text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 and shall come into force on 2nd September 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“A 1 ” means the activity value of special form radioactive material which is listed in Table 2.2.7.7.2.1 in RID sub-paragraph 2.2.7.7.2 or derived in accordance with that sub-paragraph;
“A 2 ” means the activity value of radioactive material, other than special form radioactive material, which is listed in Table 2.2.7.7.2.1 in RID sub-paragraph 2.2.7.7.2 or derived in accordance with that sub-paragraph;
“authorised person” means the Secretary of State or an inspector appointed under section 19 of the 1974 Act;
“body”, in relation to an intermediate bulk container, means the receptacle, including the openings and their closures, but does not include any service equipment;
“box” means a packaging with complete rectangular or polygonal faces —
which is made of metal, wood, plywood, reconstituted wood, fibreboard, plastics or other suitable material; and
whose integrity during carriage will not be compromised by any holes inserted for the purpose of —
making handling or opening easier, or
meeting classification requirements;
“carriage” means the change of place of radioactive material, and includes —
stops made necessary by transport conditions;
any period spent by the radioactive material in wagons, tanks and containers made necessary by traffic conditions before, during and after the change of place; and
the intermediate temporary storage of radioactive material in order to change the mode of transport provided that —
transport documents showing the place of dispatch and the place of reception are presented on request by an authorised person, and
packages and tanks are not opened during the intermediate temporary storage, except to be checked by the Secretary of State,
and cognate terms shall be construed accordingly;
“closure” means a device which closes an opening;
“competent authority” means —
the Secretary of State;
as regards a State other than the United Kingdom, the authority designated as the competent authority in that State for any purpose in connection with RID;
“consignee” means —
the person who is the consignee under the terms of the contract for the carriage in question; or
the person who, in accordance with the contract for the carriage in question, is designated by the person referred to in (a) above to act on his behalf; or
if there is no contract for carriage, the person who takes charge of the consignment in question when that consignment has arrived at its final destination;
“consignment” means a package or load of radioactive material, presented by a consignor of radioactive material for carriage;
“consignor of radioactive material” means —
a person who —
has a place of business in Great Britain, and
consigns radioactive material for carriage, whether as principal or as an agent for another; or
as regards the radioactive material in question, if there is no such person as described in sub-paragraph (a), a person who has control over the carriage of that radioactive material in Great Britain;
“container” means an article of transport equipment which is —
of a permanent character and strong enough to be suitable for repeated use;
specially designed to facilitate the carriage of goods by one or more means of transport without breakage of load;
fitted with devices permitting its ready stowage and handling, particularly when being transferred from one means of transport to another; and
designed so as to be easy to fill and empty;
“contamination” means the presence of a radioactive material on a surface in quantities in excess of 0.4 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 0.04 Bq/cm 2 for all other alpha emitters;
“ COTIF ” means the Convention concerning International Carriage by Rail, as revised or re-issued from time to time ;
“COTIF Member State” means a country which is a party to COTIF;
“criticality safety index” means a number which is used to provide control over the accumulation of packages, overpacks or containers which contain fissile material;
“dangerous goods” means substances and articles the carriage of which is prohibited by RID, or authorised only in accordance with the conditions prescribed in RID;
“demountable tank” means a tank designed to fit the special apparatus of a wagon but which can only be removed from the wagon after dismantling the means of attachment;
“depleted uranium” means uranium which contains a lesser mass percentage of uranium-235 than in natural uranium, and which also contains a very small mass percentage of uranium-234;
“design”, in relation to special form radioactive material, low dispersible radioactive material, a package or packaging, means a description which —
enables the material, package or packaging in question to be fully identified; and
may include specifications, engineering drawings, reports demonstrating compliance with regulatory requirements and other relevant documentation;
“drum” means a flat-ended or convex-ended cylindrical packaging made out of metal, fibreboard, plastic, plywood or other suitable material and includes packaging of other shapes such as round taper-necked packaging or pail-shaped packaging, but does not include a wooden barrel or a jerrican;
“emergency services” means the police, fire and ambulance services;
“facility owner” has the meaning assigned to it by section 17(6) of the Railways Act 1993 ;
“factory” has the meaning assigned to it by section 175 of the Factories Act 1961 ;
“fissile material” means uranium-233, uranium-235, plutonium-239, plutonium-241 or any combination of these radionuclides, but does not include natural uranium or depleted uranium which —
is unirradiated; or
has been irradiated only in thermal reactors;
“fixed contamination” means contamination other than non-fixed contamination;
“flexible intermediate bulk container” means a body made up of film, woven fabric or any other flexible material and, where necessary, an inner coating or liner together with any service equipment and handling devices;
“harbour area” has the meaning assigned to it by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
“infrastructure controller” means a person who controls railway infrastructure;
“intermediate bulk container” means a rigid or flexible portable packaging which —
has a capacity of not more than 3m 3 for radioactive material;
is designed for mechanical handling; and
is resistant to the stresses produced in handling and transport as determined by the tests specified in RID Chapter 6.5;
“jerrican” means a metal or plastic packaging of rectangular or polygonal cross-section with one or more orifices;
“large container” means a container which is not a small container;
“low dispersible radioactive material” means —
a solid radioactive material; or
a solid radioactive material in a sealed capsule,
which has limited dispersibility and is not in powder form;
“low specific activity material” means —
radioactive material which by its nature has a limited specific activity; or
radioactive material for which limits of estimated average specific activity, disregarding external shielding surrounding the radioactive material, apply;
“ LSA -I” means low specific activity material comprising —
uranium and thorium ores and the concentrates of such ores, and other ores containing naturally occurring radionuclides which are intended to be processed for the use of those radionuclides;
solid unirradiated natural uranium or depleted uranium or natural thorium or their solid or liquid compounds or mixtures;
radioactive material for which the A 2 value is unlimited, excluding fissile material in quantities not excepted under RID paragraph 6.4.11.2; or
other radioactive material in which the activity is distributed throughout that radioactive material and the estimated average specific activity does not exceed 30 times the values for activity concentration specified in RID sub-paragraphs 2.2.7.7.2.1 to 2.2.7.7.2.6, excluding fissile material in quantities not excepted under RID paragraph 6.4.11.2;
“LSA-II” means low specific activity material comprising —
water with tritium concentration up to 0.8 TBq/l; or
other material in which the activity is distributed throughout and the estimated average specific activity does not exceed 10 −4 A 2 /g for solids and gases, and 10 −5 A 2 /g for liquids;
“LSA-III” means low specific activity material comprising solids, such as consolidated wastes and activated materials but excluding powders, in which —
the radioactive material is distributed throughout a solid or a collection of solid objects, or is essentially uniformly distributed in a solid compact binding agent such as concrete, bitumen or ceramic;
the radioactive material is relatively insoluble, or it is intrinsically contained in a relatively insoluble matrix, so that even under loss of packaging, the loss of radioactive material per package by leaching when placed in water for seven days would not exceed 0.1 A 2 ; and
the estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 × 10 − 3 A 2 /g;
“low toxicity alpha emitters” means thorium-228 and thorium-230 when contained in ores or physical or chemical concentrates, natural uranium, depleted uranium, natural thorium, uranium-235, uranium-238, thorium-232 or alpha emitters with a half life of less than 10 days;
“military establishment” means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State having responsibility for defence;
“mine” has the meaning given in Part 1 of Schedule 1;
“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;
“multilateral approval” means approval by the competent authority both of the State of origin and the design or shipment in question and of each State through or into which the consignment in question is to be carried;
“natural uranium” means chemically separated uranium containing the naturally occurring distribution of uranium isotopes;
“naturally occurring distribution of uranium isotopes” means approximately 99.28% uranium-238 and 0.72% uranium-235 by mass, but including a very small mass percentage of uranium-234;
“non-fixed contamination” means contamination which can be removed from a surface during routine conditions of carriage;
“overpack” means an enclosure used by a single consignor of radioactive material to contain one or more packages consolidated into a single unit in order to facilitate handling and stowing during carriage;
“owner”, in relation to a mine, has the meaning given in Part 2 of Schedule 1;
“package” means packaging with its radioactive contents as presented for carriage;
“packaging” means the assembly of components necessary to enclose radioactive contents completely which —
may be a box, drum or similar receptacle or a container, tank or intermediate bulk container; and
may, in particular, consist of —
one or more receptacles,
absorbent materials,
spacing structures,
radiation shielding,
service equipment for filling, emptying, venting and pressure relief,
devices for cooling, for absorbing mechanical shocks, for handling and tie-down and for thermal insulation,
service devices integral to the package;
“portable tank” means a multimodal tank having a capacity of more than 450 litres used for the carriage of radioactive material, together with a shell fitted with service equipment and structural equipment, which —
is capable of being filled and discharged without the removal of the structural equipment;
has stabilising members external to the shell;
is capable of being lifted when full;
is designed primarily to be lifted onto a transport vehicle or ship; and
is equipped with skids, mountings or accessories to facilitate mechanical handling,
but does not include an intermediate bulk container;
“quality assurance programme” means a systematic programme of controls and inspections applied by any person which is aimed at providing confidence that the safety requirements of these Regulations and RID are complied with;
“quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999 ;
“radioactive contents” means radioactive material together with any contaminated or activated solids, liquids and gases within the packaging;
“radioactive material” means any material containing radionuclides where both the activity concentration and the total activity in the consignment in question exceed the values specified in RID sub-paragraphs 2.2.7.7.2.1 to 2.2.7.7.2.6;
“railway” means a system of transport 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 factory, harbour area, military establishment, mine or quarry;
“railway company” means any persons authorised by an enactment to construct, work or carry on a railway, and for the purposes of this definition, the expression “enactment” includes a provision of an order or scheme made under, or confirmed by, an Act;
“railway facility” has the same meaning as it has in section 83(1) of the Railways Act 1993;
“railway infrastructure” means the track and the fixed equipment necessary for the movement of rail traffic and transport safety;
“receptacle” means a containment vessel for receiving and holding substances or articles and includes any closure, but does not include a shell;
“RID” means the Regulations, which came into effect on 1st July 2001, concerning the international carriage of dangerous goods by rail which —
form Annex I to Appendix B to COTIF; and
are contained in the Annex to Council Directive 96/49/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ;
“road” —
in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes; and
in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes;
“ SCO -I” means a surface contaminated object on which —
the non-fixed contamination on the accessible surface averaged over 300cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 4 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 0.4 Bq/cm 2 for all other alpha emitters;
the fixed contamination on the accessible surface averaged over 300cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 4 × 10 4 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 4 × 10 3 Bq/cm 2 for all other alpha emitters; and
the non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 4 x10 4 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 4 ×10 3 Bq/cm 2 for all other alpha emitters;
“SCO-II” means a surface contaminated object on which either the fixed or non-fixed contamination on the surface exceeds the applicable limits for SCO-I and on which —
the non-fixed contamination on the accessible surface averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 400 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 40 Bq/cm 2 for all other alpha emitters; and
the fixed contamination on the accessible surface, averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 8 × 10 5 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 8 × 10 4 Bq/cm 2 for all other alpha emitters; and
the non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm 2 (or the area of the surface if less than 300 cm 2 ) does not exceed 8 × 10 5 Bq/cm 2 for beta and gamma emitters and low toxicity alpha emitters, or 8 × 10 4 Bq/cm 2 for all other alpha emitters;
“service equipment” means —
in the case of a tank —
safety devices,
devices for filling, emptying, venting, heating and insulating the tank, and
measuring instruments; and
in the case of an intermediate bulk container —
safety devices,
devices for filling, discharge, pressure relief, venting, heating and insulating, and
measuring instruments;
“shipment” means the specific movement of a consignment from origin to destination where that movement includes carriage in Great Britain;
“shaft”, in relation to a mine, means a shaft the top of which is, or is intended to be, at the surface;
“shell” means sheathing containing radioactive material, including the openings and their closures;
“small container” means a container any of whose overall outer dimensions is less than 1.5 metres or whose internal volume is not more than 3m 3 ;
“special form radioactive material” means —
an indispersible solid radioactive material; or
a sealed capsule containing radioactive material, so manufactured that it can be opened only by destroying the capsule,
which meets the requirements of RID paragraph 2.2.7.4;
“specific activity”, in relation to a material, means the activity per unit mass or volume of the material in which the radionuclides are essentially uniformly distributed;
“structural equipment” means —
in the case of the tank of a tank wagon or the tank of a tank container the external or internal reinforcing, fastening, protective or stabilising members of the shell;
in the case of the tank of a portable tank, the external reinforcing, fastening, protective or stabilising members of the shell;
in the case of an intermediate bulk container, other than a flexible intermediate bulk container, the reinforcing, fastening, handling, protective or stabilising members of the body;
“surface contaminated object” means a solid object which is not itself radioactive but which has radioactive material distributed on its surface;
“tank” means a shell including its service equipment and its structural equipment;
“tank container” means a container which —
comprises —
a shell, and
items of equipment used for the carriage of a gas, a liquid, a powdery substance or a granular substance; and
has a capacity of more than 450 litres,
and in this definition, “items of equipment” includes equipment used to facilitate the movement of the container without significant change of attitude;
“tank wagon” means a wagon, including a wagon with a demountable tank, intended for the carriage of liquids, gases, powdery substances or granular substances, comprising —
a superstructure which consists of one or more shells; and
an underframe fitted with its own items of equipment,
and in this definition, “items of equipment” means running gear, suspension, buffing, traction, braking gear and inscriptions;
“train” has the meaning assigned to it by section 83(1) of the Railways Act 1993 ;
“train operator” means, in relation to a train, the person who has the management of that train for the time being, and the expression “operator of a train” shall be construed accordingly;
“ Type B(M) package ” means a package which meets the requirements specified in RID Section 6.4.9;
“ Type B(U) package ” means a package which meets the requirements specified in RID Section 6.4.8;
“ Type C package ” means a package which meets the requirements specified in paragraphs 667 to 670 of the Regulations for the Safe Transport of Radioactive Material ;
“unilateral approval”, in relation to a design, means approval of a design only by the competent authority of the country of origin of the design;
“wagon” means a vehicle which —
does not have its own means of propulsion;
runs on its own wheels on railway tracks; and
is used for the carriage of goods;
“wooden barrel” means a packaging made of natural wood, of round cross section, having convex walls, consisting of staves and heads and fitted with hoops.
2
For the purposes of these Regulations —
a
where a design —
i
is one which requires unilateral approval in accordance with RID, and
ii
originates in a COTIF Member State,
that design shall be granted unilateral approval when it is approved by the competent authority of that COTIF Member State;
b
where a design of a package is one which requires unilateral approval in accordance with RID but does not originate in a COTIF Member State, the package may be carried in Great Britain without the design of that package having been granted unilateral approval if —
i
a certificate is provided by the country in which the design originated confirming that the design in question satisfies the technical provisions of RID, and
ii
that certificate is countersigned by the Secretary of State or the competent authority of a COTIF Member State;
c
where a design of a package is one which requires unilateral approval in accordance with RID and that design —
i
originates in a COTIF Member State and no unilateral approval has been granted in respect of that design, or
ii
originates in a country which is not a COTIF Member State and that country has not provided a certificate confirming that that design satisfies the technical provisions of RID,
the package in question may be carried in Great Britain if the design is approved by the Secretary of State or the competent authority of a COTIF Member State.
3
For the purposes of these Regulations, the members of the crew of a train shall include the driver, guard and any other person on board the train in question who has responsibilities related to the carriage of radioactive material on that train.
4
For the purposes of these Regulations, a package shall be deemed to be engaged in the carriage of radioactive material from the applicable time until the time when the package —
a
is removed from the railway; or
b
has been unloaded and, where necessary, cleaned and decontaminated so that any of the radioactive material which remains in the package is not sufficient to create a risk to the health and safety of any person.
5
In paragraph (4), “the applicable time” means —
a
in the case where the wagon, container, tank container, portable tank or tank wagon in question has been loaded with radioactive material before being brought onto the railway, the time when the wagon, container, tank container, portable tank or tank wagon, as the case may be, is brought onto the railway for the purpose of carrying the radioactive material; or
b
in the case where the wagon, container, tank container, portable tank or tank wagon in question has been brought onto the railway for the purpose of carrying radioactive material before the commencement of loading, the time when the loading of the wagon, container, tank container, portable tank or tank wagon, as the case may be, with radioactive material commences.
6
For the purposes of these Regulations, a multilateral approval may be demonstrated by the validation by a competent authority, other than the competent authority of the State of origin of the design or shipment in question, of the original certificate of approval relating to such design or shipment.
7
A validation referred to in paragraph (6) may be effected by means of —
a
an endorsement on the original certificate of approval; or
b
the issue of a separate endorsement, annex or supplement.
8
A reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and
c
the letters “RID” followed by a numbered Part, Chapter, Section, paragraph or sub-paragraph is a reference to the Part, Chapter, Section, paragraph or sub-paragraph in RID so numbered.
Meaning of “operator”
3
1
For the purposes of these Regulations, the operator of a wagon, a container, a tank container, a portable tank or a tank wagon used for the carriage of radioactive material shall be —
a
the person who —
i
has a place of business in Great Britain, and
ii
owns the wagon, the container, the tank container, the portable tank or the tank wagon in question; or
b
if there is no such person as described in sub-paragraph (a) above, the person who —
i
has a place of business in Great Britain, and
ii
acts as agent for the owner of the wagon, the container, the tank container, the portable tank or the tank wagon in question; or
c
if there is no such person as described in either sub-paragraph (a) or sub-paragraph (b) above, the operator of the train —
i
on which the container, the tank container or the portable tank in question is carried, or
ii
of which the wagon or the tank wagon in question forms part.
2
Subject to paragraph (3), for the purposes of paragraph (1), a person to whom a wagon, a container, a tank container, a portable tank or tank wagon is leased or hired shall be deemed to be the owner of that wagon, container, tank container, portable tank or tank wagon, as the case may be.
3
Paragraph (2) shall not apply where the lessor, or as the case may be, the hirer of the wagon, the container, the tank container, the portable tank or the tank wagon has made a written agreement with the person to whom he has leased or hired the wagon, the container, the tank container, the portable tank or the tank wagon to the effect that the lessor or the hirer shall assume the responsibilities of the owner imposed by or under these Regulations.
Application
4
1
Subject to the following paragraphs of this regulation, these Regulations apply to, and in relation to, the carriage of radioactive material by rail.
2
Regulations 6 to 19 shall not apply to, or in relation to, the carriage of radioactive material where —
a
the carriage forms part of an international transport operation which is subject to a bilateral or a 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 the agreement concerned;
b
the carriage forms part of an international transport operation within the meaning of COTIF and conforms in every respect with the provisions of RID; or
c
the carriage forms part of an international transport operation which is subject to a bilateral or a multilateral special agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to the agreement concerned.
3
The provisions specified in paragraph (4) shall not apply to, or in relation to, the carriage of radioactive material where the carriage forms part of a transport operation which includes transport by road in Great Britain.
4
The provisions referred to in paragraph (3) are —
a
regulations 6 to 9;
b
regulations 14 to 18;
c
paragraphs (1)(a) and (3) of regulation 19; and
d
paragraphs (2) and (4) of regulation 19, so far as those paragraphs apply to a person referred to in regulation 19(1)(a).
5
These Regulations shall not apply to, or in relation to, the carriage of radioactive material where the radioactive material in question is —
a
an integral part of the means of transport;
b
incorporated into an individual or a live animal for the purposes of diagnosis or treatment;
c
radioactive material in consumer products which have received regulatory approval, following their sale to the end user; or
d
moved only within an establishment in compliance with such regulations relating to safety as apply to that establishment and where such movement is not on a road or a railway.
6
These Regulations shall not apply to, or in relation to, the carriage of any natural material or ore which contains a naturally occurring radionuclide where —
a
the natural material or ore will not be processed to enable the radionuclide to be used; and
b
the activity concentration of the naturally occurring radionuclide does not exceed 10 times the values specified in RID sub-paragraph 2.2.7.7.2.
7
These Regulations shall not apply to, or in relation to, the carriage of radioactive material where —
a
the carriage is by a person whose main activity is not the carriage of dangerous goods; and
b
the carriage is —
i
within the maximum total quantity per wagon or large container for Class 7 articles or substances specified in the table in RID paragraph 1.1.3.1, or
ii
in respect of empty uncleaned packagings which have contained radioactive material except for Class 7 articles or substances classified in transport category O referred to in that table.
8
These Regulations shall not apply to, or in relation to, the carriage of radioactive material —
a
by, or under the supervision of, the emergency services;
b
as a result of an emergency, with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is conducted safely.
9
These regulations shall not apply to the carriage of radioactive material —
a
which is, or forms part of, an instrument of war; or
b
which is required for research into, or the development or production of, any such instrument or part of any such instrument; or
c
which is produced in the course of, or in connection with, such research, development or production,
when the carriage is undertaken on behalf of a Department of the Government of the United Kingdom or when the carriage is undertaken in connection with the execution of a contract with any such Department.
10
These Regulations do not apply to, or in relation to —
a
the carriage of a luminous device intended to be worn by a person;
b
the carriage in any one railway vehicle of no more than 500 smoke detectors for domestic use with an individual activity not exceeding 40kBq; or
c
the carriage in any one railway vehicle of no more than five gaseous tritium light devices with an individual activity not exceeding 10 GBq.
11
In this regulation —
a
“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; and
b
“railway vehicle” means a conveyance which is used to carry radioactive material on a railway.
Revocations
5
Schedule 2 shall have effect.
PART II
GENERAL
Determination of radioactive material
6
1
Before a consignor of radioactive material consigns the radioactive material for carriage, he shall determine whether the radioactive material is either —
a
LSA-I;
b
LSA-II;
c
LSA-III, applying the test specified in RID paragraph 2.2.7.3;
d
special form radioactive material, using the criteria contained in, and applying the tests and assessments specified in, RID paragraph 2.2.7.4;
e
SCO-I; or
f
SCO-II,
and, if it is, the consignor shall then determine which type of package shall be used in accordance with the provisions of RID Section 2.2.7 for the carriage of that radioactive material.
2
If a consignor of radioactive material determines that the radioactive material for carriage —
a
is neither LSA-I, LSA-II nor LSA-III;
b
is not special form radioactive material; and
c
is neither SCO-I nor SCO-II,
then he shall ascertain the activity level of the radioactive material in accordance with the table, and other requirements specified, in RID sub-paragraph 2.2.7.7.2 in order to determine which type of package described in RID sub-paragraph 2.2.7.7.1 shall be used for the carriage of that radioactive material.
Determination of the transport index
7
1
Before a consignor of radioactive material consigns —
a
radioactive material contained in an overpack, a container, a wagon or a tank;
b
a package;
c
unpackaged LSA-I; or
d
unpackaged SCO-I,
he shall determine the transport index for the overpack, the container, the wagon, the tank, the package, the unpackaged LSA-I or the unpackaged SCO-I, as the case may be, in accordance with the procedure contained in RID sub-paragraph 2.2.7.6.1.
2
In this regulation, “transport index” means a number which is —
a
used to provide control over radiation exposure; and
b
assigned to a package, an overpack, a wagon, a tank or a container, or unpackaged LSA-I or SCO-I.
Determination of the criticality safety index
8
Before a consignor of radioactive material consigns a consignment containing fissile material, he shall determine the criticality safety index for that consignment in accordance with RID sub-paragraph 2.2.7.6.2.
Duties of a consignor of radioactive material
9
1
A consignor shall ensure that the radioactive material is prepared for carriage in accordance with RID.
2
A consignor shall ensure that the operator of the train which is used for the carriage of the radioactive material and the operator of any wagon, container, tank container, portable tank or tank wagon which is used for such carriage are furnished with —
a
information and data; and
b
the consignment notes and accompanying documents,
relating to the carriage and consignment in question, taking into account the requirements contained in RID Chapter 5.4 and the tables contained in RID Part 3.
3
A consignor shall ensure that, in relation to the consignment in question, there are used only packagings —
a
the design of which have been approved in accordance with these Regulations and RID; and
b
which bear the appropriate markings in accordance with RID.
4
A consignor shall ensure that, in relation to the consignment in question, the requirements specified in RID concerning —
a
the means of despatch; and
b
the restrictions on forwarding,
are complied with.
5
A consignor shall ensure that a tank which is empty and uncleaned —
a
shall be closed; and
b
shall be as leakproof as it would be if the tank were full.
6
A consignor shall ensure that —
a
no radioactive material is handed over for carriage unless that radioactive material is authorised for such carriage in accordance with the requirements of RID;
b
no package, nor empty packaging, which is not leakproof or otherwise damaged is handed over for carriage;
c
when the radioactive material is loaded in a wagon or a large container, the requirements of RID relating to loading and handling are complied with;
d
when radioactive material contained in a wagon or large container is handed over for carriage, the requirements of RID relating to —
i
the placarding of, or
ii
the affixing of orange plates to,
that wagon or large container are complied with;
e
when packages are loaded, the mixed packing requirements of RID relating to the radioactive material are complied with.
7
A consignor shall ensure that the requirements specified in RID relating to —
a
the packing of the radioactive material; and
b
the marking and labelling of the package in question,
are complied with.
8
A consignor shall ensure that —
a
prior to the filling of a tank with radioactive material, that tank and its equipment are in a condition fit for carrying the radioactive material in question;
b
the amount of radioactive material which may be carried in the tank in question does not exceed the limits specified in RID;
c
once a tank has been filled with the radioactive material, the closing devices on that tank are leakproof;
d
no dangerous residues adhere to the outside of a tank after that tank has been filled with the radioactive material.
9
Prior to handing over a package for carriage, a consignor shall ensure that the requirements specified in RID paragraph 4.1.9.1.2 relating to the permissible levels of non-fixed contamination on the external surfaces of a package are complied with.
10
Without prejudice to the generality of paragraphs (1) to (8), a consignor shall ensure that the requirements contained in —
a
RID Section 1.7.5;
b
RID paragraph 2.1.3.5;
c
RID paragraphs 2.2.7.7 to 2.2.7.9;
d
RID Part 3;
e
RID Section 4.1.9; and
f
RID Chapters 5.1, 5.2 and 5.4,
so far as they relate to the radioactive material and the consignment in question, are complied with.
11
In this regulation —
a
“consignor” means a consignor of radioactive material; and
b
“empty packaging” means a packaging which contained radioactive material but which —
i
is empty, and
ii
has not been cleaned in accordance with the requirements specified in RID since it contained radioactive material.
Duties of a train operator
10
1
A train operator shall not carry a consignment until he has ensured that —
a
the radioactive material has been accepted for carriage in accordance with RID;
b
the documentation prescribed in accordance with RID is attached to the consignment note;
c
the containers and wagons, which carry the radioactive material, have been inspected to ascertain that they have no obvious defects, leakages, cracks, missing equipment or other faults;
d
the containers and wagons, which carry the radioactive material, are not overloaded; and
e
the placards and markings prescribed in RID have been affixed to the containers and wagons.
2
If, during the carriage of radioactive material, a train operator is of the opinion that there has been a breach of any of the provisions of these Regulations or RID such that the safety of the carriage has been, is or could be at risk, the train operator shall stop the carriage as soon as possible, taking account of —
a
the requirements of railway safety;
b
the safe immobilisation of the consignment; and
c
public safety.
3
Where a train operator has stopped the carriage of radioactive material in accordance with paragraph (2), the train operator may continue the carriage —
a
only when he is satisfied that the provisions of RID and these Regulations relating to the consignment have been complied with; or
b
where the Secretary of State authorises that the carriage may continue.
4
A train operator shall ensure that —
a
the consignee of radioactive material; and
b
the infrastructure controller on whose railway the radioactive material is to be carried,
are furnished prior to carriage with the information and data and consignment notes and accompanying documents relating to the carriage and consignment in question which are furnished to that train operator by the consignor of radioactive material in accordance with regulation 9(2).
5
A train operator shall ensure that —
a
empty tanks;
b
empty wagons; and
c
empty large and small containers,
which have not been cleaned are marked and placarded in accordance with the requirements specified in RID Chapter 5.3.
6
Without prejudice to the generality of paragraphs (1) to (4), the operator of a train which carries radioactive material shall ensure that the requirements specified in RID paragraph 2.2.7.9 and RID Chapters 7.5 and 7.6 relating to the carriage in question are complied with.
Duties of a consignee
11
1
A consignee of radioactive material shall ensure that —
a
subject to paragraph (2), the acceptance of the radioactive material is not refused;
b
the wagons and containers, in which the radioactive material in question was carried, are —
i
cleaned and decontaminated in accordance with the requirements specified in paragraph (5.4) of entry CW33 in RID Section 7.5.11, and
ii
not returned or re-used until such cleaning and decontamination have been carried out;
c
such wagons and containers do not bear placards, markings or orange plates after they have been cleaned and decontaminated.
2
A person may refuse to accept a consignment if acceptance —
a
would create a danger to the health and safety of any person; or
b
would be likely to harm the environment.
Duties of the operator of a wagon, a container, a tank container, a portable tank and a tank wagon
12
1
The operator of a wagon, a container, a tank container, a portable tank or a tank wagon which is used for the carriage of radioactive material shall ensure that —
a
the wagon, the container, the tank container, the portable tank or the tank wagon, as the case may be, is maintained so that, under normal operating conditions, it satisfies the requirements of RID; and
b
an inspection is carried out on the wagon, the container, the tank container, the portable tank or the tank wagon, as the case may be, if its integrity could have been impaired by reason of a repair, an alteration or an accident.
2
Without prejudice to the generality of paragraph (1), the operator of a wagon which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that wagon are complied with.
3
Without prejudice to the generality of paragraph (1), the operator of a container which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that container are complied with.
4
Without prejudice to the generality of paragraph (1), the operator of a tank container which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that tank container are complied with.
5
Without prejudice to the generality of paragraph (1), the operator of a portable tank which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that portable tank are complied with.
6
Without prejudice to the generality of paragraph (1), the operator of a tank wagon which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that tank wagon are complied with.
7
The operator of a wagon, a container, a tank container, a portable tank or a tank wagon shall ensure that orange plates, labels and placards are affixed on the wagon, the container, the tank container, the portable tank or the tank wagon, as the case may be, in accordance with RID Chapter 5.3.
8
During the carriage of the radioactive material in question, the operator of the wagon, the container, the tank container, the portable tank or the tank wagon, as the case may be, which is used for the carriage of the radioactive material shall ensure that the requirements specified in RID sub-paragraph 4.1.9.1.2 and RID sub-paragraph 4.1.9.1.4 are complied with.
9
In this regulation, “the RID provisions” means RID Sections 4.2.1, 4.2.4, 4.3.1, 4.3.2, 4.3.4 and 4.3.5 and RID Part 7, except RID Chapter 7.7.
Duties of the designers of packages and manufacturers of packagings
13
The designer of a package and the manufacturer of a packaging to be used in the carriage of radioactive material shall ensure that the requirements contained in RID Sections 6.4.2 to 6.4.21 relating to the design of the package, or, as the case may be, the manufacture of the packaging, are complied with.
PART III
APPROVALS AND NOTIFICATIONS
Approval of package designs
14
1
No person shall cause or permit the carriage of —
a
a package designed to contain 0.1 kilogram or more of uranium hexafluoride;
b
a package designed to contain fissile material;
c
a Type B(M) package;
d
a Type B(U) package;
e
a Type C package,
unless the design of the package in question has been approved in accordance with the requirements of RID Section 6.4.22 which relate to that package.
2
Where an application for the approval of a design of a package referred to in paragraph (1) is made to the Secretary of State, the application shall be in writing and —
a
in the case of a package referred to in paragraph (1)(a), shall include the information referred to in RID paragraph 6.4.23.6;
b
in the case of a package referred to in paragraph (1)(b), shall include the information referred to in RID paragraph 6.4.23.7;
c
in the case of a package referred to in paragraph (1)(c), shall include the information referred to in RID paragraphs 6.4.23.4 and 6.4.23.5; and
d
in the case of a package referred to in paragraph (1)(d) or (1)(e), shall include the information referred to in RID paragraph 6.4.23.4.
3
When granting an approval in respect of an application made pursuant to paragraph (2), the Secretary of State shall —
a
assign an identification mark which meets the requirements of RID paragraphs 6.4.23.9 and 6.4.23.10; and
b
include in the approval the information referred to in RID paragraph 6.4.23.14.
Approval of design for special form radioactive material and for low dispersible radioactive material
15
1
No person shall cause or permit the carriage of special form radioactive material unless the design for that special form radioactive material has been granted unilateral approval.
2
No person shall cause or permit the carriage of low dispersible radioactive material unless the design for that low dispersible radioactive material has been granted multilateral approval.
3
Where an application for the approval of a design for special form radioactive material or for low dispersible radioactive material is made to the Secretary of State, the application —
a
shall be in writing; and
b
shall include the information referred to in RID paragraph 6.4.23.8.
4
When granting an approval in respect of an application made pursuant to paragraph (3), the Secretary of State shall —
a
assign an identification mark which meets the requirements of RID paragraphs 6.4.23.9 and 6.4.23.10; and
b
include in the approval the information referred to in RID paragraph 6.4.23.11.
Shipment approvals other than approvals for shipments under special arrangement
16
1
Subject to paragraph (3), no person shall cause or permit to be made a shipment of any of the packages specified in paragraph (2) without multilateral approval for the shipment.
2
The packages referred to in paragraph (1) are —
a
a Type B(M) package which does not conform to the requirements of RID paragraph 6.4.7.5;
b
a Type B(M) package which is designed to allow controlled intermittent venting;
c
a Type B(M) package which contains radioactive material with an activity level greater than either —
i
3000 A 1 or 3000 A 2 , as appropriate, or
ii
1000 TBq,
which ever is the lower;
d
a package containing fissile material if the sum of the criticality safety indices of the package exceeds 50.
3
Paragraph (1) shall not apply as regards carriage in Great Britain where the Secretary of State has authorised in the design approval for the package in question that the package may be carried in Great Britain without an approval for its shipment.
4
Where an application for a shipment approval referred to in paragraph (1) is made to the Secretary of State under this regulation, the application —
a
shall be in writing; and
b
shall include the information referred to in RID paragraph 6.4.23.2.
5
When granting an approval in respect of an application made pursuant to paragraph (4), the Secretary of State shall —
a
assign an identification mark which meets the requirements of RID paragraphs 6.4.23.9 and 6.4.23.10; and
b
include in the approval the information referred to in RID paragraph 6.4.23.13.
6
An approval granted by the Secretary of State under regulation 14 and this regulation may be combined into a single approval.
Approval of shipments under special arrangement
17
1
This regulation shall apply where it is impracticable for a consignment to comply with the requirements of RID and these Regulations which apply to that consignment.
2
No person shall cause or permit a shipment in the circumstances referred to in paragraph (1) except under special arrangement with the approval of the Secretary of State.
3
The Secretary of State shall not approve a shipment under special arrangement unless he is satisfied that —
a
it is impracticable for the shipment to comply with the requirements of RID and these Regulations which apply to that shipment; and
b
the provisions for the shipment are such that the overall level of safety during the shipment is at least equivalent to that which would have been achieved if all the requirements of RID and these Regulations which apply to the shipment had been complied with.
4
An application for the approval by the Secretary of State of a shipment under special arrangement —
a
shall be in writing; and
b
shall include the information referred to in RID paragraph 6.4.23.3.
5
When granting an approval in respect of an application made pursuant to paragraph (4), the Secretary of State shall —
a
assign an identification mark which meets the requirements of RID paragraphs 6.4.23.9 and 6.4.23.10; and
b
include in the approval the information referred to in RID paragraph 6.4.23.12.
Notification and registration of serial numbers
18
1
The manufacturer of a packaging manufactured to a design approved by the Secretary of State pursuant to these Regulations shall —
a
obtain from the Secretary of State a serial number which the Secretary of State has not previously issued;
b
allocate that serial number to that packaging; and
c
promptly notify the Secretary of State in writing of the serial number so allocated.
2
The Secretary of State shall maintain a register of the serial numbers of which he is notified pursuant to paragraph (1).
PART IV
QUALITY ASSURANCE AND TRAINING
Quality assurance
19
1
Insofar as they are matters within his control, it shall be the duty of —
a
the designer, manufacturer and consignor of a package, packaging or relevant material, as the case may be;
b
the operator of a wagon, a container, a tank container, a tank wagon or a portable tank which is used for the carriage of a package, packaging or relevant material;
c
a train operator on whose train is carried a package, packaging or relevant material;
d
an infrastructure controller on whose railway is carried a package, packaging or relevant material,
to comply with the requirements contained in paragraph (2).
2
The requirements referred to in paragraph (1) are to establish and maintain an adequate quality assurance programme in order to ensure that the provisions of these Regulations and RID relating to the design, manufacture, testing, documentation, use, maintenance, inspection and carriage of packages, packagings and relevant material are complied with.
3
Where the Secretary of State is required to approve —
a
the design of a package;
b
the design for relevant material; or
c
a shipment,
under these Regulations, the Secretary of State shall not give his approval unless he is satisfied that the quality assurance programme for the design or the shipment is adequate.
4
In relation to an approved package, and in so far as they are matters within his control, it shall be the duty of a person referred to in paragraph (1), when so requested to do so by the Secretary of State —
a
to provide the Secretary of State with facilities to inspect the packaging during its construction and use;
b
to demonstrate to the Secretary of State that the construction methods and materials used for the construction of the packaging are in accordance with the approved design specifications;
c
to demonstrate to the Secretary of State that all packagings and special form radioactive material built to an approved design are —
i
periodically inspected, and
ii
when necessary, repaired and maintained in good condition,
so that they continue to comply with all the requirements of these Regulations and RID, even after repeated use; and
d
where a design specification has been fully implemented, to produce to the Secretary of State a certificate to that effect.
5
In this regulation —
a
“approved package” means a package the design of which must be approved in accordance with these Regulations and RID; and
b
“relevant material” means special form radioactive material or low dispersible radioactive material.
Training of persons involved in the carriage of radioactive material
20
1
A relevant employer shall ensure that each of his employees who has responsibilities relating to the carriage of radioactive material has received the information, instruction and training appropriate to those responsibilities to enable him to understand —
a
the nature of the dangers to which radioactive material being carried may give rise;
b
the precautions the employee should take to ensure that —
i
his exposure to radiation, and
ii
the exposure to radiation of other people who may be affected by the actions of the employee,
are restricted;
c
the action the employee should take in an emergency involving radioactive material;
d
the requirements of these Regulations and RID relating to the carriage of radioactive material; and
e
the duties of the employee under these Regulations and sections 7 and 8 of the 1974 Act.
2
A relevant employer and each employee of that employer who has responsibilities relating to the carriage of radioactive material shall keep a record of the training received by that employee pursuant to paragraph (1) whilst in the employment of the relevant employer.
3
Where a person has been employed by a relevant employer and that person is employed by another relevant employer, that other relevant employer —
a
at the commencement of the employment of that person, shall request that person to furnish him with a copy of the record of training maintained by that person in accordance with this regulation; and
b
shall verify the contents of that record.
4
An employee who is requested, pursuant to paragraph (3), to provide a copy of the record of training maintained by him, shall provide such a copy within seven days of the day on which the request was made.
5
In this regulation, “relevant employer” means —
a
the operator of a train used for the carriage of radioactive material;
b
a facility owner;
c
a consignor of radioactive material;
d
a consignee of radioactive material;
e
the operator of a wagon, a container, a tank container, a portable tank or a tank wagon used in the carriage of radioactive material;
f
an infrastructure controller whose railway is used in connection with the carriage of radioactive material;
g
any other person who, in the course of trade, business or other undertaking, carries out work relating to the carriage of radioactive material.
PART V
SECURITY MEASURES AND EMERGENCY ARRANGEMENTS
Security
21
Every person engaged in the carriage of radioactive material shall take all reasonable steps to ensure that unauthorised access to the radioactive material is prevented.
Emergencies
22
1
Subject to paragraph (2), where there is an immediate risk of injury to an individual arising out of the carriage of radioactive material, it shall be the duty of every person involved in the carriage of that radioactive material —
a
immediately to notify the emergency services; and
b
to provide the emergency services with such information as the emergency services may require.
2
A person shall not be under the duty referred to in paragraph (1) where that person knows that the emergency services have been notified of the immediate risk in question.
Emergency plans
23
1
Every train operator whose train is used for the carriage of radioactive material shall draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving radioactive material carried on that train.
2
Every facility owner at whose railway facility is present radioactive material shall draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving radioactive material present at that railway facility.
3
Every infrastructure controller on whose railway track is carried radioactive material shall draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving radioactive material carried on that railway track.
4
Every person referred to in paragraphs (1), (2) and (3) shall co-operate with each other in order to ensure effective co-ordination of their respective safety systems and procedures.
Marshalling and formation of trains
24
The operator of a train which is being used for the carriage of radioactive material shall ensure that all necessary precautions are taken during the marshalling or formation of that train to prevent the creation of a significant risk or the significant increase of any existing risk to the health or safety of any person.
Prevention of fire, explosion and leakage
25
No person shall cause or permit anything to be done which is liable to create a significant risk or significantly increase any existing risk of a fire, an explosion or a leakage whilst radioactive material is being carried by rail.
PART VI
MISCELLANEOUS
Keeping of information
26
1
For a period of two years from the date of the commencement of the carriage in question, a consignor of radioactive material shall retain any information in his possession derived from measurements of contamination taken to ensure that he complies with the duty imposed on him by virtue of regulation 9(9).
2
For a period of two years from the date of the commencement of the carriage in question, an operator of a wagon, a container, a tank container, a portable tank or a tank wagon which is used to carry the radioactive material shall retain any information in his possession derived from measurements of contamination taken to ensure that he complies with the duty imposed on him by virtue of regulation 12(8).
3
For a period of two years from the date of the commencement of the carriage in question —
a
a consignor of radioactive material;
b
the infrastructure controller on whose railway is carried the radioactive material;
c
the operator of the train which carries the radioactive material; and
d
the operator of any wagon, container, tank container, portable tank or tank wagon which is used for such carriage,
shall each keep a record of the relevant information relating to the carriage and the consignment.
4
The designer, manufacturer and consignor of —
a
a packaging;
b
a package; or
c
special form radioactive material,
as the case may be, shall retain all information in their possession relating to the design, manufacture, testing and maintenance of the package, packaging or special form radioactive material in question, including (without prejudice to the generality of the foregoing) specifications, calculations, test results, quality assurance programmes and manufacturing records, for so long as the package, packaging or special form radioactive material in question is in use for the carriage of radioactive material.
5
In this regulation, “relevant information” means —
a
the information and data; and
b
the consignment notes and accompanying documents,
referred to in regulation 9(2).
Exemption certificates
27
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt —
a
any person or class of persons;
b
any radioactive material; or
c
any package, packaging, overpack, wagon, container, tank container, portable tank or tank wagon,
from all or any of the requirements or prohibitions imposed by these Regulations.
2
The Executive shall not grant an exemption pursuant to paragraph (1) unless, having regard to the circumstances of the case, and in particular to —
a
any conditions which it proposes to attach to the exemption; and
b
any other requirements imposed by or under enactments which apply to the case,
it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.
3
In the interests of national security, the Secretary of State for Defence may, by a certificate in writing, exempt any person from all or any of the requirements or prohibitions imposed by these Regulations.
4
An exemption granted pursuant to paragraph (1) or paragraph (3) may be granted subject to conditions and to a limit of time.
5
An exemption granted pursuant to —
a
paragraph (1) may be revoked by the Executive; and
b
paragraph (3) may be revoked by the Secretary of State for Defence,
at any time by a certificate in writing.
Defence
28
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations, it shall be a defence, subject to paragraphs (2) and (3), 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 (hereafter in this regulation 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 be entitled, without leave of the court, to rely on the defence referred to in paragraph (1) unless, at least seven clear days —
a
before the hearing to determine the mode of trial, where the proceedings are in England or Wales;
b
before the intermediate diet, where the proceedings are summary proceedings in Scotland; or
c
before the first diet, where the proceedings are solemn proceedings in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, the other person as was then in his possession.
3
Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, the other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.
International provisions
29
1
This regulation applies to the carriage of radioactive material prior to or following maritime carriage or air carriage.
2
Subject to paragraph (3), where any provision of regulation 6–19 applies to a matter to which the ICAO Technical Instructions or, as the case may be, the IMDG Code apply, the provisions of the regulation in question shall be deemed to be sufficiently complied with in relation to that matter, if —
a
the provisions of the ICAO Technical Instructions or, as the case may be, of the IMDG Code; and
b
such of the conditions specified in paragraph (4) as are relevant to the matter,
are satisfied in relation to that matter.
3
Paragraph (2) shall not apply where the radioactive material in question is not considered to be dangerous goods in accordance with the provisions of the ICAO Technical Instructions or, as the case may be, of the IMDG Code.
4
The conditions referred to in paragraph (2) are —
a
if packages are not marked, placarded and labelled in accordance with RID, then they shall bear markings and danger labels in accordance with the ICAO Technical Instructions or, as the case may be, the IMDG Code;
b
the ICAO Technical Instructions or, as the case may be, the IMDG Code shall apply to mixed packing within a package;
c
containers, portable tanks or tank containers and wagons containing a full load of packages shall be marked, placarded and labelled in accordance with Chapter 5.3 of the IMDG Code, unless they are marked, placarded and labelled in accordance with RID Chapter 5.3; and
d
portable tanks and tank containers which are empty and uncleaned shall be marked, placarded and labelled in accordance with Chapter 5.3 of the IMDG Code, unless they are marked, placarded and labelled in accordance with RID Chapter 5.3.
5
In this regulation —
a
“the ICAO Technical Instructions” means the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as revised or re-issued from time to time by the International Civil Aviation Organisation ; and
b
“the IMDG Code” means the International Maritime Dangerous Goods Code for the Carriage of Dangerous Goods, as revised or re-issued from time to time by the International Maritime Organisation .
Transitional provisions
30
1
Schedule 3 shall have effect.
2
The Secretary of State shall continue to maintain a register of the serial numbers assigned to packagings notified to him before the date on which these Regulations come into force.
Amendments to the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
31
Paragraph 2(b) of Schedule 1 to the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 shall be omitted and replaced by —
b
excepted packages, and in this sub-paragraph —
i
“excepted package” means a package which satisfies the provisions of paragraph 2.2.7.9 of RID, and
ii
“package” and “RID” have the meanings assigned to them in regulation 2(1) of the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002;
.
Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2001
32
Schedule 4 shall have effect.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
6th August 2002


type: legislation

jurisdiction: UK

text:
PART 1
GENERAL PROVISIONS
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations shall cease to have effect on such day as is appointed by order made under section 63(1) of the Tax Credits Act 2002 (tax credit appeals etc. : temporary modifications).
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1998 Act ” means the Social Security Act 1998, as applied and modified by the Tax Credits (Appeals) Regulations 2002;
“the 2002 Act ” means the Tax Credits Act 2002;
“appeal” means an appeal which by virtue of section 63 of the 2002 Act is from an appeal tribunal to a Social Security Commissioner;
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act;
“authorised officer” means an officer authorised by the Lord Chancellor, or in Scotland by the Secretary of State, in accordance with paragraph 6 of Schedule 4 to the 1998 Act;
“chairman” means —
the person who was the chairman or the sole member of the appeal tribunal which gave the decision against which leave to appeal is being sought; or
any other person authorised to deal with applications for leave to appeal to a Commissioner against that decision under section 14 of the 1998 Act;
“joint claimant” means a person making a claim under section 3(3)(a) of the 2002 Act;
“legally qualified” means being a solicitor or barrister, or in Scotland, a solicitor or advocate;
“month” means a calendar month;
“office” means an Office of the Social Security Commissioners;
“party” means a party to the proceedings;
“penalty proceedings” means proceedings taken under Schedule 2 of the 2002 Act;
“proceedings” means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner, or by way of an appeal, or otherwise;
“respondent” means —
any person or organisation other than the applicant or appellant who is one of the principal parties as defined in section 13 of the 1998 Act;
any other person taking part in the proceedings in accordance with section 14 of the 1998 Act or at the direction or with the leave of the Commissioner;
“summons”, in relation to Scotland, corresponds to “citation” and regulation 20 shall be construed accordingly;
“tax credit” means a child tax credit or a working tax credit, construing those terms in accordance with section 1(1) and (2) of the 2002 Act.
General powers of a Commissioner
3
1
Subject to the provisions of these Regulations, a Commissioner may adopt any procedure in relation to proceedings before him.
2
A Commissioner may —
a
extend or abridge any time limit under these Regulations (including, subject to regulations 7(3) and 11(2), granting an extension where the time limit has expired);
b
expedite, postpone or adjourn any proceedings.
3
Subject to paragraph (4), a Commissioner may, on or without the application of a party, strike out any proceedings for want of prosecution or abuse of process.
4
Before making an order under paragraph (3), the Commissioner shall send notice to the party against whom it is proposed that it should be made giving him an opportunity to make representations why it should not be made.
5
A Commissioner may, on application by the party concerned, give leave to reinstate any proceedings which have been struck out in accordance with paragraph (3) and, on giving leave, he may give directions as to the conduct of the proceedings.
6
Nothing in these Regulations shall affect any power which is exercisable apart from these Regulations.
Transfer of proceedings between Commissioners
4
If it becomes impractical or inexpedient for a Commissioner to continue to deal with proceedings which are or have been before him, any other Commissioner may rehear or deal with those proceedings and any related matters.
Delegation of functions to authorised officers
5
1
The following functions of the Commissioners may be exercised by legally qualified authorised officers, to be known as legal officers to the Commissioners —
a
giving directions under regulations 6 and 16;
b
determining requests for or directing hearings under regulation 18;
c
summoning witnesses, and setting aside a summons made by a legal officer, under regulation 20;
d
postponing a hearing under regulation 3;
e
giving leave to withdraw or reinstate applications or appeals under regulation 21;
f
waiving irregularities under regulation 22 in connection with any matter being dealt with by a legal officer;
g
extending or abridging time, directing expedition, giving notices, striking out and reinstating proceedings under regulation 3.
2
Any party may, within 14 days of being sent notice of the direction or order of a legal officer, make a written request to a Commissioner asking him to reconsider the matter and confirm or replace the direction or order with his own, but, unless ordered by a Commissioner, a request shall not stop proceedings under the direction or order.
Manner of and time for service of notices, etc.
6
1
A notice to or document for any party shall be deemed duly served if it is —
a
delivered to him personally; or
b
properly addressed and sent to him by prepaid post at the address last notified by him for this purpose, or to his ordinary address; or
c
served in any other manner a Commissioner may direct.
2
A notice to or other document for a Commissioner shall be delivered or sent to the office.
3
For the purposes of any time limit, a properly addressed notice or other document sent by prepaid post, fax or email is effective from the date it is sent.
PART 2
APPLICATIONS FOR LEAVE TO APPEAL AND APPEALS
Application to a Commissioner for leave to appeal
7
1
An application to a Commissioner for leave to appeal against the decision of an appeal tribunal may be made only where the applicant has sought to obtain leave from the chairman and leave has been refused or the application has been rejected.
2
Subject to paragraph (3) an application to a Commissioner shall be made within one month of notice of the refusal or rejection being sent to the applicant by the appeal tribunal.
3
A Commissioner may for special reasons accept a late application or an application where the applicant failed to seek leave from the chairman within the specified time, but did so on or before the final date.
4
In paragraph (3) the final date means the end of a period of 13 months from the date on which the decision of the appeal tribunal or, if later, any separate statement of the reasons for it, was sent to the applicant by the appeal tribunal.
Notice of application to a Commissioner for leave to appeal
8
1
An application to a Commissioner for leave to appeal shall be made by notice in writing, and shall contain —
a
the name and address of the applicant;
b
the grounds on which the applicant intends to rely;
c
if the application is made late, the grounds for seeking late acceptance; and
d
an address for sending notices and other documents to the applicant.
2
The notice in paragraph (1) shall have with it copies of —
a
the decision against which leave to appeal is sought;
b
if separate, the written statement of the appeal tribunal’s reasons for it; and
c
the notice of refusal or rejection sent to the applicant by the appeal tribunal.
3
Where an application for leave to appeal is made by the Board, they shall send each respondent a copy of the notice of application and any documents sent with it when they are sent to the Commissioner.
Determination of application
9
1
The office shall send written notice to the applicant and each respondent of the determination of an application for leave to appeal to a Commissioner.
2
Subject to a direction by a Commissioner, where a Commissioner grants leave to appeal under regulation 7 —
a
notice of appeal shall be deemed to have been sent on the date when notice of the determination is sent to the applicant; and
b
the notice of application shall be deemed to be a notice of appeal sent under regulation 10.
3
If a Commissioner grants an application for leave to appeal he may, with the consent of the applicant and each respondent, treat and determine the application as an appeal.
Notice of appeal
10
1
Subject to regulation 9(2), an appeal shall be made by notice in writing and shall contain —
a
the name and address of the appellant;
b
the date on which the appellant was notified that leave to appeal had been granted;
c
the grounds on which the appellant intends to rely;
d
if the appeal is made late, the grounds for seeking late acceptance; and
e
an address for sending notices and other documents to the appellant.
2
The notice in paragraph (1) shall have with it copies of —
a
the notice informing the appellant that leave to appeal has been granted;
b
the decision against which leave to appeal has been granted; and
c
if separate, the written statement of the appeal tribunal’s reasons for it.
Time limit for appealing after leave obtained
11
1
Subject to paragraph (2), a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.
2
A Commissioner may for special reasons accept a late notice of appeal.
Acknowledgement of a notice of appeal and notification to each respondent
12
The office shall send —
a
to the appellant, an acknowledgement of the receipt of the notice of appeal;
b
to each respondent, a copy of the notice of appeal.
PART 3
PROCEDURE
Representation
13
A party may conduct his case himself (with assistance from any person if he wishes) or be represented by any person whom he may appoint for the purpose.
Respondent’s written observations
14
1
A respondent may submit to a Commissioner written observations on an appeal within one month of being sent written notice of it.
2
Written observations shall include —
a
the respondent’s name and address and address for sending documents;
b
a statement as to whether or not he opposes the appeal; and
c
the grounds upon which the respondent proposes to rely.
3
The office shall send a copy of any written observations from a respondent to every other party.
4
Where there is more than one respondent, the order of and time for written observations shall be as directed by a Commissioner under regulation 16.
Written observations in reply
15
1
Any party may submit to a Commissioner written observations in reply within one month of being sent written observations under regulation 14.
2
The office shall send a copy of any written observations in reply to every other party.
3
Where —
a
written observations have been received under regulation 14; and
b
each of the principal parties expresses the view that the decision appealed against was erroneous in point of law;
a Commissioner may make an order under section 14(7) of the 1998 Act setting aside the decision and may dispense with the procedure in paragraphs (1) and (2).
Directions
16
1
Subject to paragraph (2), where a Commissioner considers that an application or appeal made to him gives insufficient particulars to enable the question at issue to be determined, he may direct the party making the application or appeal, or any respondent, to furnish any further particulars which may be reasonably required.
2
No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.
3
A Commissioner may, before determining the application or appeal, direct the appeal tribunal to submit a statement of such facts or other matters as he considers necessary for the proper determination of that application or appeal.
4
At any stage of the proceedings, a Commissioner may, on or without an application, give any directions as he may consider necessary or desirable for the efficient despatch of the proceedings.
5
Without prejudice to regulations 14 and 15, or to paragraph (4), and subject to paragraph (2), a Commissioner may direct any party before him, to make any written observations as may seem to him necessary to enable the question at issue to be determined.
6
An application under paragraph (4) shall be made in writing to a Commissioner and shall set out the direction which the applicant seeks.
7
Unless a Commissioner shall otherwise determine, the office shall send a copy of an application under paragraph (4) to every other party.
Non-disclosure of medical evidence
17
1
Where, in any proceedings, there is before a Commissioner medical evidence relating to a person which has not been disclosed to that person and in the opinion of the Commissioner the disclosure to that person of that evidence would be harmful to his health, such evidence shall not be disclosed to that person.
2
Evidence such as is mentioned in paragraph (1) —
a
shall not be disclosed to any person acting for or representing the person to whom it relates;
b
shall not be disclosed to a joint claimant of the person to whom it relates or any person acting for or representing that joint claimant;
c
in a case where a claim for a tax credit is made by reference to the disability of a person other than the claimant or joint claimant and the evidence relates to that other person, shall not be disclosed to the claimant, joint claimant or any person acting for or representing the claimant or joint claimant;
unless the Commissioner considers that it is in the interests of the person to whom the evidence relates to disclose it.
3
Non-disclosure under paragraphs (1) or (2) does not preclude the Commissioner from taking the evidence concerned into account for the purpose of the proceedings.
Requests for hearings
18
1
Subject to paragraphs (2), (3), (4) and (5), a Commissioner may determine any proceedings without a hearing.
2
In appeals against a determination in penalty proceedings, where a request for a hearing is made by the party on whom the penalty has been imposed, a Commissioner shall grant the request.
3
Where a request for a hearing is made by any party other than as provided by paragraph (2), a Commissioner shall grant the request unless he is satisfied that the proceedings can properly be determined without a hearing.
4
Where a Commissioner refuses a request for a hearing, he shall send written notice to the person making the request, either before or at the same time as making his determination or decision.
5
A Commissioner may, without an application and at any stage, direct a hearing.
Hearings
19
1
This regulation applies to any hearing of an application or appeal to which these Regulations apply.
2
Subject to paragraph (3), the office shall give reasonable notice of the time and place of any hearing before a Commissioner.
3
Unless all the parties concerned agree to a hearing at shorter notice, the period of notice specified under paragraph (2) shall be at least 14 days before the date of the hearing.
4
If any party to whom notice of a hearing has been sent fails to appear at the hearing, the Commissioner may proceed with the case in that party’s absence, or may give directions with a view to the determination of the case.
5
Any hearing before a Commissioner shall be in public, unless the Commissioner for special reasons directs otherwise.
6
Where a Commissioner holds a hearing the following persons or organisations shall be entitled to be present and be heard —
a
the person or organisation making the application or appeal;
b
the claimant;
c
the Board;
d
a trade union, employers' association or other association which would have had a right of appeal under the 1998 Act;
e
a person acting for another in making a claim for a tax credit, or acting for another in making an application for a direction under section 19(9) of the 2002 Act;
f
a person acting for another in giving notification of a change of circumstances;
g
a person acting for another in response to a notice given under section 17 of the 2002 Act; and
h
with the leave of the Commissioner, any other person.
7
Any person entitled to be heard at a hearing may address the Commissioner and —
a
in the case of an appeal against a determination in penalty proceedings, the party on whom the penalty has been imposed may give evidence, call witnesses and put questions directly to any other person called as a witness;
b
in all other cases, a person entitled to be heard may with the leave of the Commissioner, give evidence, call witnesses and put questions directly to any other person called as a witness.
8
Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council in his capacity as such from being present at a hearing before a Commissioner which is not held in public.
Summoning of witnesses
20
1
Subject to paragraph (2), a Commissioner may summon any person to attend a hearing as a witness, at such time and place as may be specified in the summons, to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the proceedings.
2
A person shall not be required to attend in obedience to a summons under paragraph (1) unless he has been given at least 14 days' notice before the date of the hearing or, if less than 14 days, has informed the Commissioner that he accepts such notice as he has been given.
3
Upon the application of a person summoned under this regulation, a Commissioner may set the summons aside.
4
A Commissioner may require any witness to give evidence on oath and for this purpose an oath may be administered in due form.
Withdrawal of applications for leave to appeal and appeals
21
1
At any time before it is determined, an applicant may withdraw an application to a Commissioner for leave to appeal against a decision of an appeal tribunal by giving written notice to a Commissioner.
2
At any time before the decision is made, the appellant may withdraw his appeal with the leave of a Commissioner.
3
A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been withdrawn in accordance with paragraphs (1) and (2) and, on giving leave, he may make directions as to the conduct of the proceedings.
Irregularities
22
Any irregularity resulting from failure to comply with the requirements of these Regulations shall not by itself invalidate any proceedings, and the Commissioner, before reaching his decision, may waive the irregularity or take steps to remedy it.
PART 4
DECISIONS
Determinations and decisions of a Commissioner
23
1
The determination of a Commissioner on an application for leave to appeal shall be in writing and signed by him.
2
The decision of a Commissioner on an appeal shall be in writing and signed by him and, unless it was a decision made with the consent of the parties or an order setting aside a tribunal’s decision under section 14(7) of the 1998 Act, he shall include the reasons.
3
The office shall send a copy of the determination or decision and any reasons to each party.
4
Without prejudice to paragraphs (2) and (3), a Commissioner may announce his determination or decision at the end of a hearing.
Correction of accidental errors in decisions
24
1
Subject to regulations 4 and 26, the Commissioner who gave the decision may at any time correct accidental errors in any decision or record of a decision.
2
A correction made to, or to the record of, a decision shall become part of the decision or record, and the office shall send a written notice of the correction to any party to whom notice of the decision has been sent.
Setting aside decisions on certain grounds
25
1
Subject to regulations 4 and 26, on an application made by any party, the Commissioner who gave the decision in proceedings may set it aside where it appears just to do so on the ground that —
a
a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or his representative or was not received at an appropriate time by the Commissioner; or
b
a party or his representative was not present at a hearing before the Commissioner.
2
An application under this regulation shall be made in writing to a Commissioner within one month from the date on which the office gave written notice of the decision to the party making the application.
3
Unless the Commissioner considers that it is unnecessary for the proper determination of an application made under paragraph (1), the office shall send a copy of it to each respondent, who shall be given a reasonable opportunity to make representations on it.
4
The office shall send each party written notice of a determination of an application to set aside a decision and the reasons for it.
Provisions common to regulations 24 and 25
26
1
In regulations 24 and 25, the word “decision” shall include determinations of applications for leave to appeal, orders setting aside tribunal decisions under section 14(7) of the 1998 Act and decisions on appeals.
2
There shall be no appeal against a correction or a refusal to correct under regulation 24 or a determination given under regulation 25.
PART 5
APPLICATIONS FOR LEAVE TO APPEAL TO THE APPELLATE COURT
Application to a Commissioner for leave to appeal to the Appellate Court
27
1
Subject to paragraph (2), an application to a Commissioner under section 15 of the 1998 Act for leave to appeal against a decision of a Commissioner shall be made in writing, stating the grounds of the application, within three months from the date on which the applicant was sent written notice of the decision.
2
Subject to a direction by a Commissioner, in calculating any time for applying for leave to appeal under paragraph (1), there shall be disregarded any day before the day —
a
on which notice was sent of a correction of a decision or the record of it under regulation 24; or
b
on which notice was sent of a determination that a decision shall not be set aside under regulation 25.
3
A person who under regulation 18 of the Tax Credits (Claims and Notifications) Regulations 2002 may act for another in making a claim for a tax credit is authorised for the purposes of section 15 of the 1998 Act to apply for leave to appeal against the decision of a Commissioner.
4
Regulations 21(1) and 21(3) shall apply to an application to a Commissioner for leave to appeal from a Commissioner’s decision as they apply to the proceedings in that regulation.
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary
Lord Chancellor’s Department
18th December 2002


text:
1
1
This Order may be cited as the Functions of Traffic Wardens (Amendment) Order 2002 and shall come into force on 2nd December 2002.
2
This Order shall not extend to Scotland.
3
In this Order, “the 1970 Order ” means the Functions of Traffic Wardens Order 1970 .
2
In article 3(2) of the 1970 Order, after sub-paragraph (g), insert —
h
section 67(3) of the Road Traffic Act 1988 (power to stop vehicles for testing);
i
section 163 of the Road Traffic Act 1988 (power to stop vehicles).
.
3
1
The Schedule to the 1970 Order shall be amended as follows.
2
After paragraph 5, insert —
5A
Traffic wardens may be employed to stop vehicles for the purposes of a test under subsection (1) of section 67 of the Road Traffic Act 1988 (testing of conditions of vehicles on roads).
5B
Traffic wardens may be employed to escort vehicles or trailers carrying loads of exceptional dimensions the use of which is authorised by an order made by the Secretary of State under section 44(1)(d) of the Road Traffic Act 1988.
.
3
Paragraph 6(2) shall be omitted.
John Denham
Minister of State
Home Office
29th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wolverhampton City Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the Wolverhampton City Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Wolverhampton City Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
21st March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Road Vehicles (Testing) (Disclosure of Information) (Great Britain) Regulations 2002 and shall come into force on 15th October 2002.
2
These regulations do not extend to Northern Ireland.
Disclosure of testing information to member state competent authorities
2
The Secretary of State may give information about vehicles or persons obtained from tests and inspections carried out under section 67 or 68 of the Road Traffic Act 1988 or under section 1 of the Road Traffic (Foreign Vehicles) Act 1972 to the competent authorities in other member States, and in Northern Ireland and Gibraltar, in compliance with Directive 2000/30/ EC of the European Parliament and of the Council, on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community .
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
23rd September 2002


text:
Citation and commencement
1
1
This Order may be cited as the Maidstone and Malling Primary Care Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ Principal Order ” means the Maidstone and Malling Primary Care Trust (Establishment) Order 2001 ;
“ the trust ” means the Primary Care Trust established by the Principal Order.
Change of name of Primary Care trust and transitional provisions
2
1
The trust shall be called the Maidstone Weald Primary Care Trust instead of the Maidstone and Malling Primary Care Trust, and accordingly in article 1 of the Principal Order in the definition of “the trust”, and in article 2 of the Principal Order, for “Maidstone and Malling” there shall be substituted “Maidstone Weald”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of Schedule to the Principal Order
3
For the Schedule to the Principal Order, there is substituted the following Schedule —
SCHEDULE
AREA OF TRUST
Article 3
In the borough of Maidstone Borough Council
the electoral wards of Allington, Barming, Bearsted, Boughton Monchelsea, Boxley, Bridge, Coxheath, Detling, East, Farleigh, Harrietsham and Lenham, Headcorn, Heath, High Street, Hollingbourne, Langley, Leeds, Loose, Marden, North, Park Wood, Shepway East, Shepway West, South, Staplehurst, Sutton Valence, Thurnham, Yalding.
In the borough of Tonbridge and Malling Borough Council
Aylesford, Birling, Leybourne and Ryarsh, Burham, Eccles and Wouldham, Ditton, East Malling, East Peckham, Larkfield North, Larkfield South, Oast, Snodland East, Snodland West, Wateringbury, West Malling, West Peckham and Mereworth.
In the borough of Tunbridge Wells Borough Council
Benenden, Brenchley, Capel, Cranbrook, Frittenden and Sissinghurst, Goudhurst, Hawkhurst, Horsmonden, Lamberhurst, Paddock Wood, Pembury, Sandhurst
.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2002 and shall come into force on the 21st March 2002.
2
These Regulations extend to England only.
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997
2
1
Schedule 2 (recovery and recycling obligations) to the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 is amended as follows.
2
In paragraph 4 for “and (c); for any subsequent year, 56%;” substitute
c
for the year 2001, 56%; and (d) for any subsequent year, 59%.
.
3
In paragraph 5 for “and (c); for any subsequent year, 18%;”, substitute
c
for the year 2001, 18%; and (d) for any subsequent year, 19%.
.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
18th March 2002


text:
1
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 2002.
2
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act1957 shall continue in force for a period of twelve months beginning on the day immediately following 31st August 2002 (which is the date on which those Acts would otherwise expire).
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2002 and shall come into force on 1st March 2002.
Amendment of Schedule 7B
2
1
Schedule 7B to the Road Vehicles (Construction and Use) Regulations shall be amended as follows.
2
In sub-paragraph 2(a), for “0.3%” there shall be substituted “the relevant percentage”.
3
In paragraph 3, the words “paragraph 1 of” shall be inserted after the words “For the purposes of”.
4
After paragraph 3 there shall be inserted the following paragraph —
3A
For the purposes of paragraph 2(a) of this Part of this Schedule the relevant percentage, in respect of a vehicle, is, when the engine is running without load at a fast idling speed —
a
if the vehicle is of a description specified in the Annex to the emissions publication, the percentage shown against that description of vehicle in column 3(a) of that Annex; or
b
if the vehicle is not of such a description, 0.3%.
Signed by authority of the Secretary of State For Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
1st February 2002


text:
1
These Rules may be cited as the Transport and Works (Applications and Objections Procedure) (England and Wales) (Amendment) Rules 2002 and shall come into force on 22nd August 2002.
2
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 are amended as follows.
3
In Schedule 7, Part I —
a
in paragraph 3(A), in column (2) the words “or an inland waterway — ” shall be deleted and “, an inland waterway or a wind farm — ” shall be inserted;
b
at the end of paragraph 3, in column (2) shall be inserted —
C
Where the works to be constructed would form part of a wind farm —
for a wind farm comprising up to 30 wind turbines, £20,000; and
for a wind farm comprising 31 or more wind turbines, £20,000 for the first 30 wind turbines plus £500 for each additional wind turbine.
.
4
In Schedule 7, Part II, after the definition of “proposal” shall be inserted —
“wind farm” means an electricity generating station driven by wind; and
“wind turbine” means a turbine driven by wind;
.
Signed by the authority of the First Secretary of State
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
24th July 2002


text:
Citation and extent
1
1
This Order may be cited as the Protection of Children Act 1999 (Commencement No. 3) Order 2002.
2
This Order extends to England and Wales.
Appointed day
2
12th March 2002 is the day appointed for the coming into force of section 8 (searches of both lists under Part V of Police Act 1997) of the Protection of Children Act 1999.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
11th March 2002