The Control of Industrial Major Accident Hazards (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Control of Industrial Major Accident Hazards Regulations 1984 (“the principal Regulations”) for the purpose of implementing in full in respect of Great Britain Council Directive No. 88/610/EEC (OJ No L 336, 7.12.88, p.14) (“the Directive”) amending Council Directive No. 82/501/EEC (OJ No L230, 5.8.1982, p.1) on the major accident hazards of certain industrial activities which was implemented by the principal Regulations.

2.  The amendments to the principal Regulations themselves and to the Schedules to the principal Regulations are introduced through the Schedules to these Regulations.

3.  Schedule 1 modifies the definitions in regulation 2(1) of the principal Regulations of “dangerous substance” and “industrial activity” to take into account the changed structure and broadened scope of Schedule 2. Schedule 1 also introduces definitions of “preparation” and “further relevant information” which are necessary to give effect to the requirements of the Directive.

4.  Schedule 1 to these Regulations also modifies regulations 4 (demonstration of safe operation) and 6 (industrial activities to which regulations 7 to 12 apply) of the principal Regulations to take into account the changes to Schedule 2. It also replaces regulation 12 (information to the public) which now requires more information about an industrial activity to be given to the public in accordance with Article 1.1 of, and Annex VII to, the Directive.

5.  Schedule 2 to these Regulations amends Schedule 1 to the principal Regulations (indicative criteria) by adding the criterion for “oxidizing substances”.

6.  Schedule 3 to these Regulations replaces Schedule 2 to the principal Regulations with a new Schedule 2. The Schedule now applies to any storage that is either isolated storage or, with certain exceptions, to storage associated with an industrial installation (within the meaning of Schedule 4 to the principal Regulations). Part I of the Schedule contains an expanded list of named substances with threshold quantities for the application of provisions of the principal Regulations, and Part II introduces a list of categories of substances and preparations grouped into 4 entries with threshold quantities similarly specified.

7.  Schedule 4 to these Regulations introduces, as Schedule 8 to the principal Regulations, a new Schedule specifying the information about a site which must be supplied to the public under regulation 12 of the principal Regulations.

8.  Schedule 5 to these Regulations makes minor and consequential amendments to the principal Regulations and Schedule 6 introduces new compliance dates and transitional provisions for industrial activities which become subject to certain provisions of the principal Regulations as a consequence of the amendments made by these Regulations.