Northern Ireland Statutory Rule 2015 Northern Ireland

Control of Major Accident Hazards Regulations (Northern Ireland) 2015

At a glance

Enforced by

HSENI

What's here

28 compliance obligations

Penalty landscape

1 of 28 obligations carry an unlimited fine. 27 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Operator 18
  • Any Person 4
  • Occupier 1

Plus 5 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Operators also bound by 730 other Acts (top 5 shown)
Any Person also bound by 2338 other Acts (top 5 shown)
Occupiers also bound by 259 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — INTRODUCTION

Browse 4 other sections in this Part — procedural / definitional / commencement
s.001

Citation and commencement

s.002

Interpretation

s.003

Application and exceptions

s.004

The competent authority

Part 2 — GENERAL DUTIES OF OPERATORS OF ALL ESTABLISHMENTS

s.005

General duties of operators

  • Take all measures to prevent major accidents and limit their consequences Operator
s.006

Notifications

  • Notify HSENI before building, operating or changing a COMAH establishment Operator
s.007

Major accident prevention policies

  • Prepare and retain a written major accident prevention policy Operator

Part 3 — SAFETY REPORTS FOR UPPER TIER ESTABLISHMENTS

s.008

Purposes of safety reports

  • Prepare a safety report for upper tier COMAH establishments Operator
s.009

Requirements relating to the preparation of safety reports

  • Prepare and submit a safety report to HSENI before starting operations Operator
s.010

Review of safety reports

  • Review and update your major accident safety report every 5 years and after significant events Operator

Part 4 — EMERGENCY PLANS FOR UPPER TIER ESTABLISHMENTS

s.011

Objectives of emergency plans

  • Ensure your emergency plan covers containment, protection, communication and clean-up Occupier
s.012

Preparation, review and testing of internal emergency plans

  • Prepare, review and test internal emergency plans for upper tier COMAH sites Operator
s.013

Preparation of external emergency plans

Other duties (1) — Crown / regulator
  • HSENI must prepare external emergency plans for upper tier establishments Statutory regulator
s.014

Review and testing of external emergency plans

Other duties (1) — Crown / regulator
  • HSENI must review, revise and test external emergency plans every 3 years Statutory regulator
s.016

Implementing emergency plans

  • Implement your internal emergency plan without delay when a major accident occurs Operator
Browse 1 other section in this Part — procedural / definitional / commencement
s.015

Exemption of Executive from arranging preparation of an external emergency plan

Part 5 — INFORMATION

s.017

Provision of information to the public

  • Provide public information to the competent authority about your establishment Operator
s.018

Provision of information to persons likely to be affected by a major accident at an upper tier establishment

  • Provide safety information to people near your upper-tier COMAH site Operator
s.019

Provision of information pursuant to a request

  • Flag environmental information you believe should be kept from public disclosure Operator
s.020

Trans-boundary consequences

Other duties (1) — Crown / regulator
  • HSENI must share trans-boundary accident risk info with affected countries Statutory regulator
s.021

Power of the competent authority to accept information in another document

  • Tell HSENI in writing if you rely on another document for your COMAH submissions Operator

Part 6 — FUNCTIONS OF THE COMPETENT AUTHORITY

s.022

Examination of safety reports by the competent authority

Other duties (1) — Crown / regulator
  • HSENI must examine safety reports and communicate conclusions or prohibit operation Statutory regulator
s.023

Prohibition of operation

  • Comply with any prohibition notice served by HSENI Operator
s.024

Domino effects and domino groups

  • Cooperate with other operators in a domino group on major accident risks Operator
s.025

Inspections and investigations

Other duties (1) — Crown / regulator
  • HSENI must inspect and investigate major accident hazard sites Statutory regulator

Part 7 — ACTION TO BE TAKEN FOLLOWING A MAJOR ACCIDENT

s.026

Action to be taken following a major accident

  • Notify HSENI and provide information after a major accident Operator

Part 8 — ENFORCEMENT AND PENALTIES

s.027

Enforcement and penalties

Unlimited fine
  • Breach of major accident hazard requirements Any Person

Part 9 — FEES

Browse 2 other sections in this Part — procedural / definitional / commencement
s.028

Fees payable by operators to the competent authority

s.029

Fees payable to Executive for arranging for the preparation, review and testing of external emergency plans

Part 10 — CONSEQUENTIAL AMENDMENTS, REVOCATIONS, SAVING AND TRANSITIONAL PROVISIONS

Browse 4 other sections in this Part — procedural / definitional / commencement
s.030

Amendments

s.031

Revocations

s.032

Saving provisions

s.033

Transitional provisions

Schedules

s.sch001

If Explosives of Division 1.4 are unpacked or repacked, they...

  • Reclassify unpacked or repacked Division 1.4 explosives as P1a Any Person
s.sch002

A safety management system shall— (a) be proportionate to the...

  • Maintain a proportionate safety management system for major accident hazards Any Person
s.sch002

The following matters shall be addressed by the safety management...

  • Address key safety management matters in your COMAH safety management system Operator
s.sch003

Identification and accidental risks analysis and prevention methods—

  • Produce a safety report with detailed major accident risk analysis Operator
s.sch003

Measures of protection and intervention to limit the consequences of...

  • Describe your protective measures and intervention plans for major accidents Any Person
s.sch004

An internal emergency plan shall include the following information—

  • Prepare an internal emergency plan with specified information Operator
Browse 29 other Schedules — structural / supplementary
s.sch001

Substances and mixtures are classified in accordance with the CLP...

s.sch001

(1) Flammable aerosols are classified in accordance with Council Directive...

s.sch001

According to paragraph 2.6.4.5 in Annex I to the CLP...

s.sch001

Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition. This applies...

s.sch001

Ammonium nitrate (1,250/5,000): fertiliser grade. This applies to straight ammonium...

s.sch001

Ammonium nitrate (350/2,500): technical grade. This applies to ammonium nitrate...

s.sch001

Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the...

s.sch001

Potassium nitrate (5,000/10,000). This applies to any composite potassium nitrate...

s.sch001

Potassium nitrate (1,250/5,000). This applies to any composite potassium nitrate...

s.sch001

Upgraded biogas. For the purpose of these Regulations, upgraded biogas...

s.sch001

Mixtures shall be treated in the same way as pure...

s.sch001

Polychlorodibenzofurans and polychlorodibenzodioxins. The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are...

s.sch001

In cases where this dangerous substance falls within category P5a...

s.sch001

The CAS number is shown only for indication.

s.sch001

The qualifying quantities set out in Parts 1 and 2...

s.sch001

The following rules governing the addition of dangerous substances, or...

s.sch001

In the case of dangerous substances which are not covered...

s.sch001

In the case of dangerous substances with properties giving rise...

s.sch001

Dangerous substances that fall within Acute Toxic Category 3 via...

s.sch001

The hazard class Explosives includes explosive articles (see Section 2.1...

s.sch001

Testing for explosive properties of substances and mixtures is only...

s.sch003

The data and information to be included in a safety...

s.sch003

Information on the management system and on the organisation of...

s.sch003

The environment of the establishment— (a) a description of the...

s.sch003

The establishment— (a) a description of the main activities and...

s.sch004

An external emergency plan shall include the following information—

s.sch005

A major accident meets the criteria in this Schedule if...

s.sch005

Any major accident falling within paragraph (a), or having at...

s.sch005

Any accidents or ‘near misses’ which the Member State regards...

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

Health and Safety Executive for Northern Ireland

Promotes and enforces health and safety at work standards in Northern Ireland. NI equivalent of HSE with similar enforcement powers under local …

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