- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/06/2005)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 01/06/2015
Point in time view as at 30/06/2005.
There are currently no known outstanding effects for the The Control of Major Accident Hazards (Amendment) Regulations 2005 (revoked).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1. These Regulations may be cited as the Control of Major Accident Hazards (Amendment) Regulations 2005 and shall come into force on 30th June 2005.
2. The Control of Major Accident Hazards Regulations 1999 M1 shall be amended in accordance with the following provisions of these Regulations.
Marginal Citations
M1S.I. 1999/743, to which there are amendments not relevant to these Regulations.
3. In regulation 2(1)—
(a)there shall be added to the definition of “the Directive” the words “ as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 M2 ”;
(b)for the definition of “notify” there shall be substituted—
““notify” means notify—
(a)in writing, including in an email; or
(b)by such other means as the recipient may allow,
and “notification” shall be construed accordingly;. ”.
Marginal Citations
M2OJ L345/97 31.12.2003.
4.—(1) In regulation 3(3), for sub-paragraphs (c) and (d) there shall be substituted—
“(c)the exploration, extraction and processing of minerals in mines, quarries or by means of boreholes, except—
(i)chemical and thermal processing operations; and
(ii)storage relating to those operations,
which involve dangerous substances; and
(d)waste land-fill sites, except tailing ponds or dams and other operational tailings disposal facilities containing dangerous substances, in particular when any such facilities are used in connection with the chemical and thermal processing of minerals.”.
(2) Regulation 3(4) shall be revoked.
5. For paragraph (1) of regulation 5, there shall be substituted—
“5.—(1) Every operator shall without delay but at all events within 3 months after the establishment becomes subject to this regulation prepare, and thereafter keep, a document setting out his policy with respect to the prevention of major accidents (in these Regulations referred to as a “major accident prevention policy document”).”.
6.—(1) After paragraph (3) of regulation 6 there shall be inserted—
“(3A) Where paragraphs (1) to (3) do not apply, the operator of the establishment shall send to the competent authority a notification containing the information specified in Schedule 3 within 3 months after the establishment becomes subject to this regulation.”.
(2) In regulation 6(4)(b)(iii), after “authority”, there shall be inserted “ under this regulation ”.
(3) After regulation 6(4)(b) there shall be inserted—
“(ba)modification of the establishment or an installation which could have significant repercussions with respect to the prevention of major accidents;”.
7. After paragraph (10) of regulation 7 there shall be inserted—
“(10A) Where paragraphs (1) to (10) do not apply, the operator shall, subject to paragraph (12), without delay, but at all events within 1 year after the establishment becomes subject to this regulation, send to the competent authority a report which is sufficient for the purpose specified in Part 1 of Schedule 4 and comprising at least the information specified in Part 2 of that Schedule.”.
8.—(1) For regulation 8(1) there shall be substituted—
“8.—(1) Where a safety report has been sent to the competent authority the operator shall, subject to paragraph (3), review it—
(a)whenever the operator makes a change to the safety management system (referred to in paragraph 1 of Part 1 of Schedule 4) which could have significant repercussions with respect to the prevention of major accidents or the limitation of consequences of major accidents to persons and the environment;
(b)whenever such a review is necessary because of new facts or to take account of new technical knowledge about safety matters; and
(c)fully at least every 5 years,
and where in consequence of that review it is necessary to revise the report, the operator shall do so forthwith and notify the competent authority of the details of such revision.”.
(2) In regulation 8(2)—
(a)for “inform” there shall be substituted “ notify ”;
(b)for “(1)(a)” there shall be substituted “ (1)(c) ”.
(3) In regulation 8(3), for “(1)(a)” there shall be substituted “ (1)(c) ”.
(4) In regulation 8(4)(b), for “inform” there shall be substituted “ notify ”.
9. In regulation 9(2), for sub-paragraph (c) there shall be substituted—
“(c)in the case of an establishment which has not started to operate, before it starts to operate;
(d)in any other case, without delay but at all events within 1 year after the establishment becomes subject to this regulation.”.
10. In regulation 9(3)(a), for “employed” there shall be substituted “ working ”.
11. In regulation 10(6), after “competent authority,” there shall be inserted “ the Agency, ”.
12. There shall be added to regulation 11(1) “and, in the case of a review of an off-site emergency plan, shall involve consultation by the local authority of such members of the public as it considers appropriate”.
13. For paragraph (1) of regulation 14 there shall be substituted—
“14.—(1) The operator of an establishment shall—
(a)ensure that—
(i)every person who is likely to be in an area referred to in paragraph (2); and
(ii)every school, hospital or other establishment serving the public which is situated in such area,
is supplied regularly and in the most appropriate form, without their having to request it, with information on safety measures at the establishment and on the requisite behaviour in the event of a major accident at the establishment; and
(b)make that information permanently available to the public.”.
14. For Schedule 1 there shall be substituted the schedule in the Schedule to these Regulations.
15.—(1) In paragraph 4(a) of Schedule 2, for “The involvement of employees and, where appropriate, sub-contractors”, there shall be substituted “ The involvement of persons working in the establishment ”.
(2) For paragraph 4(e) of Schedule 2 there shall be substituted—
“(e)planning for emergencies – adoption and implementation of procedures to—
(i)identify foreseeable emergencies by systematic analysis;
(ii)prepare, test and review emergency plans to respond to such emergencies; and
(iii)provide specific training for all persons working in the establishment.”.
16. There shall be added to paragraph 5 of Schedule 3 “ including, in relation to petroleum products listed in Part 2 of Schedule 1, the quantity falling within each of classes (a) to (c) ”.
17.—(1) Paragraph 2(a) of Part 2 of Schedule 4 shall be amended—
(a)by substituting for “meterological” the word “ meteorological ”;
(b)by substituting for “geographical”, where it secondly occurs, the word “ geological ”.
(2) The following sub-paragraph shall be substituted for paragraph 4(b) of that Part—
“(b)assessment of the extent and severity of the consequences of identified major accidents including maps, images or, as appropriate, equivalent descriptions, showing areas which are liable to be affected by such accidents arising from the establishment;”.
(3) The following paragraph shall be added to that Part—
“6. The names of the relevant organisations involved in the drawing up of the report.”.
18. After paragraph 1(b) of Schedule 8 there shall be inserted—
“(ba)notifications under regulation 8(2);”.
19. After paragraph 13 of Schedule 8 there shall be inserted—
“(13A) Where information in a safety report is excluded from the register, the operator shall within 3 months after being notified of its exclusion, or such longer period as the competent authority may allow, send to the competent authority a safety report which omits that information.”.
Signed by authority of the Secretary of State
Chris Pond
Parliamentary Under-Secretary of State
Department for Work and Pensions
4th April 2005
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys