The Control of Major Accident Hazards Regulations 1999

1. Introductory Text

2. PART 1 INTRODUCTION

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Application

3. PART 2 GENERAL

   1. 4. General duty

   2. 5. Major accident prevention policy

   3. 6. Notifications

4. PART 3 SAFETY REPORTS

   1. 7. Safety report

   2. 8. Review and revision of safety report

5. PART 4 EMERGENCY PLANS

   1. 9. On-site emergency plan

   2. 10. Off-site emergency plan

   3. 11. Review and testing of emergency plans

   4. 12. Implementing emergency plans

   5. 13. Charge for preparation, review and testing of off-site emergency plan

6. PART 5 PROVISION OF INFORMATION BY OPERATOR

   1. 14. Provision of information to the public

   2. 15. Provision of information to competent authority

   3. 16. Provision of information to other establishments

7. PART 6 FUNCTIONS OF COMPETENT AUTHORITY

   1. 17. Functions of competent authority in relation to the safety report

   2. 18. Prohibition of use

   3. 19. Inspections and investigations

   4. 20. Enforcement

   5. 21. Provision of information by competent authority

   6. 22. Fee payable by operator

8. PART 7 AMENDMENTS, REVOCATIONS, SAVINGS AND TRANSITIONAL PROVISIONS

   1. 23. Amendments

   2. 24. Revocation and savings

   3. 25. Transitional provision

9. Signature

10. 1. SCHEDULE 1

       DANGEROUS SUBSTANCES TO WHICH THE REGULATIONS APPLY

       1. PART 1 Introduction

          1. 1. This Schedule applies to the presence of dangerous substances at...

          2. 2. Mixtures and preparations shall be treated in the same way...

          3. 3. The qualifying quantities set out in Parts 2 and 3...

          4. 4. The quantities to be considered for the application of the...

          5. 5. The rules given in Part 3, Note 4 governing the...

       2. PART 2 Named Substances

       3. Notes

          1. 1. Ammonium nitrate (350/2500)

          2. 2. Ammonium nitrate (1250/5000)

          3. 3. Polychlorodibenzofurans and polychlorodibenzodioxins

       4. PART 3 Categories of Substances and Preparations not specifically named in Part 2

       5. Notes

          1. 1. Substances and preparations shall be classified for the purposes of...

          2. 2. An “explosive” means: (a) (i) a substance or preparation which...

          3. 3. “Flammable”, “highly flammable”, and “extremely flammable” in categories 6, 7...

          4. 4. The addition of dangerous substances to determine the quantity present...

    2. SCHEDULE 2

       PRINCIPLES TO BE TAKEN INTO ACCOUNT WHEN PREPARING MAJOR ACCIDENT PREVENTION POLICY DOCUMENT

       1. 1. For the purpose of implementing the operator’s major accident prevention...

       2. 2. The major accident prevention policy should be established in writing...

       3. 3. The safety management system should include the part of the...

       4. 4. The following issues shall be addressed by the safety management...

    3. SCHEDULE 3

       INFORMATION TO BE INCLUDED IN A NOTIFICATION

       1. 1. the name and address of the operator;

       2. 2. the address of the establishment concerned;

       3. 3. the name or position of the person in charge of...

       4. 4. information sufficient to identify the dangerous substances or category of...

       5. 5. the quantity and physical form of the dangerous substances present;...

       6. 6. a description of the activity or proposed activity of the...

       7. 7. details of the elements of the immediate environment liable to...

    4. SCHEDULE 4

       PURPOSE AND CONTENTS OF SAFETY REPORTS

       1. PART 1 purpose of safety reports(This Part sets out the provisions of Article 9(1) of the Directive)

          1. 1. demonstrating that a major accident prevention policy and a safety...

          2. 2. demonstrating that major accident hazards have been identified and that...

          3. 3. demonstrating that adequate safety and reliability have been incorporated into...

          4. 4. demonstrating that on-site emergency plans have been drawn up and...

          5. 5. providing sufficient information to the competent authority to enable decisions...

       2. PART 2 minimum information to be included in safety report(This Part sets out the provisions of Annex II to the Directive)

          1. 1. Information on the management system and on the organisation of...

          2. 2. Presentation of the environment of the establishment:

          3. 3. Description of installation: (a) a description of the main activities...

          4. 4. Identification and accidental risks analysis and prevention methods:

          5. 5. Measures of protection and intervention to limit the consequences of...

    5. SCHEDULE 5

       EMERGENCY PLANS

       1. PART 1 objectives of on-site and off-site emergency plans(This Part sets out the provisions of Article 11(2) of the Directive)

          1. 1. containing and controlling incidents so as to minimise the effects,...

          2. 2. implementing the measures necessary to protect persons and the environment...

          3. 3. communicating the necessary information to the public and to the...

          4. 4. providing for the restoration and clean-up of the environment following...

       2. PART 2 information to be included in on-site emergency plan(This Part sets out the provision of paragraph 1 of Annex IV to the Directive)

          1. 1. names or positions of persons authorised to set emergency procedures...

          2. 2. name or position of the person with responsibility for liaison...

          3. 3. for foreseeable conditions or events which could be significant in...

          4. 4. arrangements for limiting the risks to persons on site including...

          5. 5. arrangements for providing early warning of the incident to the...

          6. 6. arrangements for training staff in the duties they will be...

          7. 7. arrangements for providing assistance with off-site mitigatory action.

       3. PART 3 information to be included in off-site emergency plan(This Part sets out the provisions of paragraph 2 of Annex IV to the Directive)

          1. 1. names or positions of persons authorised to set emergency procedures...

          2. 2. arrangements for receiving early warning of incidents, and alert and...

          3. 3. arrangements for co-ordinating resources necessary to implement the off-site emergency...

          4. 4. arrangements for providing assistance with on-site mitigatory action;

          5. 5. arrangements for off-site mitigatory action;

          6. 6. arrangements for providing the public with specific information relating to...

          7. 7. arrangements for the provision of information to the emergency services...

    6. SCHEDULE 6

       INFORMATION TO BE SUPPLIED TO THE PUBLIC

       (This Schedule sets out the provisions of Annex V to the Directive)

       1. 1. name of operator and address of the establishment;

       2. 2. identification, by position held, of the person giving the information;...

       3. 3. confirmation that the establishment is subject to these regulations and...

       4. 4. an explanation in simple terms of the activity or activities...

       5. 5. the common names or, in the case of dangerous substances...

       6. 6. general information relating to the nature of the major accident...

       7. 7. adequate information on how the population concerned will be warned...

       8. 8. adequate information on the actions the population concerned should take,...

       9. 9. confirmation that the operator is required to make adequate arrangements...

       10. 10. a reference to the off-site emergency plan for the establishment....

       11. 11. details of where further relevant information can be obtained, unless...

    7. SCHEDULE 7

       CRITERIA FOR NOTIFICATION OF A MAJOR ACCIDENT TO THE EUROPEAN COMMISSION AND INFORMATION TO BE NOTIFIED

       1. PART 1 criteria(This Part sets out the provisions of Annex VI to the Directive)

          1. 1. Any accident covered in sub-paragraph (a) or having at least...

          2. 2. Accidents or `near misses' which Member States regard as being...

       2. PART 2 information

          1. 1. The Member State and the name and address of the...

          2. 2. The date, time and place of the major accident, including...

          3. 3. A brief description of the circumstances of the accident, including...

          4. 4. A brief description of the emergency measures taken and of...

    8. SCHEDULE 8

       PROVISION OF INFORMATION BY COMPETENT AUTHORITY

       1. 1. The competent authority shall maintain a register containing the information...

       2. 2. The competent authority may remove from the register information relating...

       3. 3. Where information of any description is excluded from the register...

       4. 4. It shall be the duty of the competent authority—

       5. 5. The register may be kept in any form.

       6. 6. No information shall be included in the register if and...

       7. 7. The Secretary of State may, for the purpose of securing...

       8. 8. The competent authority shall notify the Secretary of State of...

       9. 9. A person may, as respects any information which appears to...

       10. 10. No information relating to the affairs of any individual or...

       11. 11. Where information is provided to the competent authority pursuant to...

       12. 12. A determination under paragraph 11 must be made within the...

       13. 13. Where, under paragraph 11 above, the competent authority determines that...

       14. 14. Subsections (5) and (10) of section 15 of the Environmental...

       15. 15. The Secretary of State may give to the competent authority...

       16. 16. Information excluded from the register shall be treated as ceasing...

       17. 17. Paragraphs 13 and 14 above shall apply in relation to...

       18. 18. Information is, for the purposes of any determination under this...

       19. 19. The Environment and Safety Information Act 1988 shall apply to...

       20. 20. Any information other than that referred to in paragraph 1...

11. Explanatory Note