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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Goods Vehicles (Testing) Regulations (Northern Ireland) 2003 No. 304 URL: http://www.bailii.org/nie/legis/num_reg/2003/20030304.html |
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Made | 13th June 2003 | ||
Coming into operation | 1st August 2003 |
Regulation |
1. | Citation and commencement |
2. | Interpretation |
3. | Application |
4. | Prescribed requirements for tests |
5. | Authority to drive and duties of driver |
6. | Conditions of acceptance of vehicle |
7. | Dates by which vehicles are to be submitted for first tests |
8. | Dates by which vehicles are to be submitted for periodical tests |
9. | Period of validity of goods vehicle test certificate |
10. | Manner of making application for first tests or periodical tests, and fees |
11. | Time of application for first tests or periodical tests |
12. | Notice of place and time of first tests or periodical tests |
13. | Application for re-tests following first tests or periodical tests |
14. | First tests or periodical tests, and issue of test certificates (or notices of refusal) |
15. | Re-test procedure, and issue of test certificates (or notices of refusal) |
16. | Form of test certificates and notices of refusal |
17. | Appeals |
18. | General provisions as to repayment of fees |
19. | Fees of appeal |
20. | Replacement of certificates |
21. | Display of certificates |
22. | Revocation or suspension of certificates |
23. | Production of certificate on application for licence |
24. | Computation of time |
25. | Provisions as to crown vehicles |
26. | Exemptions from Article 69(2) of the 1995 Order |
27. | Revocation |
1. | Fees |
2. | Classes of vehicle to which these Regulations do not apply |
3. | Construction and use requirements prescribed in relation to goods vehicle tests on motor vehicles and trailers |
4. | Form of goods vehicle test certificate |
5. | Form of goods vehicle test certificate |
6. | Regulations revoked |
(including any such tractor when fitted with an implement designed primarily for use in connection with such work, whether or not any such implement is of itself designed to carry a load);
(2) Any reference in these Regulations to a vehicle of a make, model and type shall, in relation to a trailer, include a reference to a vehicle of a make and bearing a serial number.
(3) For the purposes of these Regulations, in determining when a trailer is first sold or supplied by retail the date of such first sale or supply by retail shall in the case of a trailer which is constructed with a chassis be taken to be the date on which the chassis (with or without a body mounted on it) is first sold or supplied by retail and in the case of any other trailer to be taken to be the date the trailer is first sold or supplied by retail.
Application
3.
- (1) Subject to paragraph (2), these Regulations apply to goods vehicles being -
(2) These Regulations do not apply to goods vehicles of any of the classes of vehicle specified in Schedule 2.
Prescribed requirements for tests
4.
- (1) Every vehicle submitted for a goods vehicle test in accordance with these Regulations shall be examined for the purpose of ascertaining whether the prescribed construction and use requirements are complied with.
(2) For the purposes of these Regulations the applicability of any of the prescribed construction and use requirements to a vehicle is not affected by Item 5 in the Table in regulation 3(4) of the Construction and Use Regulations (which exempts vehicles being used in the course of a goods vehicle test from certain construction and use requirements).
Authority to drive and duties of driver
5.
- (1) The person who drove the vehicle to an examination shall, except so far as he is permitted to be absent by the person who is carrying out the examination, be present throughout the whole of the examination, and shall drive the vehicle and operate its controls when and in such a manner as he may be directed by the person who is carrying out the examination to do so.
(2) The person who is carrying out an examination is authorised to drive the vehicle on a road or elsewhere.
(3) A contravention of this regulation is hereby declared to be an offence.
Conditions of acceptance of vehicle
6.
An examiner shall not be under an obligation to accept a vehicle for examination or to proceed with an examination in any case where -
(c) the fee in respect of that examination has not been paid;
(d) the particulars relating to the vehicle and shown in any application form relevant to that examination are found to be substantially incorrect;
(e) the vehicle is one as respects which it has been stated in the application form that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the examination it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer;
(f) the vehicle is a trailer and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped;
(g) there is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible either -
(h) the vehicle, or any motor vehicle by which it is accompanied, or any part of or any equipment of the vehicle is so dirty or dangerous as to make it unreasonable for the examination to be carried out in accordance with these Regulations or with any directions given under Article 68 of the 1995 Order, or the applicant for the examination does not produce any certificate required in the last notice of appointment preceding the examination, that a vehicle used for carrying toxic, corrosive or flammable loads has been properly cleaned or otherwise made safe;
(i) an examiner is not able to complete the examination without the vehicle or, in the case of a trailer, the motor vehicle by which it is accompanied being driven and such vehicle or, as the case may be, accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination;
(j) an examiner is not able to complete the examination of a trailer unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be so driven in compliance with section 29 of the 1994 Act because no licence under that Act is in force for such vehicle;
(k) the vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (if any) specified for the purposes of the examination in the last notice of appointment preceding the examination;
(l) an examiner is not able to complete the examination due to the failure of a part of the vehicle, or of any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle or, as the case may be, the accompanying vehicle; or
(m) the vehicle or any motor vehicle by which it is accompanied emits substantial quantities of avoidable smoke.
(2) Every vehicle, for which there is a goods vehicle certificate granted under the Goods Vehicles (Certification) Regulations (Northern Ireland) 1990[7], shall be submitted for a periodical test on the date that the goods vehicle certificate ceases to continue in force and subsequently in each year thereafter not later than the anniversary of that date.
Period of validity of goods vehicle test certificate
9.
- (1) A goods vehicle test certificate issued as a result of a first test, a periodical test, or a re-test following a first test or a periodical test, or an appeal by a person aggrieved by a determination on a first test, a periodical test or on a consequent re-test of a vehicle, shall be valid from the date of its issue for a period of 12 months.
(2) Within the appropriate period after a goods vehicle test certificate is issued, but not earlier than 6 weeks before the end of that period, a further goods vehicle test certificate is issued as respects the same vehicle, the further certificate shall be treated for the purposes of these Regulations as if issued at the end of the said appropriate period.
(3) In this regulation "appropriate period" means a period of 12 months.
Manner of making application for first tests or periodical tests, and fees
10.
- (1) Any person wishing to have a first test or a periodical test carried out on a vehicle shall make an application for that purpose to the Department.
(2) Every person making an application under paragraph (1) shall provide such particulars as the Department may reasonably require and the appropriate fee as determined in accordance with Part I of Schedule 1.
Time of application for first tests or periodical tests
11.
Every application for a first test or periodical test of a vehicle shall be made -
Notice of place and time of first tests or periodical tests
12.
As soon as reasonably practicable after the date of the receipt of an application for a first test or periodical test and the appropriate fee for that test the Department shall issue notice to the applicant of the vehicle testing centre at which the test is to take place, and the date and time reserved by the Department for that test.
Application for re-tests following first tests or periodical tests
13.
- (1) Where, under regulation 14, a notification of the refusal of a goods vehicle test certificate in respect of a vehicle is issued the vehicle may be submitted, if need be on more than one occasion, at a vehicle testing centre for a re-test.
(2) Where an applicant desires to submit a vehicle for a re-test he shall make a further application for that purpose.
(3) The fee payable on such an application shall be determined in accordance with Part I of Schedule 1.
(4) Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-test on a date and at a time appointed by the Department, the fee payable shall be determined in accordance with Part II of Schedule 1.
Re-test procedure, and issue of test certificates (or notices of refusal )
15.
- (1) Where a vehicle is submitted for a re-test in circumstances where the fee for the re-test is payable under paragraph (4) of regulation 13 a vehicle examiner shall in carrying out the test be under an obligation only to examine the vehicle for the purpose of ascertaining whether it complies with the particular items of the prescribed construction and use requirements with which it was shown in the last notice of a refusal of a test certificate not to comply.
(2) Where a vehicle examiner finds that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) and has no reason to believe that the other prescribed construction and use requirements are not complied with in relation to the vehicle, there shall be issued a goods vehicle test certificate.
(3) Where a vehicle examiner does not find that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) or finds that any other prescribed construction and use requirement is not complied with in relation to the vehicle, there shall be issued a notice of the refusal of a test certificate.
(4) Where a vehicle is submitted for a re-test in circumstances where a fee for the re-test is payable under regulation 13(3), the Department shall arrange for the vehicle to undergo a goods vehicle test, and when that test has been completed there shall be issued -
Form of test certificates and notices of refusal
16.
- (1) Goods vehicle test certificates issued under regulation 14 or 15 shall be in the form specified in Schedule 4 or Schedule 5.
(2) Notices of refusal of a goods vehicle test certificate issued under regulation 14 or 15 shall -
(b) state the grounds of such refusal.
Appeals
17.
- (1) Any person aggrieved by a determination made on a first test or periodical test of a vehicle, or on a consequent re-test of a vehicle by the person in charge of that test, may appeal to the Department.
(2) Any appeal to the Department shall be lodged at the vehicle testing centre at which the test was conducted not later than 14 days from the date of the determination.
(3) Every appeal shall be made on a form issued by the Department and shall contain the particulars required by the Department.
(4) An appeal to the Department shall be accompanied by a fee determined in accordance with Part I of Schedule 1.
(5) As soon as reasonably practicable after the date of the receipt of the appeal, the Department shall send a notice in writing, addressed to the appellant at the address of the appellant stated in the form of appeal, stating where and when a re-examination for the purpose of determining the issues raised is to take place.
(6) On the submission of a vehicle for a re-examination for the purpose of an appeal the person submitting the vehicle for the re-examination shall if requested to do so by the vehicle examiner -
(7) The officer appointed by the Department under Article 66(2) of the 1995 Order shall not be required to proceed with the re-examination unless the person submitting the vehicle for the re-examination complies with paragraph (6) and nothing in this paragraph shall be taken to derogate from regulation 6.
(8) On completion of the re-examination the Department shall make such determination as it thinks fit, and may issue either a goods vehicle test certificate for the vehicle or a notice of refusal of a goods vehicle test certificate stating the grounds thereof.
(9) Goods vehicle test certificates issued under the foregoing provisions of this regulation shall be signed by the vehicle examiner and shall contain the same particulars as are appropriate to the goods vehicles test certificates mentioned in regulation 16(1) and subject to such modifications as may be appropriate.
(10) Notices of refusal of a goods vehicle test certificate issued under the foregoing provisions of this regulation shall contain the same particulars as are appropriate to notices of refusal of a goods vehicle test certificate mentioned in regulation 16(2) and subject to such modifications as may be appropriate.
(2) In this regulation "exceptional circumstances" means an accident, a fire, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor).
Fees on appeal
19.
- (1) After the completion of a re-examination for the purposes of an appeal under Article 66 of the 1995 Order the Department may repay to the appellant, as it thinks fit, either the whole or part of the fee paid on the appeal where it appears to the Department there were substantial grounds for contesting the whole or part of the determination against which the appeal was made.
(2) Subject to paragraph (3), a fee payable on an appeal in accordance with these Regulations shall be payable notwithstanding that the vehicle is not submitted for re-examination in accordance with regulation 17.
(3) Paragraph (2) shall not apply if the appellant has before the time fixed under regulation 17 for the carrying out of the re-examination given the Department not less than 3 clear days' notice (whether in writing or otherwise) at the vehicle testing centre at which his appeal was lodged that he does not propose to submit the vehicle for re-examination at that time.
Replacement of certificates
20.
- (1) If a goods vehicle test certificate has been lost or defaced, an application for the issue of a replacement for the certificate lost or defaced may be made to the Department, and every such application shall be accompanied by the payment of the fee of £10·00.
(2) On the receipt of an application and fee mentioned in paragraph (1) the Department shall determine whether the vehicle shall be re-examined, and if it determines -
(3) A re-examination under paragraph (2)(b) shall be carried out as if it were a test under regulation 14, the appropriate fee shall be paid as if the examination were a test under that regulation, and the appropriate documents shall be issued in accordance with regulation 14.
Display of certificates
21.
Where a goods vehicle test certificate is issued under regulation 14, Part 2 of that certificate shall be attached to the vehicle in a securely fitted weather-proof holder and shall be carried on the vehicle at all times when the vehicle is on the road and shall be displayed -
Revocation or suspension of certificates
22.
- (1) The Department may revoke or suspend a goods vehicle test certificate -
(2) In the event of a revocation or suspension under paragraph l(a) or (b) -
Production of certificate on application for licence
23.
Where an application is made for a licence under the 1994 Act for a motor vehicle to which Article 69(2) of the 1995 Order applies, the licence shall not be granted unless there is produced an effective goods vehicle test certificate.
Computation of time
24.
- (1) Save in regulations13(4), 17(2), 18(1)(d) (insofar as it relates to 7 days) and 22(2)(b), no period of time prescribed in these Regulations shall include any day which is a Saturday, Sunday or public holiday.
(2) For the purposes of this regulation "public holiday" shall not include Good Friday and shall include Easter Tuesday.
(2) A first test of a vehicle, a periodical test or a re-test of a vehicle under Part III may be made by or under the direction of an examiner (in this regulation referred to as an "authorised examiner") authorised for the purpose by the Department instead of by or under the direction of a vehicle examiner, and in relation to any such examination made by an authorised examiner these Regulations shall apply as if -
(3) Any person aggrieved by a determination of an authorised examiner on a first test, periodical test or a re-test of a vehicle under Part III may appeal to the Department and on the appeal the Department shall cause the vehicle to be re-examined by an officer appointed by it for the purpose and the Department may make such determination on the basis of the re-examination as it thinks fit and, where appropriate, may issue a goods vehicle test certificate or a notice of the refusal of a goods vehicle test certificate.
(c) when unladen, the purpose of being driven under a trade licence issued under section 12 of the 1994 Act;
(d) the purpose of being driven or drawn where it has been imported into Northern Ireland after arrival in Northern Ireland on the journey from the place where it has arrived in Northern Ireland to a place where it is to be kept by the person importing the vehicle or by any other person on whose behalf the vehicle has been imported, and in this paragraph the reference to a vehicle being imported into Northern Ireland is a reference, in the case of a vehicle which has been so imported more than once, to the first such importation, and in determining for the purposes of this paragraph when a vehicle was first so imported any such importation as is referred to in paragraph 25 of Schedule 2 shall be disregarded;
(e) any purpose for which it is authorised to be used on roads by an order under Article 60 of the 1995 Order;
(f) any purpose connected with its seizure or detention by a constable;
(g) any purpose connected with its removal, detention, seizure, condemnation or forfeiture under any provision in the Customs and Excise Management Act 1979[9];
(h) the purpose of removing it in pursuance of an order made under Article 15(1) of the 1997 Order or removing it under Articles 47, 48 or 49 of that Order or Article 30 of the Pollution Control and Local Government (Northern Ireland) Order 1978[10].
Revocation
27.
The Regulations specified in Schedule 6 are hereby revoked.
Sealed with the Official Seal of the Department of the Environment on
13th June 2003.
L.S.
Stanley Duncan
A senior officer of the Department of the Environment
(1) | (2) |
Class of Vehicle | Amount of Fee |
3,500 kilograms maximum gross weight or under | £28·00 |
Over 3,500 kilograms maximum gross weight | |
(i) 2 axle rigid vehicle |
£35·00 |
(ii) 3 axle rigid vehicle |
£45·00 |
(iii) 4 axle rigid vehicle |
£56·00 |
(iv) articulated vehicle having a 2 axle drawing vehicle |
£39·00 |
(v) articulated vehicle having a 3 axle drawing vehicle |
£51·00 |
Trailer - | |
(i) 1 axle trailer |
£32·50 |
(ii) 2 axle trailer |
£33·50 |
(iii) 3 axle trailer |
£34·50 |
(1) | (2) |
Class of Vehicle | Amount of Fee |
3,500 kilograms maximum gross weight or under | £17·50 |
Over 3,500 kilograms maximum gross weight | £17·50 |
Articulated vehicle | £18·50 |
Trailer | £18·50 |
(b)
7.
Road construction vehicles and road rollers.
8.
Vehicles designed for fire fighting or fire salvage purposes.
9.
Work trucks, straddle carriers used solely as work trucks, and works trailers.
10.
Electrically-propelled motor vehicles.
11.
Vehicles used solely for one or both of the following purposes -
12.
Motor vehicles used for no other purpose than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled.
13.
Living vans the maximum gross weight of which does not exceed 3,500 kilograms.
14.
Vehicles constructed or adapted for, and used primarily for the purpose of carrying equipment permanently fixed to the vehicle which equipment is used for medical, dental, veterinary, health, educational, display, clerical or experimental laboratory purposes, such use -
15.
Trailers which have no other brakes than a parking brake and brakes which automatically come into operation on the over-run of the trailer.
16.
A motor vehicle at a time when it is being used on a public road during any calendar week if -
and to a trailer drawn by a motor vehicle that is being used on a public road in such circumstances.
17.
Agricultural motor vehicles and agricultural trailed appliances.
18.
Agricultural trailers and agricultural trailed appliance conveyors drawn on roads only by an agricultural motor vehicle.
19.
Converter dollies used solely for the purposes of agriculture, horticulture and forestry, or for any one or two of those purposes.
20.
Public service vehicles (as defined in Article 2(2) of the Order of 1981).
21.
Taxis (as defined in Article 79A of the Order of 1981)[11].
22.
Vehicles used solely for the purposes of funerals.
23.
Goods vehicles to which any of the prescribed construction and use requirements do not apply by virtue of either of the following items in the Table in regulation 3(4) of the Construction and Use Regulations namely -
24.
Vehicles equipped with new or improved equipment or types of equipment used, solely by a manufacturer of vehicles or their equipment or by an importer of vehicles, for or in connection with the test or trial of any such equipment.
25.
Motor vehicles brought into Northern Ireland and displaying a registration mark mentioned in regulation 2(1) of the Motor Vehicles (International Circulation) (Registration and Licensing) Regulations (Northern Ireland) 1963[12], a period of twelve months not having elapsed since the vehicle in question was last brought into Northern Ireland.
26.
Motor vehicles in respect of which a goods vehicle test certificate under section 49 of the Road Traffic Act 1988[13] is in force.
27.
Goods vehicles not exceeding 3,500 kilograms in respect of which a vehicle test certificate, under section 45 of the Road Traffic Act 1988, is in force.
28.
Trailers brought into Northern Ireland and having a base or centre in a country outside Northern Ireland from which the use of the vehicle on a journey is normally commenced, a period of twelve months not having elapsed since the vehicle in question was last brought into Northern Ireland.
29.
Industrial tractors.
30.
Track-laying vehicles.
31.
Steam propelled vehicles.
32.
Motor vehicles first used before 1st January 1960, used unladen and not drawing a laden trailer, and trailers manufactured before 1st January 1960 and used unladen.
For the purposes of this paragraph any determination as to when a motor vehicle is first used shall be made as provided in regulation 2(4) of the Construction and Use Regulations.
33.
Motor vehicles constructed and not merely adapted, for the purpose of street cleansing, or the collection or disposal of refuse or the collection or disposal of the contents of gullies and which are either -
34.
Vehicles designed and used for the purpose of servicing or controlling or loading, or unloading aircraft while so used -
35.
Vehicles designed for use and used on an airport mentioned in paragraph 34, solely for the purpose of road cleansing, the collection or disposal of refuse or the collection or disposal of the contents of gullies or cesspools.
36.
Vehicles provided for police purposes.
37.
Heavy motor cars constructed or adapted for the purpose of forming part of an articulated vehicle and which are used for drawing only a trailer falling within a class of vehicle specified in paragraph 13, 14 or 15 or a trailer being used for or in connection with any purpose for which it is authorised to be used on roads by an order under Article 60(1) of the 1995 Order, being an order authorising that trailer or any class or description of trailers comprising that trailer to be used on roads.
38.
Play-buses.
39.
Pedestrian-controlled vehicles.
40.
Trailers, not being converter dollies or semi-trailers, the unladen weight of which does not exceed 1,020 kilograms.
(1) | (2) | (3) |
Item Number | Regulation | Subject Matter |
1 | 6, 7, 13, and 14 | Dimensions |
2 | 20 to 25 | Braking systems |
3 | 29 to 32 | Tyres |
4 | 34 | Maintenance for steering gear |
5 | 35 | View to the front |
6 | 38 | Mirrors |
7 | 39 | Windscreen wipers and washers |
8 | 40 and 41 | Speedometer |
9 | 43 | Speed limiters |
10 | 44 | Audible warning |
11 | 54, 55 and 56 | Seat belts |
12 | 58 and 59 | Rear under-run protection |
13 | 60 and 61 | Sideguards |
14 | 62 | Mascots |
15 | 65 | Maintenance of silencer |
16 | 74 | Smoke emission, oil, etc. |
17 | 77 and 78 | Spray suppression equipment |
18 | 79 | Plates |
19 | 83 | Speed limiter plates |
(1) | (2) | (3) | (4) |
Item No. | Regulation | Subject Matter | Extent |
20 | 21 | Obligatory lamps, reflectors, rear markings and devices | Except in so far as the regulation relates to dim-dip devices, running lamps, front fog lamps, reversing lamps and warning beacons |
21 | 23 | Optional lamps, reflectors, rear markings and devices | In so far as the regulation relates to headlamps fitted to motor vehicles, direction indicators, rear fog lamps, stop lamps, side marker lamps and rear markings |
22 | 26 | Maintenance of lamps, reflectors, rear markings and devices | Except in so far as the regulation relates to dim-dip devices, running lamps, front fog lamps, reversing lamps and warning beacons |
(1) | (2) | (3) |
Item No. | Regulation | Subject Matter |
23 | 5, 6, 7, 12, 13, 14, 15 | Registration marks and plates. |
Name of Owner |
|
Date of Issue |
Expires |
Registration Mark |
Issued by |
Registration mark or serial number: | ▭ |
Date of issue: | ▭ |
Expiry Date: | ▭ |
Signature: | ▭ |
Title | Year and Number |
Goods Vehicles (Testing) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 450 |
Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 139 |
Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 1998 | S.R. 1998 No. 75 |
Goods Vehicles (Testing) (Amendment No. 2) Regulations (Northern Ireland) 1998 | S.R. 1998 No. 226 |
Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2001 | S.R. 2001 No. 365 |
Goods Vehicles (Testing) (Fees) (Amendment) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 102 |
[3] S.I. 1997 No. 276 (N.I. 2)back
[4] S.R. 1999 No. 454; relevant amending Regulations are S.R. 2001 No. 173back
[5] Article 19D was inserted by Schedule 1 to S.I. 1991/197 (N.I. 3)back
[6] Article 2(3A) was inserted by S.R. 1990 No.224, regulation 17(a)back
[7] S.R. 1990 No. 224 to which there are amendments not relevant to these Regulationsback
[8] 1967 c. 37; section 18(1) was amended by Article 220(1) and paragraph 6(a) of Schedule 7 to the Road Traffic (Northern Ireland) Order 1981back
[10] S.I. 1978/1049 (N.I. 19)back
[11] Article 79A was inserted by Part II of Schedule 3 to S.I. 1991/197 (N.I. 3)back
[12] S.R. & 0. 1963 No. 79back
[14] S.I. 1994/426 (N.I. 1)back