The Control of Major Accident Hazards (Amendment) Regulations 2015

This Statutory Instrument has been made in consequence of a defect in S.I. 2015/483 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2015 No. 1393

Health And Safety

The Control of Major Accident Hazards (Amendment) Regulations 2015

Made

18th June 2015

Laid before Parliament

19th June 2015

Coming into force

13th July 2015

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) in relation to measures relating to the prevention and limitation of the effects of accidents involving dangerous substances(2).

The Secretary of State makes these Regulations in exercise of the powers conferred by section 15(1) of the Health and Safety at Work etc. Act 1974(3) (“the 1974 Act”) and section 2(2) of the 1972 Act.

The Secretary of State makes these Regulations for the purpose of giving effect to proposals submitted by the Health and Safety Executive under section 11(3) of the 1974 Act(4) after consulting in accordance with section 50(3)(5) of that Act.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Control of Major Accident Hazards (Amendment) Regulations 2015 and come into force on 13th July 2015.

(2) These Regulations extend to Great Britain.

Amendment of the Control of Major Accident Hazards Regulations 2015

2.  In the Control of Major Accident Hazards Regulations 2015(6), in regulation 2(1), in the definition of “local authority”, for paragraph (b)(v) substitute—

“(v) an area in Scotland, the council for the local government area;”.

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson

Parliamentary Under Secretary of State,

Department for Work and Pensions

18th June 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483) (“the 2015 Regulations”) implemented Directive 2012/18/EU of the European Parliament and of the Council on the control of major accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/98/EC (O.J. No. L 197, 24.7.2012, p.1) (“the Seveso III Directive”).

As part of the implementation of the Seveso III Directive, the 2015 Regulations give specified functions to a local authority as defined in regulation 2(1) of those Regulations. These Regulations correct an error by amending, in relation to Scotland, the definition of local authority.

No impact assessment has been prepared for this instrument as its only purpose is to correct an error in the 2015 Regulations.

(1)

1972 c.68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Under section 57 of the Scotland Act 1998 (c.46), despite the transfer to the Scottish Ministers of functions in relation to implementing obligations under EU law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable as regards Scotland.

(2)

S.I. 1998/1750.

(3)

1974 c.37; section 15(1) was substituted by paragraph 6 of Schedule 15 to the Employment Protection Act 1975 (c.71) (“the 1975 Act”) and amended by S.I. 2002/794.

(4)

Section 11 was substituted by S.I. 2008/960.

(5)

Section 50(3) was amended by paragraph 16 of Schedule 15 to the 1975 Act, paragraph 6 of Schedule 7 to the Health and Social Care Act 2012 (c.7), paragraph 11(4) of Schedule 12 to the Energy Act 2013 (c.32), and by S.I. 2008/960.

(6)

S.I. 2015/483.