The Control of Major Accident Hazards Regulations 2015
S.I. 2015/483 · Made 2 March 2015 · Extends to England, Wales and Scotland
Health And Safety
Made 2nd March 2015
Laid before Parliament 9th March 2015
Coming into force 1st June 2015
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 (“the 1972 Act”) in relation to measures relating to the prevention and limitation of the effects of accidents involving dangerous substances M2.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 15(1), (2), (3)(a), (3)(c), (4)(a), (5)(a), (6)(d) and, (8), 43(2), (3), (4), (6), (80)(1) and 82(3)(a) of, and paragraphs 1(1), (2), 15, 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 M3 (“the 1974 Act”) and, section 2(2) of the 1972 Act.
Apart from the modifications referred to in the next paragraph, the Secretary of State makes these Regulations for the purpose of giving effect to proposals submitted—
- (a)
- (b)
by the Office for Nuclear Regulation under section 81(1)(a)(iv) of the Energy Act 2013 M6 after consulting in accordance with section 81(3) of that Act.
It appears to the Secretary of State that—
- (a)
the amendments to secondary legislation referred to in Schedule 6; and
- (b)
the revocations in relation to the instruments referred to in regulation 31,
are expedient as set out in section 80(1) of the 1974 Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the references in these Regulations to Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16th December 2008 M7 on classification, labelling and packaging of substances and mixtures amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, to be construed as including references to Annex I, Part 1.0, 1.1, Parts 2 to 4 and, Annex VI, Part 3 Table 3.1 of that instrument as those provisions are amended from time to time.
Annotations to the whole text
Marginal citations
- M1
1972 c.68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The power of Ministers of the Crown to make regulations in relation to matters as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).
- M2
- M3
1974 c.37; section 15(1) was substituted by paragraph 6 of Schedule 15 to the Employment Protection Act 1975 (c.71) (“the 1975 Act”) and amended by S.I. 2002/794. Section 15(2) and (3)(c) was amended by paragraph 5 of Schedule 12 to the Energy Act 2013 (c.32) (“the 2013 Act”). Section 15(4)(a) was amended by S.I. 2008/960. Section 43 was amended by paragraph 12 of Schedule 15 and Schedule 18 to the 1975 Act and by S.I. 2002/794 and 2008/960.
- M4
Section 11 was substituted by S.I. 2008/960.
- M5
Section 50(3) was amended by paragraph 16 of Schedule 15 to the 1975 Act, paragraph 6 of Schedule 7 to the Health and Social Care Act 2012 (c.7), paragraph 11(4) of Schedule 12 to the 2013 Act, and by S.I. 2008/960.
- M6
- M7
O.J. No. L353, 31.12.08, p.1.
Contents
- Part 1: INTRODUCTION
- 1Citation, commencement and extent
- 2Interpretation
- 3Application and exceptions
- 4The competent authority
- Part 2: GENERAL DUTIES OF OPERATORS OF ALL ESTABLISHMENTS
- 5General duties of operators
- 6Notifications
- 7Major accident prevention policies
- Part 3: SAFETY REPORTS FOR UPPER TIER ESTABLISHMENTS
- 8Purposes of safety reports
- 9Requirements relating to the preparation of safety reports
- 10Review of safety reports
- Part 4: EMERGENCY PLANS FOR UPPER TIER ESTABLISHMENTS
- 11Objectives of emergency plans
- 12Preparation, review and testing of internal emergency plans
- 13Preparation of external emergency plans
- 14Review and testing of external emergency plans
- 15Exemption of local authority from preparing an external emergency plan
- 16Implementing emergency plans
- Part 5: INFORMATION
- 17Provision of information to the public
- 18Provision of information to persons likely to be affected by a major accident at an upper tier establishment
- 19Provision of information pursuant to a request
- 20Trans-boundary consequences
- 21Power of the competent authority to accept information in another document
- Part 6: FUNCTIONS OF THE COMPETENT AUTHORITY
- 22Examination of safety reports by the competent authority
- 23Prohibition of operation
- 24Domino effects and domino groups
- 25Inspections and investigations
- Part 7: ACTION TO BE TAKEN FOLLOWING A MAJOR ACCIDENT
- 26Action to be taken following a major accident
- Part 8: ENFORCEMENT AND PENALTIES
- 27Enforcement and penalties
- Part 9: FEES
- 28Fees payable by operators to the competent authority
- 29Fees payable to local authorities for the preparation, review and testing of external emergency plans
- Part 10: CONSEQUENTIAL AMENDMENTS, REVOCATIONS, SAVING AND TRANSITIONAL PROVISIONS
- 30Amendments
- 31Revocations
- 32Saving provisions
- 33Transitional provisions
- Part 11: REVIEW
- 34Review
- Signature
- Schedule 1: Dangerous substances
- 1Categories of Dangerous Substances
- 2Named Dangerous Substances
- Part 3: Notes to Parts 1 and 2
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Schedule 2: Requirements and matters to be addressed by safety management systems
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: Minimum data and information to be included in a safety report
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4: Information to be included in internal and external emergency plans
- Part 1: Internal emergency plans
- Paragraph
- Part 2: External emergency plans
- Paragraph
- Schedule 5: Criteria for the notification of a major accident to the European Commission Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Schedule 6: Amendments to secondary legislation
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Explanatory note