The Control of Major Accident Hazards Regulations (Northern Ireland) 2015

Saving provisions N.I.

32.—(1) A notification sent by an operator to the competent authority under regulation 6 of the 2000 Regulations (including where regulation 6(3) of the 2000 Regulations applied and a report was sent to the Executive under regulation 7 of the Control of Industrial Major Accident Hazards Regulations (Northern Ireland) 1985 M1 ) having effect immediately before 28th September 2015 continues to have effect during the relevant period as a notification sent under regulation 6 of these Regulations.

(2) For the purposes of paragraph (1) “relevant period” means the period beginning on 28th September 2015 and ending on the date on which the operator sends a notification to the competent authority under regulation 6 of these Regulations.

(3) In relation to an existing establishment, except where regulation 7(5) applies, regulation 5 of the 2000 Regulations continues to apply in relation to a major accident prevention policy prepared under regulation 5 of those Regulations immediately before 28th September 2015 as if the 2000 Regulations had not been revoked until such time as the operator has prepared a major accident prevention policy under regulation 7 of these Regulations.

(4) In relation to an upper tier establishment—

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prepared under regulation 7 or 8 of those Regulations before 28th September 2015 as if the 2000 Regulations has not been revoked until such time as a safety report is sent by the operator to the competent authority under regulation 9(2)(b) of these Regulations;

(b) 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and put into effect in accordance with regulations 11 and 12 of the 2000 Regulations as if those Regulations had not been revoked until such time as an internal emergency plan is prepared by the operator under regulation 12 of these Regulations;

(c) 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and put into effect in accordance with regulations 11 and 12 of the 2000 Regulations as if those Regulations had not been revoked until such time as an external emergency plan is prepared under regulation 13 of these Regulations;

(d) where immediately before the revocation of the 2000 Regulations by these Regulations regulation 14 of the 2000 Regulations applied to the operator of an establishment—

(i) information supplied by the operator under regulation 14(1) of the 2000 Regulations having effect immediately before 28th September 2015 continues to have effect during the relevant period as information sent under regulation 18(1) of these Regulations;

(ii) where an area was notified to the operator by the competent authority under regulation 14(2) of the 2000 Regulations before 28th September 2015 and that notification remained in effect immediately before that date, the notification continues to have effect as a notification under regulation 18(2) of these Regulations;

(iii) regulation 18(5)(a) of these Regulations, in relation to information sent under regulation 14(1) of the 2000 Regulations, has effect as if the first interval at which the operator of the establishment shall review and, where necessary revise, the information started on the date that information—

(aa) was supplied by the operator under regulation 14(1) of the 2000 Regulations; or

(bb) was last reviewed and, where necessary revised, by the operator under regulation 14(6) of those Regulations,

whichever is later;

(iv) regulation 18(6)(b) of these Regulations has effect, in relation to information sent under regulation 14(1) of the 2000 Regulations, as if the first interval at which information shall be sent under regulation 18(6) started on the date that information—

(aa) was supplied by the operator under regulation 14(1) of the 2000 Regulations; or

(bb) was last supplied by the operator under regulation 14(7) of those Regulations,

whichever is later.

(5) Nothing in paragraph (4)(d)(iii) or (iv) affects the obligations of an operator to review and, where necessary, revise the information mentioned in those paragraphs in accordance with regulation 18(5)(b) or 18(6)(a) (as the case may be).

(6) For the purposes of paragraph (4)(d)(i) “relevant period” means the period beginning with 28th September 2015 and ending on the date on which the operator sends information under regulation 18(1) of these Regulations.

(7) Where the competent authority had designated a group of establishments under regulation 16 of the 2000 Regulations immediately before 28th September 2015 and that designation remained in effect immediately before that date, the designation continues to have effect as an identification of a domino group for the purposes of regulation 24.

(8) A notice served under regulation 18(1) of the 2000 Regulations which is in force or effective immediately before 28th September 2015 continues to have effect as a notice served under regulation 23(1) of these Regulations.

(9) A notice served under regulation 18(2) of the 2000 Regulations which is in force or effective immediately before 28th September 2015 continues to have effect as a notice served under regulation 23(2) of these Regulations.

(10) A fee payable to the competent authority under regulation 22 of the 2000 Regulations immediately before 28th September 2015 remains payable to the competent authority under regulation 28 of these Regulations.

(11) A fee payable to the Executive under regulation 13 of the 2000 Regulations immediately before 28th September 2015 remains payable to the Executive under regulation 29 of these Regulations.

Marginal Citations

M1 S.R. 1985 No. 175