The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019

Document Number:2019 No. 111
 
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Statutory Rules of Northern Ireland

Radioactive Substances

Made

21 st May 2019

Coming into operation

18 th June 2019

The Department for the Economy(1) , being the Department concerned(2) , makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1 A of Schedule 2 to, the European Communities Act 1972(3) (“the 1972 Act”) , Articles 17(1) , (2) and (4) of, and paragraphs 1(1) , (2) and (4) , 2 , 8 , 12 and 13 of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”)(4).

The Department was designated(5) for the purposes of section 2(2) of the 1972 Act in relation to safety measures in regard to radioactive substances and the emission of ionising radiation(6) , measures relating to basic safety standards for health protection of the general public and workers against the dangers of ionising radiation, measures relating to informing the public about health protection measures to be taken in the event of a radiological emergency(7) and the environment(8).

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for references to Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom(9) to be construed as references to that Directive as amended from time to time.

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1 A)(10) of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)(11).

PART 1 Introductory

Citation and commencement

1. These Regulations may be cited as the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 18th June 2019.

Interpretation

2. In these Regulations, “the 2010 Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010(12).

PART 2 Amendment to the 2010 Regulations

Amendment to regulation 4 of the 2010 Regulations

3. In regulation 4 (application) ,

(a) after paragraph (1) , insert—

“(1 A) Part 5 of these Regulations also applies in relation to the carriage of class 7 goods by inland waterway.”;

(b) in paragraph (2) , for “These Regulations” substitute “Parts 1 to 4 , 6 and 7 of these Regulations”.

Radiation emergencies and notifiable events

4. For the heading to Part 5 , substitute “Radiation Emergencies and Notifiable Events”.

Amendment to regulation 20 (radiological emergencies)

5. For regulation 20 substitute—

“Radiation emergencies and notifiable events

20.—(1) This Part applies in relation to the carriage of class 7 goods only.

(2) Schedule 2 makes provision in connection with radiation emergencies and notifiable events.

(3) But this Part shall not apply to carriage by vehicles or wagons belonging to or under the responsibility of one of the armed forces.”.

6. For Schedule 2 , substitute the Schedule 2 set out in the Schedule to these Regulations.

Transitional provisions

7.—(1) Any person who had a duty under Schedule 2 to the 2010 Regulations prior to these Regulations coming into operation shall continue to comply with the provisions of that Schedule, as that Schedule had effect before the amendments made in regulations 5 and 6 , until the relevant day.

(2) After the relevant day, the amendments to the 2010 Regulations made by these Regulations shall be complied with in full, save that any test of an emergency plan carried out in the three years prior to the relevant day is to be treated as though it were a test undertaken pursuant to paragraph 5 of Schedule 2.

(3) In this regulation, “the relevant day” means the day twelve months after the day on which these Regulations come into operation.

Sealed with the Official Seal of the Department for the Economy on 21 st May 2019.

Colin Jack

A senior officer of the Department for the Economy

Regulation 6

SCHEDULERadiation Emergencies and Notifiable Events

This Schedule sets out the Schedule to be substituted for Schedule 2 to the 2010 Regulations (in accordance with regulation 6 above)—

Regulation 20

“SCHEDULE 2 Radiation Emergencies and Notifiable Events

PART 1 Radiation Emergencies

Interpretation of Part 1

1.—(1) In this Part of this Schedule—

“the 2017 Regulations” means the Ionising Radiations Regulations (Northern Ireland) 2017(13);

“dose consequences” means the consequences to an individual of being exposed to a specific quantity of ionising radiation as the result of a radiation emergency;

“duty holder” means—

a consignor; or

a carrier;

“emergency exposure” means an exposure to ionising radiation of an employee engaged in any activity of, or associated with, the response to a radiation emergency or potential radiation emergency in order—

to bring help to endangered persons;

to prevent exposure of a large number of persons; or

to save a valuable installation or goods;

whereby one of the individual dose limits referred to in regulation 12 of the 2017 Regulations could be exceeded;

“emergency services” means—

those police, fire and ambulance services that are likely to be required to respond to a radiation emergency; and

where appropriate, the Maritime and Coastguard Agency;

“emergency worker” means—

a member of the emergency services who has a defined role in an emergency plan;

a person employed, whether or not by a duty holder, to assist in the transition from emergency state; or

any other person or organisation that is identified in an emergency plan as having a role in providing assistance in the handling of a radiation emergency;

“escort commander” means a person who is responsible for the escort of a package;

“health authority” means the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(14);

“ionising radiation” means the energy transferred in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less, or a frequency of 3 x 1015 hertz or more, capable of producing ions directly or indirectly;

“radiation emergency” means a non-routine situation or event arising during the carriage of class 7 goods that necessitates prompt action to mitigate the serious consequences—

of a hazard resulting from that situation or event;

of a perceived risk arising from such a hazard; or

to one or more of the following—

human life;

health and safety;

quality of life;

property;

the environment;

(2) In this Part of this Schedule any reference to an effective dose means the sum of the effective dose to the whole body from external radiation and the committed effective dose from internal radiation.

(3) For the purposes of this Part of this Schedule, a person assists in the handling of a radiation emergency if the person takes any steps that it is reasonable to take in the prevailing circumstances to reduce or prevent exposure.

(4) For the purposes of sub-paragraph (3) , “prevailing circumstances” include—

(a) the weather;

(b) the time at which the emergency occurred;

(c) the distribution of the local population;

(d) the nature and contents of the package involved in the emergency;

(e) the stability of the contents of that package;

(f) the local geography and ecology;

(g) any other hazards;

(h) the relative importance of the emergency in relation to other calls that are being made upon the emergency services.

Evaluation and risk assessment

2. Where a duty holder carries out work involving the carriage of any package containing ionising radiation for the first time, that duty holder shall comply with the provisions of regulation 8 of the 2017 Regulations as if that duty holder were an employer.

Emergency plans

3.—(1) Before the carriage of a package begins, the duty holder shall make an adequate emergency plan designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by a...

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