Regulation 9 On-site emergency plan

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 9(3)(ba) inserted by National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) 2013 Sch. 2 para. 36(3)
reg. 9(2)(c)(d) substituted for reg. 9(2)(c) by Control of Major Accident Hazards 2005 reg. 9
reg. 9(3)(a) word substituted by Control of Major Accident Hazards 2005 reg. 10
reg. 9 words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 86

(1)

Every operator of an establishment shall prepare an emergency plan (in these Regulations referred to as an “on-site emergency plan”) which shall be adequate for securing the objectives specified in Part 1 of Schedule 5 and shall contain the information specified in Part 2 of that Schedule.

(2)

The on-site emergency plan shall be prepared—

(a)

in the case of an existing establishment where the industrial activity carried on there was, immediately before the coming into force of these Regulations, subject to the requirements of regulation 10 of the 1984 Regulations, by 3 February 2001;

(b)

in the case of any other existing establishment, by 3 February 2002;

(c)

in any other case, before the establishment starts to operate.

(3)

The operator shall consult—

(a)

persons employed in the establishment;

(b)

the Agency;

(c)

the emergency services; and

(d)

the health authority for the area where the establishment is situated;

on the preparation of the on-site emergency plan.

(4)

The operator shall consult the local authority in whose area the establishment is situated on the preparation of an on-site emergency plan, except this shall not apply where the local authority has been exempted from the requirement to prepare an off-site emergency plan in respect of the establishment pursuant to regulation 10(7).