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 M1 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 M2;
(b)hazards created by ionising radiation originating from substances;
(c)substances which create a hazard from ionising radiation if present on a nuclear establishment;
[F1(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;
F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 3(2)(ca)(cb) inserted (6.4.2017) by The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 (S.I. 2017/304), regs. 1(4), 5(3)
F2Reg. 3(2)(g)(ii) omitted (1.1.2018) by virtue of The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(1), 49 (with reg. 1(2))
Marginal Citations