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Provision of information to competent authority
     15.  - (1) Every operator of an establishment shall, when requested to do so by the competent authority provide sufficient information to the authority to demonstrate that he has taken all measures necessary to comply with these Regulations, and the information shall be so provided within such period as the competent authority specifies in the request.

    (2) Without prejudice to the generality of paragraph (1), the operator shall when requested to do so by the competent authority, provide the authority with any information necessary to enable the authority - 

(a) fully to assess the possibility of a major accident and to determine the scope of possible increased probability or aggravation of a major accident;

(b) to take substances into account which, due to their physical form, particular conditions or location, may require additional consideration; or

(c) to perform its functions of obtaining or collecting information under regulation 19(4);

and the information shall be so provided within such period as the competent authority specifies in the request.

    (3) Where a major accident has occurred at an establishment the operator shall forthwith inform the competent authority of that accident.

    (4) Where the operator has notified a major accident to the Executive in accordance with the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995[16], he shall be deemed to have complied with the requirement to inform the competent authority of that accident under paragraph (3).

    (5) Anything required to be sent by an operator of an establishment to the competent authority pursuant to these Regulations shall be sent to the authority at an office of the Executive.

Provision of information to other establishments
     16.  - (1) The competent authority shall, using the information received from operators in notifications sent pursuant to regulation 6 and in safety reports, designate groups of establishments where the likelihood or consequences of a major accident may be increased because of the location and proximity of establishments in the group and the dangerous substances present there.

    (2) The competent authority shall notify each operator of an establishment in a group designated pursuant to paragraph (1) of the names and addresses of other establishments within the same group.

    (3) The operator of any establishment in a group designated pursuant to paragraph (1) shall - 

(a) pass appropriate information about the establishment to other establishments in the group to enable them to take account of the nature and extent of the overall hazard of a major accident in their major accident prevention policy documents, safety reports and on-site emergency plans; and

(b) co-operate with those other establishments to enable them to carry out any obligations they have under regulations 10(3), (5), and 14(1).

Prohibition of use
     18.  - (1) The competent authority shall prohibit the operation or bringing into operation of any establishment or installation or any part thereof where the measures taken by the operator for the prevention and mitigation of major accidents are seriously deficient.

    (2) The competent authority may prohibit the operation or bringing into operation of any establishment or installation or any part thereof if the operator has failed to submit any notification, safety report or other information required by or under these Regulations within the time so required.

    (3) Where the competent authority proposes to prohibit an operation or the bringing into operation of an establishment or installation or any part thereof pursuant to this regulation, it shall serve on the operator a notice giving reasons for the prohibition and specifying the date when it is to take effect, and any such notice may be withdrawn in writing by the competent authority.

    (4) A notice served pursuant to paragraph (3) may specify measures which, if taken, would cause the competent authority to withdraw the notice.

    (5) Where a notice has been served on an operator in accordance with paragraph (3) the operator shall comply with it (including any such notice as modified on appeal).

    (6) Section 24 of the 1974 Act (appeal against improvement or prohibition notice) and, in England and Wales, regulation 8(4)(b) of, and Schedule 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993[17] and, in Scotland, regulation 8(4)(b) of, and Schedule 4 to the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993[18] shall apply in relation to a notice served under this regulation as they apply in relation to a prohibition notice served under section 22 of that Act.

Inspections and investigations
     19.  - (1) The competent authority shall organise an adequate system of inspections of establishments or other measures of control appropriate to the type of establishment concerned.

    (2) The inspections or control measures referred to in paragraph (1) shall not be dependent upon the receipt of any report submitted by the operator and they shall be sufficient for a planned and systematic examination of the systems being employed at the establishment, whether of a technical, organisational or managerial nature, so as to ensure in particular - 

(a) that the operator can demonstrate that he has taken appropriate measures to prevent major accidents;

(b) that the operator can demonstrate that he has provided appropriate means for limiting the consequences of major accidents both inside and outside the establishment;

(c) that the information contained in any report sent to the competent authority by the operator of the establishment adequately reflects the conditions in the establishment; and

(d) that information has been supplied to the public pursuant to regulation 14.

    (3) A system of inspection referred to in paragraph (1) shall meet the following conditions - 

(a) there shall be a programme of inspections for all establishments;

(b) unless such a programme is based upon a systematic appraisal of major accident hazards of the particular establishment concerned, the programme shall, in the case of establishments to which regulations 7 to 14 apply, entail at least one on-site inspection made on behalf of the competent authority every 12 months;

(c) following each inspection, a report shall be prepared by the competent authority; and

(d) where necessary, matters shall be pursued with the operator within a reasonable period following the inspection.

    (4) Where the competent authority or the Executive has been informed of a major accident at an establishment the competent authority shall - 

(a) obtain from the operator of the establishment - 


(i) information as respects the circumstances of the accident, the dangerous substances involved, the data available for assessing the effects of the accident on persons and the environment, the emergency measures taken and the steps envisaged to alleviate the medium and long-term effects of the accident and to prevent any recurrence of it, and

(ii) such other information in the operator's possession as will enable the competent authority to notify the European Commission pursuant to regulation 21(1);



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

(c) make a full analysis of the technical, organisational and managerial aspects of the major accident and collect, by inspection, investigation or other appropriate means, the information necessary for that purpose;

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

(e) make recommendations on future preventive measures.

Enforcement
     20.  - (1) Sections - 

(a) 16 to 21 (approval of codes of practice and enforcement);

(b) 23 (provisions supplementary to sections 21 and 22) and 24 (appeal against improvement or prohibition notice), so far as they relate to an improvement notice;

(c) 26 (power to indemnify inspectors); and

(d) 33 to 42 (provisions as to offences),

of the 1974 Act, shall, subject to paragraphs (2) and (3), and to the extent they would not otherwise do so, apply to these Regulations as if they were health and safety regulations for the purposes of that Act, and any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if these Regulations were, to the extent they would not otherwise be so, health and safety regulations for the purposes of that Act.

    (2) A failure to discharge a duty placed on the competent authority by these Regulations shall not be an offence, and section 33(1)(c) of the 1974 Act shall have effect accordingly.

    (3) Section 18(1) of the 1974 Act (duty to make adequate arrangements for enforcement) shall apply in relation to the enforcement of these Regulations as if the reference to the Executive included a reference to the Agency, but nothing in this paragraph shall have the effect of making the Agency an enforcing authority for the purposes of the 1974 Act.

    (4) Without prejudice to the provisions of the 1974 Act referred to in paragraph (1), section 108(1) of the Environment Act 1995[19] shall have effect in relation to a person authorised by the Agency as if the reference in that section to a pollution control enactment included a reference to these Regulations and as if the reference to a pollution control function included a reference to any function conferred or imposed on the Agency by or under these Regulations.

    (5) Without prejudice to the functions of an inspector appointed under section 19 of the 1974 Act, a person referred to in paragraph (4) may, notwithstanding that he is not an inspector so appointed, serve an improvement notice under section 21 of that Act in respect of a contravention of these Regulations, and the reference to an inspector in section 23(4) of that Act shall have effect accordingly.

    (6) Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1998[20] the Executive shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply.

Provision of information by competent authority
     21.  - (1) The competent authority shall notify the European Commission as soon as practicable of any major accident meeting the criteria specified in Part 1 of Schedule 7.

    (2) The notification referred to in paragraph (1) shall contain the information specified in Part 2 of Schedule 7.

    (3) The competent authority shall notify the European Commission of any analysis and recommendations made pursuant to regulation 19(4)(c) and (e).

    (4) Schedule 8 (provision of information by competent authority) shall have effect.

    (5) This regulation shall apply notwithstanding the provisions of section 28 of the 1974 Act.

Fee payable by operator
     22.  - (1) A fee shall be payable by the operator of an establishment to the Executive for the performance by or on behalf of the competent authority of any function conferred on the authority by these Regulations (except regulations 10(2), (6) and (7)).

    (2) A fee shall be payable by the operator of an establishment to the Executive for the performance - 

(a) by or on behalf of the Executive or the Agency of any function relating to the enforcement of these Regulations conferred on the Executive or Agency by the 1974 Act or by virtue of regulation 20; and

(b) by an inspector or authorised person of any such function conferred on him by the Act or by virtue of that regulation.

    (3) The fee referred to in paragraphs (1) and (2) shall - 

(a) not exceed the sum of the costs reasonably incurred by the competent authority, the Executive or the Agency, as the case may be, for the performance of the functions in relation to the establishment concerned;

(b) be payable within 30 days from the date of the invoice that the Executive has sent or given to the operator such invoice to include a statement of the work done and the cost incurred including the period to which the statement relates.

    (4) The Executive shall pay to the Agency any such fee or part of any such fee it recovers as is attributable to work done by or on behalf of the Agency or by an authorised person in performing the functions concerned.

    (5) Any fee payable under this regulation shall be recoverable only as a civil debt.

    (6) Any fee payable under this regulation shall not include costs connected with - 

(a) in England and Wales, any criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrate's Court;

(b) in Scotland, any investigation carried out with a view to it being ascertained whether the operator should be prosecuted for an offence of contravening these Regulations, or where such a prosecution has been commenced against the operator, any costs connected with that prosecution; and

(c) any appeal pursuant to section 24 of the 1974 Act incurred from the date that a notice of appeal has been received by the Secretary of Tribunals pursuant to, in England and Wales, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993[21] and, in Scotland, the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993[22].

    (7) In this regulation "inspector" means a person appointed by the Executive under section 19 of the 1974 Act and "authorised person" means a person authorised by the Agency under section 108 of the Environment Act 1995.

     " 25A. The provisions of this Act shall not apply in respect of - 


(a) any establishment to which the Control of Major Accident Hazards Regulations 1999 [S.I. 1999/743] apply by virtue of regulation 3 of those Regulations; and

(b) any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations 1982 [S.I. 1982/1357].."

    (2) The Petroleum-Spirit (Motor Vehicles etc) Regulations 1929[24] shall be amended by the insertion, after regulation 15, of the following regulation - 

" Disapplication
     15A. The provisions of these Regulations shall not apply in respect of - 


(a) any establishment to which the Control of Major Accident Hazards Regulations 1999 [S.I. 1999/743] apply by virtue of regulation 3 of those Regulations; and

(b) any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations 1982 [S.I. 1982/1357].."

    (3) The Petroleum-Spirit (Plastic Containers) Regulations 1982[25] shall be amended by the insertion, after regulation 7, of the following regulation - 

" Disapplication
     8. The provisions of these Regulations shall not apply in respect of - 


(a) any establishment to which the Control of Major Accident Hazards Regulations 1999 [S.I. 1999/743] apply by virtue of regulation 3 of those Regulations; and

(b) any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations 1982 [S.I. 1982/1357].."

Revocation and savings
     24.  - (1) The 1984 Regulations, the Control of Industrial Major Accident Hazards (Amendment) Regulations 1988[26], the Control of Industrial Major Accident Hazards (Amendment) Regulations 1990[27], and the Control of Industrial Major Accident Hazards (Amendment) Regulations 1994[28], are hereby revoked.

    (2) Regulations 8(1) and (3), 9, 13 and 14 of the 1984 Regulations shall apply to a CIMAH report while the industrial activity to which it relates continues and until the time referred to in paragraph (4), as if those Regulations had not been revoked.

    (3) Where a CIMAH report relates to more than one industrial activity, the references in paragraph (2) to the CIMAH report are references to each part which relates to an industrial activity.

    (4) The time referred to in paragraph (2) is when a safety report has been sent to the competent authority relating to the industrial activity concerned.

    (5) An on-site emergency plan prepared pursuant to regulation 10 of the 1984 Regulations and an off-site emergency plan prepared pursuant to regulation 11 of those Regulations shall, while the industrial activity to which it relates continues and until the time referred to in paragaph (6), be kept up to date in accordance with the 1984 Regulations as if they had not been revoked; and during that period regulations 13 to 15 of the 1984 Regulations shall apply in relation to that emergency plan as if those regulations had not been revoked.

    (6) The time referred to in paragraph (5) is when an on-site emergency plan or off-site emergency plan, as the case may be, has been prepared pursuant to regulations 9 or 10 of these Regulations relating to the establishment at which the industrial activity is carried on.

    (7) Information supplied in accordance with regulation 12 of the 1984 Regulations, shall, while the industrial activity to which it relates continues and until the time referred to in paragraph (8), be updated, supplied again and made available in accordance with that regulation as if it had not been revoked.

    (8) The time referred to in paragraph (7) is when information relating to the establishment at which the industrial activity is carried on has been supplied in accordance with regulation 14(1) of these Regulations.

    (9) Paragraphs (2) to (8) shall only apply in relation to an industrial activity at an establishment to which regulations 7 to 14 apply.

Transitional provision
     25. Where a report or off-site emergency plan referred to in regulation 24 is required to be kept up to date by virtue of that regulation, the references in paragraph 3 of Schedule 6 to the notification referred to in regulation 6 and to the safety report shall be construed as a reference to a report referred to in regulation 24, and the reference in paragraph 10 of that Schedule to the off-site emergency plan shall be construed as a reference to the off-site emergency plan so referred to.



Signed by authority of the Secretary of State


Alan Meale
Parliamentary Under-Secretary of State,Department of the Environment,Transport and the Regions

10th March 1999


Calum MacDonald
Parliamentary Under-Secretary of State, Scottish Office

11th March 1999

[17] S.I. 1993/2687, amended by S.I. 1994/538 and 1996/1758. The title of these Regulations, formerly the "Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993" was amended by operation of section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.back

[18] S.I. 1993/2688, amended by S.I. 1994/538 and 1996/1758. The title of these Regulations, formerly the "Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993" was amended by operation of section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.back

[19] 1995 c. 25.back

[20] S.I. 1998/494.back

[21] S.I. 1993/2687, amended by S.I. 1994/538 and 1996/1758. The title of these Regulations, formerly the "Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993" was amended by operation of section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.back

[22] S.I. 1993/2688, amended by S.I. 1994/538 and 1996/1758. The title of these Regulations, formerly the "Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993" was amended by operation of section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.back

[23] 1928 c. 32.back

[24] S.I. 1929/952; amended by S.I. 1979/427 and S.I. 1982/630.back

[25] S.I. 1982/630.back

[26] S.I. 1988/1462.back

[27] S.I. 1990/2325.back

[28] S.I. 1994/118.back