text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Employments) (No. 23) Regulations 1992, shall come into force on 6th January 1993, and shall have effect with respect to payments of emoluments made on or after 6th April 1993.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Income Tax (Employments) Regulations 1973 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1) —
a
before the definition of “allowable charitable gifts” there shall be inserted —
“additional pay” means the appropriate amount required by a code authorisation to be added to the emoluments paid to an employee in order to determine the taxable emoluments;
;
b
in the definition of “code” after the words “free emoluments” there shall be inserted the words “or additional pay”;
c
after the definition of “Collector” there shall be inserted —
“cumulative additional pay”, in relation to any date, means the sum of the additional pay from the beginning of the year up to and including that date;
;
d
in the definition of “cumulative taxable emoluments” after the words “free emoluments” there shall be added the words “or, as the case may be, increased by the cumulative additional pay”;
e
after the definition of “Inspector” there shall be inserted —
“overriding limit” means the limit on the amount of tax to be deducted from a payment of emoluments where the tax due in accordance with the appropriate tax tables in respect of any taxable emoluments at the relevant date has been calculated by reference to additional pay, and that limit shall be an amount equal to 50 per cent. of the amount of the emoluments paid;
;
f
after the definition of “reliefs from income tax” there shall be inserted —
“tax not deducted” means tax due in accordance with the appropriate tax tables in respect of any taxable emoluments at the relevant date which as a consequence of the overriding limit has not been deducted;
;
g
in the definition of “taxable emoluments” after the words “free emoluments” there shall be added the words “or, as the case may be, increased by additional pay”.
4
In regulation 6 —
a
in paragraph (2) before the words “if for any year” there shall be inserted the words “, subject to paragraph (3) below,”;
b
after paragraph (2) there shall be added —
3
If for the year ended 5th April 1994 the employer does not receive a code authorisation for an employee who was in his employment on 5th April 1993 and the code which was appropriate on that date is no longer valid, a code authorisation shall be deemed to have been issued by the Inspector specifying as the appropriate code the code which effects deduction of tax with no personal reliefs at one or more of the rates referred to in paragraph (4) below, and the employer shall act in accordance with sub-paragraphs (a) and (b) of paragraph (1) of this Regulation.
4
The rates referred to in this paragraph are the lower rate, the basic rate and the higher rate.
.
5
In regulation 7 in paragraph (b) after the words “any relief” there shall be added the words “or which is otherwise chargeable under Schedule E”.
6
In regulation 8 —
a
paragraph (1A) shall be omitted;
b
in paragraph (3) “(1A)” shall be omitted.
7
In regulation 13 —
a
in paragraph (1) after the words “cumulative free emoluments” there shall be inserted the words “or, as the case may be, the cumulative additional pay,”;
b
in paragraph (2) —
i
after the words “said cumulative tax” there shall be inserted the words “together with any tax not deducted when the last preceding payment of emoluments was made”;
ii
after the words “payment in question” there shall be added the words “, save that the deduction shall not exceed the overriding limit.”;
c
in paragraphs (3) and (4) after the words “said cumulative tax” where they occur there shall be inserted the words “together with any tax not deducted when the last preceding payment of emoluments was made”;
d
in paragraph (5) after the words “on making the payment in question” there shall be added the words “, save that the deduction shall not exceed the overriding limit.”;
e
in paragraph (6) —
i
for sub-paragraph (c) there shall be substituted —
c
the amount of tax, if any, deducted or repaid on making the payment.
;
ii
sub-paragraphs (d) to (h) shall be omitted;
f
after paragraph (6) there shall be inserted —
6A
The employer shall either —
a
record on the deductions working sheet for that employee the following particulars regarding every payment of emoluments which he makes to the employee, namely —
i
the cumulative emoluments in relation to the date of payment;
ii
the cumulative free emoluments or, as the case may be, the cumulative additional pay, in relation to that date;
iii
the cumulative taxable emoluments in relation to that date;
iv
the corresponding cumulative tax;
v
where additional pay has been added to the payment, the tax due at that date;
vi
the overriding limit, if any, in relation to the payment;
vii
the amount of any tax not deducted at that date as a consequence of the overriding limit; and
viii
the amount of tax, if any, repayment of which is precluded by paragraph (3) of regulation 24; or
b
keep such records as enable the production of those particulars.
;
g
in paragraph (7) the words “or at a rate specified by him”, “or rate specified by the Inspector”, “or at a rate specified by the Inspector”, and “or that tax shall be deducted at a rate specified by the Inspector”, shall be omitted.
8
For paragraph (3) of regulation 17 there shall be substituted —
3
On making any such payment as aforesaid the employer shall —
a
record on the deductions working sheet for that employee the date of the payment, the amount of the emoluments and the amount of tax, if any, deducted on making the payment, and
b
either record on the deductions working sheet or keep such records as enable the production of the following particulars, namely —
i
the free emoluments or, as the case may be, the additional pay for the appropriate code;
ii
the taxable emoluments; and
iii
where additional pay has been added, the tax due and the overriding limit.
.
9
In regulation 18 —
a
in sub-paragraph (f) of paragraph (1) for the words “cumulative tax” there shall be substituted the words “total net tax deducted”;
b
for sub-paragraph (b) of paragraph (3) and the word “and” immediately following it there shall be substituted —
b
prepare a deductions working sheet in accordance with the particulars given on the copies of the certificate and record on the working sheet the cumulative emoluments shown on the copies of the certificate;
ba
record on the deductions working sheet or keep such records as enable the production of the following particulars, namely —
i
save where the code contained in the certificate reflects additional pay, the cumulative free emoluments, the cumulative taxable emoluments and the corresponding cumulative tax as at the week or month shown on the copies of the certificate;
ii
where the code contained in the certificate reflects additional pay, the cumulative additional pay, the cumulative taxable emoluments and either the cumulative tax as at the week or month shown on the copies of the certificate or the total net tax deducted shown on the copies of the certificate, whichever is the less; and
;
c
in sub-paragraph (c) of paragraph (3) the words “, the cumulative free emoluments” shall be omitted;
d
after paragraph (5) there shall be inserted —
5A
Where in relation to the year ended 5th April 1994 the code contained in the certificate is no longer valid, the code which effects deduction of tax with no personal reliefs at one or more of the rates referred to in Regulation 6(4) shall be treated for the purposes of paragraph (5) above as if it was the code contained in the certificate.
.
10
In regulation 20 —
a
in sub-paragraph (a) of paragraph (1) after the words “paragraph (2)” where they firstly occur there shall be inserted the words “or (3)”;
b
in paragraph (ii) of sub-paragraph (c) of paragraph (5) for the words “cumulative tax” there shall be substituted the words “total net tax deducted” and for the words “any cumulative tax” there shall be substituted the words “the total net tax deducted, if any,”;
c
in sub-paragraph (a) of paragraph (6) —
i
after the words “on commencing employment with the employer,” there shall be inserted the words “and the delivery of the two copies shall be treated as if it were the issue on that day of a code authorisation to the employer in respect of the employee specifying the code shown on the certificate as the appropriate code,”;
ii
for the words “cumulative tax” wherever they occur in paragraph (ii) of sub-paragraph (a) there shall be substituted the words “total net tax deducted”;
iii
after the words “said certificate” in paragraph (ii) of sub-paragraph (a) there shall be inserted the words “, subject to the provisions of paragraph (3) of Regulation 18,”;
d
in sub-paragraph (b) of paragraph (6) in paragraph (i) of that sub-paragraph —
i
for the words “cumulative tax” there shall be substituted the words “total net tax deducted”;
ii
after the words “the appropriate code” there shall be added the words “except that where the certificate relates to the year ended 5th April 1993 and the code shown on the certificate is no longer valid, a code authorisation shall be deemed to have been issued on that day to the employer in respect of the employee specifying the code which effects deduction of tax with no personal reliefs at one or more of the rates referred to in Regulation 6(4) as the appropriate code”.
11
In paragraph (1) of regulation 24 —
a
after the words “corresponding cumulative tax” there shall be inserted the words “and any tax not deducted when the last preceding payment of emoluments was made”;
b
after “Regulation 13” there shall be inserted the words “and record or, as the case may be, keep such records as enable the production of the particulars specified in paragraph (6A) of that Regulation,”.
12
In paragraph (4) of regulation 30 after the words “tax deductible” there shall be inserted the words “or, where required either to be recorded on the deductions working sheet or to be capable of being produced from other records pursuant to sub-paragraph (ba) of paragraph (3) of Regulation 18, any tax deducted”.
13
In regulation 51 —
a
for paragraph (2) there shall be substituted —
2
Whenever the employee receives any emoluments during the year for which the deductions working sheet was issued, he shall record on the deductions working sheet —
a
the amount of the emoluments;
b
the date on which he received the emoluments;
c
the cumulative emoluments in relation to that date;
d
the cumulative free emoluments or, as the case may be, the cumulative additional pay in relation to that date according to his code;
e
the corresponding cumulative tax;
f
the amount of tax, if any, deducted or repaid on making the payment of emoluments; and
g
where his code reflects additional pay —
i
the tax due at the date on which he received the emoluments;
ii
the overriding limit in relation to the payment; and
iii
the amount of any tax not deducted as a consequence of the overriding limit.
;
b
in paragraph (3), (5) and (6) for the words “cumulative tax” wherever they occur there shall be substituted the words “total net tax deducted”.
14
In regulation 55 —
a
for sub-paragraph (a) of paragraph (3) and the word “and” immediately following it there shall be substituted —
a
prepare a deductions working sheet in the form provided or in a form authorised by the Commissioners of Inland Revenue and in accordance with the particulars given on the copies of the certificate, the two copies of which were delivered by the claimant;
aa
record on the working sheet the cumulative emoluments shown on the certificate;
ab
either record on the working sheet or keep such records as enable the production of the following particulars, namely —
i
save where the code contained in the certificate reflects additional pay, the cumulative free emoluments, the cumulative taxable emoluments and the corresponding cumulative tax as at the week or month shown on the copies of the certificate;
ii
where the code contained in the certificate reflects additional pay, the cumulative additional pay, the cumulative taxable emoluments and either the cumulative tax as at the week or month shown on the copies of the certificate or the total net tax deducted shown on the copies of the certificate, whichever is the less; and
;
b
in paragraph (6) for the words “cumulative tax” there shall be substituted the words “total net tax deducted”;
c
after paragraph (6) there shall be inserted —
6A
The code shown on the certificate shall be treated as the appropriate code for the purposes of these Regulations, except that where the certificate relates to the year ended 5th April 1993 and the code shown on the certificate is no longer valid, the appropriate code shall be deemed to be the code which effects deduction of tax with no personal reliefs at one or more of the rates referred to in Regulation 6(4).
.
15
In regulation 57 for the words “cumulative tax” there shall be substituted the words “total net tax deducted”.
16
In regulation 59 in sub-paragraph (f) of paragraph (3) for the words “cumulative tax” there shall be substituted the words “total net tax deducted”.
17
In paragraph (3) of regulation 60 in paragraph (iv) of sub-paragraph (b) of that paragraph for the words “cumulative tax” there shall be substituted the words “total net tax deducted”.
18
In regulation 63 —
a
in sub-paragraph (a) of paragraph (1) after the words “cumulative free emoluments” there shall be inserted the words “or, as the case may be, the cumulative additional pay,”;
b
after sub-paragraph (a) of paragraph (1) there shall be inserted —
aa
ascertain the total net tax deductible at the relevant date, save that where the code reflects additional pay, the total net tax deductible shall not exceed the overriding limit;
;
c
in sub-paragraph (b) of paragraph (1) for the words “cumulative tax” where they first occur there shall be substituted the words “total net tax deducted”, and for the words “cumulative tax” where they next occur there shall be substituted the words “total net tax deductible”;
d
in sub-paragraph (c) of paragraph (1) for the words “cumulative tax” where they first occur there shall be substituted the words “total net tax deductible”, and for the words “cumulative tax” where they next occur there shall be substituted the words “total net tax deducted”;
e
after paragraph (1) there shall be inserted —
1A
In paragraph (1) the “total net tax deductible” means the total tax due in accordance with the appropriate tax tables in respect of any taxable emoluments at the relevant date.
.
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
15th December 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 and, subject to paragraph (2), shall come into force on 1st June 1992.
2
Paragraphs (6) to (9) of regulation 7, in so far as they apply to the carrying tanks of road tankers and to tank containers which (in either case) are not pressure vessels, shall come into force on 1st June 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time;
“approved list” means the list referred to in regulation 4(1), as revised from time to time in accordance with regulation 4(2);
“carriage” means carriage arising out of or in connection with work and shall be construed in accordance with regulations 2(2)(b) and 3(2); and related words shall be construed accordingly;
“classification” means —
(in relation to a dangerous substance which is listed in Column 1 of Part I of the approved list) the classification which is specified in the correspond ing entry in Column 4 of that Part; or
(in relation to a dangerous substance which is not listed in Column 1 of Part I of the approved list) the classification specified in Column 2 of Part I of Schedule 1 which corresponds with the most hazardous of the characteristic properties of the substance specified in Column 1 of that Part;
“computer” means a computer system including its software;
“the consignor” of a dangerous substance shall be regarded as —
the person who, having a place of business in Great Britain, consigns (whether as principal or as agent for another) that dangerous substance for carriage; or
if no person satisfies the requirements of sub-paragraph (a) above, the consignee of that dangerous substance;
“Contracting Party” means a country which is a signatory to ADR;
“dangerous substance” means any substance (including any preparation or other mixture), being either —
a substance which is listed in Column 1 of Part I of the approved list and which has one or more of the characteristic properties specified in Column 1 of Part I of Schedule 1 (other than when it is carried at such dilution that a risk to the health or safety of any person is not created by that carriage); or
any other substance which (having one or more of the characteristic properties specified in Column 1 of Part I of Schedule 1) creates a risk to the health or safety of any person in the course of its carriage which is comparable with a risk created by the carriage of any substance which is specified in Column 1 of Part I of the approved list;
“emergency action code” means, in relation to a dangerous substance which is listed in Column 1 of Part I of the approved list, the emergency action code for that substance which is specified in the corresponding entry in Column 3 of that Part, and “multi-load emergency action code” means, in relation to a multi-load, the multi-load emergency action code for such a load ascertained in accordance with Part IIB of the approved list;
“fire authority” has the same meaning as in section 38(1) of the Fire Services Act 1947 ;
“flash point” has the same meaning as in regulation 2(1) of the Classification Packaging and Labelling of Dangerous Substances Regulations 1984 ;
“hazard warning panel” means a panel required to be displayed on a road tanker or tank container in accordance with regulation 18 or 19 or which may be displayed on a tank container in accordance with regulation 21(5)(b);
“the IMDG Code” means the International Maritime Dangerous Goods Code issued by the International Maritime Organisation as revised or re-issued from time to time;
“label” means a weather-resistant label required to be displayed on a road tanker or tank container in accordance with regulation 20;
“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
“multi-load” means a load consisting of two or more dangerous substances in —
separate uncompartmented carrying tanks of a road tanker;
separate compartments of a compartmented carrying tank of a road tanker; or
separate compartments of a compartmented tank container, whether or not carried in conjunction with a substance which is not a dangerous substance;
“operator” means the operator of any road tanker, tank container or vehicle carrying a tank container (in each case used for the carriage of any dangerous substance) and shall be construed in accordance with regulation 5;
“petrol” means petroleum-spirit (within the meaning given to that phrase by section 23 of the Petroleum (Consolidation) Act 1928 ) intended to be used as fuel for motor vehicles, motor vessels or aircraft;
“petroleum filling station” means a petroleum filling station within the meaning of section 23 of the Petroleum (Consolidation) Act 1928;
“petroleum fuel” includes petrol, kerosene, diesel and liquefied petroleum gas;
“pressure vessel” means a tank container or the tank of a road tanker which is —
used or intended to be used for the carriage of a dangerous substance —
at a pressure of more than 500 millibar above or below atmospheric pressure, or
at a pressure of 500 millibar or less above atmospheric pressure if that pressure is maintained by artificial means and would rise above it if such means were no longer employed; or
loaded or discharged at a pressure of more than 500 millibar above or below atmospheric pressure;
“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which are specified in Annex I to the Uniform Rules concerning the Contract for International Carriage of Goods by Rail (“CIM”), which Rules form Appendix B to the Convention concerning International Carriage by Rail , as revised or re-issued from time to time (“COTIF”);
“road” means —
as respects England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ;
as respects Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ;
“road tanker” means a goods vehicle within the meaning of section 92 of the Transport Act 1968 which has a tank (in these Regulations referred to as a “carrying tank”) which is —
attached to the frame of the vehicle (whether structurally or otherwise) and (except when empty) is not intended to be removed from the vehicle; or
an integral part of the vehicle, and includes a tube trailer; and any reference in these Regulations to the carrying tank of a road tanker shall (unless the context otherwise requires) be construed as a reference to each carrying tank attached to it or being an integral part of it as aforesaid;
“semi-trailer” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986;
“single load” means a load consisting of only one dangerous substance (whether or not a substance which is not a dangerous substance is being carried at the same time);
“substance identification number” means, in relation to a dangerous substance which is listed in Column 1 of Part I of the approved list, the substance identification number for that substance which is specified in the corresponding entry in Column 2 of that Part;
“tank” means a tank which is —
used for the carriage of a liquid, gaseous, powdery or granular material or a sludge, in bulk; and
so constructed that it can be securely closed (except for the purpose of relieving excessive 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 3 cubic metres (other than the carrying tank of a road tanker) and includes a tube container;
“trailer” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989 ;
“tube container” means a group of gas cylinders connected together with a total capacity greater than 3 cubic metres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;
“tube trailer” means a trailer which has more than one gas cylinder structurally attached to, or forming part of, the trailer and which is intended to be used for the carriage of compressed gases;
“volumetric prover” means a tank or prover pipe with a capacity not exceeding 10 cubic metres intended to be used for the calibration of metering equipment or the measurement of petroleum fuel deliveries and which is structurally attached to, or is an integral part of, the frame of a vehicle.
2
For the purposes of these Regulations, a combination of a motor vehicle and one or more trailers or semi-trailers shall be deemed to be a single vehicle for so long as the constituent parts of that combination remain attached; and —
a
dangerous substances contained in different parts of such a vehicle shall accordingly be considered to be contained in the same vehicle; and
b
without prejudice to the generality of regulation 3(2), a trailer or semi-trailer containing any dangerous substance shall not be considered to be engaged in any carriage to which these Regulations apply unless it forms part of such a combination.
3
For the purposes of these Regulations, a vehicle shall be deemed to be registered in the United Kingdom where the relevant motor vehicle is registered under the Vehicles (Excise) Act 1971 or any enactment repealed thereby.
4
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application of these Regulations
3
1
These Regulations shall apply to and in relation to the carriage of any dangerous substance, either in a road tanker or in a tank container carried on a vehicle, except where specified in Schedule 2.
2
For the purposes of paragraph (1), a road tanker or a tank container carried on a vehicle shall be deemed to be engaged in the carriage of a dangerous substance throughout the period —
a
in the case of a road tanker, from the commencement of loading it with the dangerous substance concerned for the purpose of carrying that substance on a road until the carrying tank of the road tanker and (where appropriate) any compartment of that carrying tank have been cleaned or purged so that any of the substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person; or
b
in the case of a tank container carried on a vehicle —
i
(if the tank container has been loaded with the dangerous substance concerned before being placed on the vehicle) from the time when the tank container is placed on the vehicle for the purpose of carrying the dangerous substance on a road, or
ii
(if the tank container has been placed on the vehicle before the commence ment of loading) from the commencement of loading the tank container with the dangerous substance concerned for the purpose of carrying it by road, until either —
aa
the tank container is removed from the vehicle, or
bb
the tank container and (where appropriate) any compartment of the tank container have been cleaned or purged so that any of the substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person; and, in either case, whether or not the vehicle is on a road at the material time.
Meaning of and revisions to the approved list
4
1
The Health and Safety Commission shall approve and publish for the purposes of these Regulations a list, entitled “the Road Tanker Approved List”, which contains —
a
in Part I, a list of dangerous substances, and specifying —
i
in Column 1, the names thereof in alphabetical order,
ii
in Column 2, the substance identification numbers thereof,
iii
in Column 3, the emergency action codes therefor,
iv
in Column 4, the classifications thereof, and
v
in Column 5, details of special provisions applicable thereto;
b
in Part IIA, an interpretation of the emergency action code;
c
in Part IIB, a method for ascertaining the emergency action codes for multiloads;
d
in Part III, a numerical list of dangerous substances; and
e
notes and other explanatory material which are requisite for its use.
2
The Health and Safety Commission may approve a revision of the list referred to in paragraph (1) and, when it does so, the Commission shall within 3 months of the date of that approval publish a notice specifying the revision, the date on which it was approved and the date on which it takes effect, which last-mentioned date shall be not less than 6 months after the date of the approval of the revision; but during the period before the revision takes effect an operator may —
a
mark a road tanker or tank container in accordance with that revision; and
b
in a case where the Health and Safety Commission has approved an entry in the list referred to in paragraph (1) for an organic peroxide, carry that organic peroxide in accordance with that entry.
Meaning of operator
5
1
For the purposes of these Regulations, the operator of a road tanker or of any other vehicle carrying a tank container shall be —
a
the person who holds an operator’s licence (granted under Part V of the Transport Act 1968 ) for the use of that vehicle for the carriage of goods on a road; except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the “operator” shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this sub-paragraph “holding company” and “subsidiary company” have the same meanings as in the said Regulations of 1984; or
b
where no such licence is held —
i
(in the case of a vehicle which is not registered in the United Kingdom) the driver of the vehicle, and
ii
(in the case of any other vehicle, but subject to paragraph (2)) the keeper of the vehicle; and, for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper.
2
Where an employee who would otherwise be the operator of a vehicle in accordance with sub-paragraph (b)(ii) of paragraph (1) uses that vehicle for the carriage of any dangerous substance on behalf of his employer, that employer shall, notwithstanding that sub-paragraph, be regarded as the operator of the vehicle for the purposes of these Regulations.
3
For the purposes of these Regulations, the operator of a tank container shall be either —
a
the owner of the tank container, if that person —
i
has a place of business in Great Britain, and
ii
is identified as the owner of the tank container on the tank container itself or in a document carried in the vehicle on which the tank container is carried; or
b
if no person satisfies the requirements set out in sub-paragraph (a) above, the agent of the owner of the tank container if that agent —
i
has a place of business in Great Britain, and
ii
is identified as the agent of that owner on the tank container itself or in a document carried in the vehicle on which the tank container is carried; or
c
if no person falls within sub-paragraph (a) or (b) above, the operator of the vehicle on which the tank container is carried.
4
For the purposes of paragraph (3), a person to whom a tank container is leased or hired shall be deemed to be the owner of that tank container unless the lessor or, as the case may be, the hirer has made an agreement in writing with the person to whom he has leased or hired the tank container to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under these Regulations.
Construction of vehicles and tank containers
6
The operator of a road tanker or tank container shall not use that road tanker or tank container for the carriage of a dangerous substance unless —
a
it is properly designed, of adequate strength and of good construction from sound and suitable material;
b
it is suitable for the purpose for which it is being used having regard to —
i
the nature and circumstances of the journey being undertaken, and
ii
the characteristic properties and quantity of the dangerous substance and of all other substances being carried (including any which are not in themselves dangerous);
c
the carrying tank of the road tanker or the tank container concerned, and any fittings attached thereto —
i
are 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
ii
in so far as they are likely to come into contact with the substance, are made of materials which are neither liable to be adversely affected by the substance nor liable in conjunction with it to significantly increase the risk to the health or safety of any person; and
d
in the case of a road tanker or tank container brought into use for the first time on or after 1st June 1992 for the carriage of any dangerous substance, he is in possession of sufficient information in writing concerning —
i
its design, construction, examination and maintenance, and
ii
any repairs or modifications made to the carrying tank of that road tanker or (as the case may be) to that tank container or to any fittings attached thereto, as may reasonably foreseeably be needed to enable him to comply with these Regulations insofar as they impose requirements or prohibitions on him.
Testing and examination of the carrying tanks of road tankers and tank containers
7
1
A dangerous substance shall not be carried in the carrying tank of a road tanker or in a tank container unless —
a
for the purpose of ensuring that they are properly maintained, there has been prepared and there is carried into effect a suitable written scheme for —
i
the initial and periodic examination, and
ii
the initial and (where appropriate) periodic testing, of the relevant carrying tank or tank container and its fittings by a competent person;
b
before being taken into use for the first time for the carriage of a dangerous substance, the relevant carrying tank or tank container was certified by a competent person as suitable for the purposes for which he understood it was to be used and those purposes were specified in the certificate;
c
there is in existence 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 shorter interval as the competent person may specify,
iii
that the relevant carrying tank or tank container remains suitable either for the purposes specified in the certificate for that tank issued under subparagraph (b) of this paragraph or for the purposes specified in a further certificate issued under paragraph (11), or, if it is no longer suitable for any of those purposes, the purposes for which it is suitable, and
iv
in the case of a pressure vessel, the maximum working pressure to which the vessel may be subjected.
2
Where, before 1st June 1992, there was in existence in respect of the carrying tank of a road tanker or a tank container and any fittings attached thereto a suitable written scheme drawn up in accordance with regulation 7(2)(a) of the Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations 1981 , that written scheme shall be deemed to be a suitable written scheme in existence in respect of that carrying tank or tank container and those fittings drawn up in accordance with paragraph (1)(a).
3
A dangerous substance shall not be carried in the carrying tank of a road tanker or in a tank container if —
a
the carrying tank or tank container concerned or any fittings attached thereto have been damaged, modified or repaired in such a way as might affect their safety since either the report referred to in paragraph (1)(c) was issued or (where the carrying tank or tank container is such as is specified in regulation 8(5)) the tank and its fittings were last examined and tested under —
i
ADR,
ii
RID, or
iii
the IMDG Code; or
b
in the case of a pressure vessel, the pressure in the vessel exceeds the maximum working pressure specified in the report referred to in paragraph (1)(c).
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 operator’s control and then duly authenticates it; or
b
(where the competent person does not enter it in a computer under the operator’s control) 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 procedure referred to in paragraph (4) may only be used if the report —
a
is capable of being reproduced in written form when required at the appropriate place referred to in regulation 9(1);
b
is secure from unauthorised interference; and
c
can be authenticated only by the competent person.
6
Every carrying tank of a road tanker and every tank container shall (subject to paragraph (7)) have securely fastened to it (or to any support which is welded to that carrying tank or tank container), in a readily accessible position, a corrosion-resistant plate on which the following information is indelibly marked —
a
the name or identifying mark of the manufacturer of the carrying tank or tank container;
b
the serial number of the carrying tank or tank container by which it can be identified;
c
the date of the most recent examination and test carried out in accordance with paragraph (1); and
d
in the case of a pressure vessel, the maximum working pressure to which the vessel may be subjected.
7
Where compliance with paragraph (6)(c) is not possible because there is no more room on a corrosion-resistant plate, the date concerned shall be indelibly marked on an additional corrosion-resistant plate which shall be securely fastened to the relevant carrying tank or tank container (or to any support welded thereto) in a readily accessible position; and, in such a case, that additional plate shall also be marked in accordance with paragraph (6)(a), (b) and (where appropriate) (d).
8
Where any corrosion-resistant plate such as is described in paragraph (6) or (7) and which is securely fastened to the carrying tank of a road tanker or to a tank container is covered by an insulating layer which surrounds that carrying tank or tank container, a duplicate corrosion-resistant plate, indelibly marked with the same information as is marked on the plate which is covered as aforesaid, shall be securely fastened to the exterior of that insulating layer.
9
Where the carrying tank of a road tanker, a tank container or the fittings of any such tank have been damaged, modified or repaired in such a way as might affect their safety since either the report referred to in paragraph (1)(c) was issued or (in the case of any carrying tank or tank container such as is specified in regulation 8(5)) that tank and its fittings were last examined and tested under ADR, RID or the IMDG Code, the provisions of paragraph (1) or (as the case may be) ADR, RID or the IMDG Code shall apply in respect of any such tank and its fittings as if the tank had not previously been used for the carriage of a dangerous substance.
10
Where the competent person is satisfied that the carrying tank of a road tanker or a tank container is suitable for purposes other than those specified in the certificate issued in accordance with paragraph (1)(b) he may endorse the certificate to that effect or issue a further certificate specifying those purposes.
11
In this regulation and in sub-paragraphs (a)(ii) and (b)(i) of regulation 8(3), “competent person” means a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate, and accordingly any reference in the provisions referred to in this paragraph to a competent person performing a function includes a reference to his performing it through his employees.
12
It shall be the duty of the operator of any road tanker or tank container to comply with the provisions of this regulation.
Exceptions to regulations 6 and 7
8
1
Regulations 6 and 7 shall not apply to the carriage from one site to another site of a used underground storage tank containing petrol where it has been removed from the ground at the first site for the purposes of cleaning, demolition or disposal at the second site, if —
a
before the tank is carried —
i
as much petrol as it is reasonably practicable to remove from the tank by flushing out with water has been so removed and any remaining sludge has been covered by water,
ii
the remaining space in the tank has been filled with an inert atmosphere,
iii
as much of the pipework which was connected to the tank as it is reasonably practicable to remove from it has been so removed,
iv
subject to head (v) of this sub-paragraph, all openings in the tank and any pipework remaining attached to it have been sealed to prevent the escape of vapour or any liquid,
v
any hole in the tank caused by corrosion or during removal from the ground has been sealed by a safe method to prevent or, where this is not reasonably practicable, minimise, the escape of vapour or any liquid, and
vi
a notice has been fixed to the tank in a prominent position bearing in letters not less than 50 millimetres high the words “Petrol — Highly Flammable”; and
b
during the course of its carriage —
i
the tank is securely attached to the vehicle, and
ii
where the tank has been holed or there are areas of weakness, the tank is in such a position that those holes or areas of weakness are, so far as is reasonably practicable, not below the level of any liquid or sludge in the tank.
2
Regulation 6(b) and (c)(i) shall not apply to the operator of a road tanker or tank container which has been damaged and which is being moved (whether or not by the use of a recovery vehicle) to the nearest suitable safe place or depot for repair or for cleaning or purging until arrangements can be made for its safe removal by that operator, if —
a
steps have been taken to make the carrying tank of the road tanker or the tank container as secure from leaks as is reasonable in the circumstances; and
b
the road tanker or other vehicle carrying the tank container is at all relevant times escorted by a vehicle used for police or fire brigade purposes.
3
Regulation 7 shall not apply to the carriage of any static storage tank which has been, or is to be, used for —
a
the storage of liquid argon, liquid carbon dioxide, liquid helium, liquid hydrogen, liquid nitrogen, liquid nitrous oxide or liquid oxygen, where —
i
all liquid has been removed from the tank and the residual gas pressure does not exceed 3 bar above atmospheric pressure during the carriage,
ii
the tank has been thoroughly examined as a static vessel by a competent person and there is in existence a valid report of that examination,
iii
(in the case of a tank which has been used for such storage as is described above) as much of the pipework which was connected to the tank as it was reasonably practicable to remove from it has been so removed, and
iv
a suitable pressure relief valve (which shall remain operational during the carriage) is fitted to the tank; or
b
the storage of liquefied petroleum gas, where —
i
the tank has been thoroughly examined as a static vessel by a competent person and there is in existence a valid report of that examination,
ii
(in the case of a tank which has been used for such storage as is described above) as much of the pipework which was connected to the tank as it was reasonably practicable to remove from it has been so removed,
iii
a suitable pressure relief valve (which shall remain operational during the carriage) is fitted to the tank, and
iv
(in the case of a tank whose capacity does not exceed 5 cubic metres) the quantity of gas in the tank does not exceed 50 kilograms during the carriage, or
v
(in the case of a tank whose capacity does not exceed 30 cubic metres) all liquid has been removed from it and the residual gas pressure does not exceed 1 bar above atmospheric pressure during the carriage.
4
Regulation 7(6) shall not apply to any tube trailer or tube container where the information specified in that paragraph is indelibly marked on each gas cylinder.
5
Regulation 7(1), (6) and (11) shall not apply to the carrying tank of a road tanker or to any tank container used for the carriage of any dangerous substance where such a tank and its fittings have been examined, tested, certified and plated in accordance with the requirements of —
a
ADR;
b
RID; or
c
the IMDG Code.
Keeping of documents
9
1
All the documents referred to in regulations 6 and 7 shall —
a
in the case of any road tanker, be kept by the operator thereof either at the premises from which the tanker operates or at his principal place of business within Great Britain; and
b
in the case of any tank container, be kept by the operator thereof at the address within Great Britain from which the deployment of the tank container is controlled.
2
It shall be sufficient compliance with paragraph (1)(b) 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 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.
3
Where the operator of a road tanker or tank container changes, the previous operator shall, insofar as he is required to keep any document at an address in Great Britain in accordance with paragraph (1), give any such document to the new operator.
4
Where either of the procedures referred to in regulation 7(3) has been used, it shall be sufficient compliance with paragraph (1) in respect of the report referred to in regulation 7(1)(c) if that report is kept by the operator concerned in a computer at the appropriate place specified in the said paragraph (1); and without prejudice to the generality of paragraph (3), if the operator changes in circumstances where the report referred to in regulation 7(1)(c) is kept in a computer in accordance with this paragraph, the previous operator shall provide the new operator with the information contained in that report in written form.
Information relating to dangerous substances to be received by operators
10
1
The consignor of a dangerous substance shall ensure that each operator who is to carry it receives such information as will enable that operator —
a
to comply with his duties under these Regulations; and
b
to be aware of the hazards created by the substance to the health or safety of any person.
2
An operator shall not carry a dangerous substance unless he is in possession of the information referred to in paragraph (1).
3
The consignor shall ensure that the information referred to in paragraph (1) is —
a
so far as is reasonably practicable, provided in written form;
b
accurate; and
c
sufficient for the purposes specified in that paragraph.
4
The operator shall, where the information referred to in paragraph (1) is not received by him in written form —
a
reduce it to written form himself; or
b
ensure that it is entered in a computer under his control by a competent person.
5
The operator shall keep the information referred to in paragraph (1) for a period of at least two weeks after the completion of the relevant journey.
6
The information referred to in paragraph (1) may only be entered in a computer in accordance with paragraph (4)(b) if it —
a
is capable of being reproduced in written form when required;
b
is secure from unauthorised interference; and
c
can be authenticated only by the person entering it.
Limitation on the carriage of certain substances
11
1
The operator of a road tanker shall ensure that —
a
no organic peroxide which is a dangerous substance is carried in that road tanker unless that substance is listed in Column 1 of Part I of the approved list and any conditions specified in that Column are complied with;
b
no other dangerous substance which is not listed in Column 1 of Part I of the approved list is carried in that road tanker unless its characteristic properties, being properties specified in Column 1 of Schedule 1, create no greater risk to health or safety than other substances having similar characteristic properties which are listed in Column 1 of Part I of the approved list; and
c
where a maximum concentration or some other condition is specified for a substance in Column 1 of Part I of the approved list, that substance is not carried in a road tanker except at a concentration equal to or below the maximum concentration or, as the case may be, in accordance with the condition so specified.
2
The operator of a vehicle carrying a tank container and the operator of that tank container shall ensure that —
a
no organic peroxide which is a dangerous substance is carried in that tank container unless that substance is listed in Column 1 of Part I of the approved list and any conditions specified in that Column are complied with;
b
no other dangerous substance which is not listed in Column 1 of Part I of the approved list is carried in that tank container unless its characteristic properties, being properties specified in Column 1 of Schedule 1, create no greater risk to health or safety than other substances having similar character istic properties which are listed in Column 1 of Part I of the approved list; and
c
where a maximum concentration or some other condition is specified for a substance in Column 1 of Part I of the approved list, that substance is not carried in that tank container except at a concentration equal to or below the maximum concentration or, as the case may be, in accordance with the condition so specified.
Information in writing to be available during carriage
12
1
The operator of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall ensure that the driver of the vehicle concerned has received adequate information in writing about —
a
the identity of the substance;
b
the quantity to be carried; and
c
the nature of the hazards created by the substance and the action to be taken in an emergency concerning it.
2
The driver of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall ensure that the information in writing relating to that substance received by him in accordance with paragraph (1) is, subject to paragraphs (5) and (6) and regulation 27, kept in the cab of the vehicle and is readily available at all times while the substance is being carried.
3
Where a dangerous substance has been carried in a road tanker or tank container and the carrying tank of that road tanker or that tank container and (where the carrying tank or tank container concerned is divided into compartments) all the compartments thereof have been emptied and cleaned or purged so that any of the substance or its vapour which remains is not sufficient to create a risk to the health or safety of any person, the driver of the road tanker or other vehicle carrying the tank container shall ensure that the information in writing relating to that substance received by him in accordance with paragraph (1) and which he had to keep in the cab of the vehicle in accordance with paragraph (2) is, subject to paragraph (5), destroyed, removed from the relevant vehicle or placed in a securely closed container clearly marked to show that the information relates to no other substance which is being carried.
4
The driver of a road tanker or of any other vehicle carrying a tank container shall, if that road tanker or tank container is not carrying a dangerous substance, ensure that any information in writing in his possession received by him in accordance with paragraph (1) is destroyed, removed from the vehicle or placed in the securely closed container referred to in paragraph (3).
5
Nothing in paragraph (3) shall require the destruction, removal or placing in a securely closed container of information in writing received by a driver in accordance with paragraph (1) which relates to any dangerous substance which has been removed from a road tanker or tank container in the manner specified in the said paragraph (3) where that information in writing relates also to a dangerous substance which is being carried, and the nature of the hazards created by those dangerous substances is such that the action to be taken in an emergency concerning them is identical.
6
Notwithstanding paragraph (2), where the tractor unit of any articulated vehicle carrying a dangerous substance is detached from the trailer of that vehicle on a road or in premises, the driver of the vehicle shall attach the information in writing relating to that substance received by him in accordance with paragraph (1) to the trailer in a readily visible position or (in the case where the tractor unit is detached as aforesaid in premises) give that information to the occupier of the premises; and in such a case, the occupier shall ensure that the said information is readily available at the premises.
7
Notwithstanding paragraph (2), the driver of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall, when so requested in an emergency by any police constable or any member of the fire or ambulance services, produce the information in writing relating to that substance received by him in accordance with paragraph (1) to that constable or other person.
Precautions against fire or explosion
13
1
The operator of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall provide that vehicle with adequate fire-fighting equipment.
2
Every driver of, and every person repairing, maintaining, examining, inspecting, loading, unloading or otherwise dealing with, a road tanker carrying a dangerous substance or any other vehicle carrying a dangerous substance in a tank container shall observe all the precautions necessary for preventing fire or explosion.
Precautions to be taken before loading road tankers and tank containers with dangerous substances
14
The operator of a road tanker or tank container which is to be loaded with a dangerous substance shall ensure that that dangerous substance will not, in conjunction with any product remaining in the road tanker or tank container concerned, significantly increase the existing risk to the health or safety of any person arising out of the presence of that remaining product.
Prohibition against overfilling road tankers or tank containers
15
The operator of a road tanker or tank container shall ensure that no tank or compartment in the road tanker or tank container concerned is overfilled with any dangerous substance.
Openings in tanks and valves to be securely closed before commencement of journey
16
1
Subject to paragraph (2), the driver of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall ensure, so far as is practicable, that —
a
all openings in the carrying tank of the road tanker or in the tank container concerned; and
b
(where any discharge or filling opening in the said carrying tank or tank container 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 is commenced.
2
Nothing in paragraph (1) shall be taken as permitting the proper functioning of any safety device to be compromised.
Parking and supervision of vehicles carrying dangerous substances
17
1
The driver of a road tanker or of any other vehicle carrying a tank container shall (when this paragraph applies) ensure that the vehicle concerned is parked in a safe place when it is not being driven, except —
a
when supervised at all times by him or by a competent person over the age of 18 years; or
b
in circumstances where no such competent person is present, when the vehicle has been damaged or has broken down on a road and the driver has left the vehicle to seek assistance.
2
Paragraph (1) shall apply where the road tanker or tank container is required by these Regulations to display hazard warning panels and the emergency action code (if any) required to be shown on those panels pursuant to Schedule 3 ends with the letter “E”, except that that paragraph shall not apply where —
a
any tank or compartment of a tank which formerly contained a substance which has an emergency action code ending with the letter “E” is nominally empty;
b
in the case where the substance identification number 1270 is displayed on the hazard warning panels concerned, no petrol is being carried or any tank or compartment of a tank which formerly contained petrol is nominally empty; or
c
in the case where the substance identification number 1268 is displayed on those hazard warning panels, no toluene or petroleum distillate having a flash point of less than 21°C is being carried or any tank or compartment of a tank which formerly contained any such substance is nominally empty; and in this paragraph “nominally empty” means, in relation to a tank or compartment of a tank, that as much of the dangerous substance which it contained as it was reasonably practicable to discharge from it has been so discharged.
Road tankers carrying dangerous substances to carry hazard warning panels
18
1
Subject to regulation 21, the operator of a road tanker which is being used for the carriage of one or more dangerous substances shall ensure that it is provided with and displays three hazard warning panels, one at the rear and one on each side of the vehicle and —
a
each hazard warning panel shall —
i
be weather resistant and be indelibly marked on one side only so as to comply with the provisions of Schedule 3 (which relates to the form, specifications, colour and information required),
ii
be either rigid or fixed so as to be rigid,
iii
be marked on or securely attached to the vehicle or to the tank in a substantially vertical plane, and if the means of attachment is by a frame, that frame shall carry no other hazard warning panels, and
iv
have its lower edge at least one metre from the ground or if that is not reasonably practicable as high as is reasonably practicable; and
b
the forward edge of each hazard warning panel required to be displayed on the side of the vehicle shall be as close as is reasonably practicable to the front of the tank or, if there is more than one tank, to the front of the foremost tank.
2
The driver of any road tanker such as is specified in paragraph (1) shall ensure that the hazard warning panels with which it is required to be provided in accordance with that paragraph are displayed at all times as required thereby.
Tank containers carrying dangerous substances to carry hazard warning panels
19
1
Subject to regulation 21, the operator of a tank container which is being used for the carriage of one or more dangerous substances shall ensure that (in the case where the tank container has a capacity greater than 6 cubic metres) it is provided with and displays four hazard warning panels, one of which shall be fitted to each side of the tank container and one of which shall be fitted to each end of the tank container and (in the case where the tank container has a capacity of 6 cubic metres or less) it is provided with and displays 2 hazard warning panels, one of which shall be fitted to each side of the tank container; and —
a
each hazard warning panel shall —
i
be weather resistant and be indelibly marked on one side only so as to comply with the provisions of Schedule 3,
ii
be either rigid or fixed so as to be rigid, and
iii
be marked on or securely attached to the tank container itself or to the framework in which the tank container sits in a substantially vertical plane and if the means of attachment is by a frame that frame shall carry no other hazard warning panels; and
b
the centre of each hazard warning panel shall, in the case of such a panel required to be fitted to the side of the tank container, be as close as is reasonably practicable to a position midway between the front and rear of the tank container and, in the case of such a panel required to be fitted to an end of the tank container, be as close as is reasonably practicable to a position midway between the lateral edges of that end.
2
The operator and driver of a vehicle carrying any tank container such as is specified in paragraph (1) shall ensure that the hazard warning panels with which it is required to be provided in accordance with that paragraph are displayed at all times as required thereby.
Additional requirements for labelling road tankers and tank containers carrying multiloads
20
1
Subject to regulation 21, where a multi-load is carried —
a
in separate uncompartmented carrying tanks of a road tanker; or
b
in separate compartments of a compartmented carrying tank of a road tanker, the operator of the relevant road tanker shall ensure that each such uncompartmented carrying tank or compartment which contains a dangerous substance is provided with two weather-resistant labels (each indelibly marked on one side only so as to comply with the requirements of Schedule 3) and that those labels are displayed in accordance with paragraph (2).
2
One of the two labels with which any uncompartmented carrying tank or compartment of a compartmented carrying tank containing a dangerous substance must be provided in accordance with paragraph (1) shall be marked on or securely attached to one side of that carrying tank or compartment or, alternatively, to one side of the frame of the road tanker to which the carrying tank concerned is attached or of which it is an integral part, and the second of those two labels shall be marked on or securely attached to the other side of the said uncompartmented carrying tank or compartment or, as the case may be, frame; and the centre of each such label shall be situated as close as possible to a position midway along the length of the uncompartmented carrying tank or compartment to which it relates.
3
The driver of any road tanker such as is specified in paragraph (1) shall ensure that the labels with which it is required to be provided in accordance with that paragraph are displayed at all times as required by paragraph (2).
4
Subject to regulation 21, where a multi-load is carried in separate compartments of a compartmented tank container, the operator of that tank container shall ensure that each compartment thereof which contains a dangerous substance is provided with two weather-resistant labels (each indelibly marked on one side only so as to comply with the requirements of Schedule 3) and that those labels are displayed on the compartment in accordance with paragraph (5).
5
One of the two labels with which any compartment of a compartmented tank container containing a dangerous substance must be provided in accordance with paragraph (4) shall be marked on or securely attached to one side of that compartment and the second of those two labels shall be marked on or securely attached to the other side of the said compartment; and the centre of each such label shall be situated as close as possible to a position midway along the length of the compartment to which it relates.
6
The operator and driver of a vehicle carrying any tank container such as is specified in paragraph (4) shall ensure that the labels with which it is required to be provided in accordance with that paragraph are displayed at all times as required thereby.
Circumstances in which regulations 18 to 20 do not apply
21
1
Regulations 18 to 20 shall not apply where a road tanker or tank container is being used solely for carrying a dangerous substance from —
a
another road tanker or tank container which has been damaged as a result of an accident occurring on a road, or has broken down on a road; or
b
a rail tanker which has been damaged or derailed or has broken down on a railway, other than the siding on which it was loaded, if either of the conditions specified in paragraph (2) is met.
2
The conditions referred to in paragraph (1) are —
a
that the road tanker or other vehicle carrying the tank container is being escorted by a vehicle being used for police or fire brigade purposes, or
b
that the road tanker or other vehicle carrying the tank container displays at its rear —
i
the sign shown in Column 3 of Part I of Schedule 1 which adjoins the description of the classification of the substance being carried which is set out in Column 2 of that Part, or
ii
the sign shown in the said Column 3 which adjoins the classification “other dangerous substance” which is set out in the said Column 2, each such sign to comply with the specifications contained in Part III of Schedule 1.
3
Regulations 18 to 20 shall not apply to —
a
the carriage of a dangerous substance in a road tanker or tank container to a port for carriage by sea, or from a port having first been carried by sea, if that tanker or tank container is labelled in accordance with the appropriate provisions of the IMDG Code;
b
any road tanker or tank container which has been used for the carriage of a dangerous substance from a port, that substance having first been carried by sea, and which tanker or tank container is labelled in accordance with the appropriate provisions of the IMDG Code, if that tanker or tank container has discharged its load and has not been cleaned or purged so as to remove any risks to the health or safety of any person or re-loaded;
c
any road tanker or tank container which has been used for the carriage of any dangerous substance in an international transport operation subject to ADR or RID, and which tanker or tank container is labelled in accordance with the appropriate provisions of ADR or RID, if that tanker or tank container has discharged its load and has not been cleaned or purged so as to remove any risks to the health or safety of any person or re-loaded; or
d
the carriage of a dangerous substance in a road tanker or tank container which is labelled in accordance with the provisions of RID —
i
to a railhead for the international transport by rail of that road tanker or tank container, or
ii
from a railhead, where the road tanker or tank container concerned has been brought there by international rail transport.
4
Regulations 18 to 20 shall not apply to the carriage of a dangerous substance in a road tanker or tank container which is in the service of home forces (as defined by regulation 3(2) of the Road Vehicles Lighting Regulations 1989 (“the 1989 Regulations”)) or of a visiting force (having the same meaning in this paragraph as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952 ) insofar as the relevant road tanker or other vehicle carrying the tank container concerned is being used —
a
in connection with training —
i
which has been certified in writing for the purposes of regulation 7(1)(a) of the 1989 Regulations by a person duly authorised in that behalf to be training on a special occasion, and
ii
of which not less than 48 hours' notice has been given by that person to —
aa
the chief officer of police of every police area, and
bb
(as respects England and Wales) the chief officer or (as respects Scotland) the firemaster of the fire brigade maintained by the fire authority for any area, in which the place selected for training is wholly or partly situated; or
b
on manoeuvres within such limits and during such periods as may from time to time be specified by Order in Council made under the Manoeuvres Act 1958 .
5
Regulations 19 and 20 shall not apply —
a
to the carriage of liquid nitrogen in the jacket of a tank container, where —
i
that liquid nitrogen is being carried solely to insulate liquid helium or liquid hydrogen which is also being carried in that tank container, and
ii
the tank container is indelibly marked as follows, in a readily visible position in letters at least 50 millimetres high and with the blank space filled in with the appropriate figure: “The jacket of this container is permanently charged with tonnes of liquid nitrogen U.N. No. 1977.”; or
b
to the carriage of —
i
any static cryogenic storage tank which has been, or is intended to be, used for the storage of liquid argon, liquid carbon dioxide, liquid helium, liquid hydrogen, liquid nitrogen, liquid nitrous oxide or liquid oxygen,
ii
any static liquefied petroleum gas storage tank, or
iii
any used underground storage tank containing petrol, where three hazard warning panels, indelibly marked on one side only so as to comply with the provisions of Schedule 3, are fixed to the vehicle in such positions that one is visible from each side of the vehicle and one is visible from the rear thereof.
6
Regulation 20 shall not apply to a multi-load treated as a single load in accordance with the note to Part I of the approved list if the hazard warning panels required to be displayed by these Regulations on the road tanker or tank container in which the multiload is carried are marked with the emergency action code, classification and appropriate substance identification number specified in that note.
7
In paragraph (3)(d), “railhead” means any place where goods are loaded onto or unloaded from rail wagons.
Prohibition on provision and display of hazard warning panels and labels and additional information
22
1
Subject to regulation 23(3), where a road tanker or a tank container —
a
is being used solely for the carriage of any substance which is not a dangerous substance; or
b
is empty, the operator and driver of the road tanker or other vehicle carrying the tank container shall ensure that the road tanker or tank container concerned does not display and is not provided with any hazard warning panel or label.
2
The operator and driver of a road tanker or of any other vehicle carrying a tank container shall ensure that nothing is displayed on the road tanker or tank container concerned which would be likely to confuse the emergency services if read in conjunction with any information —
a
required to be displayed on that road tanker or tank container in accordance with regulations 18 to 20; or
b
the display of which on that road tanker or tank container is necessary for the operation of any disapplication specified in regulation 21.
Removal of hazard warning panels and labels
23
1
Subject to paragraphs (3) and (4), where one or more dangerous substances have been carried in a road tanker or tank container and the carrying tank of that road tanker or that tank container and (where the carrying tank of the road tanker or the tank container concerned is divided into compartments) all the compartments thereof have been emptied and cleaned or purged so that any of a dangerous substance or its vapour which remains is not sufficient to create a risk to the health or safety of any person, the operator and driver of the relevant road tanker or other vehicle carrying the relevant tank container shall ensure that the hazard warning panels and labels referring to any dangerous substance which has been removed as aforesaid and which were required to be displayed on that road tanker or tank container by these Regulations are —
a
completely covered or completely removed;
b
partly covered or partly removed so as to leave visible only the telephone number or the text permitted by paragraphs 3(d), 4(d) or 5(1)(d) of Schedule 3; or
c
placed in a securely closed container clearly marked to show that the panels or labels relate to no other substance then being carried.
2
Where a multi-load has been carried in separate uncompartmented carrying tanks of a road tanker, in separate compartments of a compartmented carrying tank of a road tanker or in separate compartments of a compartmented tank container and (in the case of a road tanker) each uncompartmented carrying tank or compartment of a compartmented carrying tank and (in the case of a compartmented tank container) each compartment thereof which was carrying one of the dangerous substances concerned has been emptied and cleaned or purged so that any of that dangerous substance or its vapour which remains is not sufficient to create a risk to the health or safety of any person, the operator and driver of the relevant road tanker or other vehicle carrying the relevant tank container shall ensure that —
a
the labels referring to the dangerous substance which has been removed as aforesaid and which were required to be displayed on the road tanker or tank container concerned by these Regulations are completely covered, completely removed or placed in a securely closed container clearly marked to show that the labels relate to no other substance then being carried; and
b
the hazard warning panels and labels required to be displayed on the road tanker or tank container concerned by these Regulations are changed to those appropriate to the remaining load.
3
Regulation 22 and paragraph (1) shall not apply in respect of a road tanker where —
a
the hazard warning panels displayed thereon show one of the following substance identification numbers, namely —
i
1270,
ii
1203, or
iii
1223; and
b
the road tanker concerned is not for the time being being used for the carriage of any dangerous substance to which any of those substance identification numbers relates, but is for the time being being used for the carriage of gas oil or diesel oil, or both.
4
Paragraph (1) shall not apply to the carriage of any dangerous substance whose classification is “other dangerous substance” (which substance, although normally carried at a temperature in excess of 100°C, has reduced its temperature during that carriage to below that figure) or to any tank which, although normally used for the carriage at a temperature in excess of 100°C of any dangerous substance whose classification is “other dangerous substance”, is nominally empty within the meaning of regulation 17(2).
Hazard warning panels and labels to be kept clean and free from obstruction
24
The operator and driver of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall ensure that any hazard warning panels and labels referring to that dangerous substance which are required to be displayed on the road tanker or tank container concerned by these Regulations are kept clean and free from obstruction, except that a hazard warning panel may be mounted behind a ladder of light construction which does not prevent the information on the panel from being easily read.
Unloading of petrol at petroleum filling stations and certain other premises licensed for the keeping of petrol
25
1
The provisions of Schedule 4 shall have effect for regulating the unloading of petrol from the carrying tank of a road tanker at —
a
any petroleum filling station; and
b
any other premises for which a petroleum-spirit licence authorising the keeping of petrol is in force, except where those premises are licensed for keeping more than 100,000 litres of such petrol in storage tanks,
and the enforcing authority for these Regulations and for sections 2 to 8 of the Health and Safety at Work etc. Act 1974 in respect of such unloading as is specified in subparagraphs (a) and (b) of this paragraph shall be the petroleum licensing authority, even if the relevant tanker is on a road at the time of the unloading.
2
In this regulation and in Schedule 4 —
a
“the petroleum licensing authority” means the local authority empowered to grant petroleum-spirit licences under the Petroleum (Consolidation) Act 1928 for the petroleum filling station or other premises concerned; and
b
“petroleum-spirit licence” has the same meaning as in section 23 of the Petroleum (Consolidation) Act 1928.
Instruction and training for drivers
26
1
Subject to paragraph (3), the operator of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall ensure that the driver of the vehicle concerned has received adequate instruction and training to enable him to understand —
a
the nature of the dangers to which the substance being carried may give rise and the action he should take in an emergency concerning it; and
b
his duties under these Regulations and sections 7 and 8 of the Health and Safety at Work etc. Act 1974.
2
Each operator shall keep a record of any training received by the driver of a vehicle pursuant to paragraph (1) whilst in his employment and shall make available a copy of that record to the driver concerned.
3
Nothing in paragraph (1) shall apply to the operator of any road tanker or other vehicle carrying a tank container which —
a
is being towed or otherwise moved by a break-down or recovery vehicle, insofar as —
i
both vehicles are being escorted by a vehicle used for police or fire brigade purposes, and
ii
the road tanker or other vehicle concerned is being driven to the nearest suitable safe place or depot with a view to it or any tank container which it is carrying being repaired, cleaned or purged prior to its safe removal;
b
is being towed or otherwise moved by a break-down or recovery vehicle, insofar as the driver of the break-down or recovery vehicle is accompanied by —
i
the driver of the road tanker or other vehicle which is being towed or otherwise moved as aforesaid, or
ii
some other person who has received —
aa
such training as is referred to in paragraph (1)(a), and
bb
adequate training to enable him to understand a driver’s duties under these Regulations and his own duties under sections 7 and 8 of the Health and Safety at Work etc. Act 1974;
c
is being driven by a person undergoing training under the immediate supervision of an instructor and the instructor has received —
i
such training as is referred to in paragraph (1)(a), and
ii
adequate training to enable him to understand a driver’s duties under these Regulations and his own duties under sections 7 and 8 of the Health and Safety at Work etc. Act 1974;
d
is being driven for the purposes of testing the vehicle by a fitter, vehicle tester or any other similar person, and that fitter, vehicle tester or other person —
i
has received —
aa
such instruction as is referred to in paragraph (1)(a), and
bb
adequate instruction to enable him to understand his duties under sections 7 and 8 of the Health and Safety at Work etc. Act 1974, or
ii
is accompanied by a person who has received —
aa
such instruction as is referred to in paragraph (1)(a), and
bb
adequate instruction to enable him to understand his duties under sections 7 and 8 of the Health and Safety at Work etc. Act 1974; or
e
is being driven by a police constable in an emergency and that constable has received such instruction as is referred to in paragraph (1)(a).
4
In this regulation, “break-down vehicle” has the same meaning as in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988 .
Information to be produced to police constables and goods vehicle examiners
27
1
Notwithstanding regulation 12(2), the driver of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall on request produce to any police constable or goods vehicle examiner the information in writing relating to that substance which was given to him in accordance with paragraph 12(1) and such other information in his possession as will enable that constable or examiner to know the identity and quantity of the dangerous substance being carried.
2
In this regulation, “goods vehicle examiner” has the meaning assigned thereto by section 68(2) of the Road Traffic Act 1988.
Exemption certificates
28
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, dangerous substance or class of dangerous substances, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time.
2
The Executive shall not grant any such exemptions unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case; it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Defence in proceedings for contravening these Regulations
29
In any proceedings for an offence under these Regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Revocations and modifications
30
1
Sections 5 and 18 of the Petroleum (Consolidation) Act 1928 shall cease to have effect in so far as they relate to the carriage of petroleum mixtures and liquid methane in a road tanker or tank container.
2
The Regulations specified in Column 1 of Part I of Schedule 5 are hereby revoked to the extent specified in Column 3 of that Part.
3
The Regulations specified in Part II of Schedule 5 are hereby modified to the extent specified in that Part.
Signed by the Authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
12th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Calculation of Council Tax Base) (Supply of Information) Regulations 1992 and shall come into force on 11th December 1992.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“special item” has the meaning given by section 45(1) of the Act;
“working day” means a day which is not a Saturday, Sunday or bank holiday.
Supply of information to billing authorities
3
1
In relation to each financial year (“the year”) a major precepting authority shall supply to a billing authority to which it has the power to issue a precept the information prescribed in paragraph (2) within the period prescribed for that information in paragraph (3).
2
The information is —
a
where part of the billing authority’s area falls within the area of the major precepting authority, the boundaries of that part;
b
the boundaries of the part or parts, if any, of the billing authority’s area to which it appears likely to the major precepting authority that one or more special items will relate for the year; and
c
the amounts, if any, which are determined by the major precepting authority in accordance with regulation 9 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 for item T in section 33(1) of the Act and item B in regulation 3 of those Regulations for the billing authority for the year.
3
The period is —
a
for the information prescribed in paragraph (2)(a) and (b), in relation to the financial year beginning on 1st April 1993, the period beginning on the day after these Regulations come into force and ending on 31st December 1992;
b
for the information prescribed in paragraph (2)(a) and (b), in relation to a financial year beginning on or after 1st April 1994 —
i
in the case of an English major precepting authority, the period beginning on 1st December and ending on 31st December in the preceding financial year; and
ii
in the case of a Welsh major precepting authority, the period beginning on 1st November and ending on 30th November in the preceding financial year; and
c
for the information prescribed in paragraph (2)(c), a period of three working days beginning with the day on which the determination is made.
Supply of information to local precepting authorities
4
1
In relation to each financial year (“the year”) a billing authority shall, where any local precepting authority which has the power to issue a precept to it makes a written request for such information in the preceding financial year, supply to that local precepting authority the information prescribed in paragraph (2) within the period prescribed for that information in paragraph (3).
2
The information is —
a
the amount determined by the billing authority for item TP in section 34(3) of the Act for the year for the part of its area falling within the local precepting authority’s area; or
b
an estimate of the amount referred to in sub-paragraph (a) where the billing authority has not, at the time the request is received, determined that amount.
3
The period is a period of ten working days beginning with the day on which the request is received by the billing authority.
Michael Howard
Secretary of State for the Environment
18th November 1992
David Hunt
Secretary of State for Wales
19th November 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Residential Care Homes (Amendment) Regulations 1992 and shall come into force on 1st October 1992.
2
In these Regulations “the principal Regulations ” means the Residential Care Homes Regulations 1984 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (fees on application for registration) —
a
in paragraph (1) the words “Subject to paragraph (2) of this regulation,” shall be omitted;
b
in paragraph (1)(a) for “£210” there shall be substituted “£230”;
c
in paragraph (1)(b) for “£770” there shall be substituted “£840”;
d
paragraph (2) shall be revoked.
Amendment of regulation 5 of the principal Regulations
3
In regulation 5(1) of the principal Regulations (annual fee) for “£37” there shall be substituted “£41”.
Revocations
4
Regulations 2 and 3 of the Residential Care Homes (Amendment) Regulations 1986 , regulations 2 and 3 of the Residential Care Homes (Amendment) Regulations 1988 , and regulations 5 and 6 of the Residential Care Homes (Amendment) Regulations 1991 are hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
19th August 1992


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1992, and shall come into force on 8th February 1992.
Interpretation
2
In this Order —
“the Council Regulation” means Council Regulation ( EEC ) No. 3882/91 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1992 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order, as read with any qualifying words relating to that provision in that column.
Offences
3
Where there is, in respect of —
a
any fishing boat registered in the United Kingdom wherever it may be, or
b
any other fishing boat which is within British fishery limits, a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and (b) either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers
6
1
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may go on board any fishing boat registered in the United Kingdom wherever it may be or any other fishing boat which is within British fishery limits;
b
may require any such boat to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the boat or any other person on board;
d
may require any person on board to assist him in the performance of his functions;
e
may take with him, to assist him in performing his functions, any other person and any equipment or materials; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 3 of this Order has been committed in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and if he has reasonable grounds to suspect that an offence has been committed within British fishery limits, the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may examine any fish on the premises;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of sea fish;
d
may take copies of any such document; and, if he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain any such document produced to him or found on the premises.
6
A British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Obstruction of officers
7
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or (c) assaults an officer who is exercising any of the powers conferred on him by article 6 of this Order or intentionally obstructs any such officer in the exercise of any of those powers, shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
8
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Offences by bodies corporate
9
Where an offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Proceedings
10
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation and saving
11
The Sea Fishing (Enforcement of Community Quota Measures) Order 1991 is hereby revoked, but without prejudice to the application of articles 6 to 8 of that Order in relation to the enforcement of article 3 of that Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th January 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheriesand Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
3rd February 1992
David Hunt
Secretary of State for Wales
30th January 1992
Peter Brooke
Secretary of State for Northern Ireland
6th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Havering Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Havering Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Havering Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Harold Wood Hospital, Gubbins Lane, Harold Wood, Romford, RM3 0BE and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Barking, Havering and Brentwood Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Barking, Havering and Brentwood Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Barking, Havering and Brentwood Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992