PART 3SAFETY REPORTS FOR UPPER TIER ESTABLISHMENTS
Review of safety reports10
1
A safety report must be reviewed and, where it is necessary, revised by the operator—
a
in any case where regulation 9(6) does not apply, no later than five years after the date on which—
i
it was last sent to the competent authority; or
ii
where it was not required to be sent to the competent authority, it was last reviewed by the operator; or
b
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 1999 Regulations.
2
Despite paragraph (1), a safety report must be reviewed and, where necessary, revised by the operator—
a
following a major accident at the establishment;
b
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;
c
where a review is justified by developments in knowledge concerning the assessment of hazards;
d
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;
e
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.
3
In carrying out a review of a safety report the operator must take into account the purposes specified in regulation 8 and the data and information specified in Schedule 3.
4
Except where paragraph (5) applies, a revised safety report, or revised parts of a report, must be sent by the operator to the competent authority without delay.
5
Where paragraph (2)(d) applies, a revised safety report, or revised parts of it, must be sent by the operator to the competent authority in advance of the proposed modification.
6
Where a safety report has been reviewed under this regulation, but not revised, the operator must inform the competent authority in writing without delay.