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2002 No. 2099

HEALTH AND SAFETY

The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002

  Made 6th August 2002 
  Laid before Parliament 12th August 2002 
  Coming into force 2nd September 2002 


ARRANGEMENT OF REGULATIONS


PART I

INTRODUCTION
1. Citation and commencement
2. Interpretation
3. Meaning of "operator"
4. Application
5. Revocations

PART II

GENERAL
6. Determination of radioactive material
7. Determination of the transport index
8. Determination of the criticality safety index
9. Duties of a consignor of radioactive material
10. Duties of a train operator
11. Duties of a consignee
12. Duties of the operator of a wagon, a container, a tank container, a portable tank and a tank wagon
13. Duties of the designers of packages and manufacturers of packagings

PART III

APPROVALS AND NOTIFICATIONS
14. Approval of package designs
15. Approval of design for special form radioactive material and for low dispersible radioactive material
16. Shipment approvals other than approvals for shipments under special arrangement
17. Approval of shipments under special arrangement
18. Notification and registration of serial numbers

PART IV

QUALITY ASSURANCE AND TRAINING
19. Quality assurance
20. Training of persons involved in the carriage of radioactive material

PART V

SECURITY MEASURES AND EMERGENCY ARRANGEMENTS
21. Security
22. Emergencies
23. Emergency plans
24. Marshalling and formation of trains
25. Prevention of fire, explosion and leakage

PART VI

MISCELLANEOUS
26. Keeping of information
27. Exemption certificates
28. Defence
29. International provisions
30. Transitional provisions
31. Amendments to the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
32. Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2001

SCHEDULES

  Schedule 1: Definitions of "mine" and "owner"

  Schedule 2: Revocations

  Schedule 3: Transitional Provisions

  Schedule 4: Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2001

The Secretary of State in the exercise of the powers conferred on him by sections 15(1), (2), (4)(b), (5)(b), (6)(b) and 82(3)(a) of, and paragraphs 1(1) to (4), 3, 4(1), 14, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[
1] ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:



PART I

INTRODUCTION

Citation and commencement
     1. These Regulations may be cited as the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 and shall come into force on 2nd September 2002.

Interpretation
    
2.  - (1) In these Regulations, unless the context otherwise requires - 

which has limited dispersibility and is not in powder form;

but does not include an intermediate bulk container;

which meets the requirements of RID paragraph 2.2.7.4;

and in this definition, "items of equipment" includes equipment used to facilitate the movement of the container without significant change of attitude;

and in this definition, "items of equipment" means running gear, suspension, buffing, traction, braking gear and inscriptions;

    (2) For the purposes of these Regulations - 

    (3) For the purposes of these Regulations, the members of the crew of a train shall include the driver, guard and any other person on board the train in question who has responsibilities related to the carriage of radioactive material on that train.

    (4) For the purposes of these Regulations, a package shall be deemed to be engaged in the carriage of radioactive material from the applicable time until the time when the package - 

    (5) In paragraph (4), "the applicable time" means - 

    (6) For the purposes of these Regulations, a multilateral approval may be demonstrated by the validation by a competent authority, other than the competent authority of the State of origin of the design or shipment in question, of the original certificate of approval relating to such design or shipment.

    (7) A validation referred to in paragraph (6) may be effected by means of - 

    (8) A reference in these Regulations to - 

Meaning of "operator"
     3.  - (1) For the purposes of these Regulations, the operator of a wagon, a container, a tank container, a portable tank or a tank wagon used for the carriage of radioactive material shall be - 

    (2) Subject to paragraph (3), for the purposes of paragraph (1), a person to whom a wagon, a container, a tank container, a portable tank or tank wagon is leased or hired shall be deemed to be the owner of that wagon, container, tank container, portable tank or tank wagon, as the case may be.

    (3) Paragraph (2) shall not apply where the lessor, or as the case may be, the hirer of the wagon, the container, the tank container, the portable tank or the tank wagon has made a written agreement with the person to whom he has leased or hired the wagon, the container, the tank container, the portable tank or the tank wagon to the effect that the lessor or the hirer shall assume the responsibilities of the owner imposed by or under these Regulations.

Application
    
4.  - (1) Subject to the following paragraphs of this regulation, these Regulations apply to, and in relation to, the carriage of radioactive material by rail.

    (2) Regulations 6 to 19 shall not apply to, or in relation to, the carriage of radioactive material where - 

    (3) The provisions specified in paragraph (4) shall not apply to, or in relation to, the carriage of radioactive material where the carriage forms part of a transport operation which includes transport by road in Great Britain.

    (4) The provisions referred to in paragraph (3) are - 

    (5) These Regulations shall not apply to, or in relation to, the carriage of radioactive material where the radioactive material in question is - 

    (6) These Regulations shall not apply to, or in relation to, the carriage of any natural material or ore which contains a naturally occurring radionuclide where - 

    (7) These Regulations shall not apply to, or in relation to, the carriage of radioactive material where - 

    (8) These Regulations shall not apply to, or in relation to, the carriage of radioactive material - 

    (9) These regulations shall not apply to the carriage of radioactive material - 

when the carriage is undertaken on behalf of a Department of the Government of the United Kingdom or when the carriage is undertaken in connection with the execution of a contract with any such Department.

    (10) These Regulations do not apply to, or in relation to - 

    (11) In this regulation - 

Revocations
     5. Schedule 2 shall have effect.



PART II

GENERAL

Determination of radioactive material
    
6.  - (1) Before a consignor of radioactive material consigns the radioactive material for carriage, he shall determine whether the radioactive material is either - 

and, if it is, the consignor shall then determine which type of package shall be used in accordance with the provisions of RID Section 2.2.7 for the carriage of that radioactive material.

    (2) If a consignor of radioactive material determines that the radioactive material for carriage - 

then he shall ascertain the activity level of the radioactive material in accordance with the table, and other requirements specified, in RID sub-paragraph 2.2.7.7.2 in order to determine which type of package described in RID sub-paragraph 2.2.7.7.1 shall be used for the carriage of that radioactive material.

Determination of the transport index
    
7.  - (1) Before a consignor of radioactive material consigns - 

he shall determine the transport index for the overpack, the container, the wagon, the tank, the package, the unpackaged LSA-I or the unpackaged SCO-I, as the case may be, in accordance with the procedure contained in RID sub-paragraph 2.2.7.6.1.

    (2) In this regulation, "transport index" means a number which is - 

Determination of the criticality safety index
    
8. Before a consignor of radioactive material consigns a consignment containing fissile material, he shall determine the criticality safety index for that consignment in accordance with RID sub-paragraph 2.2.7.6.2.

Duties of a consignor of radioactive material
    
9.  - (1) A consignor shall ensure that the radioactive material is prepared for carriage in accordance with RID.

    (2) A consignor shall ensure that the operator of the train which is used for the carriage of the radioactive material and the operator of any wagon, container, tank container, portable tank or tank wagon which is used for such carriage are furnished with - 

relating to the carriage and consignment in question, taking into account the requirements contained in RID Chapter 5.4 and the tables contained in RID Part 3.

    (3) A consignor shall ensure that, in relation to the consignment in question, there are used only packagings - 

    (4) A consignor shall ensure that, in relation to the consignment in question, the requirements specified in RID concerning - 

are complied with.

    (5) A consignor shall ensure that a tank which is empty and uncleaned - 

    (6) A consignor shall ensure that - 

    (7) A consignor shall ensure that the requirements specified in RID relating to - 

are complied with.

    (8) A consignor shall ensure that - 

    (9) Prior to handing over a package for carriage, a consignor shall ensure that the requirements specified in RID paragraph 4.1.9.1.2 relating to the permissible levels of non-fixed contamination on the external surfaces of a package are complied with.

    (10) Without prejudice to the generality of paragraphs (1) to (8), a consignor shall ensure that the requirements contained in - 

so far as they relate to the radioactive material and the consignment in question, are complied with.

    (11) In this regulation - 

Duties of a train operator
    
10.  - (1) A train operator shall not carry a consignment until he has ensured that - 

    (2) If, during the carriage of radioactive material, a train operator is of the opinion that there has been a breach of any of the provisions of these Regulations or RID such that the safety of the carriage has been, is or could be at risk, the train operator shall stop the carriage as soon as possible, taking account of - 

    (3) Where a train operator has stopped the carriage of radioactive material in accordance with paragraph (2), the train operator may continue the carriage - 

    (4) A train operator shall ensure that - 

are furnished prior to carriage with the information and data and consignment notes and accompanying documents relating to the carriage and consignment in question which are furnished to that train operator by the consignor of radioactive material in accordance with regulation 9(2).

    (5) A train operator shall ensure that - 

which have not been cleaned are marked and placarded in accordance with the requirements specified in RID Chapter 5.3.

    (6) Without prejudice to the generality of paragraphs (1) to (4), the operator of a train which carries radioactive material shall ensure that the requirements specified in RID paragraph 2.2.7.9 and RID Chapters 7.5 and 7.6 relating to the carriage in question are complied with.

Duties of a consignee
    
11.  - (1) A consignee of radioactive material shall ensure that - 

    (2) A person may refuse to accept a consignment if acceptance - 

Duties of the operator of a wagon, a container, a tank container, a portable tank and a tank wagon
    
12.  - (1) The operator of a wagon, a container, a tank container, a portable tank or a tank wagon which is used for the carriage of radioactive material shall ensure that - 

    (2) Without prejudice to the generality of paragraph (1), the operator of a wagon which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that wagon are complied with.

    (3) Without prejudice to the generality of paragraph (1), the operator of a container which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that container are complied with.

    (4) Without prejudice to the generality of paragraph (1), the operator of a tank container which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that tank container are complied with.

    (5) Without prejudice to the generality of paragraph (1), the operator of a portable tank which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that portable tank are complied with.

    (6) Without prejudice to the generality of paragraph (1), the operator of a tank wagon which is used for the carriage of radioactive material shall ensure that the requirements contained in the RID provisions relating to that tank wagon are complied with.

    (7) The operator of a wagon, a container, a tank container, a portable tank or a tank wagon shall ensure that orange plates, labels and placards are affixed on the wagon, the container, the tank container, the portable tank or the tank wagon, as the case may be, in accordance with RID Chapter 5.3.

    (8) During the carriage of the radioactive material in question, the operator of the wagon, the container, the tank container, the portable tank or the tank wagon, as the case may be, which is used for the carriage of the radioactive material shall ensure that the requirements specified in RID sub-paragraph 4.1.9.1.2 and RID sub-paragraph 4.1.9.1.4 are complied with.

    (9) In this regulation, "the RID provisions" means RID Sections 4.2.1, 4.2.4, 4.3.1, 4.3.2, 4.3.4 and 4.3.5 and RID Part 7, except RID Chapter 7.7.

Duties of the designers of packages and manufacturers of packagings
    
13. The designer of a package and the manufacturer of a packaging to be used in the carriage of radioactive material shall ensure that the requirements contained in RID Sections 6.4.2 to 6.4.21 relating to the design of the package, or, as the case may be, the manufacture of the packaging, are complied with.



PART III

APPROVALS AND NOTIFICATIONS

Approval of package designs
    
14.  - (1) No person shall cause or permit the carriage of - 

unless the design of the package in question has been approved in accordance with the requirements of RID Section 6.4.22 which relate to that package.

    (2) Where an application for the approval of a design of a package referred to in paragraph (1) is made to the Secretary of State, the application shall be in writing and - 

    (3) When granting an approval in respect of an application made pursuant to paragraph (2), the Secretary of State shall - 

Approval of design for special form radioactive material and for low dispersible radioactive material
     15.  - (1) No person shall cause or permit the carriage of special form radioactive material unless the design for that special form radioactive material has been granted unilateral approval.

    (2) No person shall cause or permit the carriage of low dispersible radioactive material unless the design for that low dispersible radioactive material has been granted multilateral approval.

    (3) Where an application for the approval of a design for special form radioactive material or for low dispersible radioactive material is made to the Secretary of State, the application - 

    (4) When granting an approval in respect of an application made pursuant to paragraph (3), the Secretary of State shall - 

Shipment approvals other than approvals for shipments under special arrangement
    
16.  - (1) Subject to paragraph (3), no person shall cause or permit to be made a shipment of any of the packages specified in paragraph (2) without multilateral approval for the shipment.

    (2) The packages referred to in paragraph (1) are - 

    (3) Paragraph (1) shall not apply as regards carriage in Great Britain where the Secretary of State has authorised in the design approval for the package in question that the package may be carried in Great Britain without an approval for its shipment.

    (4) Where an application for a shipment approval referred to in paragraph (1) is made to the Secretary of State under this regulation, the application - 

    (5) When granting an approval in respect of an application made pursuant to paragraph (4), the Secretary of State shall - 

    (6) An approval granted by the Secretary of State under regulation 14 and this regulation may be combined into a single approval.

Approval of shipments under special arrangement
    
17.  - (1) This regulation shall apply where it is impracticable for a consignment to comply with the requirements of RID and these Regulations which apply to that consignment.

    (2) No person shall cause or permit a shipment in the circumstances referred to in paragraph (1) except under special arrangement with the approval of the Secretary of State.

    (3) The Secretary of State shall not approve a shipment under special arrangement unless he is satisfied that - 

    (4) An application for the approval by the Secretary of State of a shipment under special arrangement - 

    (5) When granting an approval in respect of an application made pursuant to paragraph (4), the Secretary of State shall - 

Notification and registration of serial numbers
    
18.  - (1) The manufacturer of a packaging manufactured to a design approved by the Secretary of State pursuant to these Regulations shall - 

    (2) The Secretary of State shall maintain a register of the serial numbers of which he is notified pursuant to paragraph (1).



PART IV

QUALITY ASSURANCE AND TRAINING

Quality assurance
    
19.  - (1) Insofar as they are matters within his control, it shall be the duty of - 

to comply with the requirements contained in paragraph (2).

    (2) The requirements referred to in paragraph (1) are to establish and maintain an adequate quality assurance programme in order to ensure that the provisions of these Regulations and RID relating to the design, manufacture, testing, documentation, use, maintenance, inspection and carriage of packages, packagings and relevant material are complied with.

    (3) Where the Secretary of State is required to approve - 

under these Regulations, the Secretary of State shall not give his approval unless he is satisfied that the quality assurance programme for the design or the shipment is adequate.

    (4) In relation to an approved package, and in so far as they are matters within his control, it shall be the duty of a person referred to in paragraph (1), when so requested to do so by the Secretary of State - 

    (5) In this regulation - 

Training of persons involved in the carriage of radioactive material
    
20.  - (1) A relevant employer shall ensure that each of his employees who has responsibilities relating to the carriage of radioactive material has received the information, instruction and training appropriate to those responsibilities to enable him to understand - 

    (2) A relevant employer and each employee of that employer who has responsibilities relating to the carriage of radioactive material shall keep a record of the training received by that employee pursuant to paragraph (1) whilst in the employment of the relevant employer.

    (3) Where a person has been employed by a relevant employer and that person is employed by another relevant employer, that other relevant employer - 

    (4) An employee who is requested, pursuant to paragraph (3), to provide a copy of the record of training maintained by him, shall provide such a copy within seven days of the day on which the request was made.

    (5) In this regulation, "relevant employer" means - 



PART V

SECURITY MEASURES AND EMERGENCY ARRANGEMENTS

Security
    
21. Every person engaged in the carriage of radioactive material shall take all reasonable steps to ensure that unauthorised access to the radioactive material is prevented.

Emergencies
    
22.  - (1) Subject to paragraph (2), where there is an immediate risk of injury to an individual arising out of the carriage of radioactive material, it shall be the duty of every person involved in the carriage of that radioactive material - 

    (2) A person shall not be under the duty referred to in paragraph (1) where that person knows that the emergency services have been notified of the immediate risk in question.

Emergency plans
    
23.  - (1) Every train operator whose train is used for the carriage of radioactive material shall draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving radioactive material carried on that train.

    (2) Every facility owner at whose railway facility is present radioactive material shall draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving radioactive material present at that railway facility.

    (3) Every infrastructure controller on whose railway track is carried radioactive material shall draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving radioactive material carried on that railway track.

    (4) Every person referred to in paragraphs (1), (2) and (3) shall co-operate with each other in order to ensure effective co-ordination of their respective safety systems and procedures.

Marshalling and formation of trains
    
24. The operator of a train which is being used for the carriage of radioactive material shall ensure that all necessary precautions are taken during the marshalling or formation of that train to prevent the creation of a significant risk or the significant increase of any existing risk to the health or safety of any person.

Prevention of fire, explosion and leakage
    
25. No person shall cause or permit anything to be done which is liable to create a significant risk or significantly increase any existing risk of a fire, an explosion or a leakage whilst radioactive material is being carried by rail.



PART VI

MISCELLANEOUS

Keeping of information
    
26.  - (1) For a period of two years from the date of the commencement of the carriage in question, a consignor of radioactive material shall retain any information in his possession derived from measurements of contamination taken to ensure that he complies with the duty imposed on him by virtue of regulation 9(9).

    (2) For a period of two years from the date of the commencement of the carriage in question, an operator of a wagon, a container, a tank container, a portable tank or a tank wagon which is used to carry the radioactive material shall retain any information in his possession derived from measurements of contamination taken to ensure that he complies with the duty imposed on him by virtue of regulation 12(8).

    (3) For a period of two years from the date of the commencement of the carriage in question - 

shall each keep a record of the relevant information relating to the carriage and the consignment.

    (4) The designer, manufacturer and consignor of - 

as the case may be, shall retain all information in their possession relating to the design, manufacture, testing and maintenance of the package, packaging or special form radioactive material in question, including (without prejudice to the generality of the foregoing) specifications, calculations, test results, quality assurance programmes and manufacturing records, for so long as the package, packaging or special form radioactive material in question is in use for the carriage of radioactive material.

    (5) In this regulation, "relevant information" means - 

referred to in regulation 9(2).

Exemption certificates
    
27.  - (1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt - 

from all or any of the requirements or prohibitions imposed by these Regulations.

    (2) The Executive shall not grant an exemption pursuant to paragraph (1) unless, having regard to the circumstances of the case, and in particular to - 

it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.

    (3) In the interests of national security, the Secretary of State for Defence may, by a certificate in writing, exempt any person from all or any of the requirements or prohibitions imposed by these Regulations.

    (4) An exemption granted pursuant to paragraph (1) or paragraph (3) may be granted subject to conditions and to a limit of time.

    (5) An exemption granted pursuant to - 

at any time by a certificate in writing.

Defence
    
28.  - (1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations, it shall be a defence, subject to paragraphs (2) and (3), for the person charged to prove - 

    (2) The person charged shall not be entitled, without leave of the court, to rely on the defence referred to in paragraph (1) unless, at least seven clear days - 

he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, the other person as was then in his possession.

    (3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, the other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.

International provisions
    
29.  - (1) This regulation applies to the carriage of radioactive material prior to or following maritime carriage or air carriage.

    (2) Subject to paragraph (3), where any provision of regulation 6-19 applies to a matter to which the ICAO Technical Instructions or, as the case may be, the IMDG Code apply, the provisions of the regulation in question shall be deemed to be sufficiently complied with in relation to that matter, if - 

are satisfied in relation to that matter.

    (3) Paragraph (2) shall not apply where the radioactive material in question is not considered to be dangerous goods in accordance with the provisions of the ICAO Technical Instructions or, as the case may be, of the IMDG Code.

    (4) The conditions referred to in paragraph (2) are - 

    (5) In this regulation - 

Transitional provisions
     30.  - (1) Schedule 3 shall have effect.

    (2) The Secretary of State shall continue to maintain a register of the serial numbers assigned to packagings notified to him before the date on which these Regulations come into force.

Amendments to the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
    
31. Paragraph 2(b) of Schedule 1 to the Transport of Dangerous Goods (Safety Advisers) Regulations 1999[15] shall be omitted and replaced by - 

Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2001
     32. Schedule 4 shall have effect.



Signed by authority of the Secretary of State


John Spellar
Minister of State, Department for Transport

6th August 2002



SCHEDULE 1
Regulation 2(1)


DEFINITIONS OF "MINE" AND "OWNER"




PART I

DEFINITION OF "MINE"

     1. In these Regulations, the expression "mine" means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals.

     2. For the purposes of these Regulations, subject to paragraph 3, there shall be deemed to form part of a mine so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the shafts or outlets of the mine as is occupied together with the mine for the purpose of, or in connection with, the working of the mine, the treatment, preparation for sale, consumption or use, storage or removal from the mine of the minerals or products thereof gotten from the mine or the removal from the mine of the refuse thereof.

     3. For the purposes of these Regulations, there shall not be deemed to form part of a mine premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the mine or the preparation for sale of minerals gotten therefrom.

     4. For the purposes of these Regulations, premises for the time being used for depositing refuse from a single mine, being premises exclusively occupied by the owner of that mine, shall be deemed to form part of that mine, and premises for the time being used for depositing refuse from two or more mines, being premises occupied by the owner of one of those mines (either exclusively or jointly with the owner of the other or any of the others) shall be deemed to form part of such one of those mines as the Executive may direct.

     5. For the purposes of these Regulations, a railway line serving a single mine (not being a railway line falling within paragraph 2 or a railway line belonging to a railway company) shall be deemed to form part of that mine and a railway line jointly serving two or more mines (not being a railway line falling within paragraph 2 or a railway line belonging to a railway company) shall be deemed to form part of such one of them as the Executive may direct.

     6. For the purposes of these Regulations, a conveyor or aerial ropeway provided for the removal from a mine of minerals gotten therefrom or refuse therefrom shall be deemed to form part of a mine.



PART II

MEANING OF "OWNER"

     7. Subject to paragraph 8, in these Regulations, the expression "owner" means, in relation to a mine, the person for the time being entitled to work it.

     8. Where the business of a person who, by virtue of paragraph 7 is, for the purposes of these Regulations, to be taken to be the owner of a mine is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of these Regulations to be an additional owner of the mine.



SCHEDULE 2
Regulation 5


REVOCATIONS


Regulations revoked References Extent of revocation
The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 S.I. 1996/2090 The whole Regulations.
The Carriage of Dangerous Goods (Amendment) Regulations 1999 S.I. 1999/303 Regulation 6 and Schedule 5.
The Quarries Regulations 1999 S.I. 1999/2024 In Part II of Schedule 5, the thirteenth paragraph (The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996).
The Ionising Radiations Regulations 1999 S.I. 1999/3232 In Schedule 9, paragraph 7.
The Railways (Safety Case) Regulations 2000 S.I. 2000/2688 In Schedule 3, the third paragraph (The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996).



SCHEDULE 3
Regulation 30


TRANSITIONAL PROVISIONS




PART I

INTERPRETATION

     1. In this Schedule - 



PART II

PACKAGES NOT REQUIRING COMPETENT AUTHORITY APPROVAL OF DESIGN UNDER THE 1985 INTERNATIONAL SAFETY REGULATIONS

     2. This Part of this Schedule has effect in relation to - 

whose design did not require the approval of a competent authority in accordance with the 1985 International Safety Regulations.

     3. Any person may use for the carriage of radioactive material a package referred to in paragraph 2 manufactured before 1st January 2004 if, in relation to the package in question - 

     4. No person shall use for the carriage of radioactive material a package referred to in paragraph 2 which is manufactured after 31st December 2003 unless the package meets the requirements of these Regulations and RID.

     5. Subject to paragraph 6, no person shall use for the carriage of radioactive material a package referred to in paragraph 2 which is modified after 31st December 2003 unless the package meets the requirements of these Regulations and RID.

     6. Paragraph 5 shall not apply where the modification in question is made in order to, and does, improve the safety of the package.

     7. Any person may use for the carriage of radioactive material a package referred to in paragraph 2 which has been prepared for transport in accordance with the requirements of the 1985 International Safety Regulations before 1st January 2004.

     8. No person shall use for the carriage of radioactive material a package referred to in paragraph 2 which has been prepared for transport after 31st December 2003, unless that package meets the requirements of these Regulations and RID.



PART III

PACKAGE DESIGNS APPROVED UNDER THE 1973 INTERNATIONAL SAFETY REGULATIONS

     9.  - (1) This Part of this Schedule has effect in relation to packagings which have been manufactured to a package design approved by a competent authority in accordance with the 1973 International Safety Regulations.

    (2) For the purposes of this paragraph, evidence that a package design has been approved by a competent authority in accordance with the 1973 International Safety Regulations shall be in the form of an approval certificate issued by the competent authority in question certifying that the package design meets the requirements of the 1973 International Safety Regulations, irrespective of any period of limitation on the approval certificate.

     10.  - (1) Any person may use for the carriage of radioactive material a packaging referred to in paragraph 9 if and for so long as, in relation to the packaging in question - 

    (2) For the purposes of sub-paragraph (1)(a) of this paragraph, evidence that a package design has been granted multilateral approval shall be in the form of an approval certificate issued by the Secretary of State certifying that the package design meets the requirements of the 1973 International Safety Regulations.

     11. No person shall commence the manufacture of a packaging to a design referred to in paragraph 9 after the date on which these Regulations come into force.

     12. Where - 

that person shall ensure that the requirements of these Regulations and RID are complied with.

     13. A person who carries or causes to be carried radioactive material in a packaging referred to in paragraph 9 shall ensure that a serial number is allocated to, and marked on the outside of, the packaging in accordance with RID sub-paragraph 5.2.1.7.5.



PART IV

PACKAGE DESIGNS APPROVED UNDER THE 1985 INTERNATIONAL SAFETY REGULATIONS

     14.  - (1) This Part of this Schedule shall have effect in relation to a packaging which has been manufactured to a package design approved by a competent authority in accordance with the 1985 International Safety Regulations.

    (2) For the purposes of this paragraph, evidence that a package design has been approved by a competent authority in accordance with the 1985 International Safety Regulations shall be in the form of an approval certificate issued by the competent authority in question certifying that the package design meets the requirements of the 1985 International Requirements, irrespective of any period of limitation on the approval certificate.



     15. Up to and including 31st December 2003, any person may use for the carriage of radioactive material a packaging referred to in paragraph 14 if and for so long as, in relation to the packaging in question - 

     16. After 31st December 2003, any person may use for the carriage of radioactive material a packaging referred to in paragraph 14 if, in relation to the packaging in question - 

     17. Where - 

that person shall ensure that the requirements of these Regulations and RID are complied with.

     18. Any person who manufactures a packaging to a design referred to in paragraph 14 after 31st December 2006 shall ensure that the packaging meets the requirements of these Regulations and RID.



PART V

SPECIAL FORM RADIOACTIVE MATERIAL APPROVED UNDER THE 1973 INTERNATIONAL SAFETY REGULATIONS OR THE 1985 INTERNATIONAL SAFETY REGULATIONS

     19. This Part of this Schedule has effect in relation to special form radioactive material which has been manufactured to a design granted unilateral approval by a competent authority in accordance with the 1973 International Safety Regulations or the 1985 International Safety Regulations.

     20. Up to and including 31st December 2003, any person may use special form radioactive material referred to in paragraph 19 if and for so long as all the requirements contained in regulation 19(2) are complied with by the persons, referred to in regulation 19(1), who are under a duty to comply with such requirements.

     21. Any person who manufactures special form radioactive material to a design referred to in paragraph 19 after 31st December 2003 shall ensure that the special form radioactive material meets the requirements of these Regulations and RID.



SCHEDULE 4
Regulation 32


AMENDMENTS TO THE RADIATION (EMERGENCY PREPAREDNESS AND PUBLIC INFORMATION) REGULATIONS 2001


Interpretation
     1. In this Schedule, "the principal Regulations" means the Radiation (Emergency Preparedness and Public Information) Regulations 2001[
17].

Amendment of the principal Regulations
     2. The principal Regulations shall be amended in accordance with paragraphs 3 to 10 of this Schedule and any reference in those paragraphs to any specified provision shall be taken to be a reference to the provision so specified of the principal Regulations.

     3. In regulation 2(1) - 

     4. In regulation 3 - 

     5. In regulation 18(3), for the words "to the extent that this regulation" there shall be substituted the words "in relation to Her Majesty's Forces to the extent that compliance with those requirements".

     6. In regulation 19, for the words "regulations 17 and 21" there shall be substituted the words "regulation 17".

     7. Regulation 22 shall be revoked.

     8. In Part I of Schedule 2, in column 3 (Quantity (Bq)), for the quantity "11,012" stated opposite the radionuclide name Barium, symbol Ba-139, there shall be substituted the quantity "1 1012".

     9. In paragraph 2 of Part II of Schedule 2, for the words "Part 1" there shall be substituted the words "Part I".

     10. In Note 3 to Part I of Schedule 4, for the symbol "O3" there shall be substituted the symbol "UO3".



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations implement Council Directive 96/49/EC (O.J. No. L235, 17.9.1996, p.25) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p.44) and by Commission Directive 2001/6/EC (O.J. No. 30, 1.2.2001, p.42)) insofar as it relates to radioactive material and make provision for the carriage of radioactive material by rail.

     2. The terms and expressions used in these Regulations are defined in regulations 2 and 3 and Schedule 1. Provisions relating to the scope of the Regulations are contained in regulation 4. These Regulations revoke the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 (S.I. 1996/2090) and other provisions. (Regulation 5 and Schedule 2.)

     3. Before a consignor consigns radioactive material by rail, he must determine the type of radioactive material to be consigned, the transport index and the criticality safety index by reference to certain of the provisions contained in the Regulations (RID), which came into force on 1st July 2001, concerning the international carriage of dangerous goods by rail, and which are contained in the Annex to Council Directive 96/49, as amended. (Regulations 6,7 and 8.)

     4. In connection with the carriage of radioactive material by rail, certain duties are imposed on consignors, train operators, the operators of wagons, containers, tank containers, portable tanks and tank wagons, the designers of packages and the manufacturers of packagings. (Regulations 9 to 13.)

     5. No person shall cause or permit the carriage by rail of certain packages containing radioactive material unless the design has been approved in accordance with RID. Application for such approval may be made to the Secretary of State. (Regulation 14.)

     6. No person shall cause or permit the carriage by rail of special form radioactive material, unless the design therefore has been granted unilateral approval, or low dispersible radioactive material, unless the design therefore has been granted multilateral approval. Application for such approval may be made to the Secretary of State. (Regulation 15.)

     7. No person shall cause or permit the shipment of certain packages without multilateral approval. (Regulation 16.)

     8. Provision is made for shipment under special arrangements for a consignment of radioactive material where it is impracticable for the consignment to comply with the requirements of RID. (Regulation 17.)

     9. Manufacturers of packagings are required to obtain from the Secretary of State, and allocate to packagings, serial numbers. (Regulation 18.)

     10. Consignors of radioactive material, train operators, the operators of wagons, containers, tank containers, portable tanks and tank wagons, the designers of packages and the manufacturers of packagings and infrastructure controllers must each establish and maintain an adequate quality assurance programme. Before the Secretary of State gives his approval for the design of a package, the design of special form radioactive material, the design of low dispersible radioactive material or a shipment, he must be satisfied that the quality assurance programme for the design in question or the shipment, as the case may be, is adequate. (Regulation 19.)

     11. Provision is made for the training of persons involved in the carriage of radioactive material by rail. (Regulation 20.)

     12. Every person involved in the carriage of radioactive material by rail is under a duty to notify, and provide information to, the emergency services in the event of an immediate risk of injury to an individual. (Regulation 22.)

     13. Provision is made regarding security (regulation 21), the preparation of safety systems and procedures to deal with any emergency involving the carriage of radioactive material by rail (regulation 23), the marshalling and formation of trains (regulation 24) and the prevention of fire and other risks (regulation 25).

     14. Provision is also made for the keeping of certain information. (Regulation 26.)

     15. The Health and Safety Executive and the Secretary of State for Defence may grant exemptions from all or any of the requirements or prohibitions imposed by these Regulations. (Regulation 27.)

     16. These Regulations provide a defence in certain circumstances in respect of any proceedings for an offence for a contravention of any of the provisions of these Regulations. (Regulation 28.)

     17. These Regulations permit alternative compliance with specified international provisions (regulation 29), contain transitional provisions (regulation 30 and Schedule 3) and make certain amendments to other Regulations (regulations 31 and 32 and Schedule 4).

     18. A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic and Statistical Advice Unit, Rose Court, 2, Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.


Notes:

[1] 1974 c. 37; section 1(1)(c) was modified by the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 (S.I. 2002/282); sections 15(1) and 50(3) were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16(3) respectively.back

[2] Cmnd 5897.back

[3] 1993 c. 43; section 17(6) of the Railways Act 1993 was amended by section 233(1) of the Transport Act 2000 (c. 38).back

[4] 1961 c. 34; subsection (2)(n) of section 175 of the Factories Act 1961 was amended by regulation 3(1) of, and Schedule 1 to, the Factories Act 1961 etc. (Metrication) Regulations S.I. 1983/978.back

[5] S.I. 1987/37, to which there are amendments not relevant to these Regulations.back

[6] S.I. 1999/2024.back

[7] 1992 c. 42.back

[8] OJ No. L 235, 17.9.96, p. 25. Relevant amending directives are Directive 2000/62/EC of the European Parliament and the Council (OJ L 279, 1.11.2000, p. 44) and Commission Directive 2001/6/EC (OJ L 30, 1.2.2001, p. 42). A copy of RID, whose ISBN is 0 11 5522654, may be obtained from The Stationary Office Bookshops, the Stationery Office's Accredited Agents and all good booksellers.back

[9] 1984 c. 54.back

[10] 1993 c. 43.back

[11] 1996 Revised Edition (ISBN 92 0 100500 8) published by the International Atomic Energy Agency Wagramar Strasse 5, P.O. Box 100, A-1400 Vienna Austria.back

[12] Current edition (2001): ISBN 92 1 139069 9.back

[13] ICAO -Doc 9284. Copies may be purchased from Westward Documedia, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG.back

[14] Current edition: ISBN 92 801 50901; supplement ISBN 92 801 50936.back

[15] S.I. 1999/257, to which there are amendments not relevant to these Regulations.back

[16] The International Atomic Energy Agency Wagramar Strasse 5, P.O. Box 100, A-1400 Vienna, Austria.back

[17] S.I. 2001/2975.back



ISBN 0 11 042651 7


  Prepared 12 August 2002


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