Search Legislation

The Control of Major Accident Hazards Regulations 2015

Changes to legislation:

There are currently no known outstanding effects for the The Control of Major Accident Hazards Regulations 2015, PART 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1E+W+SINTRODUCTION

Citation, commencement and extentE+W+S

1.—(1) These Regulations may be cited as the Control of Major Accident Hazards Regulations 2015 and come into force on 1st June 2015.

(2) These Regulations extend to Great Britain.

InterpretationE+W+S

2.—(1) In these Regulations—

the 1974 Act” means the Health and Safety at Work etc. Act 1974;

the 1999 Regulations” means the Control of Major Accident Hazards Regulations 1999 M1;

[F1the 2010 Regulations” means the Environmental Permitting (England and Wales) Regulations 2010 M2;]

the 2012 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2012 M3;

[F2“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016;]

the appropriate agency” in relation to an establishment in—

(a)

England, means the Environment Agency;

(b)

Scotland, means the Scottish Environment Protection Agency; and

(c)

Wales, means the Natural Resources Body for Wales;

authorised person” means a person authorised by the appropriate agency under section 108 of the Environment Act 1995 M4;

“CAS number” is the number assigned to a substance by the Chemical Abstracts Service M5;

the CLP Regulation” means Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Annex I, Part 1.0 and 1.1, Parts 2 to 4 and, [F3the GB mandatory classification and labelling list established under Article 38A (which for the purposes of these Regulations is deemed to be part of Regulation (EC) No. 1272/2008)] are to be read as amended from time to time;

competent authority” has the meaning given in regulation 4;

dangerous substance” means (subject to regulation 3(2)(b) and (c)) a substance or mixture—

(a)

listed in column 1 of Part 2 of Schedule 1; or

(b)

in a category listed in column 1 of Part 1 of Schedule 1,

including in the form of a raw material, product, by-product, residue or intermediate;

designated authorities” means—

(a)

in England and Wales, those persons or bodies specified in Part 1 of Schedule 1 to the Civil Contingencies Act 2004 M6;

(b)

in Scotland, those persons or bodies specified in Part 2 of Schedule 1 to that Act M7;

the Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major accident hazards involving dangerous substances, amending and subsequently repealing Council Directive [F496/82/EC] M8;

domino effects” is to be construed in accordance with regulation 24(2);

domino groups” is to be construed in accordance with regulation 24(1) and a reference to “domino group” is to be read accordingly;

emergency services” means—

(a)

those police, fire and rescue, and ambulance services who are liable to be required to respond to an emergency at an establishment; and

(b)

where appropriate, Her Majesty's Coastguard;

establishment” means the whole location under the control of an operator where a dangerous substance is present in one or more installations, including common or related infrastructures or activities, in a quantity equal to or in excess of the quantity listed in the entry for that substance in column 2 of Part 1 or in column 2 of Part 2 of Schedule 1, where applicable using the rule laid down in note 4 in Part 3 of that Schedule;

the Executive” means the Health and Safety Executive;

existing establishment” has the meaning given in paragraph (2);

external emergency plan” is to be construed in accordance with regulation 13(1);

full address” means the full postal address (including postcode) and an address for contact by electronic means;

hazard” means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health or the environment;

health authority” means—

(a)

in relation to England, [F5an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006];

(b)

in relation to Wales, a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 M9; and

(c)

in relation to Scotland, a Health Board established under section 2 of the National Health Service (Scotland) Act 1978 M10;

inspection” means all actions, including—

(a)

site visits;

(b)

checks of internal measures, systems and reports and follow up documents; and

(c)

any necessary follow up,

undertaken by or on behalf of the competent authority to check and promote compliance of establishments with the requirements of these Regulations;

inspector” means a person appointed under section 19 of the 1974 Act by or on behalf of—

(a)

the Executive; or

(b)

the ONR;

installation” means a technical unit within an establishment, whether at or below ground level, in which dangerous substances are produced, used, handled or stored and includes all the equipment, structures, pipelines, pipework, machinery, tools, private railway sidings, docks, unloading quays serving the installation, jetties, warehouses or similar structures, floating or otherwise, necessary for the operation of that installation;

internal emergency plan” is to be construed in accordance with regulation 12(1);

local authority” means—

(a)

for the purposes of regulation 18 and regulation 26, in relation to—

(i)

the City of London, the Common Council of the City of London;

(ii)

an area in the rest of London, the London borough council for that area;

(iii)

the Isles of Scilly, the Council of the Isles of Scilly;

(iv)

an area in the rest of England, the district council for that area or where there is no district council for that area, the county council for that area;

(v)

an area in Scotland, the council for the local government area;

(vi)

an area in Wales, the county council or the county borough council for that area;

(b)

otherwise, in relation to—

(i)

London, [F6the London Fire Commissioner];

(ii)

an area where there is a fire and civil defence authority, that authority;

(iii)

the Isles of Scilly, the Council of the Isles of Scilly;

(iv)

an area in the rest of England, the county council for that area, or where there is no county council for that area, the district council for that area;

(v)

[F7an area in Scotland, the council for the local government area;]

(vi)

an area in Wales, the county council or the county borough council;

lower tier establishment” means an establishment where a dangerous substance is present in a quantity equal to or in excess of the quantity listed in the entry for that substance in column 2 of Part 1 or in column 2 of Part 2 of Schedule 1, but less than that listed in the entry for that substance in column 3 of Part 1 or in column 3 of Part 2 of Schedule 1, where applicable using the rule laid down in note 4 of Part 3 of that Schedule;

major accident” means an occurrence such as a major emission, fire, or explosion resulting from uncontrolled developments in the course of the operation of any establishment to which these Regulations apply, and leading to serious danger to human health or the environment (whether immediate or delayed) inside or outside the establishment, and involving one or more dangerous substances;

major accident prevention policy” is to be construed in accordance with regulation 7;

mixture” means a mixture or solution composed of two or more substances;

neighbouring establishment” means an establishment that is located in such proximity to another establishment so as to increase the risk or consequences of a major accident;

new establishment” means—

(a)

an establishment that is constructed or enters into operation on or after 1st June 2015;

(b)

a site of operation which becomes an establishment to which these Regulations apply on or after 1st June 2015 due to an increase or other change in its inventory of dangerous substances;

(c)

a lower tier establishment that becomes an upper tier establishment, or vice versa, on or after that date due to any modification to any of its installations or activities which results in a change in its inventory of dangerous substances;

nuclear establishment” means an establishment which is or is wholly or partly within—

(a)

a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013 M11); or

(b)

a new nuclear build site (within the meaning given in regulation 2A of the Health and Safety (Enforcing Authority) Regulations 1998 M12);

the ONR” means the Office for Nuclear Regulation;

operator” means the person who is in control of the operation of an establishment, or in relation to an establishment which is to be constructed or operated the person who proposes to control its operation, or if that person is not known, the person who in the course of a trade, business or other undertaking carried on by that person has commissioned its design and construction;

other establishment” means—

(a)

a site of operation that becomes an establishment to which these Regulations apply on or after 1st June 2015; or

(b)

a lower tier establishment that becomes an upper tier establishment, or vice versa, on or after that date,

for reasons other than those mentioned in paragraph (b) or (c) (as the case may be) of the definition of “new establishment”;

F8...

the public” means one or more persons and, includes their associations, organisations or groups;

presence of a dangerous substance” means the actual or anticipated presence of a dangerous substance in an establishment, or of a dangerous substance which it is reasonable to foresee may be generated during loss of control of the processes, including storage activities, in any installation within the establishment, in a quantity equal to or in excess of the qualifying quantity listed in the entry for that substance in column 2 of Part 1 or in column 2 of Part 2 of Schedule 1, and “where a dangerous substance is present” is to be construed accordingly;

risk” means the likelihood of a specific effect occurring within a specified period or in specified circumstances;

safety report” is to be construed in accordance with regulation 8;

[F9“storage” includes warehousing, depositing in safe custody or keeping in stock;]

upper tier establishment” means an establishment where a dangerous substance is present in a quantity equal to or in excess of the quantity listed in the entry for that substance in column 3 of Part 1 or in column 3 of Part 2 of Schedule 1, where applicable using the rule laid down in note 4 of Part 3 of that Schedule.

(2) For the purposes of these Regulations “existing establishment” means an establishment—

(a)where on 31st May 2015 a dangerous substance or category of substance listed in column 1 of Parts 2 or 3 of Schedule 1 to the 1999 Regulations was present in a quantity equal to or in excess of the quantity listed in the entry for that substance in column 2 of those Parts, but less than that listed in the entry for that substance in column 3 of those Parts, where applicable using the rule laid down in note 4 of Part 3 of that Schedule, and which on 1st June 2015 was a lower tier establishment; or

(b)where on 31st May 2015 a dangerous substance or category of substance listed in column 1 of Parts 2 or 3 of Schedule 1 to the 1999 Regulations was present in a quantity equal to or in excess of the quantity listed in the entry for that substance in column 3 of those Parts, where applicable using the rule laid down in note 4 of Part 3 of that Schedule, and which on 1st June 2015 was an upper tier establishment,

other than one which has ceased to be an existing establishment.

(3) For the purposes of paragraph (2) an establishment ceases to be an existing establishment—

(a)within paragraph (a) of the definition of that term if, on or after 1st June 2015, the establishment becomes an upper tier establishment;

(b)within paragraph (b) of the definition of that term if, on or after 1st June 2015, the establishment becomes a lower tier establishment.

(4) Where a new establishment becomes subject to these Regulations due to an increase, decrease or other change in its inventory of dangerous substances, any reference in these Regulations to the start of operation of the establishment, is a reference to the time when the establishment first becomes subject to the Regulations by reason of that increase, decrease or change.

(5) The columns in Parts 1 and 2 of Schedule 1 are to be applied subject to the notes in Part 3 of that Schedule.

(6) Where a substance listed in column 1 of Part 2 of Schedule 1 is also covered by a category in column 1 of Part 1 of that Schedule, the quantities set out in columns 2 and 3 of Part 2 must be used.

(7) A reference in these Regulations to “writing” includes writing which is communicated or kept in electronic form and which can be printed.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

M1S.I. 1999/743, amended by S.I. 2005/1088, 2008/1087, 2009/1595, 2013/766, 2014/162.

M2S.I. 2010/675, to which there are amendments not relevant to these Regulations.

M41995 c.25; relevant amending instruments to section 108 are S.I. 2013/755 (W.90) and, section 46(2)(a)(i), (2)(a)(ii), (2)(b), (2)(c)(i), (2)(c)(ii), (2)(c)(iii), (2)(c)(iv) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

M5Chemical Abstracts Service (www.cas.org), is a division of the American Chemical Society.

M62004 c.36; Schedule 1, Part 1 was amended by the National Health Service (Consequential Provisions) Act 2006 (c. 43) Schedule 1, paragraph 271(a) to (d); the Health and Social Care Act 2012 (c.7) Schedule 5, paragraph 132(2)(a) and (b), and Schedule 7, paragraph 16; and by S.I. 2008/3012, 2011/1223, and 2013/755 (W.90).

M72004 c.36; Schedule 1, Part 2 was amended by S.S.I. 2013/119.

M8O.J. No. L 197, 24.7.2012, p. 1.

M12S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

Application and exceptionsE+W+S

3.—(1) These Regulations apply to any establishment which is either a lower tier establishment or an upper tier establishment.

(2) These Regulations do not apply to any of the following—

(a)an establishment which is under the control of—

(i)the Secretary of State for the purposes of the Ministry of Defence;

(ii)a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 M13 or the service authorities of a visiting force within the meaning of any of the provisions of Part 1 of the Visiting Forces Act 1952 M14;

(b)hazards created by ionising radiation originating from substances;

(c)substances which create a hazard from ionising radiation if present on a nuclear establishment;

[F10(ca)the transport of dangerous substances in pipelines, including associated apparatus, except where that activity takes place at a site which is an establishment despite that activity;

(cb)the transport of dangerous substances and directly related intermediate temporary storage by road, rail, internal waterways, sea or air, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards, except where that activity takes place at a site which is an establishment despite that activity;]

(d)the exploitation, namely the exploration, extraction and processing, of minerals in mines and quarries, including by means of boreholes, except any of the following which involve dangerous substances—

(i)onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines;

(ii)chemical and thermal processing operations and storage related to those operations;

(iii)operational tailings disposal facilities, including tailing ponds or dams;

(e)the offshore exploration and exploitation of minerals, including hydrocarbons;

(f)the storage of gas at underground offshore sites including dedicated storage sites and sites where exploration and exploitation of minerals, including hydrocarbons, are also carried out;

(g)waste landfill sites, including underground waste storage, except—

(i)any of the following that involve dangerous substances—

(aa)chemical and thermal processing operations and storage related to those operations; or

(bb)operational tailings disposal facilities, including tailing ponds or dams;

F11(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The competent authorityE+W+S

4.  For the purposes of these Regulations the competent authority is—

(a)in relation to a nuclear establishment, the ONR and the appropriate agency acting jointly;

(b)otherwise, the Executive and the appropriate agency acting jointly.

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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 enacted version 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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources