Regulation 15 Restriction on parallel requirements

United Kingdom

(1)

Where the responsible person is under more than one requirement to make a notification under these Regulations, only one notification is required if the conditions in paragraph (3) are met.

(2)

Where the responsible person is under more than one requirement to make a report under these Regulations, only one report is required if the conditions in paragraph (3) are met.

(3)

The conditions referred to in paragraphs (1) and (2) are—

(a)

the facts giving rise to each requirement are identical;

(b)

the information required to be provided by each requirement is provided;

F1(c)

where the requirements have different time limits—

(i)

in any case where any of those requirements is a requirement to make a report in relation to a reportable incident falling within paragraph 1(3) of Part 1 of Schedule 1, the time limit in relation to that incident is complied with;

(ii)

in any other case, the shortest time limit is complied with; and

(d)

in the case of a mine or quarry, all steps referred to in paragraph 4 of Part 1 of Schedule 1 are complied with.

(4)

Where the responsible person is under more than one requirement to keep a record under these Regulations, only one record is required if the facts giving rise to each requirement are identical and the particulars required by each requirement are contained in the record.

F2(5)

Where the responsible person is under—

(a)

a requirement to make a report under these Regulations; and—

(b)

either or both—

(i)

a requirement to make a report under the EU Reporting Regulation, other than one that may be satisfied by making a report under these regulations; and

(ii)

a requirement to make a report under regulation 9 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 (reporting of danger to an installation) in respect of an installation in external waters,

only one report is required if the conditions in paragraph (6) are met.

(6)

The conditions referred to in paragraph (5) are—

(a)

the facts giving rise to each requirement are identical;

(b)

the facts occur on or after 6th April 2017;

(c)

the information required to be provided by each requirement is provided; and

(d)

the report is made within 10 working days.

(7)

In paragraph (5), “EU Reporting Regulation” means Commission Implementing Regulation (EU) No 1112/2014 of 13 October 2014 determining a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the Member States.

Annotations

Textual amendments

F1

Reg. 15(3)(c) substituted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 41(2) (with reg. 4(2), Sch. 14)

F2

Reg. 15(5)-(7) inserted (6.4.2017) by The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 (S.I. 2017/304), regs. 1(4), 4(3) (with reg. 1(3))