text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Carriage of Dangerous Goods by Rail Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, unless the context otherwise requires —
“the 1983 Regulations ” means the Classification and Labelling of Explosives Regulations 1983 ;
“the 1991 Regulations ” means the Packaging of Explosives for Carriage Regulations 1991 ;
“the 1994 Regulations ” means the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 ;
“ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30 September 1957 , as revised or re-issued from time to time;
“the approved carriage list” means the list described in regulation 4(1)(a) of the 1994 Regulations as revised in accordance with regulation 4(2) of those Regulations;
“carriage” means carriage by rail and shall be construed in accordance with regulation 2(4), and related words shall be construed accordingly;
“carriage by rail” means carriage on a railway;
“Compatibility Group” and “Compatibility Group letter” have the meanings assigned to them by regulation 2(1) of the 1983 Regulations;
“competent person” means a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate, and any reference in these Regulations to a competent person performing a function includes a reference to his performing it through his employees or through an agent;
“computer” means a; computer system including its software;
“consignor” means any person who consigns dangerous goods and shall be regarded as —
the person who, having a place of business in Great Britain, consigns (whether as principal or agent for another) those dangerous goods for carriage; or
if no person satisfies the requirements of sub-paragraph (a) above, the consignee of those dangerous goods insofar as that person has control over the carriage of those goods in Great Britain;
“consignee” means a person to whom dangerous goods are consigned by rail;
“dangerous goods” means any —
explosives;
radioactive material;
goods named individually in the approved carriage list (other than when so diluted or treated that they no longer have the hazardous properties of those goods); or
any other goods which have one or more of the hazardous properties;
“Division” and “Division number” have the meanings assigned to them by regulation 2(1) of the 1983 Regulations;
“explosives” means explosive articles or explosive substances which —
have been assigned on classification in accordance with the 1983 Regulations to Class 1; or
are unclassified;
“explosive article” means an article containing one or more explosive substances;
“explosive substance” means —
a solid or liquid substance; or
a mixture of solid or liquid substances or both,
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
“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 ;
“freight container” means an article of transport equipment which is —
of a permanent character and accordingly strong enough for repeated use;
designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading;
designed to be secured or readily handled or both, having corner fittings for these purposes;
of a size such that the area enclosed by the outer bottom corners is either —
if the container is fitted with top corner fittings, at least 7 square metres, or
in any other case, at least 14 square metres,
and includes a container when carried on a chassis and a swap body but does not include a vehicle, packaging, or any article of transport equipment designed solely for use in air transport;
“gunpowder” and “smokeless powder” have the meanings assigned to them by regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989 ;
“harbour area” has the meaning assigned to it by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
“hazardous properties” has the meaning assigned to it by regulation 2(1) of the 1994 Regulations;
“infrastructure controller” has the meaning assigned to it by regulation 2(1) of the Railways (Safety Case) Regulations 1994 ;
“intermediate bulk container” means a rigid, semi-rigid or flexible portable packaging which has a capacity of 3 cubic metres or less, and which is designed for mechanical handling;
“military explosive” has the meaning assigned to it by regulation 2(1) of the 1983 Regulations;
“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954 ;
“motor vehicle” has the meaning assigned to it in the Table contained in regulation 3(2) of the Road vehicles (Construction and Use) Regulations 1986 ;
“package” means the package in which dangerous goods are carried and which is liable to be individually handled during the course of the carriage, and includes —
the receptacle containing the goods and any other packagings associated with it; and
the dangerous goods being carried,
but does not include —
a freight container (other than one which is also a tank container with a capacity of 3 cubic metres or less);
a tank container with a capacity of more than 3 cubic metres; or
a skip, a vehicle or other article of transport equipment;
“packagings” means the receptacle containing dangerous goods and any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function;
“radioactive material” has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991 ;
“railway” means a system of 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 harbour area, factory, mine or quarry;
“railway facility” has the meaning assigned to it by section 83(1) of the Railways Act 1993;
“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;
“ RID ” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail ; as revised or re-issued from time to time (“ COTIF ”);
“swap body” means a freight container which is specially designed for carriage by rail and road only and is without stacking capability and top lift facilities;
“tank” means a tank which is —
used for the carriage of a liquid, gaseous, powdery or granular material or a sludge; and
so constructed that it can be securely closed (except for the purpose of relieving excess pressure) during the course of carriage;
“tank container” means a tank, whether or not divided into separate compartments, having a total capacity of more than 450 litres, (other than an intermediate bulk container or the carrying tank of a road tanker or tank wagon) and includes a tube container and a tank swap body;
“tank swap body” means a tank which is specially designed for carriage by rail and road only and is without stacking capability;
“tank wagon” comprises a superstructure, consisting of one or more tanks (including the openings and their closures) and their items of equipment, and an underframe fitted with its own items of equipment (including 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”, in relation to any train, means any person who has the management of that train for the time being, and related expressions shall be construed accordingly;
“tube container” means a group of gas cylinders connected together with a total capacity of more than 450 litres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;
“ UN number” has the meaning assigned to it by regulation 2(1) of the 1994 Regulations;
“wagon” means a railway vehicle (other than a tank wagon) used for the carriage of goods.
3
For the purposes of these Regulations —
a
the operator of a freight container, tank container, tank wagon or wagon shall be either —
i
the owner of the freight container, tank container, tank wagon or wagon if that person has a place of business in Great Britain, or
ii
if no person satisfies the requirements set out in head (i) of this sub-paragraph, the agent of the owner of the freight container, tank container, tank wagon or wagon if that agent has a place of business in Great Britain, or
iii
if no person falls within heads (i) or (ii) of this sub-paragraph, the operator of the train on which the freight container or tank container is carried or of which the tank wagon or wagon forms part; and
b
the members of the crew of a train shall include the driver, driver’s assistant, guard and any other person on board who has responsibilities in connection with the carriage of dangerous goods on that train, and related expressions shall be construed accordingly;
4
For the purposes of paragraph (3), a person to whom a freight container, tank container, tank wagon or wagon is leased or hired shall be deemed to be the owner thereof unless the lessor or, as the case may be, the hirer has made a written agreement with the person to whom he has leased or hired the freight container, tank container, tank wagon or wagon to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under these Regulations.
5
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
6
Any reference in these Regulations to a document as revised or re-issued from time to time shall, for a period of 6 months after any such revision or re-issue, be a reference to either the document as it was immediately before that revision or re-issue took effect or the document as revised or re-issued.
Application
2
1
Subject to paragraphs (2) and (3), these Regulations shall apply to and in relation to the carriage of any dangerous goods in a freight container, package, tank container, tank wagon, or wagon, except where —
a
the dangerous goods (other than any liquid nitrogen in the jacket of a tank container or tank wagon which is being carried exclusively for the purpose of insulating any liquid helium or liquid hydrogen) are being carried in a locomotive, freight container, tank container, tank wagon or wagon solely for use in connection with the operation of the locomotive, freight container, tank container, tank wagon or wagon concerned;
b
the dangerous goods being carried is fuel in the fuel tanks of motor vehicles carried on a train;
c
the dangerous goods being carried is commercial butane, commercial propane, or any mixture thereof, in a cylinder either —
i
in a vehicle designed for a purpose which includes the use of such goods and the goods concerned are being carried in connection with the operation of the vehicle concerned, or
ii
as part of the equipment carried on the vehicle concerned,
provided that the number of cylinders carried thus (including any spare cylinders) does not exceed two;
d
the dangerous goods being carried is petroleum spirit which is intended for use as fuel in any internal combustion engine and is not wholly or partly for sale, in a receptacle which conforms with the requirements of —
i
the Petroleum-spirit (Motor Vehicles, & c.) Regulations 1929 , or
ii
regulations 3 to 7 of the Petroleum-Spirit (Plastic Containers) Regulations 1982 ;
e
the dangerous goods being carried is pesticide (other than sulphuric acid or wood preservative) and is diluted ready for use or is otherwise in a condition ready for use and in relation to which there has been given an approval under regulation 5, and a consent under regulation 6, of the Control of Pesticides Regulations 1986 ; and in this sub-paragraph “pesticide” has the same meaning as in section 16(15) of the Food and Environment Protection Act 1985 and “wood preservative” means a pesticide used for preserving wood;
f
the dangerous goods are being carried solely for use in connection with the provision of train catering facilities; or
g
the carriage concerned commences and terminates within the same harbour area, factory, mine or quarry.
2
Regulation 17 shall not apply to the carriage of dangerous goods where —
a
the dangerous goods are being carried for or in connection with the carriage of those goods by sea and the goods are labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organization , as revised or re-issued from time to time;
b
the carriage concerned is part of an international transport operation within the meaning of ADR and conforms with the provisions of Annex A or Annex B (or both) to that agreement; or
c
the carriage concerned is part of an international transport operation which is subject to any special bilateral or multilateral 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 such an agreement.
3
Regulations 3 to 6, 8 to 11, 13 to 17, and 21 to 23 shall not apply to the carriage of dangerous goods where —
a
the carriage concerned is part of an international transport operation within the meaning of COTIF and conforms in every respect with the provisions of RID; or
b
the carriage concerned is part of an international transport operation which is subject to any special bilateral or multilateral agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to such an agreement.
4
For the purposes of paragraph (1), a freight container, package, tank container, tank wagon or wagon shall be deemed to be engaged in the carriage of dangerous goods throughout the period commencing —
a
in the case who the relevant freight container, package, tank container, tank wagon or wagon has been loaded with the dangerous goods concerned before being brought to railway, from the time when the freight container, package, tank container tank wagon or wagon is brought onto the railway for the purpose of carrying thou goods; or
b
in the case where the relevant freight container, package, tank container, tank wagon or wagon has been brought onto the railway before the commencement of loading, from the commencement of loading the freight container, package, tank container, tank wagon or wagon with the dangerous goods concerned for the purpose of carrying them,
until the time when either —
c
the freight container, package, tank container, tank wagon or wagon is removed from the railway; or
d
the freight container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been emptied, cleaned, purged or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a risk to the health or safety of any person.
Construction of freight containers, tank containers, tank wagons and wagons.
3
No train operator or operator of any freight container, tank container, tank wagon or wagon shall cause or permit to be carried any dangerous goods in such freight container, tank container, tank wagon or wagon unless —
a
it is properly designed, of adequate strength and of good construction from sound and suitable materials;
b
it is suitable for the purpose for which it is to be used, having regard to —
i
the nature and circumstances of the journey to be undertaken, and
ii
the hazardous properties and quantity of both the dangerous goods and any other substance being carried;
c
it is designed, constructed and maintained so as to prevent any of the contents escaping (except that this requirement shall not prevent the fitting of a suitable safety device); and
d
insofar as it is likely to come into contact with the dangerous goods, it is made of materials which are liable neither to be adversely affected by the goods nor, in conjunction with them, to form any substance which creates a hazard to the health or safety of any person.
Testing, examination and maintenance of tank containers and tank wagons
4
1
No train operator or operator of any tank container or tank wagon shall cause or permit to be carried any dangerous goods in such tank container or tank wagon unless —
a
for the purpose of ensuring that it is properly maintained, there has been prepared and there is carried into effect (in each case by or on behalf of the operator of the tank container or tank wagon concerned) a suitable written scheme for —
i
the initial and periodic examination, and
ii
the initial and, where appropriate, periodic testing,
of that tank container or tank wagon by a competent person;
b
prior to being used for the first time for the carriage of dangerous goods, a competent person acting on behalf of the operator of the tank container or tank wagon concerned has issued a certificate stating that the said tank container or tank wagon is suitable for the purposes specified therein;
c
there is in the possession of the operator of the tank container or tank wagon concerned a current report signed by the competent person who carried out the most recent examination and test in accordance with this paragraph, stating —
i
the date or dates on which the said examination and test were carried out and the results thereof,
ii
the date before which any further examination and, where appropriate, test must be carried out, the interval to that date being that specified in the written scheme referred to in sub-paragraph (a) of this paragraph or such longer interval as the competent person may specify, and
iii
that the tank container or tank wagon concerned remains suitable for the purposes specified in the certificate for that tank container or tank wagon issued under sub-paragraph (b) of this paragraph or, if it is no longer suitable for any of those purposes, the purposes for which it is suitable.
2
Subject to paragraph (3), no train operator or operator of any tank container or tank wagon shall cause or permit to be carried any dangerous goods in such tank container or tank wagon if the tank container or tank wagon concerned or any fittings attached thereto are in a state of disrepair or have been modified or repaired in such a way as might affect their safety since the report referred to in paragraph (1)(c) was issued.
3
A train operator may carry dangerous goods in a tank container or tank wagon which is in a state of disrepair for the sole purpose of transporting such tank container or tank wagon to a place for repair, provided it is safe to do so.
4
It shall be sufficient compliance with paragraph (1)(c) if —
a
the competent person referred to in that sub-paragraph first enters his report in a computer under the control of the operator of the tank container or tank wagon concerned and then duly authenticates it; or
b
in the case where the competent person does not enter it in a computer under the control of the operator of the tank container or tank wagon concerned, the report is transferred to such a computer by or on the instructions of the competent person as soon as is practicable after he first enters it in a computer and duly authenticates it.
5
The relevant procedure referred to in paragraph (4) may only be used if the report —
a
is capable of being reproduced in written form;
b
is secure from unauthorised interference; and
c
can be authenticated only by the competent person.
6
Where, since the report referred to in paragraph (1)(c) was issued, a tank container or tank wagon or any fittings attached thereto have fallen into a state of disrepair, or have been modified or repaired in such a way as might affect the safety of the tank container or tank wagon concerned, the provisions of paragraph (1) shall apply in respect of any such tank container or tank wagon as if it had not previously been used for the carriage of dangerous goods.
Certification of testing, examination and maintenance of tank containers and tank wagons
5
No operator of any tank container or tank wagon shall cause or permit to be carried any dangerous goods in such tank container or tank wagon unless he certifies to the operator of the train on which that tank container is to be carried or of which that tank wagon is to form part that he has complied with regulation 4 in respect of the said tank container or tank wagon.
Keeping of documents
6
1
The operator of any tank container or tank wagon shall ensure that all the documents referred to in regulation 4 are kept throughout the period that they remain valid at the address within Great Britain from which the deployment of the tank container or tank wagon concerned is controlled.
2
It shall be sufficient compliance with paragraph (1) in circumstances where (by virtue of the fact that he does not have a place of business in Great Britain) the operator of the tank container or tank wagon is not its owner, if —
a
photocopies of the documents concerned are kept at the operator’s place of business; or
b
the documents concerned are readily available from the owner of the tank container or tank wagon.
Information relating to dangerous goods to be received by operators
7
1
The consignor of any dangerous goods intended for carriage in a freight container, tank container, tank wagon or wagon shall ensure that the operator of the freight container, tank container, tank wagon or wagon concerned receives the information referred to in paragraph (2).
2
The information referred to in paragraph (1) is as follows —
a
a description of the dangerous goods which shall include information relating to those goods contained in the approved carriage list comprising the proper shipping name, the code for the classification for carriage, the UN number, and the emergency action code, if any;
b
the name and address of the person in Great Britain from whom other information concerning the dangerous goods may be obtained;
c
the name and address of the consignor;
d
the name and address of the consignee;
e
the quantity of the dangerous goods;
f
in the case of all explosives, the Compatibility Group and Division of each type of explosives carried; and
g
in the case of explosives within a Compatibility Group whose Compatibility Group letter is C, D or G, whether the explosives are explosive articles or explosive substances.
3
Any operator who has received information in accordance with paragraph (1) shall ensure that it is received by each train operator who is to carry the dangerous goods concerned.
4
The consignor of any dangerous goods intended for carriage other than in a freight container, tank container, tank wagon or wagon shall ensure that each train operator who is to carry the dangerous goods concerned receives the information referred to in paragraph (2).
5
Any train operator who has received information in accordance with paragraph (3) or (4) shall ensure that it is received by each infrastructure controller on whose tracks the dangerous goods concerned are to be carried.
Classification, packaging and labelling of dangerous goods
8
No train operator shall cause or permit to be carried any dangerous goods (other than radioactive material) —
a
to which the 1983 Regulations apply, unless they have been classified and labelled in accordance with those Regulations;
b
to which the 1991 Regulations apply, unless they have been packaged in accordance with those Regulations;
c
to which the 1994 Regulations apply, unless they have been classified, packaged and labelled in accordance with those Regulations.
Prohibition against overfilling tank containers and tank wagons
9
The consignor of any dangerous goods intended for carriage in a tank container or tank wagon and the operator of the tank container or tank wagon concerned shall ensure that no tank or compartment in the tank container or tank wagon concerned is filled beyond its safe level with any dangerous goods.
Openings, valves and caps to be securely closed before commencement of journey
10
1
Subject to paragraph (2), the consignor of any dangerous goods intended for carriage in a tank container or tank wagon and the operator of the tank container or tank wagon concerned shall ensure that —
a
all openings in the tank (container or tank wagon concerned; and
b
in the case where any discharge or filling opening in that tank container or tank wagon is fitted with more than one valve or is fitted with a cap, all such valves and that cap,
are securely closed before any journey on the railway is commenced.
2
Nothing in paragraph (1) shall be taken as permitting the proper functioning of any safety device to be compromised.
Segregation of dangerous goods
11
No train operator shall cause or permit to be carried any dangerous goods unless they are adequately segregated from any other dangerous goods carried with them in such a way as to prevent the creation of a greater hazard then each of the consignments of dangerous goods is liable to create separately.
Safe carriage and security
12
Every person engaged in the carriage of dangerous goods shall take all reasonable steps to ensure that —
a
nothing is done during that carriage to create a hazard to the health or safety of any person; and
b
unauthorised access to the dangerous goods concerned is prevented.
Prevention of fire, explosion and leakage
13
Every person inspecting, maintaining, repairing or otherwise dealing with a freight container, package, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods shall take all necessary precautions to prevent fire or explosion and to prevent the dangerous goods concerned from leaking.
Loading
14
The operator of any freight container, tank container, tank wagon or wagon which is to be loaded with dangerous goods shall take all necessary precautions to ensure that those dangerous goods will not, in conjunction with any product remaining in the freight container, tank container, tank wagon or wagon concerned, significantly increase the existing risk to the health or safety of any person which arises out of the presence of that remaining product.
Packages
15
No train operator shall cause or permit to be carried any package containing dangerous goods unless, having regard to the dangerous goods concerned, such package is suitable and has been adequately maintained.
Marshalling and formation of trains
16
Every train operator shall ensure that, during the marshalling or formation of any train provided by him which is to be used for the carriage of dangerous goods, all necessary precautions to prevent the creation of hazards to the health or safety of any person are taken.
Labelling and marking of freight containers, tank containers, tank wagons and wagons
17
1
No operator of any freight container, tank container, tank wagon or wagon shall cause or permit to be carried in such freight container, tank container, tank wagon or wagon any dangerous goods unless the requirements of regulations 16, 17, 18 and 20 of the General Regulations set out in the List of Dangerous Goods and Conditions of Acceptance by Rail on Freight Services and Parcels Services published by the British Railways Board on 1st January 1990 and amended on 1st January 1994 have been complied with in respect of the freight container, tank container, tank wagon or wagon concerned.
2
The operator of any freight container, tank container, tank wagon or wagon shall ensure that any labels required to be displayed on the freight container, tank container, tank wagon or wagon concerned in accordance with paragraph (1) are —
a
kept clean and free from obstruction whilst the said freight container, tank container, tank wagon or wagon is being used for the carriage of dangerous goods; and
b
removed or covered when the said freight container, tank container, tank wagon or wagon has been emptied, cleaned, purged or decontaminated provided that if any dangerous goods or their vapours remain they are not sufficient to create a risk to the health of safety of any person.
Information, instruction and dining for train crews and other persons connected with the carriage of dangerous goods
18
1
The operator of any train carrying dangerous goods shall ensure, where appropriate, that those members of the crew of that train who have responsibilities in connection with the carriage of the dangerous goods concerned have received adequate information, instruction and training to enable them to understand —
a
the nature of the dangers to which the goods being carried may give rise and the action they should take in an emergency concerning them; and
b
their duties under these Regulations and sections 7 and 8 of the Health and Safety at Work etc.Act 1974.
2
Each train operator shall keep a record of any training received by members of a train crew pursuant to paragraph (1) whilst in his employment and shall make available a copy of that record to the crew members concerned.
3
The infrastructure controller shall ensure, where appropriate, that those of his employees who have responsibilities in connection with the carriage of dangerous goods on his tracks have received adequate information, instruction and training to enable them to understand —
a
the nature of the dangers to which the goods being carried may give rise and the action they should take in an emergency concerning them; and
b
their duties under these Regulations and sections 7 and 8 of the Health and Safety at Work etc.Act 1974.
4
Each infrastructure controller shall keep a record of any training received by employees pursuant to paragraph (3), and shall make available a copy of that record to the employees concerned.
Restrictions on the carriage of explosives
19
1
No person shall cause or permit to be carried unclassified explosives.
2
No train operator shall cause or permit to be carried any explosives within a Compatibility Group whose Compatibility Group letter is K.
3
No person shall cause or permit to be carried in any freight container or wagon explosives with a net mass exceeding 20 tonnes unless such explosives are within a Division whose Division number is 1.4.
4
No person shall carry explosives in a train which carries passengers except in accordance with the conditions specified in paragraph (5).
5
The conditions referred to in paragraph (4) are —
a
the only explosives carried by the person concerned —
i
are gunpowder or smokeless powder or any mixture thereof, or
ii
are within a Compatibility Group whose Compatibility Group letter is S;
b
the net mass of explosives carried by the person concerned does not exceed 2 kilograms;
c
subject to paragraph (6), the explosives are kept with the person concerned and are kept property packed;
d
all reasonable precautions are taken by the person concerned to prevent accidents arising from the explosives being carried; and
e
subject to paragraph (6), the person concerned has obtained the approval of the train operator.
6
Nothing in sub-paragraphs (c) and (e) of paragraph (5) shall apply to the carriage of railway fog signals.
7
For the purposes of this regulation, where explosives are being carried by a passenger the members of the crew of the train on which they are being carried shall not be treated as carrying them as well.
8
No person shall cause or permit to be carried any explosives in an open freight container or wagon, unless by reason of their packaged weight or dimension, it is not possible to carry the explosives concerned in a covered freight container or wagon.
9
Any person who causes or permits to be carried any explosives in an open freight container or wagon in accordance with paragraph (8) shall ensure that such explosives are completely covered by sheeting and that the sheeting is securely fixed to the open freight container or wagon concerned except where it would not be reasonably practicable to cover the explosives with such sheeting and it would not be necessary for their protection.
10
Any person engaged in the carriage of explosives shall take all reasonable steps to prevent unauthorised access to or theft of those explosives.
11
The consignor of any explosives for carriage in a covered freight container or wagon and the operator of that freight container or wagon shall ensure that it is sealed to prevent unauthorised access.
12
The train operator shall ensure that the security of any freight container or wagon carrying explosives is maintained whenever the train is stationary.
13
The train operator and the consignee of explosives shall ensure —
a
that the carriage of the explosives is completed within a reasonable length of time having regard to the distance involved; and
b
that the explosives are removed from the railway facility to which they have been carried as soon as is practicable after their arrival there.
14
Subject to paragraph (15), no consignor, train operator or operator of a freight container or wagon shall cause or permit to be carried explosives within different Compatibility Groups (other than those within a Division whose Division number is 1.4) in the same freight container or wagon unless effective measures are taken to ensure that the carriage of such a mixed load is no more dangerous than the carriage of the same quantity of explosives within any one of the Compatibility Groups in the load would be.
15
Nothing in paragraph (14) shall apply to the carriage of explosives within different Compatibility Groups mixed in accordance with the Schedule to these Regulations.
16
In this regulation —
“unclassified” shall be construed by reference to the definition of “classified” in regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989;
“net mass” has the same meaning as in regulation 2(1) of the 1991 Regulations;
“railway fog signal” means a railway track signals explosive within a Division whose Division number is 1.4, within a Compatibility Group whose Compatibility Group Letter is S and with UN number 0193.
Emergency arrangements
20
The operator of any train, each facility owner and each infrastructure controller shall draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving dangerous goods —
a
being carried by that train;
b
present at the relevant railway facility; or
c
present on the relevant railway track.
Provisions relating exclusively to the safe carriage of radioactive material
21
1
No train operator shall cause or permit to be carried any radioactive material unless the General Requirements, Class 7 of the Special Requirements and Appendix VII of RID have been complied with in relation to that material.
2
In any proceedings for an offence consisting of a contravention of paragraph (1) it shall, subject to paragraphs (3) and (4), be a defence for the train operator to prove —
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
3
The train operator charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (2) unless, within a period ending seven clear days before the hearing, 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.
4
For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the Health and Safety at Work etc.Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
5
For the purposes of this regulation, any reference to the competent authority in the General Requirements, Class 7 of the Special Requirements or Appendix VII of RID shall be construed as a reference to the Secretary of State.
Defence in criminal proceedings for contravening these Regulations
22
In any proceedings for an offence consisting of a contravention of these Regulations, except regulation 21, it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Exemption certificates
23
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person from any requirement or prohibition imposed upon him by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the Executive at any time by a further certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
any conditions which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that neither the health or safety of persons who are likely to be affected by the exemption nor the security of dangerous goods will be prejudiced in consequence of it.
3
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any person from and requirement or prohibition imposed upon him by these Regulations insofar as that person is engaged in the carriage of any military explosive and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State at any time by a further certificate in writing.
Signed by the Authority of the Secretary of State for Transport.
Roger Freeman
Minister of State,
Department of Transport
9th March 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment No.2) Regulations 1994 and come into force on 28th May 1994.
2
In these Regulations, “the 1992 Regulations ” means the Non-Domestic Rating Contributions (England) Regulations 1992 .
Amendment of the 1992 Regulations
2
1
The 1992 Regulations are amended by the substitution, for regulations 8, 8A, 9 and 9A, of the following —
Adjustments and repayments following a recalculation
8
1
Subject to the provisions of this and the following regulation, where regulation 7 or 7A applies as regards authority for the financial year, the Secretary of State shall —
a
make the adjustment referred to in paragraph (2) below, and
b
where the sum referred to in paragraph (3) below is greater than the sum referred to in paragraph (4) below, repay to the authority, at such time as he decides, the difference between these sums,
and where the sum referred to in paragraph (4) below is greater than the sum referred to in paragraph (3) below, the authority shall pay the amount of the difference to the Secretary of State at such time as he directs.
2
The adjustment referred to in this paragraph is an adjustment of all instalments payable by the authority under paragraph 5(5) of Schedule 8 to the Act during the course of the year, including past instalments, to reflect the total amount which would have been calculated under regulation 7 or 7A if no allowance had been made for the sum described in paragraph (5) below.
3
The sum referred to in this paragragh is the total of the amounts paid by the authority under paragraph 5(5) of Schedule 8 to the Act on relevant days preceding the adjustment day.
4
The sum referred to in this paragraph is the total of the amounts treated as payable by the authority under paragraph 5(5) of Schedule 8 to the Act on relevant days preceding the adjustment day following the adjustment referred to in paragraph (2) above.
5
The sum described in this paragraph is the total of all amounts paid by ratepayers in excess of the amounts payable by them under Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (whether the excess arose because an estimate proved to be wrong or otherwise) and in respect of which the amount repayable has not been taken into account in a previous calculation under paragraph 5(6) of Schedule 8, together with any interest on those amounts calculated in accordance with paragraph 7 of Schedule 1 to these REgulations.
6
Subject to paragraph (7) below, the amount of any instalment which the Secretary of State has directed an authority to pay under paragraph 5(5) of Schedule 8 to the Act shall, following the adjustment day, be treated as an amount which reflects the adjustment referred to in paragraph (2) above.
7
The instalment which the Secretary of State has directed the authority to pay under paragraph 5(5) of Schedule 8 to the Act which first falls to be paid on or after the adjustment day shall be treated as further reduced by the sum referred to in paragraph (5) above.
8
Where the sum referred to in paragraph (5) above is greater than the amount of the first instalment after the adjustment day, the Secretary of State shall pay the amount of the difference to the authority at such time as he decides.
9
Where regulation 7A applies, for the purposes of this regulation and regulation 9, “the adjustment day” shall be the day on which the Secretary of State informed the authority under regulation 7A(2)(c) of his belief relating to the amount calculated under regulation 7A(3).
Adjustments and repayments following a further recalculation
9
1
Where regulation 7 or 7A applies on more than one occasion as regards an authority for a financial year, regulation 8 shall apply subject to the following modifications.
2
For the purposes of regulation 8(3), the total of the amounts paid to the Secretary of State by the authority on the relevant days preceding the adjustment day shall be treated as the total of the amounts payable for that period following the adjustment made on the previous occasion on which regulation 7 or 7A applied.
3
For the purposes of regulation 8(7), the reference to the sum described in regulation 8(5) shall be construed as a reference to the total of the amounts referred to in regulation 8(5) not taken into account in a previous calculation under regulation 8(7).
.
David Curry
Minister of State
Department of the Environment
26th May 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1994 and shall come into force on 11th April 1994.
2
In these Regulations, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992;
“the up-rating order” means the Social Security Benefits Up-rating Order 1994 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
until the question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
4
Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) shall be further amended by the substitution in paragraph (3) for “£42.00” of “£43.00”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
Regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) shall be further amended by the substitution for “£2184.00” of “£2236.00”.
Revocation
6
The Social Security Benefits Up-rating Regulations 1993 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th March 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Currency Elections Regulations 1994.
2
These Regulations shall come into force on 23rd March 1995.
Definitions
2
In these Regulations, except where the context otherwise requires —
“the 1993 Act ” means the Finance Act 1993;
“accounts” in relation to a company, means —
the annual accounts of the company prepared in accordance with Part VII of the Companies Act 1985 , or
if the company is not required to prepare such accounts, the accounts which it is required to keep under the law of its home State or, if it is not so required to keep accounts, such of its accounts as most closely correspond to accounts which it would have been required to prepare if the provisions of that Part applied to the company;
“commencement day”, in relation to any company, means the first day of the company’s first accounting period beginning on or after 23rd March 1995;
“local currency” means a currency other than sterling;
“overseas branch” means a branch outside the United Kingdom;
“specified”, in relation to an election, means specified in the election;
and references to an election are references to an election under regulation 3 or 4.
Elections for trades
3
1
Subject to the following provisions of these Regulations, a company carrying on a trade may by notice given to the inspector elect to have the basic profits and losses of the trade computed and expressed for the purposes of corporation tax in a specified local currency.
2
A company may not make an election under this regulation for a trade for an accounting period if there is in force an election under regulation 4 for that accounting period and any part of that trade.
Elections for part trades
4
1
Subject to the following provisions of these Regulations, a company carrying on a trade may by notice given to the inspector elect to have the basic profits and losses of a specified part of the trade computed and expressed for the purposes of corporation tax in a specified local currency.
2
A company may make an election under this regulation —
a
for a trade which it carries on, wholly or in part, through one or more overseas branches, or
b
for a ring fence trade as respects which the condition mentioned in section 94A(2) of the 1993 Act is fulfilled,
but not in relation to any other trade (and accordingly an election under paragraph (1) of this regulation may, subject to these Regulations, be made for a part of the trade which is carried on in the United Kingdom).
3
An election under this regulation may specify different currencies for different parts of the trade but if the company makes an election for each part of the trade, at least two currencies must be specified.
4
Where a company makes more than one election for different parts of one trade, paragraph (3) above shall apply cumulatively to the elections.
5
Where a company carries on part of a trade through two or more branches situated in the same country, an election under paragraph (2)(a) above for that part of the trade must specify the same currency to be used for all those branches, and for the purposes of this paragraph the United Kingdom shall be taken to be one country.
6
In any case where a company makes an election under this regulation for one or more parts of a trade but not for all the parts of the trade, the basic profits and losses of any part of the trade for which there is no election shall be computed and expressed for the purposes of corporation tax in sterling.
7
A company may not make an election under this regulation for part of a trade for an accounting period if there is in force an election under regulation 3 for that trade and that accounting period.
Factors affecting determination of local currency
5
1
This regulation applies in relation to any election made by a company for the purpose of determining what currency (if any) may be specified in the election.
2
A currency may be specified in an election as a local currency if, but only if —
a
it is the currency of the primary economic environment in which the trade or part of the trade is carried on, and
b
one of the conditions set out in paragraphs (3), (4), (5) and (6) below is satisfied.
3
A currency may be specified in any election as a local currency if the accounts are prepared in that currency in accordance with normal accountancy practice.
4
A currency may be specified in an election made by a company resident in the United Kingdom as a local currency if the accounts, so far as they relate to the trade or part in question, are prepared from the financial statements relating to the trade or part using the closing rate/net investment method, and those statements are prepared in that currency.
The reference above to the closing rate/net investment method is a reference to that method as described under the title “Foreign currency translation” in the Statement of Standard Accounting Practice issued in April 1983 by the Institute of Chartered Accountants in England and Wales.
5
A currency may be specified in an election made by a company not resident in the United Kingdom as a local currency if it is the currency in which the financial statements relating to that trade or part are prepared in accordance with normal accountancy practice.
6
Subject to paragraph (7) below, a currency may be specified as a local currency in any election which is not for a trade or part of a trade carried on in the United Kingdom if —
a
the company making the election was within the charge to corporation tax as respects the trade or part in question immediately before its commencement day, and
b
for accounting periods ending within the two years before that day, the basic profits and losses of the trade or part were computed and expressed for corporation tax purposes in that currency.
7
An election made by virtue of paragraph (6) above shall be of no effect unless it is made before the expiry of the period of 92 days beginning with the company’s commencement day.
Factors relevant to the determination of the primary economic environment
6
In determining whether a currency is the currency of the primary economic environment in which a trade or any part of a trade is carried on, regard shall be had to all relevant circumstances including in particular (in so far as they may be relevant) the following factors, that is to say —
a
the currency in which the net cash flows of the trade or part are generated or expressed in the relevant accounting records;
b
the currency in which the company manages the profitability of the trade or part so far as it is affected by currency exposure;
c
in the case of a company which is resident in the United Kingdom, the currency in which the company’s share capital and its reserves are denominated;
d
the currency to which the company, or, where the trade or part is carried on through a branch, that branch, is exposed in its long term capital borrowing (of any kind whatsoever);
e
the currency which is the generally recognised currency in which trading in the principal market of the trade or part is carried on.
Provisions supplementary to regulations 4, 5 and 6
7
1
Where the election specifies more than one currency for parts of a trade, regulations 4, 5 and 6 shall apply separately in relation to each currency and each part of the trade.
2
In regulations 4, 5 and 6, except where the context otherwise requires —
a
any reference to accounts, in relation to an election, is a reference to the accounts of the company making the election for the accounting period for which the election is to have effect; and
b
any reference to relevant accounting records, in relation to an election, is a reference to the accounting records, relating to the trade or that part of a trade to which the election refers, for the accounting period for which the election is to have effect.
Determination of rate of exchange
8
1
A company may in an election for a trade or part of a trade state that for accounting periods for which the election has effect an average arm’s length exchange rate will be used in translating the basic profits or losses of the trade or part into sterling for the purposes of section 93(4) or 94(8) of the 1993 Act (as the case may be).
2
In paragraph (1) above —
“arm’s length exchange rate” means such exchange rate as might reasonably be expected to be agreed between persons dealing at arm’s length; and
“average arm’s length exchange rate” means the rate which represents the average of the arm’s length exchange rates for all the days in the accounting period in question.
3
Subject to paragraph (4) below, where an election contains a statement in accordance with paragraph (1) above, the average arm’s length exchange rate shall be used in translating the basic profits or losses of the trade or part into sterling for the purposes of section 93(4) or 94(8) of the 1993 Act (as the case may be) for all accounting periods for which the election has effect.
4
The company may by notice given to the inspector terminate the statement referred to above with effect from the first day of the first accounting period beginning on or after the date of the notice.
Periods for which elections have effect
9
1
Subject to the following provisions of these Regulations, an election for a trade or part of a trade shall have effect as respects that trade or part for all accounting periods beginning on or after the date on which the election is made.
2
Subject to the following provisions of these Regulations, an election for a trade or part of a trade made by a company which, as respects that trade or part, is within the charge to corporation tax immediately before its commencement day shall have effect as respects that trade or part of all accounting periods beginning on or after that day if the election is made before the end of the period of 92 days beginning with that day.
3
Subject to the following provisions of these Regulations, an election for a trade or part of a trade made by a company which, as respects that trade or part, is not within the charge to corporation tax immediately before its commencement day shall have effect as respects that trade or part for all accounting periods beginning on or after the first day on which it comes within that charge as respects that trade or part if the election is made before the end of the period of 92 days beginning with that first day.
Information to be submitted with elections and effectiveness of elections
10
1
An election by a company for a trade or part of a trade shall include —
a
a statement of the reasons why the company believes that such of the requirements of these Regulations as are applicable to the election will be met as respects that trade or part for the first accounting period of the company for which the election is to have effect; and
b
particulars of the nature of the trade or part and the place where it is carried on.
2
An election which does not comply with paragraph (1) above and regulation 5(7) (if applicable) shall be of no effect.
3
Without prejudice to paragraphs (1) and (2) above, an election made by a company for a trade or part of a trade shall be of no effect if the requirements of regulation 5 (so far as they are applicable to the election) are not complied with as respects that trade or part for the first accounting period of the company for which the election is intended to have effect.
4
If at any time in an accounting period of the company, the currency specified in an election made by the company ceases to be eligible to be specified in an election as the local currency of the trade or part, the election shall cease to have effect at the end of that accounting period.
5
In any case where an election has ceased to have effect by virtue of paragraph (4) above, the company shall notify the inspector in writing of that fact as soon as is reasonably practicable after becoming aware of it.
6
In a case where paragraph (4) above applies the inspector may notify the company in writing that by virtue of that paragraph the election is no longer effective.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
1
This Order may be cited as the Export of Goods (Control) (Croatian and Bosnian Territories) (Revocation) Order 1994 and shall come into force on 19th October 1994.
2
The Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993 is hereby revoked.
M V Coolican
An Assistant Secretary of State,
Department of Trade and Industry
18th October 1994


text:
Title and commencement
1
These Regulations may be cited as the Quick-frozen Foodstuffs (Amendment) Regulations 1994 and shall come into force on 1st September 1994.
Amendment of the Quick-frozen Foodstuffs Regulations 1990
2
The Quick-frozen Foodstuffs Regulations 1990 shall be amended as follows —
a
after the definition of “the Act” in paragraph (1) of regulation 2 there shall be inserted the following definition-
“authorised officer” means an authorised officer of a food authority;
;
b
after the definition of “catering establishment” in paragraph (1) of regulation 2 there shall be inserted the following definition —
“monitoring”, in the context of the monitoring of air temperatures, is the action performed by an instrument for the measurement of air temperatures which instrument then records (either continuously or at frequent and regular intervals) the measurements it has made;
,
c
the word “and” immediately following the definition of “quick-frozen foodstuff” in paragraph (1) of regulation 2 shall be deleted and there shall be inserted the following definitions —
“retail display cabinet” means any cabinet from which a quick-frozen foodstuff is offered either for retail sale or for sale in the course of a Cash-and-Carry business;
“storage” includes keeping in a warehouse, and “storer” shall be construed accordingly; and
;
d
for the words “the Schedule” in regulation 3 there shall be substituted the words “Schedule 1”;
e
after regulation 6 there shall be inserted the following regulation —
Air temperature recording instruments in means of storage and transport
6A
1
Each manufacturer, storer, transporter, local distributor and retailer of any quick-frozen foodstuff shall ensure that any means of storage or transport (other than rail transport) used by him in respect of that foodstuff shall, at each stage during which such foodstuff is within his care and control, be fitted with an instrument for the measuring or monitoring of air temperature and which meets the applicable requirements laid down in Schedule 2 to these Regulations.
2
Each manufacturer, storer and transporter (the latter not including any transporter when carrying out local distribution) of any quick-frozen foodstuff shall —
a
at frequent and regular intervals record or ensure the recording of, by means of the instrument referred to in paragraph (1) above, the air temperatures to which such foodstuff is being subjected during its storage or transport,
b
date all records of air temperatures obtained further to sub-paragraph (a) above and keep such records for one year thereafter or such longer period as shall be justified according to the nature of the foodstuff in question, and
c
upon the request of an authorised officer make such records available to that or another authorised officer.
;
f
after regulation 7 there shall be inserted the following regulation —
Sampling and method of measuring temperatures
7A
Where, further to an inspection, an authorised officer has reasonable doubts that the temperatures that are being or have been maintained in respect of any quick-frozen foodstuff are not the temperatures prescribed for such foodstuff in paragraphs 1(e) and (f) (as read with paragraph 2(c)) in Schedule 1 to these Regulations, he shall further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Commission Directive 92I2/ EEC .
;
g
after the word “Schedule” in the heading to the Schedule there shall be added the number “1” and after that Schedule there shall be inserted the following Schedule —
SCHEDULE 2
REQUIREMENTS FOR INSTRUMENTS FOR MEASURING OR MONITORING AIR TEMPERATURE IN ANY MEANS OF STORAGE OR TRANSPORT OF QUICK-FROZEN FOODSTUFFS
Regulation 6A
The applicable requirements for instruments for the measuring or monitoring of air temperature that must be fitted in any means of storage or transport (other than rail transport) of any quick-frozen foodstuff are as follows —
a
in respect of any means of storage or transport other than those specified in sub-paragraphs (b), (c), (d), (e), (f) or (g) below, the instrument shall be a system suitable for the monitoring, at frequent and regular intervals, of air temperatures within such means;
b
in respect of storage in a cold chamber with a capacity of less than 10m on premises used for the retail sale of quick-frozen foodstuffs, the instrument shall be a thermometer so placed as to be easily visible;
c
in respect of storage in a retail display cabinet (other than an open retail display cabinet), the instrument shall be one or more thermometers so placed as to be easily visible;
d
in respect of storage in an open retail display cabinet, the instrument shall be one or more thermometers so placed as to be easily visible and indicating the temperature at the air return side at the level of the clearly marked maximum load line for that cabinet;
e
in respect of means of transport other than —
i
a vehicle registered outside the United Kingdom, or
ii
a means of transport when being used in the course of local distribution,
the instrument shall be a system for monitoring air temperatures that —
aa
has an accuracy of +1°C when its sensor is measuring a temperature within the range of −25°C to +30°C;
bb
has a measuring accuracy which does not change by more than ±0.5°C when it is operating in temperatures within the range of −20°C to +30°C;
cc
has a display resolution of not more than 1°C, and
dd
is robust and shockproof,
f
in respect of a vehicle registered outside the United Kingdom, the instrument shall be an instrument or instruments which has or have been approved by the competent authorities in the country in which the vehicle is registered;
g
in respect of means of transport when being used in the course of local distribution, the instrument shall be one or more thermometers so placed as to be easily visible.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th January 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
9th February 1994
John Redwood
Secretary of State for Wales
9th February 1994
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
25th January 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Ealing) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Ealing except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Ealing as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Ealing) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Ealing as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing (Right to Manage) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations —
“approved person” means a member of a panel of persons approved by the Secretary of State for the purpose of conducting initial or full feasibility studies under these Regulations, and the Secretary of State may approve a person to act in a specified area only;
“dwelling-house” has the same meaning as in section 112 of the Housing Act 1985;
“full feasibility study” means, in relation to a particular proposal for a management agreement, a study carried out by an approved person to determine —
whether it is reasonable to proceed with the agreement; and
if so, the terms on which the agreement should be entered into;
“initial feasibility study” means, in relation to a particular proposal for a management agreement, a study carried out by an approved person to determine whether it is reasonable to proceed with a full feasibility study;
“proposal notice” means a notice served by a tenant management organisation on a local housing authority which complies with regulation 2 (and, in relation to a particular proposal for a management agreement, references to a proposal notice refer to the notice containing that proposal);
“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985;
“tenant” means a person who holds a secure tenancy or other tenancy of a dwelling-house from a local housing authority.
3
For the purpose of these Regulations, two management agreements overlap when and to the extent that they contain provisions which relate to the exercise of the same management functions in relation to the same houses or land; and
“overlapping provisions” shall be construed accordingly.
4
For the purpose of the definition of “tenant management organisation”in section 27AB(8) of the Housing Act 1985, the conditions which a body must satisfy are that its constitution —
a
specifies an area as being the area of the organisation in relation to which it may serve a proposal notice;
b
provides that any tenant of a dwelling-house in relation to which the organisation could serve a proposal notice may become a member of the organisation;
c
provides that in conducting its affairs the organisation shall avoid discrimination against any person on grounds of racial origin, gender, sexuality, disability or religion; and
d
provides either that the affairs of the organisation shall be conducted by the members of the organisation at general meeting, or that they shall be conducted by a committee or board of directors elected by the members of the organisation.
5
Where a matter is referred to an arbitrator under these Regulations, the arbitrator shall be chosen by agreement between the parties to the proposed arbitration, or, in default of agreement, appointed by the Secretary of State.
6
Subject to paragraph (7), where any person is required or permitted to exercise any function under these Regulations within a specified period, the tenant management organisation and local housing authority concerned may by agreement in writing before the expiry of that period extend the period for a further specified period.
7
Paragraph (6) shall not apply to the period specified in paragraph (16) of regulation 4.
8
Any ballot held under these Regulations shall be organised so that the vote cast by any individual is kept secret.
Proposal notice
2
1
Subject to paragraphs (2) and (4), a notice served by a tenant management organisation on a local housing authority complies with this regulation if it contains a proposal that the local housing authority should enter into a management agreement with the tenant management organisation in relation to such of the authority’s houses, including not less than 25 dwelling-houses which at the time the notice is served are let under tenancies, and such other land held by the authority for a related purpose as are identified in the notice and —
a
none of those houses or that land is outside the area of the tenant management organisation which has served the notice (as specified in the constitution of that organisation in accordance with regulation 1(4)); and
b
none of those houses or that land is identified in any notice which complies with this regulation and which has previously been served on the authority not withdrawn; and
c
if any of those houses or that land is already included in a management agreement with a tenant management organisation, all of those houses or that land are so included, and either —
i
the tenant management organisation which has served the to that agreement; or
ii
the number of dwelling-houses to which that agreement relates is greater than 2,500.
2
A local housing authority may decline to accept a notice (a “further notice” served on them by a tenant management organisation proposing a management agreement if further notice contains a similar proposal to the proposal contained in a previous proposal notice which has been withdrawn within the two year period ending on the date on which the further notice is received, and where an authority decline to accept a further notice in accordance with this paragraph that notice shall not be treated as complying with this regulation.
3
For the purpose of paragraph (2), a further notice contains a proposal contained in a previous proposal notice if at least half it were also identified in the previous proposal notice.
4
Where paragraph (5) applies, the authority may decline to accept the notice, and where an authority decline to accept a notice in accordance with this paragraph, that notice shall not be treated as complying with this regulation.
5
This paragraph applies where a local housing authority has, within one month of receiving a notice served on them by a tenant management organisation proposing a management agreement, requested the organisation to demonstrate to the authority that —
a
before the notice was served, the organisation had used its best endeavours to secure that a copy of the notice was delivered to every dwelling-house to which the notice relates; and
b
before the notice was served, both a majority of tenants and a majority of secure tenants of the houses to which the notice relates who were at the time members of the organisation and who voted (either in a ballot or poll of all members, or on a resolution put before a properly constituted general meeting of the organisation) voted in favour of a proposal to serve the notice; and
c
at the time the notice was served, the membership of the organisation included both at least 20% of the tenants and at least 20% of the secure tenants of the houses to which the notice relates;
and the organisation has failed within one month to comply with that request in relation to one or more of the matters described in sub-paragraphs (a) to (c).
6
An authority shall not be treated as having declined to accept a notice in accordance with paragraphs (2) or (4) unless they have, within the period specified in paragraph (7), informed the tenant management organisation concerned in writing that they have not accepted the notice and of the reason for their decision not to accept the notice.
7
The period referred to in paragraph (6) is, where paragraph (5) applies, six weeks from the date on which the authority made the request under paragraph (5), and, where paragraph (5) does not apply, one month from the date on which the notice was served.
Local authority support following proposal notice
3
1
A tenant management organisation which has served a proposal notice on a local housing authority may, at any time after the service of the notice, request the authority to provide or finance the provision of such office accommodation and facilities, and such training, as the organisation reasonably requires at the time of the request for the purpose of pursuing the proposal contained in the notice.
2
A request under paragraph (1) shall be in writing and shall specify the provision which the tenant management organisation considers it reasonably requires at that time for that purpose.
3
On receipt of a request under paragraph (1), the authority shall —
a
determine the provision which they consider the organisation reasonably requires at that time for that purpose; and
b
notify the organisation of their determination within two months of receipt of the request.
4
Subject to paragraph (8), the authority shall provide support in accordance with the determination notified under paragraph (3)(b).
5
If a tenant management organisation is dissatisfied with an authority’s determination under paragraph (3) it may, within 28 days of being notified of the determination, refer the request to an arbitrator.
6
A tenant management organisation which refers a request to an arbitrator under paragraph (5) shall, at the same time, give notice of that referral to the authority.
7
Where a request is referred to an arbitrator under paragraph (5), the arbitrator shall —
a
determine the provision which he considers the organisation reasonably requires for the purpose of pursuing the proposal at the time of the request; and
b
notify the authority and the organisation of his determination within two months of the request being referred to him.
8
Where a request has been referred to an arbitrator under paragraph (5), the authority shall provide support in accordance with the determination notified under paragraph (7)(b).
9
Where a proposal notice is withdrawn any requirement on an authority to make provision under this regulation shall cease.
Procedure following proposal notice
4
1
a
If a tenant management organisation has not, within three months of serving a proposal notice, appointed an approved person to carry out an initial feasibility study and notified the Secretary of State and the authority of the appointment, the proposal notice shall be deemed to have been withdrawn.
b
The authority shall arrange for an initial feasibility study to be conducted by the approved person appointed under sub-paragraph (a).
2
The approved person appointed under paragraph (1) shall, within 9 months of his appointment, send a report of the study to the Secretary of State, the authority and the tenant management organisation, which shall include his conclusion as to whether or not it is reasonable to proceed with a full feasibility study.
3
Where the approved person concludes that it is not reasonable to proceed with a full feasibility study, the proposal notice shall be deemed to have been withdrawn.
4
Where the approved person concludes that it is reasonable to proceed with a full feasibility study, the authority shall, within one month of the approved person submitting his report to the authority under paragraph (2) —
a
give to the tenants of each house identified in the proposal notice a description prepared by the approved person of the proposal; and
b
arrange for a ballot or poll to be carried out within that period of those tenants with a view to establishing their opinion about the proposal.
5
If it appears from a ballot or poll carried out in accordance with paragraph (4)(b) that either a majority of the tenants or a majority of the secure tenants who, on that ballot or poll, express an opinion about the proposal are opposed to it, the authority shall notify the tenant management organisation accordingly, and the proposal notice shall be deemed to have been withdrawn.
6
If it does npt appear as mentioned in paragraph (5), the authority shall notify the Secretary of State and the tenant management organisation accordingly.
7
Where all of tee houses which are identified in a proposal notice are already included in a management agreement to which the tenant management organisation which has served the notice is a party, an approved person shall be deemed to have been appointed in accordance with paragraph (1)(a), and shall be deemed to have concluded that it is reasonable to proceed with a full feasibility study, and the authority shall be deemed to have complied with the requirements of sub-paragraphs (a) and (b) of paragraph (4), and with the requirements of paragraph (6).
8
a
If the tenant management organisation has not, within six months of receiving the notification mentioned in paragraph (6), or, where paragraph (7) applies, within six months of serving a proposal notice, appointed an approved person to carry out a full feasibility study and notified the Secretary of State and the authority of the appointment, the proposal notice shall be deemed to have been withdrawn.
b
The authority shall arrange for a full feasibility study to be conducted by the approved person appointed under sub-paragraph (a).
9
The approved person appointed under paragraph (8) shall, within two years of his appointment, submit a report of the full feasibility study to the Secretary of State, the authority and the tenant management organisation, which shall include his conclusion as to whether it is reasonable to proceed with the proposed management agreement and, if so, on what terms the agreement should be entered into.
10
The terms of a management agreement set out in a report submitted under paragraph (9) and the terms as modified in accordance with paragraph (14) shall be in such form as may be approved by the Secretary of State for the purpose of these Regulations.
11
Where the approved person concludes that it is not reasonable to proceed with the proposed agreement, and this conclusion is not referred to an arbitrator under regulation 5, the proposal notice shall be deemed to have been withdrawn.
12
Where the approved person concludes that it is reasonable to proceed with the proposed agreement, and neither this conclusion nor his conclusion as to the terms to be included in the agreement are referred to an arbitrator under regulation 5, the authority shall, within a period of two months beginning on the day on which the approved person submitted his report to the authority under paragraph (9) —
a
serve a notice prepared by the approved person on the tenants of each house identified in the proposal notice which —
i
summarises the terms of the proposed agreement set out in his report, and
ii
contains the address of a place within the locality of the identified houses at which a copy of that report, containing those terms, may be inspected; and
b
arrange for a ballot (using a ballot paper prepared by the approved person) to be carried out within such period of those tenants with a view to establishing their opinion about the proposal to enter into a management agreement on those terms.
13
If it does not appear from a ballot carried out in accordance with paragraph (12)(b) that both a majority of the tenants and a majority of the secure tenants are in favour of the proposal the authority shall notify the Secretary of State and the tenant management organisation and the proposal notice shall be deemed to have been withdrawn.
14
Subject to paragraph (15), if it does appear as mentioned in paragraph (13), the authority shall within one month notify the Secretary of State and the tenant management organisation, and within two months of that notification (or within one month of the registration of that organisation as mentioned in paragraph (15), if later) shall enter into a management agreement with the tenant management organisation on the terms made available for inspection pursuant to paragraph (12)(a)(ii), or on those terms subject to such modifications as may be agreed by the tenant management organisation.
15
An authority shall not enter into a management agreement under paragraph (14) unless the tenant management organisation is registered as an Industrial and Provident Society under the Industrial and Provident Societies Act 1965 or as a company under the Companies Act 1985 ; and where the organisation neither is so registered nor has applied to be so registered on the expiry of the two month period mentioned in that paragraph the proposal notice shall be deemed to have been withdrawn.
16
An authority shall, within fourteen days of entering into a management agreement under paragraph (14), submit a copy of the agreement to the Secretary of State.
Determination of disputes under regulation 4
5
1
Subject to paragraph (6), where an approved person submits a report under regulation 4(9), the local housing authority or the tenant management organisation may refer any of the conclusions set out in the report with which they disagree to an arbitrator within two months of the report being submitted to the body making the reference.
2
Where the approved person’s conclusion as to whether it is reasonable to proceed with the proposed management agreement is referred to an arbitrator, the arbitrator shall decide whether it is reasonable so to proceed and notify the Secretary of State, the local housing authority, the tenant management organisation and the approved person of his decision within two months of the matter being referred to him.
3
Where the arbitrator decides that it is not reasonable to proceed with the agreement, the proposal notice shall be deemed to have been withdrawn.
4
Where the arbitrator decides that it is reasonable to proceed with the agreement, this decision accords with the approved person’s conclusion, and the approved person’s conclusion as to the terms on which the agreement should be entered into has not been referred to the arbitrator, the local authority shall comply with paragraphs (a) and (b) of regulation 4(12) within two months of being notified of the arbitrator’s decision.
5
Where the arbitrator decides that it is reasonable to proceed with the agreement and that decision does not accord with the approved person’s conclusion, the matter shall be referred back to the approved person, who shall, within three months of the matter being referred back to him, resubmit his report under regulation 4(9), which report shall be in accordance with the decision of the arbitrator and shall include the terms on which the agreement should be entered into.
6
Where a report is resubmitted in accordance with paragraph (5), the approved person’s conclusion in the resubmitted report as to whether it is reasonable to proceed with the agreement shall not be referred to an arbitrator.
7
Where the approved person’s conclusion as to the terms on which the agreement should be entered into is referred to an arbitrator, the arbitrator shall, within two months of the matter being referred to him (or, where he has given notice under paragraph (2) of his decision that it is reasonable to proceed with the agreement, within two months of giving that notice) —
a
determine the terms on which the agreement should be entered into (which shall be in such form as may be approved by the Secretary of State for the purpose of these Regulations); and
b
notify the Secretary of State, the local housing authority, the tenant management organisation and the approved person of his determination, setting out those terms in his notification.
8
Where an authority is notified of a determination under paragraph (7) it shall comply with paragraphs (a) and (b) of regulation 4(12) within two months of being so notified; and, for the purpose of such compliance, the reference in paragraph (a) of that regulation to the terms of the agreement as set out in the approved person’s report and to that report shall be construed as a reference to the terms of the agreement as set out in the determination notified under paragraph (7) of this regulation and to that determination.
Withdrawal of proposal notice
6
1
A tenant management organisation may by notice in writing to the local housing authority withdraw a proposal notice served by it at any time.
2
Where a proposal notice is withdrawn no further action shall be taken in relation to that notice under these Regulations.
Guidance by Secretary of State
7
Any person exercising functions under these regulations shall act in accordance with any guidance given by the Secretary of State.
Management agreements with tenant management organisations and other management agreements
8
1
A management agreement (other than an agreement with a tenant management organisation) entered into by a local housing authority after the entry into force of these Regulations shall contain a provision (a “break clause”) enabling the authority to determine it to the extent that it overlaps with any subsequent management agreement entered into with a tenant management organisation.
2
A break clause contained in a management agreement in accordance with paragraph (1) shall provide that the authority may exercise the rights conferred by it at different times in relation to different overlapping provisions and that it shall determine the provisions in relation to which it is exercised within three months of it being exercised.
3
This paragraph applies where a local housing authority enter into a management agreement with a tenant management organisation in pursuance of these Regulations and —
a
at the time of entering into that agreement a previous agreement is in operation; and
b
either —
i
the two agreements overlap when the management agreement is entered into; or
ii
the two agreements subsequently overlap on the variation of either; and
c
the previous agreement contains provisions which allow the authority to determine the overlapping provisions (whether by determining the whole of that agreement or otherwise).
4
Subject to paragraph (5), where paragraph (3) applies the local housing authority shall determine the overlapping provisions in the previous agreement (whether by determining the whole of that agreement or otherwise) as soon as possible after the two agreements overlap.
5
Where paragraph (3) applies, if the tenant management organisation agrees in writing, the local housing authority may postpone the determination of the overlapping provisions (or some of them, if the previous agreement allows the authority to determine the provisions at different times) until such time as may be agreed.
6
Nothing in this regulation requires an agreement (or any part of an agreement) to be determined otherwise than in accordance with provisions contained in that agreement.
Local housing authority participation in tenant management organisations
9
A local housing authority may, if invited to do so by the organisation concerned, nominate one or more persons to be directors or other officers of any tenant management organisation with whom the authority have entered into, or propose to enter into, a management agreement.
Transitional provisions
10
1
Where any of the following paragraphs of this regulation apply the tenant management organisation shall be treated as having served on the day these Regulations come into force (“the commencement date”) a proposal notice on the local housing authority in relation to the houses to which the study, ballot or poll relates.
2
Where a study has been carried out during the period of twelve months ending on the commencement date or is being carried out immediately before the commencement date, which, if it had been carried out or were being carried out by an approved person for the purpose of paragraph (2) of regulation 4, would comply (or substantially comply) with the requirement in that paragraph to carry out an initial feasibility study (“a pre-commencement initial feasibility study”) and none of the following paragraphs of this regulation applies, the study shall be treated, on and after the commencement date, as having been carried out or being carried out by an approved person for the purpose of complying with that requirement and —
a
if the study has been completed and a report of the study submitted to the Secretary of State, the authority and the tenant management organisation before that date, it shall be treated as having been submitted under regulation 4(2) on the commencement date;
b
if a report on the study has not been submitted to the Secretary of State, the authority and the tenant management organisation before that date, but is so submitted within nine months of that date, it shall be treated as having been submitted under regulation 4(2).
3
Where a ballot or poll has been carried out during the period of twelve months ending on the commencement date or is being carried out immediately before the commencement date following a pre-commencement initial feasibility study which, if it had been carried out or were being carried out by an authority for the purpose of paragraph (4) of regulation 4, would comply (or substantially comply) with the requirement in that paragraph to carry out a ballot or poll, and none of the following paragraphs of this regulation apply —
a
if the ballot or poll has been completed before that date, it shall be treated as having been completed on that date for the purpose of regulation 4(4);
b
if the ballot or poll has not been completed before that date but is completed within one month of that date, it shall be treated as having been carried out for the purpose of regulation 4(4).
4
Where a study has been carried out during the period of twelve months ending on the commencement date or is being carried out immediately before the commencement date, which, if it had been carried out or were being carried out by an approved person for the purpose of paragraph (9) of regulation 4, would comply (or substantially comply) with the requirement in that paragraph to carry out a full feasibility study (a “pre-commencement full feasibility study”), and paragraph (5) of this regulation does not apply, the study shall be treated, on and after that date, as having been carried out or being carried out by an approved person for the purpose of complying with that requirement and —
a
if the study has been completed and a report on the study submitted to the Secretary of State, the authority and the tenant management organisation before that date, it shall be treated as having been submitted under regulation 4(9) on the commencement date;
b
if a report on the study has not been submitted to the Secretary of State, the authority and the tenant management organisation before that date, but is so submitted within two years of that date, it shall be treated as having been submitted under regulation 4(9).
5
Where a ballot has been carried out during the period of twelve months ending on the commencement date or is being carried out immediately before the commencement date following a pre-commencement full feasibility study, which, if it had been carried out or were being carried out for the purpose of paragraph (12) of regulation 4 by an authority, would comply (or substantially comply) with the requirement in that paragraph to carry out a ballot —
a
if the ballot has been completed before that date, it shall be treated as having been completed on that date for the purpose of regulation 4(12);
b
if the ballot has not been completed before that date, but is completed within one month of that date, it shall be treated as having been carried out for the purpose of regulation 4(12).
Agreements entered into voluntarily
11
A local housing authority may enter into a management agreement with a tenant management organisation otherwise than in pursuance of the foregoing regulations where that agreement is in such form as is approved by the Secretary of State for the purposes of these Regulations and the requirements of sections 27 and 27A of the Housing Act 1985 are satisfied.
Signed by authority of the Secretary of State
G. S. K Young
Minister of State,
Department of the Environment
2th March 1994
John Redwood
Secretary of State for Wales
7th March 1994