Regulation 15 Recommendations

(1)

The Chief Inspector may as a result of one or more investigations, whether or not completed, at any time make recommendations as to how future accidents may be prevented.

(2)

The actions recommended shall be addressed to those persons or bodies who, in the opinion of the Chief Inspector, are most fitted to implement them.

(3)

Recommendations shall be made publicly available if the Chief Inspector considers that to do so is in the interests of safety or preventing pollution.

(4)

Any person to whom a recommendation is addressed pursuant to paragraph (2) shall, without delay—

(a)

take that recommendation into consideration;

(b)

send to the Chief Inspector—

(i)

details of the measures, if any, he has taken or proposes to take to implement the recommendation and, in a case where he proposes to implement measures, the timetable for securing that implementation, or

(ii)

an explanation as to why the recommendation is not to be the subject of measures to be taken to implement it,

and any details or timetable pursuant to sub-paragraph (i) or explanation pursuant to sub-paragraph (ii) shall be provided to the Chief Inspector within 28 days following receipt of the recommendation; and

(c)

give notice to the Chief Inspector if at any time any information provided to the Chief Inspector in pursuance of sub-paragraph (4)(b)(i) concerning the measures he proposes to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.

(5)

Subject to paragraphs (6) and (7) the Chief Inspector shall, annually or at such other intervals as he sees fit, make information publicly available in respect of the matters, including any explanation, mentioned in paragraphs (4)(b) and (c) which have been communicated to him and shall inform the Secretary of State of those matters.

(6)

The Chief Inspector shall not publish information under paragraph (5) unless he has first notified any person mentioned in the information and considered any representations relating to the information which may be made to him in accordance with paragraph (7) by or on behalf of any person so notified, and amended the information in such manner as he thinks fit.

(7)

Any representations made pursuant to paragraph (6) shall be in writing and shall be served on the Chief Inspector within 28 days of receipt of the notification referred to in that paragraph or within such further period as may be allowed under regulation 16.