
1 
These Regulations may be cited as the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 and come into operation on 28 May 2012.
2 
The Carriage of Explosives Regulations (Northern Ireland) 2010  are amended as provided for in regulations 3 to 9.
3 

(1) In regulation 2, the Table in paragraph (5) is amended as follows.
(2) After the row in which the expression “the 2006 Regulations(2)” is given a meaning, insert—“
“the 2010 Regulations (1)” The Carriage of Explosives Regulations (Northern Ireland) 2010.
“the 2010 Regulations (2)” The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010.”
(3) The row in which the expression “conformity mark” is given expression is removed.
(4) For the meaning of “the Transportable Pressure Equipment Directive” in column 2 substitute—“
 Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC, and 1999/36/EC.”
4 

(1) Regulation 3 is amended as follows.
(2) In paragraphs (b) and (c), for “Communities” substitute “EU”.
(3) Omit paragraph (f).
(4) In paragraph (i) at the end omit “and”.
(5) In paragraph (j) at the end for “.” substitute—“
(k) Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a “Contracting Party” were included after the word “assigned”; and
(l) Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a member State of COTIF” were included after the word “assigned”.”
5 
Regulation 6 (Classification of goods) is revoked.
6 

(1) Regulation 12 is amended as follows.
(2) In paragraph (3)—
(a) Substitute “shall be” for “is”.
(b) Remove the reference to the words “to be”.
(c) Before “Dangerous”, insert “Carriage of”.
7 

(1) Regulation 14 is amended as follows.
(2) In paragraph (4)(b)(i) for “29(1) of the 2006 ” substitute “25(2) of the 2010 ”.
(3) In paragraph (6)(d) for “article 5” substitute “article 13 and Annex 3” and for “(including regulation 40 of the 2006” substitute “(including regulation 17 of the 2010”.
8 
For regulation 17(9) substitute—“
(9) “Military explosive” means any class 1 goods—
(i) under the control of the Secretary of State for Defence;
(ii) held for the service of the Crown for the purpose of the Ministry of Defence;
(iii) under the control of the armed forces, or
(iv) the carriage of which is certified by the Secretary of State for Defence to be in connection with the execution of a contract with the Secretary of State for Defence or with one of the armed forces.”.
9 
For Regulation 22 substitute—“
22. 

(1) The enforcing authority for these Regulations is—
(a) the Department of Justice in relation to road, rail and inland waterways;
(b) the Chief Constable in relation to road; and
(c) the Secretary of State for Defence in relation to road, rail and inland waterways but only in connection with those functions for which the Secretary of State for Defence is the Northern Ireland competent authority.”
10 
The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 are revoked.
11 
The statutory provisions specified in the Table in the Schedule are amended in accordance with the provisions of that Table.
Sealed with the Official Seal of the Department of Justice on 25th April 2012
(L.S.)David Ford
Minister of Justice

SCHEDULE 1
Regulation 11

Enactments to be amended Articles and Regulations to be amended Amendments to be made
The Explosives in Harbour Areas Regulations (Northern Ireland) 1995  Regulation 2(1) Omit the definition of “the 1991 Regulations”.For the definition of “military explosive” substitute ““military explosive” has the same meaning as in regulation 17(9) of the Carriage of Explosives Regulations (Northern Ireland) 2010.”
The Placing on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 1993  Regulation 2(1) Omit the definition of “the 1991 Regulations”.In the definition of “explosives”, for “assigned on classification in accordance with the 1991 Regulations to” substitute “classified in accordance with the UN Recommendations as falling within”At the end of the definition of “notified body” insert “and “UN Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (resolution 645G (XXIII) of 26th April 1957)) as revised or re-issued from time to time.
The Marking of Plastic Explosive for Detection Regulations (Northern Ireland) 1996  Regulation 2(1) For the definition of “explosive article” and “explosive substance” substitute—“
 “explosive article” means an article containing one or more explosive substances;
 “explosive substance” means a substance or preparation in a wholly gaseous form or in the form of a vapour, which is—
 Capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such speed as could cause damage to surroundings; or
 Designed to produce an effect by heat, light, wound, gas or smoke, or a combination of these as a result of a non-detonative, self- sustaining, exothermic chemical reaction.””
Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003  Schedule 5 Omit “Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 (S.R 1991 No. 516)”
The Pyrotechnic Articles (Safety) Regulations 2010 Regulation 46 and 47 In regulations 46(5) insert at the end “or the Carriage of Explosives Regulations (Northern Ireland) 2010 on or after 28 May 2012.”Regulation 47 is amended as follows.In paragraph (5)(b) substitute ““on or after 4th July 2013” with “28 May 2012”.”In regulation 47(5)(b) omit “or”.In regulation 47(5)(c) for “.”substitute “;or”.Insert after 47(5)(c) “(d) for the purposes of the Carriage of Explosives Regulations (Northern Ireland) 2010 before or after the 4th July 2013.”
The Explosives (Fireworks) Regulations (Northern Ireland) 2002  Regulation 9(2) For regulation 9(2) substitute “ (2) In paragraph 1 “classified” means classified in accordance with regulation 5 of the Carriage of Explosives Regulations (Northern Ireland) 2010.”