S.I. No. 267/1986 - Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1986.

S.I. No. 267 of 1986.

DANGEROUS SUBSTANCES ACT, 1972 (PART IV DECLARATION) ORDER, 1986.

I RUAIRÍ QUINN, Minister for Labour, in exercise of the powers conferred on me by sections 4 and 24 of the Dangerous Substances Act, 1972 (No. 10 of 1972), hereby make the following Order:

1. This Order may be cited as the Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1986, and shall come into operation on the 1st day of January, 1987.

2. In this Order "ADR Agreement" means the European Agreement concerning the international carriage of dangerous goods by road (ADR) done at Geneva on 30 September, 1957, and published by the United Nations in 1985 (ECE/Trans/60 (Volume I), (Volume II) and (Volume III) which includes amendments up to 1 May, 1985) or by a publisher authorised by the United Nations to publish the said United Nations publication.

3. (1) Any substance (whether or not it is contained in a solution, mixture or preparation) falling within the classifications of the ADR Agreement set out in the Schedule to this Order is hereby declared to be a dangerous substance for the purposes of Part IV of the Dangerous Substances Act, 1972 (No. 10 of 1972), on the ground that in the opinion of the Minister the substance constitutes a potential source of danger to person or property.

(2) Any provision in any note or any footnote contained in the ADR Agreement concerning the classifications of the substances referred to in the Schedule to this Order shall apply and have effect accordingly.

4. The Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1980 ( S.I. No. 236 of 1980 ), is hereby revoked.

SCHEDULE

All substances falling within the undermentioned classification of the ADR Agreement namely substances of:—

Class 2	Gases: compressed, liquefied or dissolved under pressure.
Class 3	Inflamable liquids with the exception of those substances classified as Class I and Class II petroleum in the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ).
Class 4.1	Inflammable solids.
Class 4.2	Substances liable to spontaneous combustion.
Class 4.3	Substances which give off inflammable gases on contact with water.
Class 5.1	Oxidizing substances.
Class 5.2	Organic peroxides.
Class 6.1	Toxic substances.
Class 8	Corrosive substances.

GIVEN under my Official Seal, this 28th day of July, 1986.

RUAIRÍ QUINN,

Minister for Labour.

EXPLANATORY NOTE.

This Order replaces the Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1980 ( S.I. No. 236 of 1980 ). It declares to be dangerous for the purposes of Part IV of the Dangerous Substances Act, 1972 (No. 10 of 1972) all substances falling within the ADR classes listed in the Schedule attached to the Order. In regard to Classes 2, 4.2, 4.3 and 5.2 which are restrictive classes for the purposes of the ADR Agreement, only those substances mentioned by name in those classes in the ADR Agreement are to be accepted for carriage by road. Substances satisfying the classification criteria specified in the ADR Agreement in regard to Classes 3, 4.1, 5.1, 6.1 and 8 which are non-restrictive classes for the purposes of that Agreement are declared to be dangerous. If the substances are neither named nor defined in these classes they do not come within the scope of the ADR Agreement.

The ADR Agreement is defined in Regulation 2 of the Regulations. Copies of the Agreement are on sale at Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2 and should be purchased together with this Order.