Regulation 3 Responsible person

United Kingdom

(1)

In these Regulations, the “responsible person” is—

(a)

in relation to an injury, death or dangerous occurrence reportable under regulation 4, 5, 6 or 7 or recordable under regulation 12(1)(b) involving—

(i)

an employee, that employee's employer; or

(ii)

a person not at work or a self-employed person, or in relation to any other dangerous occurrence, the person who by means of their carrying on any undertaking was in control of the premises where the reportable or recordable incident happened, at the time it happened; or

(b)

in relation to a diagnosis reportable under regulation 8, 9 or 10 in respect of—

(i)

an employee, that employee's employer; or

(ii)

a F1relevant self-employed person, that self-employed person.

(2)

Despite paragraph (1), in these Regulations the “responsible person” is—

(a)

in relation to a mine, F2the mine operator (within the meaning of regulation 2(1) of the Mines Regulations 2014) of that mine;

(b)

in relation to a closed tip, the owner of the mine with which that tip is associated;

(c)

in relation to a quarry, the operator of that quarry;

(d)

in relation to a dangerous occurrence—

(i)

at a pipeline, the operator of that pipeline; or

F3(ii)

at a well—

(aa)

used for the storage of carbon dioxide or associated activities or for the storage of hydrogen or associated activities, the well operator; or

(bb)

used otherwise, the person appointed to organise and supervise the drilling of, and operations using, that well by any person granted a licence under section 3 of the Petroleum Act 1998, or where no such person is appointed, that licensee;

(e)

except in relation to a diagnosis reportable under regulation 8, 9 or 10—

(i)

at an offshore installation, the duty holder for the purposes of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 M1 (provided that for the purposes of this provision regulation 3(2)(c) of those Regulations is deemed not to apply); or

(ii)

in relation to a diving project, the diving contractor.

F4(3)

For the purposes of this regulation, “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act.

F5(4)

In paragraph (2)(d)(ii)(aa) “well operator” has the meaning given in sub-paragraph (b) of the definition of “well operator” in regulation 2(1) of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 (interpretation).

Annotations

Textual amendments

F1: Words in reg. 3(1)(b)(ii) substituted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 11(a)
F2: Words in reg. 3(2)(a) substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 16(c) (with reg. 1(3))
F3: Reg. 3(2)(d)(ii) substituted (6.4.2026) by The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/185), regs. 1(1), 6(a)
F4: Reg. 3(3) inserted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 11(b)
F5: Reg. 3(4) inserted (6.4.2026) by The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/185), regs. 1(1), 6(b)

Marginal citations

M1: S.I. 1995/738; to which there are amendments not relevant to these Regulations.