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Competent Authority and Enforcing Authority

Dangerous Goods Regulation

The Competent Authority and Enforcing Authority for civil transport of Class 7 (radioactive material) dangerous goods varies within the UK dependant on mode and region; the following are the relevant Competent / Enforcing Authorities:

  1. ONR – by road, rail and inland waterways in GB (although in practice inland waterway is rarely used). The only exception is those functions in sub-section 1.10.1.6 of ADR (register of driver training certificates), where the Secretary of State for Transport is the Competent Authority (para 3A of regulation 25 of CGD09);
  2. Northern Ireland Environment Agency (NIEA) – an agency within Department of Agriculture, Environment and Rural Affairs - Northern Ireland (DAERA) – by road in Northern Ireland;
  3. Heath & Safety Executive Northern Ireland (HSENI) – by rail and inland waterway in Northern Ireland (although in practice this is not used);
  4. The Secretary of State for Transport, delivered through the Maritime and Coastguard Agency (MCA) – for British registered ships and all other ships whilst in United Kingdom territorial waters;
  5. Civil Aviation Authority (CAA) – by air.

In accordance with Agency Agreements (see Article 7 The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014) ONR also acts on behalf of the other UK CAs primarily with respect to the issuing of transport approvals.

Agency Agreements with Police Forces across England, Scotland and Wales with Police Forces across England, Scotland and Wales have been created by ONR under section 95(1) of the Energy Act 2013 (TEA 2013). They relate to specific functions which the Chief Officer of each respective force is entitled to perform on behalf of, but not to the exclusion of ONR with regards to the CDG2009, in relation to the civil carriage of Class 7 (radioactive) dangerous goods in GB. These agreements enable the police to take local enforcement action on ONR’s behalf, for example as a result of a roadside check or road traffic accident.

More information on the Competent / Enforcing Authorities for dangerous goods other than Class 7 can be found on the Department for Transport Department for Transport website.

ONR’s regulatory responsibility with regards to transport of radioactive material is restricted to civil purposes. The Competent / Enforcing Authority for transport of dangerous goods for defence purposes is the Secretary of State for Defence. ONR and the Ministry of Defence (MOD) endeavour to work consistently and where relevant collaboratively with respect to transport of Class 7 goods for defence purposes. This is set out in the general agreement between ONR and the MOD that outlines Competent Authority responsibilities and ways of working in relation to ensuring consistency of standards and approach for the regulation of radioactive materials transport and the approval of ‘dual-use’ (civil and defence) packages.

The Ionising Radiations Regulations 2017

In relation to The Ionising Radiations Regulations 2017 (IRR17), ONR is the Enforcing Authority in relation to civil transport of radioactive material in GB by road, rail and inland waterway. In relation to IRR17, HSE is the enforcing authority in relation to defence transport of radioactive material in GB by road, rail and inland waterway. ONR and HSE have a Memorandum of Understanding  (MoU) to ensure there is appropriate awareness and shared understanding of respective regulatory remits, consistency in relation to interpretation of IRR17 requirements and associated enforcement, and effective cooperation and collaboration as appropriate in relation to transport of radioactive material. Additionally ONR-INSP-GD-071 provides guidance to support this MoU.

HSE NI is the enforcing authority in Northern Ireland for transport of radioactive material by road, rail and inland waterway.