PART 6FUNCTIONS OF THE COMPETENT AUTHORITY

Domino effects and domino groups24

1

The competent authority must identify groups of establishments (“domino groups”) where the risk or consequences of a major accident may be increased because of the—

a

geographical position of establishments;

b

proximity of establishments to each other; or

c

inventories of dangerous substances held by establishments.

2

In these Regulations “domino effects” means the increase in the risk or consequences of a major accident because of one or more of the factors referred to in paragraph (1)(a) to (c).

3

In identifying domino groups the competent authority may use the following sources of information—

a

notifications sent under regulation 6;

b

safety reports;

c

information it holds pursuant to any of its functions, in England and Wales, under the Planning (Hazardous Substances) Act 1990 M1 or, in Scotland, the Planning (Hazardous Substances)(Scotland) Act 1997 M2;

d

information from inspections and investigations at establishments.

4

The competent authority may request such additional information from any operator as is necessary for the purposes of this regulation.

5

Where the competent authority has information in addition to that provided by any operator of an establishment which is part of a domino group about the immediate environment of the establishment, or factors which are likely to cause a major accident or to aggravate the consequences of a major accident, including—

a

details of neighbouring establishments;

b

sites of operation that fall outside the scope of these Regulations; or

c

areas and developments that could be the source of or increase the risk or consequences of a major accident and of domino effects,

the competent authority must provide that information to each operator of an establishment in that group.

6

Where the competent authority identifies a domino group, it must notify each operator of an establishment in that group of the name of the operator and full address of each of the establishments within the group.

7

Where an operator is notified under paragraph (6), it must, using any information received under paragraph (5), co-operate with the operators of each establishment within the domino group in—

a

putting in place arrangements for the exchange of suitable information with each other so as to enable them to take into account the nature and extent of the major accident hazards in the case of—

i

each operator, in its—

aa

major accident prevention policy; and

bb

safety management system; and

ii

each operator of an upper tier establishment, in—

aa

its safety report;

bb

its internal emergency plan; and

cc

the provision of information to persons likely to be affected by a major accident under regulation 18;

b

informing neighbouring sites to which these Regulations do not apply of their proximity to a domino group and in appropriate cases to provide suitable information to those sites;

c

preparing information for the purposes of regulation 17(1)(e); and

d

supplying the local authority with information relevant for the purposes of preparing an external emergency plan, where one is required under regulation 13.

8

The Executive, the ONR and the appropriate agency must, in appropriate cases, co-operate in—

a

identifying domino groups under paragraph (1);

b

providing information to an operator under paragraph (5); and

c

notifying each operator in a domino group under paragraph (6).