Search Legislation

The Control of Major Accident Hazards Regulations 1999

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources