where on 27th September 2015 a dangerous substance or category of substance listed in column 1 of Parts 2 or 3 of Schedule 1 to the 2000 Regulations was present in a quantity equal to or in excess of the quantity listed in the entry for that substance in column 2 of those Parts, but less than that listed in the entry for that substance in column 3 of those Parts, where applicable using the rule laid down in note 4 to Part 3 of that Schedule, and which on 28th September 2015 was a lower tier establishment; or

where on 27th September 2015 a dangerous substance or category of substance listed in column 1 of Parts 2 or 3 of Schedule 1 to the 2000 Regulations was present in a quantity equal to or in excess of the quantity listed in the entry for that substance in column 3 of those Parts, where applicable using the rule laid down in note 4 to Part 3 of that Schedule, and which on 28th September 2015 was an upper tier establishment,

within paragraph (a) of the definition of that term if, on or after 28th September 2015, the establishment becomes an upper tier establishment;

within paragraph (b) of the definition of that term if, on or after 28th September 2015, the establishment becomes a lower tier establishment.

hazards created by ionising radiation originating from substances;

substances which create a hazard from ionising radiation if present on a nuclear establishment;

the offshore exploration and exploitation of minerals, including hydrocarbons;

the storage of gas at underground offshore sites including dedicated storage sites and sites where exploration and exploitation of minerals, including hydrocarbons, are also carried out;

carry out inspections and investigations; and

gather any necessary information,

the name of the operator and the full address of the establishment;

the registered place of business of the operator, with the full address;

the name and position of the person in charge of the establishment;

sufficient information to identify the dangerous substances and category of substances involved or likely to be present;

the quantity and physical form of the dangerous substance or substances referred to in sub-paragraph (d);

the activities or proposed activities of the installations or storage facilities;

a significant increase or decrease in the quantity of dangerous substances notified under this regulation;

any modification of the establishment or an installation which could have significant consequences in terms of major accident hazards;

permanent closure of the establishment or its decommissioning; or

any change in the information referred to in paragraph (1)(a) to (c).

the form of notification under this regulation; and

the means by which operators shall send them to the competent authority.

be designed to ensure a high level of protection of human health and the environment;

be proportionate to the major accident hazards;

set out the operator's overall aims and principles of action; and

set out the role and responsibility of management, and its commitment towards continuously improving the control of major accident hazards.

of an existing establishment, by 1st June 2016;

of an other establishment, within one year beginning on the date on which the establishment, or site of operation, first becomes an other establishment.

the operator of an existing establishment had, immediately before 28th September 2015, prepared and retained a major accident prevention policy under regulation 5 of the 2000 Regulations;

the information contained within that policy remains materially unchanged; and

that policy complies with the requirements of these Regulations,

the major accident prevention policy prepared by that operator under regulation 5 of the 2000 Regulations is to be treated as a major accident prevention policy prepared under this regulation; and

the policy shall be retained by the operator in accordance with this regulation.

in any event no later than five years after the date on which the policy was last reviewed,

satisfy the requirements in paragraph 1 of Schedule 2; and

address the matters specified in paragraph 2 of that Schedule.

contain as a minimum the data and information specified in Schedule 3; and

identify the organisations involved in preparing it.

where the establishment is an other establishment, within two years beginning on the date on which the establishment, or site of operation, first becomes an other establishment.

an operator had, immediately before 28th September 2015, sent to the competent authority a safety report in relation to an establishment under regulation 7 or 8 of the 2000 Regulations;

the information contained within that report remains materially unchanged; and

it complies with the requirements of regulation 8, this regulation and Schedule 3,

where paragraph (2)(a)(i) applies, start construction of an establishment;

where paragraph (2)(a)(ii) applies, start operation of an establishment;

where paragraph (2)(a)(iii) applies, make any modifications leading to a change in the inventory of dangerous substances at an establishment,

the date on which the safety report was last sent to the competent authority under regulation 7 or 8(1) of those Regulations, or

the date on which it was last notified under regulation 8(2) or (4) of those Regulations,

in any case where regulation 9(6) applies, no later than five years after the date on which the safety report was last sent to the competent authority under regulation 7 or 8 of the 2000 Regulations.

following a major accident at the establishment;

where a review is justified by new facts or by technological knowledge about safety matters, including knowledge arising from analysis of accidents or near misses;

where a review is justified by developments in knowledge concerning the assessment of hazards;

before making any modifications to the establishment, process or the nature or physical form or quantity of dangerous substances which could have significant consequences for major accident hazards;

following any change to the safety management system (referred to in paragraph 2 of Schedule 3) which could have significant consequences for the prevention of major accidents or the limitation of the consequences of major accidents to human health and the environment.

where the establishment is a new establishment, within a reasonable period of time prior to the start of operation of the establishment or any the modifications leading to a change in the inventory of dangerous substances at the establishment;

where the establishment is an existing establishment, by 1st June 2016; or

where the establishment is an other establishment, within two years beginning on the date on which the establishment, or site of operation, first becomes an other establishment.

the on-site emergency plan prepared under regulation 9 of the 2000 Regulations, immediately before 28th September 2015, remains materially unchanged; and

it complies with the requirements of regulation 11 and this regulation,

persons working in the establishment;

the Department of the Environment;

the emergency services;

the Health and Social Care Trust for the area where the establishment is situated; and

the Executive, unless the Executive has been exempted under regulation 15 from the requirement to arrange for the preparation of an external emergency plan in respect of the establishment.

review and, where necessary revise the internal emergency plan; and

test the plan.

any changes at the establishment or within the emergency services concerned;

any relevant new technical knowledge; and

any relevant new knowledge concerning the response to major accidents.

the off-site emergency plan prepared under regulation 10 of the 2000 Regulations, immediately before 28th September 2015, remains materially unchanged; and

it complies with the requirements of regulation 11 and this regulation,

the operator;

the Department of the Environment;

the designated authorities who are liable to be required to respond to an emergency at the establishment; and

such members of the public and other persons as it considers appropriate.

review and where necessary revise the external emergency plan; and

test the plan.

any changes at the establishment or within the designated authorities concerned;

any relevant new technical knowledge; and

any relevant new knowledge concerning the response to major accidents.

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

confirmation that these Regulations apply to the establishment and that the notification required by regulation 6, and the safety report required by regulation 9, has been sent to the competent authority;

an explanation in simple terms of the activity or activities undertaken at the establishment;

the hazard classification of the relevant dangerous substances involved at the establishment which could give rise to a major accident, with an indication of their principal dangerous characteristics in simple terms;

general information about how the public will be warned, if necessary, and adequate information about the appropriate behaviour in the event of a major accident or an indication of where that information can be accessed electronically;

the date of the last site visit carried out further to a programme for routine inspections under regulation 25(5), and where more detailed information about the inspection and the related inspection plan can be obtained upon request;

details of where further relevant information can be obtained.

general information relating to the nature of the major accident hazards, including their potential consequences on human health and the environment, summary details of the main types of major accident scenarios and the control measures to address them;

confirmation that the operator is required to make adequate arrangements within the establishment, in particular liaison with the emergency services, to deal with major accidents and to minimise their consequences;

appropriate information from the external emergency plan in relation to dealing with any consequences outside the establishment from a major accident, which shall include advice about co-operating with any instructions or requests from the emergency services at the time of an accident;

where applicable, an indication as to whether the establishment is close to the territory of another F1country with the possibility of a major accident with trans-boundary consequences under the Convention on the Transboundary Effects of Industrial Accidents M13.

is made available to the public within a reasonable period of time from the date on which the establishment becomes subject to these Regulations; and

is kept updated.

is made available to the public within a reasonable period of time from the date on which the establishment becomes an upper tier establishment; and

is kept updated.

comply with any reasonable request for information from the competent authority, within such period specified in the request, in connection with the preparation of information by the competent authority under paragraph (1) or (2).

the means by which operators shall provide information under paragraph (5); and

the format in which it shall be provided.

regulation 23 (Prohibition of operation) as it applies to a notice served under Article 24 of the 1978 Order; or

Article 23 of the 1978 Order in respect of a contravention of these Regulations,

“the 2004 Regulations” means the Environmental Information Regulations 2004 M15; and

“environmental information” has the meaning, in the case of information sent to the Executive or the Department of the Environment, given by regulation 2(1) of the 2004 Regulations.

a notification under regulation 6;

a major accident prevention policy;

a safety report;

an internal emergency plan; or

details of action to be taken following a major accident provided under regulation 26(1),

shall give reasons;

shall specify the date when it is to take effect; and

may be withdrawn in writing by the competent authority.

geographical position of establishments;

proximity of establishments to each other; or

inventories of dangerous substances held by the establishments.

notifications sent under regulation 6;

safety reports;

information it holds pursuant to any of its functions under the Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 M17;

information from inspections and investigations at establishments.

details of neighbouring establishments;

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

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

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;

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

supplying the Executive with information relevant for the purposes of arranging for the preparation of an external emergency plan, where one is required under regulation 13.

identifying domino groups under paragraph (1);

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

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

shall not be dependent on the receipt of any report submitted by an operator;

a general assessment of relevant safety issues;

the geographical area covered by the inspection plan;

a list of the establishments covered by the plan;

a list of groups of establishments with possible domino effects;

a list of establishments where particular external risks or hazard sources could increase the risk or consequences of a major accident;

procedures for routine inspections, including the programmes for such inspections under paragraph (5);

procedures for non-routine investigations under paragraph (8); and

provisions on co-operation between the Executive and the Department of the Environment.

it has prepared a systematic appraisal of major accident hazards of establishments;

the programmes are regularly reviewed and revised where necessary; and

the programmes provide for the frequency of site visits for different types of establishment.

the potential impacts of the establishments on human health and the environment;

the record of the operators of the establishments in complying with the requirements of these Regulations; and

the relevant findings, if any, of inspections carried out by the Department of Environment under the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M18.

serious complaints;

serious accidents or near misses; or

occurrences of significant non-compliance with these Regulations.

within 4 months after the date of the inspection or investigation communicate its conclusions and all the necessary actions it requires to be taken to the operator; and

take reasonable steps to ensure that the operator takes all the necessary actions within a reasonable time after receipt of the communication containing the conclusions.

inform the competent authority of the occurrence of the accident;

update the information provided under sub-paragraphs (b) and (c), if further investigation reveals additional facts which alter that information or the conclusions drawn.

ensure that any urgent, medium term and long term measures which may prove necessary, are taken;

collect by inspection, investigation or other appropriate means the information necessary for a full analysis of the technical, organisational and managerial aspects of the accident;

take appropriate action to ensure that the operator takes any necessary remedial measures; and

make recommendations on future preventive measures.

confirmation that the accident occurred in Northern Ireland and the name and address of the competent authority;

the date, time and place of the accident, including the full name of the operator and the address of the establishment concerned;

a brief description of the circumstances of the accident, including the dangerous substances involved and the immediate consequences on human health and the environment;

a brief description of the emergency measures taken and immediate precautions necessary to prevent recurrence; and

the results of the competent authority's analysis and recommendations.

the accident which has occurred; and

where relevant, of the measures undertaken to mitigate its consequences.

Articles 18 to 23 (approval of codes of practice and enforcement);

Article 25 (provisions supplementary to Articles 23 and 24) and Article 26 (appeal against improvement or prohibition notice), so far as they relate to an improvement notice;

Article 28 (power to indemnify inspectors); and

subject to paragraph (6), Articles 31 to 39 (provisions as to offences).

provisions of the 1978 Order referred to in paragraph (1), Article 17(1) of the Industrial Pollution Control (Northern Ireland) Order 1997 M19 shall have effect in relation to an inspector appointed by the Department of the Environment under Article 16 of that Order (in these Regulations referred to as an “Article 16 inspector”) as if the reference in paragraph (1)(a) of that Article to a pollution control statutory provision included a reference to these Regulations and as if the reference in paragraph (1)(b) of that Article to a function conferred or imposed on an enforcing authority by or under such a statutory provision included a reference to any function conferred or imposed on the Department of the Environment by or under these Regulations; and

functions of an inspector appointed under Article 21 of the 1978 Order, an Article 16 inspector may, despite the person not being an inspector so appointed, serve an improvement notice under Article 23 of that Order in respect of a contravention of these Regulations, and the reference to an inspector in Article 25(5) of that Order shall have effect accordingly.

on summary conviction, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

on conviction on indictment, imprisonment for a term not exceeding two years, or a fine or both.

the operator of the establishment; or

a contractor in relation to any work carried out by the contractor on or in connection with that establishment,

any criminal investigation or prosecution incurred, in either case, from the date any summons is obtained from a Magistrates Court;

any appeal under Article 26 of the 1978 Order incurred from the date a claim is presented pursuant to F8the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020;

functions of the Department related to regulation 13.

except where regulation 9(4) applies, regulation 8 of the 2000 Regulations continues to apply in relation to a safety report prepared under regulation 7 or 8 of those Regulations before 28th September 2015 as if the 2000 Regulations has not been revoked until such time as a safety report is sent by the operator to the competent authority under regulation 9(2)(b) of these Regulations;

except where regulation 12(3) applies, an on-site emergency plan prepared under regulation 9 of the 2000 Regulations shall be reviewed, tested and put into effect in accordance with regulations 11 and 12 of the 2000 Regulations as if those Regulations had not been revoked until such time as an internal emergency plan is prepared by the operator under regulation 12 of these Regulations;

except where regulation 13(5) applies, an off-site emergency plan prepared under regulation 10 of the 2000 Regulations shall be reviewed, tested and put into effect in accordance with regulations 11 and 12 of the 2000 Regulations as if those Regulations had not been revoked until such time as an external emergency plan is prepared under regulation 13 of these Regulations;