- Enforced by
- HSENI
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Prosecution 1 of 28 obligations carry an unlimited fine. 27 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Operator18
Any Person4
Occupier1
Plus 5 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Operator — also bound by 746 other Acts
Regulation (EU) No 965/2012 (Air Operations)
203 duties
Space Industry Regulations 2021
76 duties
Any Person — also bound by 2340 other Acts
Human Medicines Regulations 2012
184 duties
Merchant Shipping Act 1995
144 duties
Insolvency (England and Wales) Rules 2016
104 duties
Communications Act 2003
92 duties
Road Traffic Act 1988
92 duties
Occupier — also bound by 235 other Acts
Highways Act 1980
23 duties
What it requires
Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Part 1
INTRODUCTION
0 of 4 sections shown4 other sections in this Part — procedural and definitional
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
3 of 3 sections shown
s.005
General duties of operators
Regulated
- Take all measures to prevent major accidents and limit their consequencesOperator
s.006
Notifications
Regulated
- Notify HSENI before building, operating or changing a COMAH establishmentOperator
s.007
Major accident prevention policies
Regulated
- Prepare and retain a written major accident prevention policyOperator
Part 3
SAFETY REPORTS FOR UPPER TIER ESTABLISHMENTS
3 of 3 sections shown
s.008
Purposes of safety reports
Regulated
- Prepare a safety report for upper tier COMAH establishmentsOperator
s.009
Requirements relating to the preparation of safety reports
Regulated
- Prepare and submit a safety report to HSENI before starting operationsOperator
s.010
Review of safety reports
Regulated
- Review and update your major accident safety report every 5 years and after significant eventsOperator
Part 4
EMERGENCY PLANS FOR UPPER TIER ESTABLISHMENTS
5 of 6 sections shown
s.011
Objectives of emergency plans
Regulated
- Ensure your emergency plan covers containment, protection, communication and clean-upOccupier
s.012
Preparation, review and testing of internal emergency plans
Regulated
- Prepare, review and test internal emergency plans for upper tier COMAH sitesOperator
s.013
Preparation of external emergency plans
Regulated
Other duties (1) — Crown / regulator
- HSENI must prepare external emergency plans for upper tier establishmentsStatutory regulator
s.014
Review and testing of external emergency plans
Regulated
Other duties (1) — Crown / regulator
- HSENI must review, revise and test external emergency plans every 3 yearsStatutory regulator
s.016
Implementing emergency plans
Regulated
- Implement your internal emergency plan without delay when a major accident occursOperator
1 other section in this Part — procedural and definitional
s.015
Exemption of Executive from arranging preparation of an external emergency plan
Part 5
INFORMATION
5 of 5 sections shown
s.017
Provision of information to the public
Regulated
- Provide public information to the competent authority about your establishmentOperator
s.018
Provision of information to persons likely to be affected by a major accident at an upper tier establishment
Regulated
- Provide safety information to people near your upper-tier COMAH siteOperator
s.019
Provision of information pursuant to a request
Regulated
- Flag environmental information you believe should be kept from public disclosureOperator
s.020
Trans-boundary consequences
Regulated
Other duties (1) — Crown / regulator
- HSENI must share trans-boundary accident risk info with affected countriesStatutory regulator
s.021
Power of the competent authority to accept information in another document
Regulated
- Tell HSENI in writing if you rely on another document for your COMAH submissionsOperator
Part 6
FUNCTIONS OF THE COMPETENT AUTHORITY
4 of 4 sections shown
s.022
Examination of safety reports by the competent authority
Regulated
Other duties (1) — Crown / regulator
- HSENI must examine safety reports and communicate conclusions or prohibit operationStatutory regulator
s.023
Prohibition of operation
Regulated
- Comply with any prohibition notice served by HSENIOperator
s.024
Domino effects and domino groups
Regulated
- Cooperate with other operators in a domino group on major accident risksOperator
s.025
Inspections and investigations
Regulated
Other duties (1) — Crown / regulator
- HSENI must inspect and investigate major accident hazard sitesStatutory regulator
Part 7
ACTION TO BE TAKEN FOLLOWING A MAJOR ACCIDENT
1 of 1 section shown
s.026
Action to be taken following a major accident
Regulated
- Notify HSENI and provide information after a major accidentOperator
Part 8
ENFORCEMENT AND PENALTIES
1 of 1 section shown
s.027
Enforcement and penalties
Prosecution
- Breach of major accident hazard requirementsAny Person
Unlimited fine
Part 9
FEES
0 of 2 sections shown2 other sections in this Part — procedural and definitional
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
0 of 4 sections shown4 other sections in this Part — procedural and definitional
s.030
Amendments
s.031
Revocations
s.032
Saving provisions
s.033
Transitional provisions
Schedules
Schedules
6 of 35 shown
s.sch001
If Explosives of Division 1.4 are unpacked or repacked, they...
Regulated
- Reclassify unpacked or repacked Division 1.4 explosives as P1aAny Person
s.sch002
A safety management system shall— (a) be proportionate to the...
Regulated
- Maintain a proportionate safety management system for major accident hazardsAny Person
s.sch002
The following matters shall be addressed by the safety management...
Regulated
- Address key safety management matters in your COMAH safety management systemOperator
s.sch003
Identification and accidental risks analysis and prevention methods—
Regulated
- Produce a safety report with detailed major accident risk analysisOperator
s.sch003
Measures of protection and intervention to limit the consequences of...
Regulated
- Describe your protective measures and intervention plans for major accidentsAny Person
s.sch004
An internal emergency plan shall include the following information—
Regulated
- Prepare an internal emergency plan with specified informationOperator
29 other schedules
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...
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.