The Control of Major Accident Hazards Regulations 2015

PART 7 ACTION TO BE TAKEN FOLLOWING A MAJOR ACCIDENT

Action to be taken following a major accident

26.—(1) Following a major accident, the operator of the establishment where the accident occurred must, as soon as practicable—

(a) inform the competent authority of the occurrence of the accident;

(b) provide the competent authority with the following information as soon as it becomes available—

(i) the circumstances of the accident;

(ii) the dangerous substances involved;

(iii) the data available for assessing the consequences of the accident on human health, the environment and property; and

(iv) the emergency measures taken;

(c) inform the competent authority of the steps it is envisaged are required in order to—

(i) mitigate the medium term and long term consequences of the accident; and

(ii) prevent any recurrence of such an accident;

(d) update the information provided under sub-paragraphs (b) and (c), if further investigation reveals additional facts which alter that information or the conclusions drawn.

(2) Following a major accident the competent authority must—

(a) ensure that any urgent, medium term and long term measures which may prove necessary, are taken;

(b) collect by inspection, investigation or other appropriate means the information necessary for a full analysis of the technical, organisational and managerial aspects of the accident;

(c) take appropriate action to ensure that the operator takes any necessary remedial measures; and

(d) make recommendations on future preventive measures.

(3) Subject to paragraph (4), where a major accident occurs which meets the criteria set out in Schedule 5, the competent authority must as soon as it is practicable, and in any event within one year of the date of the accident, provide the European Commission with the following information—

(a) confirmation that the accident occurred in Great Britain and the name and address of the competent authority;

(b) the date, time and place of the accident, including the full name of the operator and the address of the establishment concerned;

(c) a brief description of the circumstances of the accident, including the dangerous substances involved and the immediate consequences on human health and the environment;

(d) a brief description of the emergency measures taken and immediate precautions necessary to prevent recurrence; and

(e) the results of the competent authority’s analysis and recommendations.

(4) In relation to the information referred to in paragraph (3)(e)—

(a) where the competent authority is able only to provide preliminary information within the time limit in paragraph (3), it must provide updated information to the European Commission when the results of further analysis and recommendations are available; and

(b) the provision of information to the European Commission may be delayed where in the opinion of the competent authority to report such information risks prejudicing the conduct of existing or future legal proceedings.

(5) Following a major accident the local authority in whose administrative area the accident has occurred must inform the persons likely to be affected of—

(a) the accident which has occurred; and

(b) where relevant, of the measures undertaken to mitigate its consequences.