
iii
being carried in a receptacle which was manufactured before 1st January 1997 and conforms with the requirements of —
aa
the Petroleum-spirit (Motor Vehicles, &c.) Regulations 1929 , or
bb
regulations 3 to 7 of the Petroleum-Spirit (Plastic Containers) Regulations 1982 ; or
q
the goods are radioactive material (other than that which is being carried in accordance with the conditions specified in Schedules 1 to 4 of marginal 2704 to the ADR).
2
For the purposes of these Regulations, —
a
dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle for the purpose of carrying them by road or on a railway until either —
i
they are removed from the vehicle; or
ii
any receptacle containing the goods which is on the vehicle has been cleaned or purged so that any of the goods or their vapour which remain in the receptacle is not sufficient to create a significant risk to the health or safety of any person,
and in either case whether or not the vehicle is on a road or, as the case may be, railway at the material time; and
b
i
the carriage of dangerous goods, and
ii
the consignment of dangerous goods in packages,
shall be deemed to include the carriage or consignment, as the case may be, of uncleaned, empty packages which have contained dangerous goods where those packages still contain sufficient of those dangerous goods (or vapours therefrom) to create a significant risk to the health or safety of any person.
3
Where dangerous goods are consigned in an overpack and the particulars on the packages therein cannot be clearly seen, the requirements of regulations 8 and 11, and the derogations in regulations 9 and 10 shall apply to the overpack as if it were a package containing the said dangerous goods.
4
Regulations 12 to 17 shall apply to, and in relation to, transportable pressure receptacles used or intended to be used at work, except —
a
where the exceptions contained in subparagraphs (a) to (g) of paragraph (1) apply;
b
to any receptacle known as a two-part beer keg, one part of which is intended to contain a gas or a mixture of gases under pressure;
c
to any receptacle used for the conveyance or storage of beer or carbonated drinks, the capacity of which does not exceed 0.252 cubic metres and the maximum working pressure of which is not greater than 12 bar above atmospheric pressure;
d
to any portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilogrammes; or
e
subject to paragraph (5), to any transportable pressure receptacle manufactured before 1st January 1999 which is of a type not covered by the Approved Requirements at the time of its manufacture.
5
Notwithstanding paragraph (4)(e) of this regulation the following provisions shall apply to the receptacles referred to therein —
a
(subject to the exemptions contained in paragraphs (4)(a) to (d) of this regulation) Schedule 4; and
b
(subject to the exceptions contained in Schedule 9), Schedule 8.
6
Any requirement or prohibition imposed by these Regulations on a person who designs any transportable pressure receptacle or any article which is intended to be a component part thereof, shall extend only to —
a
such receptacle or article designed in the course of a trade, business or other undertaking carried on by him (whether for profit or not); and
b
matters within his control.
7
These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods —
UN 2900 INFECTIOUS SUBSTANCE, AFFECTING ANIMALS* only UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S* UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S* UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS;
where those goods are being carried in —
an agricultural or forestry tractor;
mobile machinery;
a vehicle with less than 4 wheels;
a vehicle with a maximum design speed of 25km/h or less; or
a vehicle owned by the armed forces or a vehicle under the control of the armed forces.
8
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.
Meaning of and revisions to the Approved Carriage List and other approved documents
4
1
The Health and Safety Commission shall approve and publish for the purposes of these Regulations the following documents (in these Regulations referred to as “approved documents”) entitled —
a
“Approved Carriage List”, which shall contain —
i
a list of dangerous goods for which the Commission has approved the following information —
aa
in column 1, the proper shipping name of the goods and other relevant information,
bb
in column 2, the UN number,
cc
in column 3, the code for the classification for carriage,
dd
in column 4, the code for any subsidiary hazard,
ee
in column 5, the emergency action code, if any,
ff
in column 6, the hazard identification number, if any,
gg
in column 7, whether the goods may be carried in tanks,
hh
in column 8, whether the goods may be carried in bulk,
ii
in column 9, the packing group, if any,
jj
in column 10, the code for any special provision, and
ii
explanatory notes and other material which are requisite for its use;
b
“Approved Requirements and Test Methods for the Classification and Packaging of Dangerous Goods for Carriage”, which shall contain —
i
the appropriate methods for ascertaining —
aa
the hazardous properties of dangerous goods in order of degree of hazard,
bb
the flash points of dangerous goods,
cc
the relevant properties of dangerous goods, and
dd
the suitability of packagings for dangerous goods, and
ii
explanatory notes and other material which are requisite for its use; and
c
“Approved Requirements for Transportable Pressure Receptacles”, which shall contain requirements relating to the design, construction, use, modification, repair, testing, examination, filling and marking of transportable pressure receptacles.
2
The Health and Safety Commission may approve a revision of any of the approved documents referred to in paragraph (1) and, when it does so, the Commission shall within 3 months of the date of that approval publish, in such manner as it considers appropriate, a notice specifying the revision, the date on which it was approved and the date on which it takes effect, which last-mentioned date shall be not less than 6 months after the date of the approval of the revision.
PART II
CLASSIFICATION, PACKAGING AND LABELLING
Classification and ascertainment of other particulars of dangerous goods
5
1
A person shall not consign dangerous goods for carriage unless the classification for those goods and the particulars specified in the following paragraphs of this regulation have been ascertained in accordance with those paragraphs.
2
In the case of goods which are named individually in the Approved Carriage List (subject to any special provisions relating to those goods in column 10 of the list) —
a
the classification shall be that specified in column 2 of table 1 in the explanatory notes to the Approved Carriage List for the classification code specified in the corresponding entry in column 1 of that table which code is indicated in column 3 of the entry for those goods in the list; and
b
the particulars to be ascertained are as follows —
i
the packing group, if any, specified in column 9 of the entry for those goods in the list, and
ii
the subsidiary hazards, if any, specified in column 2 of table 2 of the explanatory notes to the Approved Carriage List for the subsidiary hazard code specified in the corresponding entry in column 1 of that table, which code is indicated in column 4 of the entry for those goods in the list.
3
In the case of all other goods —
a
the classification shall be that specified in column 1 of Part I of Schedule 1 for the most hazardous property of the goods specified in the corresponding entry in column 2 of that Part, which property shall be determined in accordance with the appropriate approved method; and
b
the particulars to be ascertained are as follows —
i
the packaging group, if any, shall be that specified in column 4 of Part I of Schedule 1 for the relevant property of the goods specified in the corresponding entry in column 3 of that Part, which property shall be determined in accordance with the appropriate approved method, and where there is more than one relevant property, the packing group shall be that group with the lowest number, except in the case of goods classified either as flammable solids because they are self-reactive substances or as organic peroxides, when the packing group shall be II , and
ii
the subsidiary hazards, if any, determined in accordance with the appropriate approved method.
4
In the case of all goods, other particulars to be ascertained are as follows —
a
the designation comprising one of the proper shipping names of the goods specified in column 1 for the entry for those goods in the Approved Carriage List together with additional information determined in accordance with the explanatory notes to the list;
b
the UN number specified in column 2 for the entry for the goods in the Approved Carriage List;
c
the danger sign shown in column 6 of Part I of Schedule 1 for the classification of the goods specified in the corresponding entry in column 1 of that Part; and
d
the subsidiary hazard sign, if any, shown in column 2 of Schedule 2 for each subsidiary hazard of the goods specified in the corresponding entry in column 1 of that Schedule.
5
In the case of goods which are not named individually in the Approved Carriage List, the entry for the goods in that list for the purpose of ascertaining the particulars in paragraph (4)(a) and (b) shall be that which most fully and accurately describes those goods.
Consignment of dangerous goods in packages
6
1
The consignor shall not consign any dangerous goods for carriage in packages unless those packages are suitable, and in particular, unless —
a
the packages, and any packaging or overpack associated with the packages are designed, constructed, maintained, filled and closed so as to prevent any of the contents of those packages from escaping when subjected to the stresses and strains of normal handling and conditions encountered in carriage, except that this shall not prevent the fitting of a suitable safety device;
b
the packages, and any packagings or overpack associated with the packages are, insofar as they are likely to come into contact with the contents of those packages, made of materials which are liable neither to be adversely affected by those contents to the extent that a risk to the health or safety of any person is likely to be created nor, in conjunction with them, to form any substance which is likely to create such a risk;
c
where the receptacles are fitted with replaceable closures, those closures are designed so that the receptacles concerned can be repeatedly re-closed without their contents escaping;
d
any conditions relating to the packaging or packing of the goods specified in the explanatory notes to the Approved Carriage List opposite the special provision code for those goods, which code is indicated in column 10 of the entry for those goods in the list, are complied with; and
e
subject to paragraph (3) —
i
the packagings are of a design type which has been tested by an approved testing laboratory using approved tests,
ii
the competent authority which approved the tests referred to in head (i) of this sub-paragraph has issued a certificate confirming that they have been satisfactorily completed, and
iii
the packagings have been allocated an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark by a competent authority and bear that mark,
or, alternatively, the packagings are packagings which meet the requirements of heads (i) to (iii) above, and which have been reconditioned in accordance with a specification approved by a competent authority and have been allocated an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark by that competent authority and bear that mark.
2
The consignor of any dangerous goods for carriage in packages shall ensure that —
a
the packagings referred to in sub-paragraph (e) of paragraph (1) are filled, closed and used in accordance with —
i
any conditions specified in the certificate issued by the competent authority and the associated test report, and
ii
the appropriate approved method; and
b
the marks referred to in head (iii) of that sub-paragraph are durable, legible and large enough to be readily visible.
3
Packagings shall not be required to meet the requirements of paragraph (1)(e) if —
a
they are transportable pressure receptacles or aerosols, together with any associated packagings;
b
they have a capacity exceeding 3 cubic metres;
c
they contain goods which appear in or have a classification which is specified in column 1 of Schedule 3 —
i
insofar as they are within the packing group, if any, specified in the corresponding entry in column 2 of that Schedule, and
ii
are contained in individual receptacles containing quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule (or, in the case of a gas, contained in individual receptacles not exceeding the volumes specified in that column),
provided that the total gross mass of any package containing any receptacles such as are referred to above shall not exceed 30 kilogrammes;
d
the entry for the goods in the Approved Carriage List so indicates;
e
in relation to particular dangerous goods, the appropriate approved method so indicates; or
f
they have a nominal capacity of 25 litres or less, are uncleaned empty and are being consigned to a suitable place for no other purpose than cleaning or disposal.
4
In this regulation “reconditioned” packaging means packagings which have been —
a
cleaned back to the original materials of construction with all contents, internal and external corrosion and external coatings and labels removed;
b
restored to their original shape and contour, with chimes (if any) straightened and sealed and all non-integral gaskets replaced; and
c
inspected after cleaning but before painting, with rejection of packagings with visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures or other significant defects.
Use of marks on packagings
7
1
No person shall mark any packagings with a mark which is liable to be confused with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark.
2
No person shall mark any packagings with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark —
a
other than in accordance with any requirements specified by the competent authority in relation to that mark; or
b
without the authority of the certificate holder unless the mark is a duplicate of a mark the use of which by that person has been authorised by the holder.
Particulars to be shown on packages containing dangerous goods
8
1
Subject to paragraphs (3) to (6) and regulation 9, a consignor shall not consign dangerous goods for carriage in a package unless —
a
the package in which those goods are carried clearly shows in accordance with regulation 11 the particulars specified in paragraph (2) or permits those particulars when shown on the receptacle or on inner packagings to be clearly seen; and
b
any conditions relating to the particulars to be shown on that package specified in the explanatory notes to the Approved Carriage List opposite the special provision code for the goods in question, which code is indicated in column 10 of the entry for those goods in the list, are complied with.
2
The particulars required under paragraph (1)(a) shall be the following particulars ascertained in accordance with regulation 5 namely —
a
the designation of the goods;
b
the UN number (in all cases preceded by the letters “UN”);
c
the danger sign; and
d
any subsidiary hazard signs.
3
Where two or more dangerous goods having the same classification or the same subsidiary hazard are consigned in a package in separate receptacles, nothing in paragraph (2) shall prevent a single danger sign or subsidiary hazard sign, as the case may be, from being shown for all the goods concerned.
4
Where dangerous goods are consigned in individual receptacles which, in accordance with regulation 6(3)(c), are not required to meet the requirements of regulation 6(1)(e), such receptacles and any packages in which they are contained shall not be required to show the particulars referred to in paragraph (1) and specified in paragraph (2) unless, subject to paragraph (5), they are consigned in a package containing 2 or more receptacles, in which case the package shall be required to show the particulars specified in sub-paragraphs (a) and (b) of paragraph (2), or, where the package contains dangerous goods of more than one designation, either —
a
the words “Dangerous Goods in Limited Quantities of Class(es) X, Y, etc.”, where X, Y, etc. are the codes specified in column 3 of the Approved Carriage List; or
b
the particulars specified in sub-paragraph (a) of paragraph (2),
for each of the dangerous goods in the package.
5
Notwithstanding paragraph (4), where dangerous goods are consigned in a package containing 2 or more receptacles to a retail outlet the package shall not be required to show the particulars specified in sub-paragraphs (a) and (b) of paragraph (2) (or, as the case may be, the particulars specified in sub-paragraphs (a) or (b) of paragraph (4)), provided the goods therein are intended for consumption by individuals for the purposes of personal care or household use.
6
The requirements of sub-paragraph (a) of paragraph (1) shall not apply in relation to dangerous goods to the extent that they are disapplied by the special provisions for those goods in the Approved Carriage List, the code for such provisions being in column 10 of the said list.
Derogations from regulation 9 of the supply Regulations and regulation 8 of these Regulations
9
1
Where a package would otherwise be required to show the particulars required by both regulation 9 of the supply Regulations and regulation 8 of these Regulations, it shall be sufficient compliance with those regulations if the package shows in accordance with regulation 11 the particulars specified in the following paragraphs of this regulation.
2
Except in the case of a pesticide, where the package consists only of a single receptacle, the specified particulars are the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) in the case of preparations) of regulation 9 of the supply Regulations and paragraphs (2)(b), (c) and (d) of regulation 8 of these Regulations.
3
Except in the case of a pesticide, where the package consists of one or more receptacles in outer packagings, the specified particulars are either the particulars required by paragraph (2) or the particulars required by regulation 8 of these Regulations.
4
In the case of a pesticide (whether the package consists only of a single receptacle or of one or more receptacles in outer packagings), the specified particulars are the particulars required by paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) of regulation 9 of the supply Regulations and paragraph (2)(b), (c) and (d) of regulation 8 of these Regulations.
5
Where, to facilitate handling, a package consists of two or more smaller packages held together in such a way that the labels on those smaller packages can be clearly seen, then it shall be sufficient compliance with paragraph (3) or (4) if those smaller packages are labelled in accordance with the relevant paragraph.
6
In this regulation “pesticide” and “preparations” have the same meanings as in the supply Regulations.
Derogations from regulation 9 of the supply Regulations
10
1
Where a package is required to show the particulars required by regulation 9 of the supply Regulations, but is excepted from showing the particulars required by regulation 8 of these Regulations because it shows the particulars required by any of the transport rules specified in regulation 3(1)(a) to (f) it shall be a sufficient compliance with regulation 9 of the supply Regulations if the package shows the particulars specified in the following paragraphs of this regulation.
2
Where the package consists only of a single receptacle, the specified particulars are —
a
the particulars required by whichever of the transport rules is appropriate; and
b
the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi)) of regulation 9 of the supply Regulations in accordance with regulation 11.
3
Where the package consists of one or more receptacles in outer packagings, the specified particulars are those required by whichever of the transport rules is appropriate.
Methods of marking or labelling packages
11
1
The particulars required to be shown by regulations 8 to 10 shall be —
a
displayed so that they can be read easily when the package is placed in an attitude in which it may normally be expected to be placed;
b
such that they stand out from their background so as to be readily noticeable;
c
either clearly and indelibly marked on the package or clearly and indelibly printed on a label which, subject to paragraph (2), is securely fixed to the package with its entire surface in contact with it; and
d
in English, except that (other than in the case of the designation of goods required to be shown in accordance with regulation 8) where goods are supplied to a recipient in another Member State, the particulars may be in an official language of that State.
2
Where it is not reasonably practicable to attach a label in accordance with paragraph 1(c) the label shall be attached in some other appropriate manner.
3
Subject to paragraph (4), danger and subsidiary hazard signs shall have a side length of at least 100 millimetres.
4
If the package is an awkward shape or so small that it is not possible to display the relevant sign in accordance with paragraph (3) the sign shall be as large as is practicable.
5
Where, by virtue of regulation 9 or 10, a package is labelled in accordance with regulation 9 of the supply Regulations, that package shall be marked or labelled in accordance with regulation 11 of those Regulations.
PART III
TRANSPORTABLE PRESSURE RECEPTACLES
Design, manufacture, modification and repair
12
1
Any person who designs, manufactures, imports or supplies a transportable pressure receptacle intended for containing dangerous goods shall ensure that —
a
it is safe and suitable for its purpose; and
b
it complies with the appropriate design, construction, and quality assurance requirements of the Approved Requirements, including any requirement therein for the approval or supervision of the design or construction by an approved person, the examination or testing by an approved person or the approval or supervision of a quality assurance scheme for the design, construction, examination or testing by an approved person.
2
Any person who modifies or repairs a transportable pressure receptacle shall ensure that, following such modification or repair, it complies with the requirements specified in sub-paragraphs (a) and (b) of paragraph (1).
3
No person shall supply, and no owner shall fill or use, a transportable pressure receptacle which has been —
a
modified or repaired; or
b
damaged in such a way that it appears that there may be a risk to safety.
unless, subsequent to the modification, repair or damage, it has been examined and tested by —
c
an approved person in accordance with the appropriate examination and testing requirements of the Approved Requirements; or
d
in the case of an EEC-type cylinder, an inspection body referred to in regulation 13(b)(i).
4
No person shall manufacture a transportable pressure receptacle unless he has the technical expertise and all other suitable means required for the manufacture of that receptacle in accordance with the appropriate construction requirements of the Approved Requirements, including suitably qualified personnel to —
a
supervise the entire manufacturing process;
b
carry out joining of materials; and
c
carry out the relevant tests.
Approved Requirements, approval and certification
13
No person shall import, supply or own a transportable pressure receptacle containing dangerous goods unless either —
a
he has received evidence, either by a certificate in writing or a stamp on the receptacle, provided —
i
by an approved person, or
ii
in accordance with a quality assurance scheme approved and supervised by an approved person,
that the receptacle conforms with the appropriate design and construction requirements of the Approved Requirements; or
b
the receptacle is an EEC-type cylinder, that is to say —
i
there is an EEC Verification Certificate in force in respect of it issued by an inspection body which, under the law of any Member State, is authorised to grant such a certificate for the purposes of the Pressure Vessels Framework Directive and the separate Directive relating to that type or cylinder, or, in the case of a cylinder not subject to EEC verification under any of the separate Directives, it conforms to the requirements of the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder, and
ii
it bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder.
Marking of transportable pressure receptacles
14
The owner of a transportable pressure receptacle shall ensure that —
a
the receptacle has been marked by a competent authority or an approved person, following —
i
an initial examination and test to certify that the receptacle conforms with the appropriate initial examination and test requirements of the Approved Requirements, and
ii
where required by the Approved Requirements, an examination and test to certify that the receptacle conforms with any relevant periodic examination or test requirements of the Approved Requirements; and
b
a further periodic examination in accordance with the appropriate periodic examination and test requirements of the Approved Requirements is not overdue.
Approved persons
15
1
In these Regulations, an approved person means —
a
a person approved by the Executive for the performance of particular functions under this Part, which functions shall be specified by the Executive in the certificate of approval; or
b
a person approved by a competent authority other than the Executive, for the performance of particular functions in relation to transportable pressure receptacles under the ADR,
and any reference in these Regulations to an approved person in connection with a particular function is a reference to a person approved for the performance of that function.
2
Any approval under paragraph (1)(a) shall be by a certificate in writing, may be made subject to conditions and may be revoked by a certificate in writing at any time.
3
Following an approval under paragraph (1)(a), the Executive shall carry out, upon reasonable notice, a surveillance inspection of the approved person at such intervals as the Executive considers appropriate and for that purpose the approved person shall, at his own cost, afford any facilities and assistance and make available any information which may reasonably be required by the Executive.
4
In this regulation a “surveillance inspection” means an inspection of such premises, equipment and documents and the making of such enquiries as the Executive considers appropriate for the purpose of verifying compliance by an approved person with any conditions specified in the certificate of approval by the Executive.
5
Schedule 4 shall have effect with respect to fees for approvals under paragraph (1)(a) and surveillance inspections under paragraph (3) but no approved person shall be charged for more than one such inspection in any 12 month period.
6
Every person approved under paragraph (1)(a), in carrying out any functions under these Regulations, shall carry out such functions properly, with due regard to any criteria specified in the Approved Requirements and shall not carry out any function of an approved person other than the functions for which that person is approved.
7
No person other than a competent authority, an approved person or a person authorised by such authority or person shall affix to a transportable pressure receptacle the mark referred to in regulation 14 and no person shall affix to such a receptacle a mark liable to be confused with the said mark.
Filling of transportable pressure receptacles
16
The employer of a person who fills a transportable pressure receptacle with dangerous goods shall ensure —
a
that, before it is filled —
i
it is marked in accordance with the appropriate marking requirements of the Approved Requirements,
ii
the marks on the receptacle are checked to verify that it is suitable for that gas, and
iii
all other appropriate safety checks are made;
b
that it is filled in accordance with the appropriate filling requirements of the Approved Requirements; and
c
that, after it is filled —
i
the receptacle is checked to verify that it is within its safe operating limits and is not overfilled, and
ii
in the event of overfilling, any excess gas is removed safely.
Records
17
The manufacturer or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if he has no such agent, the importer, of a transportable pressure receptacle and the owner of a hired out transportable pressure receptacle —
a
made in accordance with any Approved Requirements for transportable pressure receptacles, shall keep a copy of the design standard or design specification to which the said receptacle was manufactured together with any certificate of conformity issued under regulation 13(a);
b
which is an EEC-type cylinder, shall keep the EEC Verification Certificate referred to in regulation 13(b)(i) where one has been issued.
PART IV
MISCELLANEOUS
Exemption certificates
18
1
Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the transport of dangerous goods by road, the Health and Safety Executive may, by a certificate in writing, exempt —
a
any person or class of person;
b
any dangerous goods or class of dangerous goods; or
c
any type or class of package or transportable pressure receptacle,
from all or any of the requirements or prohibitions imposed by or under these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Executive by a further certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced by it.
3
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any person from any the requirements or prohibitions imposed by these Regulations insofar as they relate to the carriage of any dangerous goods in or on —
a
any vehicle owned by the armed forces; or
b
any vehicle under the control of the armed forces,
and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the said Secretary of State by a further certificate in writing.
Defences and enforcement
19
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations and, subject to paragraphs (2) and (3), it shall be a defence for the person charged to prove —
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days —
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales; or
b
before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
4
The enforcing authority for these Regulations, other than the provisions specified in paragraph (5), shall —
a
notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 ; and
b
without prejudice to the operation of those Regulations with regard to the provisions specified in paragraph (5),
be the Executive.
5
For the purposes of paragraph (4) the specified provisions are as follows —
a
regulations 14 and 16;
b
paragraphs 3(b), 4(a) and (d), 5(a) and (c) and 10(b) of Schedule 8; and
c
regulations 12(3) 13 and 17, insofar as they relate to owners of transportable pressure receptacles.
Transitional defences
20
1
In any proceedings for an offence consisting of a contravention of these Regulations prior to 1st January 1999, it shall be a defence for the accused to prove that the goods were classified, packaged and labelled for carriage prior to 1st July 1995 in accordance with the 1993 Regulations, and that —
a
the goods have not been removed from their package or receptacle since they were packaged;
b
the label has not been altered or removed since the goods were packaged; and
c
it was not reasonably practicable either —
i
to repackage and re-label the goods before they were consigned for carriage, or
ii
to consign the goods for carriage on a date earlier than they were in fact consigned.
2
In any proceedings for an offence consisting of a contravention of these Regulations on or after 1st January 1997 and before 1st January 1999, it shall be a defence for the accused to prove that the goods were classified, packaged and labelled for carriage prior to 1st January 1997 in accordance with the 1994 Regulations as in force immediately before these Regulations came into force, and that the requirements specified in sub-paragraphs (a) to (c) of paragraph (1) are satisfied, in relation to those goods.
3
In any proceedings for an offence consisting of a contravention of these Regulations prior to 1st January 1997 it shall be a defence for the accused to prove that the goods were classified, packaged and labelled in accordance with the 1994 Regulations as in force immediately before these Regulations came into force.
4
In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) in relation to the consignment of goods for carriage in metallic intermediate bulk containers or stainless steel or aluminium drums it shall be a defence for the accused to prove that the containers, or drums, whichever is the case, were manufactured less than 15 years prior to the date of consignment of the goods and prior to 1st July 1995.
5
In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) prior to 1st January 1999, in relation to the consignment of goods for carriage in plastic packagings or metal packagings other than those specified in paragraph (6), it shall be a defence for the accused to prove that the packagings were manufactured less than 5 years prior to the date of consignment of the goods and before 1st July 1995.
6
In any proceedings for an offence consisting of a contravention of regulation 8(1) in relation to the consignment of goods for carriage in transportable pressure receptacles, it shall be a defence for the accused to prove that the packages were labelled for carriage prior to 1st July 1995 in accordance with the 1993 Regulations and that the label has not been altered since then.
7
In any proceedings for an offence consisting of a contravention of regulation 8(1) on or after 1st January 1997 in relation to the consignment of goods for carriage in transportable pressure receptacles, it shall be a defence for the accused to prove that the packages were labelled for carriage prior to 1st January 1997 in accordance with the 1994 Regulations as in force immediately before these Regulations came into force and that the label has not been altered since then.
Amendments and revocations
21
1
The Dangerous Substances in Harbour Areas Regulations 1987 shall be amended in accordance with Schedule 5.
2
In the Control of Asbestos at Work Regulations 1987 —
a
in regulation 18(3) for sub-paragraph (a) substitute the following sub-paragraph —
a
where the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 apply, in accordance with those Regulations;
; and
b
in paragraph 1(1)(a) of Schedule 2, for the words “Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” there shall be substituted the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996,”.
3
The Dangerous Substances (Notification and Marking of Sites) Regulations 1990 shall be amended as follows —
a
In regulation 2(1) —
i
for the definition of “the 1994 Regulations” substitute the following definition —
“the 1996 Regulations ” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996
,
ii
in the definition of “classification” for the words “the 1994 Regulations” substitute the words “the 1996 Regulations”, and
iii
in the definition of “dangerous substance” for the words “the 1994 Regulations” substitute the words “the 1996 Regulations”; and
b
in sub-paragraph (d) of paragraph 1 of Schedule 1 for the words “the 1994 Regulations” substitute the words “the 1996 Regulations”.
4
For sub-paragraph (b) of the definition of “explosives” in regulation 2(1) of the Packaging of Explosives for Carriage Regulations 1991 substitute the following sub-paragraph —
b
have not been classified under the 1983 Regulations or under regulation 5 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996;
.
5
In regulation 9(1) of the supply Regulations for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”.
6
The Pressure Systems and Transportable Gas Containers Regulations 1989 shall be amended in accordance with Schedule 6.
7
Part I of Schedule 2 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 shall be amended as follows —
a
in each of paragraphs 16 and 17 —
i
in sub-paragraph (1) delete the second occurrence of the word “a”, and for the words “dangerous substance”, wherever they occur, substitute the words “dangerous goods”, and
ii
delete sub-paragraph (2); and
b
after paragraph 17 insert the following paragraph —
17A
In paragraphs 16 and 17 above —
a
“road tanker” and “tank container” have the same meanings as in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (“the 1996 Regulations”);
b
“carriage” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996; and
c
“dangerous goods” means any goods which fall within the definition of “dangerous goods” in regulation 2(1) of the 1996 Regulations, other than —
i
explosives, or
ii
radioactive material (other than that which is being carried in accordance with the conditions specified in Schedules 1 to 4 of marginal 2704 to ADR),
and in this sub-paragraph “ADR” has the meaning assigned to it by regulation 2(1) of the 1996 Regulations.
.
8
In the definition of “dangerous goods” in regulation 2(1) of the Health and Safety (Safety Signs and Signals) Regulations 1996 , for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”.
9
In regulation 7 of the Highly Flammable Liquids etc. Regulations 1972 substitute the following for paragraph (7) —
7
In this regulation “cylinder” means a transportable pressure receptacle —
a
in the case of a cylinder manufactured before 1st January 1999, a cylinder which complies with the conditions specified in paragraph 3(3)(a) or (b) of Schedule 8 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996; and
b
in the case of a cylinder manufactured after that date, a cylinder in relation to which the evidence specified in regulation 13(a) of those Regulations exists or the conditions specified in paragraph (b) of that regulation are satisfied.
.
10
The instruments specified in Schedule 7 shall be revoked on 1st January 1999.
11
The 1994 Regulations are revoked.
Requirements of other Acts etc.
22
Where a package is required to show particulars in accordance with these Regulations and shows such particulars, those particulars shall be deemed to satisfy the requirements of —
a
section 5 of the Petroleum (Consolidation) Act 1928 including that section as applied to any dangerous goods by an Order in Council made under section 19 of that Act; and
b
regulations 6 and 7 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 ,
insofar as those requirements require the package to be marked or labelled.
Signed by the Authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
8th August 1996


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation, commencement and effect
1
These Regulations may be cited as the Insurance Companies (Reserves) (Tax) Regulations 1996, shall come into force on 23rd December 1996, and shall have effect for accounting periods of insurance companies ending on or after that day.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ the Board ” means the Commissioners of Inland Revenue;
“branch” includes agency;
“credit insurance business” has the meaning given by subsection (7) of section 444BD;
“credit insurance equalisation reserve” means a reserve which is an equivalent reserve for the purposes of section 444BD by virtue of subsection (3) of that section;
“double taxation relief” has the meaning given by subsection (6) of section 444BB;
“ EC company” has the same meaning as in the 1982 Act ;
“equivalent reserve” shall be construed in accordance with section 444BD;
“the Management Act ” means the Taxes Management Act 1970 ;
“paragraph 52 method of accounting on a non-annual basis” means the method of accounting on a non-annual basis described in paragraph 52 of Schedule 9A to the Companies Act 1985 ;
“return period” means the period covered in a document prepared by an insurance company for the purposes of section 17 of the 1982 Act;
“section 34A regulations” means regulations made under section 34A of the 1982 Act ;
“section 444BA”, “section 444BB”, “section 444BC” and “section 444BD” mean sections 444BA, 444BB, 444BC and 444BD respectively of the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“the 1982 Act” means the Insurance Companies Act 1982 .
2
In these Regulations “statutory accounts”, in relation to a company, means —
a
the annual accounts of the company prepared in accordance with Part VII of the Companies Act 1985, or
b
if the company is not required to prepare such accounts, the accounts which it is required to keep under the law of its home state or, if it is not so required to keep accounts, such of its accounts as most closely correspond to accounts which it would have been required to prepare if the provisions of that Part applied to the company.
3
For the purposes of these Regulations a return period and an accounting period are related if any day falls within both the return period and the accounting period.
Differing treatments of reserves
3
1
This regulation applies in any case where for any accounting period —
a
an insurance company maintains any reserve to which these Regulations apply, and
b
the amount of that reserve for the purposes of the Tax Acts is different from the amount of that reserve as maintained for regulatory purposes.
2
A separate computation of the amount of the reserve for the purposes of the Tax Acts and of the amount of the reserve as maintained for regulatory purposes shall be made for each accounting period until, in any later accounting period, the two computations produce the same opening balance for the reserve.
3
For the purposes of this regulation a reserve is maintained by a company for regulatory purposes if it is maintained —
a
by virtue of section 34A regulations, or
b
for the purposes of the company’s statutory accounts, or
c
for the purposes of any credit insurance business in accordance with requirements specified in subsection (3) of section 444BD.
PART II
EQUALISATION RESERVES, ETC.
Overall Scope
Scope of this Part
4
1
Subject to paragraph (2), this Part of these Regulations applies to —
a
any equalisation reserve which an insurance company is required to maintain by virtue of section 34A regulations, and
b
any reserve which is an equivalent reserve by virtue of subsection (2) of section 444BD.
2
This part of these Regulations does not apply to any credit insurance equalisation reserve.
Accounting on a non-annual basis
Non-annual accounts: tax returns prepared on an annual basis
5
1
This regulation applies in any case where an insurance company —
a
for the purpose of preparing the documents it is required to prepare for the purposes of section 17 of the 1982 Act, has applied a paragraph 52 method of accounting on a non-annual basis for any return period in respect of the whole or any part of its business, and
b
for a related accounting period has submitted to an officer of the Board a return under section 11 of the Management Act which is based on accounts prepared on an annual basis in respect of the whole of its business for that accounting period.
2
The operation of paragraphs (a) and (b) of subsection (2) of section 444BA shall be modified so as to provide that, for the purposes of the Tax Acts, the amounts which, in accordance with section 34A regulations, are transferred into or out of the equalisation reserve in respect of the company’s business for the accounting period in question shall be the amounts which would have been transferred into or out of the equalisation reserve if the company had been required, by virtue of section 34A regulations, to maintain an equalisation reserve by reference to accounts prepared on an accident year basis.
3
For the purposes of paragraph (1) (b) accounts are prepared on an annual basis where they are prepared otherwise than in accordance with a paragraph 52 method of accounting on a non-annual basis.
4
For the purposes of paragraph (2) accounts are prepared on an accident year basis where the accounts and statements required to be deposited with the Secretary of State pursuant to section 22 of the 1982 Act are prepared using Forms 21, 22 and 23 prescribed by the Insurance Companies (Accounts and Statements) Regulations 1996 .
General provisions
Companies carrying on mutual business and business other than mutual business
6
1
This regulation applies in any case where an insurance company which, in accordance with section 34A regulations, is required to make transfers into or out of an equalisation reserve in respect of any business carried on by that company for any accounting period, is carrying on both mutual business and business other than mutual business for the whole or any part of that period.
2
Paragraphs (a) and (b) of subsection (2) of section 444BA shall be modified so as to provide that, for the purposes of corporation tax, the amounts of the net premiums earned, the net premiums written and the net claims incurred which, in accordance with section 34A regulations, are used for the purpose of computing the amounts transferred into or out of the equalisation reserve or the amount of the maximum reserve in relation to the equalisation reserve for the accounting period in question, shall be restricted to the amounts attributed to business other than mutual business.
3
For the purposes of corporation tax, the modification specified in paragraph (2) shall be made before subsections (4) to (6) of section 444BA are applied.
4
In paragraph (2) “net premiums earned”, “net premiums written”, “net claims incurred” and “maximum reserve” have the meanings given by section 34A regulations.
EC companies
7
1
This regulation applies in any case where for any accounting period —
a
an equivalent reserve is maintained, otherwise than by virtue of section 34A regulations, by an EC company carrying on business in the United Kingdom through a branch, and
b
the three conditions specified in paragraphs (2) to (4) are satisfied.
2
The first condition is that the branch in the United Kingdom has submitted, together with its return under section 11 of the Management Act, a balance sheet (“the branch balance sheet”) in respect of the trade of the branch.
3
The second condition is that the branch balance sheet includes as a liability an amount in respect of an equalisation reserve which is equal to the amount which it would have been required to include as a liability in respect of an equalisation reserve maintained by virtue of section 34A regulations if the branch had been subject to such regulations.
4
The third condition is that a balance sheet drawn up on the same day as the branch balance sheet for the purposes of the company’s statutory accounts (“the company balance sheet”), either —
a
includes as a liability an amount in respect of an equalisation reserve equal to or greater than the amount in respect of the equalisation reserve included in the branch balance sheet, or
b
in a case where the amount in respect of the equalisation reserve included in the branch balance sheet exceeds the amount in respect of the equalisation reserve included in the company balance sheet, shows the amount of the excess in the company balance sheet otherwise than as funds belonging to, or available for distribution either immediately or prospectively to, the proprietors of the company.
5
For the purpose of calculating the amount of the excess referred to in paragraph (4), any amount in the company balance sheet denominated in a currency other than sterling is to be translated into sterling at the London closing exchange rate on the last day of the accounting period in question.
6
Section 444BA shall have effect, subject to the modification specified in paragraph (7), in relation to the equalisation reserve included in the branch balance sheet as it has effect in relation to equalisation reserves maintained by virtue of section 34A regulations.
7
Section 444BA shall be modified so as to provide in addition that in any case where, after the conditions specified in paragraphs (2) to (4) have been satisfied in an earlier accounting period, any of those conditions ceases to be satisfied in a later accounting period, then, for the purposes of the Tax Acts —
a
any balance which exists in the reserve at the end of the later accounting period shall be deemed to have been transferred out of the reserve immediately before the end of that accounting period;
b
that transfer shall be deemed to be a transfer in respect of that company’s business for that accounting period; and
c
the amount of the reserve shall thereupon be deemed to be nil.
Certain insurance business carried on outside the United Kingdom
8
1
This regulation applies in any case where for any accounting period —
a
an equivalent reserve is maintained, otherwise than by virtue of section 34A regulations, in respect of any insurance business (within the meaning of the 1982 Act) which is carried on outside the United Kingdom by a company resident in the United Kingdom, and
b
the condition specified in paragraph (2) is satisfied.
2
The condition is that the company prepares statutory accounts in which the balance sheet includes as a liability an amount in respect of an equalisation reserve which is equal to the amount which it would have been required to include as a liability in respect of an equalisation reserve maintained by virtue of section 34A regulations if the company had been subject to such regulations.
3
For the purpose of calculating the amount of the liability referred to in paragraph (2), any amount in the company balance sheet denominated in a currency other than sterling is to be translated into sterling at the London closing exchange rate on the last day of the accounting period in question.
4
Section 444BA shall have effect, subject to the modification specified in paragraph (5), in relation to the equalisation reserve included in the statutory accounts as it has effect in relation to equalisation reserves maintained by virtue of section 34A regulations.
5
Section 444BA shall be modified so as to provide in addition that in any case where, after the condition specified in paragraph (2) has been satisfied in an earlier accounting period, that condition ceases to be satisfied in a later accounting period, then, for the purposes of the Tax Acts —
a
any balance which exists in the reserve at the end of the later accounting period shall be deemed to have been transferred out of the reserve immediately before the end of that accounting period;
b
that transfer shall be deemed to be a transfer in respect of that company’s business for that accounting period; and
c
the amount of the reserve shall thereupon be deemed to be nil.
United Kingdom branches of companies not resident in the United Kingdom which maintain equalisation reserves by virtue of section 34A regulations
9
1
If the three conditions prescribed in paragraphs (2) to (4) below are satisfied, section 444BA shall have effect in the case of an equalisation reserve maintained by an insurance company which —
a
is not resident in the United Kingdom, and
b
carries on business in the United Kingdom through a branch.
2
The first condition is that the branch in the United Kingdom has submitted, together with its return under section 11 of the Management Act, a balance sheet (“the branch balance sheet”) in respect of the trade of the branch.
3
The second condition is that the branch balance sheet includes as a liability an amount in respect of an equalisation reserve maintained by virtue of section 34A regulations.
4
The third condition is that a balance sheet drawn up on the same day as the branch balance sheet for the purposes of the company’s statutory accounts (“the company balance sheet”, either —
a
includes as a liability an amount in respect of an equalisation reserve equal to or greater than the amount in respect of the equalisation reserve included in the branch balance sheet, or
b
in a case where the amount in respect of the equalisation reserve included in the branch balance sheet exceeds the amount in respect of the equalisation reserve included in the company balance sheet, shows the amount of the excess in the company balance sheet otherwise than as funds belonging to, or available for distribution either immediately or prospectively to, the proprietors of the company.
5
For the purpose of calculating the amount of the excess referred to in paragraph (4), any amount in the company balance sheet denominated in a currency other than sterling is to be translated into sterling at the London closing exchange rate on the last day of the accounting period in question.
6
Where, after the conditions prescribed in paragraphs (2) to (4) have been satisfied in an earlier accounting period, any of those conditions ceases to be satisfied in a later accounting period, then, for the purposes of the Tax Acts —
a
any balance which exists in the reserve at the end of the later accounting period shall be deemed to have been transferred out of the reserve immediately before the end of that accounting period;
b
that transfer shall be deemed to be a transfer in respect of that company’s business for that accounting period; and
c
the amount of the reserve shall thereupon be deemed to be nil.
Double taxation relief
10
1
This regulation applies in any case where an insurance company which, in accordance with section 34A regulations, is required to make transfers into or out of an equalisation reserve in respect of any business carried on by that company for any accounting period, is carrying on any business by reference to which double taxation relief is afforded in respect of any income or gains.
2
Paragraphs (a) and (b) of subsection (2) of section 444BA shall be modified so as —
a
to require that the amounts which, in accordance with section 34A regulations, are transferred into or out of the equalisation reserve in respect of the company’s business for the accounting period in question shall be apportioned amongst each branch outside the United Kingdom through which the company carries on business and business which is not carried on through branches outside the United Kingdom; and
b
to provide that only those amounts which, pursuant to sub-paragraph (a), are apportioned to each branch outside the United Kingdom through which the company carries on business shall be brought into account for the purposes of computing the profits or losses by reference to which double taxation relief is afforded.
3
The apportionment of each transfer into the equalisation reserve which is required by this regulation shall be made in accordance with the formula —
A × B C
A is the amount which, in accordance with section 34A regulations, is transferred into the equalisation reserve in respect of the company’s business for the accounting period in question;
B is the amount of net premiums written by reference to which A is calculated that is attributable to business carried on through the branch outside the United Kingdom for the accounting period in question; and
C is the amount of net premiums written by reference to which A is calculated for the accounting period in question.
4
In paragraph (3) “net premiums written” means gross premiums written net of reinsurance premiums payable under reinsurance ceded.
5
The apportionment of each transfer out of the equalisation reserve which is required by this regulation shall be made in accordance with the formula —
D × E F
D is the amount which, in accordance with section 34A regulations, is transferred out of the equalisation reserve in respect of the company’s business for the accounting period in question;
E is the amount of claims attributable to business carried on through the branch outside the United Kingdom that is to be taken into account in determining whether, by comparison with premiums, any transfer out of the equalisation reserve needs to be made for the period in question; and
F is the amount of claims to be taken into account in determining whether, by comparison with premiums, any transfer out of the equalisation reserve needs to be made for the period in question.
6
Paragraph (7) applies where —
a
an insurance company carries on business through one or more branches outside the United Kingdom,
b
an amount is transferred into an equalisation reserve in respect of the business of that company for any accounting period, and
c
the company has made an election for the purposes of subsection (4) of section 444BA so that there is an unrelieved transfer in relation to that accounting period.
7
The company —
a
shall apportion the amount transferred into the equalisation reserve in accordance with paragraph (3) without having regard to the existence of the unrelieved transfer, and
b
may then set the amount of the unrelieved transfer, or any part of that amount, against the amount transferred into the equalisation reserve for that accounting period (and the action of the company under this sub-paragraph is called “the allocation” in paragraph (8)).
8
The allocation may be made —
a
in such amounts, and
b
in relation to such of the apportioned amounts transferred into the equalisation reserve pursuant to paragraph (7) (a) (and whether in relation to business carried on in the United Kingdom or in relation to business which the company carries on through a branch outside the United Kingdom),
as the company thinks fit.
9
Paragraph (10) applies where —
a
an insurance company carries on business through one or more branches outside the United Kingdom,
b
an amount is transferred out of an equalisation reserve in respect of the business of that company for any accounting period, and
c
the accounting period is one to which any amount representing one or more unrelieved transfers has been carried forward under subsection (4) of section 444BA.
10
The company —
a
shall ascertain the amount to which the rule mentioned in subsection (2) (b) of section 444BA applies by virtue of the operation of subsection (5) of that section (in this paragraph and in paragraph (11) referred to as “the ascertained amount”), and
b
shall then apportion the ascertained amount.
11
Paragraph (5) shall apply for the purposes of the apportionment of the ascertained amount as it applies for the purposes of the apportionment of each transfer out of the equalisation reserve which is required by this regulation, with the modification that in the formula set out in that paragraph D shall be the ascertained amount.
12
In paragraphs (6), (7) and (9) “unrelieved transfer” shall be construed in accordance with subsection (4) of section 444BA.
PART III
RESERVES MAINTAINED FOR THE PURPOSES OF CREDIT INSURANCE BUSINESS
Scope of this Part
11
This Part of these Regulations applies to any credit insurance equalisation reserve.
Application of section 444BA
12
Where for any accounting period an insurance company maintains a credit insurance equalisation reserve, section 444BA shall have effect in relation to that reserve as it has effect in relation to equalisation reserves maintained by virtue of section 34A regulations.
Transitional provision
13
1
This regulation applies in any case where an insurance company was required, pursuant to regulations 76 to 78 of, and Schedule 14 to, the Insurance Companies Regulations 1994 , to maintain a credit insurance equalisation reserve.
2
Paragraph 2(2) of Schedule 2 to the Insurance Companies (Reserves) Regulations 1996 shall be disregarded for the purposes of the Tax Acts in determining how much is required, on any occasion, to be transferred into the credit insurance equalisation reserve.
Application of provisions contained in Part II of these Regulations
14
Subject to regulation 13, regulations 5, 6, 9 and 10 shall have effect in relation to any credit insurance equalisation reserve as they have effect in relation to any reserve to which Part II of these Regulations applies.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 1996


text:
Commencement and citation
1
This Order may be cited as the A501 Trunk Road (Camden) Red Route (Bus Lane) (No.1) Experimental Traffic Order 1996, and shall come into force on 31st May 1996.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this Order so numbered;
b
cause includes permit;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 .
Bus lane controls
3
1
Except as provided in paragraph (2) of this article, and subject to the provisions of article 4, between the hours of 7 am and 10 am and 4 pm and 7 pm on Mondays to Fridays (inclusive) no person shall cause any vehicle to enter or proceed in any bus lane specified in the schedule to this Order.
2
The controls specified in paragraph (1) of this article do not apply in respect of: —
a
a bus;
b
a taxi; or
c
a pedal cycle.
3
In this article
a
“bus” means: —
before 1 January 1997
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus;
after 31 December 1996
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted; and
at any time a vehicle which
i
is constructed or adapted for the carriage of disabled persons and their companions, and which is being used to provide a service for the carriage of such persons, and
ii
displays so as to be conspicuous from outside the vehicle a disc in a form approved by or with the authority of the Traffic Director for London and containing the words DIAL-A-RIDE.
b
“bus lane” means an area of the carriageway of a road marked with the traffic signs shown in diagrams 1048 and 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994 ;
c
“local bus”, “local service”, “pedal cycle”, “scheduled express service”, “school bus”, and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994; and
d
“taxi” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
Exemptions
4
The controls specified in article 3(1) do not apply to: —
a
a vehicle being used for ambulance, fire brigade or police purposes;
b
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane;
c
a vehicle being used in connection with the removal of any obstructions to traffic;
d
a vehicle being used in connection with the maintenance, improvement or reconstruction of a bus lane;
e
a vehicle entering a bus lane so as to avoid an accident;
f
a vehicle entering a bus lane so as to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
g
a vehicle which bears the Royal Mail livery for so long as may be required for the purpose of collection or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
h
a vehicle entering and forthwith leaving a bus lane in order to gain access to or egress from any road adjacent to that bus lane or any vehicular accessway to premises adjacent to the bus lane or crossing over the footway adjacent to the bus lane; or
i
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interest of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspension of existing Orders
6
1
Subject to paragraph (2) of this article the Camden (Bus Lane) (No. 1) Traffic Order 1985 (a) is hereby suspended, in so far as its provisions relate to that part of Grays Inn Road described in the Schedule to this Order.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Camden (Bus Lane) (No. 1) Traffic Order 1985 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
20 May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham Community Health National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 31st July 1996.
2
In this Order —
“the special trustees” means the special trustees for Nottingham University Hospitals;
“the Trust” means the Nottingham Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the special trustees and the Trust on 26th July 1995, which schedule has been signed on behalf of both the special trustees and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the special trustees to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
2nd July 1996


text:
1
This Order may be cited as the A556 Trunk Road (Turnpike Wood, Over Tabley — A56 Bowdon Roundabout) (Detrunking) Order 1996 and shall come into force on 28th June 1996.
2
In this Order —
i
“the new trunk roads” means the new highways which the Secretary of State proposes to construct pursuant to the A556(M) Motorway (M6-M56 Link) and Connecting Roads Scheme 1996;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the trunk road” means the Turnpike Wood, Over Tabley — A56 Bowdon Roundabout Trunk Road (A556).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies the Cheshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Director, Highways Agency Northern Operations Division
4th June 1996