The Control of Industrial Major Accident Hazards (Amendment) Regulations 1990

4.  For regulation 12 of the principal Regulations substitute the following regulation–

“Information to the public

12.— (1) It shall be the duty of a manufacturer who has control of an industrial activity to which this Regulation applies to–

(a) ensure that persons outside the site who are likely to be in an area in which, in the opinion of the Executive, they are liable to be affected by a major accident occurring at the site are supplied, in an appropriate manner, without their having to request it, with at least the information specified in Schedule 8 (which sets out the provisions of Annex VII to the Directive); and

(b) make that information publicly available.

(2) In preparing the information required to be supplied in accordance with paragraph (1), the manufacturer shall consult the local authority in whose area the industrial activity is situated and such other persons who seem to him to be appropriate, but the manufacturer shall remain responsible for the accuracy, completeness and form of the information so supplied.

(3) Without prejudice to his duty under paragraph (1), the manufacturer shall endeavour to enter into an agreement with the local authority in whose area the industrial activity is situated for that local authority to disseminate the information required to be supplied in accordance with that paragraph to the persons mentioned in it.

(4) The manufacturer shall ensure that the information supplied in accordance with paragraph (1) is updated and supplied again in accordance with that paragraph at appropriate intervals and made publicly available.

(5) The manufacturer shall take the steps necessary to comply with paragraphs (1) to (3) before the industrial activity is commenced, except that, in the case of an industrial activity commenced before 31st December 1991, it shall be a sufficient compliance with those paragraphs if the manufacturer takes the necessary steps by that date.”.