UK Statutory Instrument SI 2015 United Kingdom

Control of Major Accident Hazards Regulations 2015

These Regulations impose requirements with respect to the control of major accident hazards involving dangerous substances. The expressions “major accident” and “dangerous substances” are defined in regulation 2(1). The Regulations implement Directive 2012/18/EU of the European Parliament and of the Council on the control of major accident hazards involving dangerous …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
HSE, Environment Agency, ONR, NRW, ORR, SEPA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 4 of 27 obligations carry up to 2 years imprisonment. 3 carry different penalties and 20 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator19 Occupier2 Any Person1

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 803 other Acts
Occupier — also bound by 246 other Acts
Highways Act 1980 23 duties
Any Person — also bound by 2684 other Acts

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 shown
4 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.003 Application and exceptions (opens in a new tab)
s.004 The competent authority (opens in a new tab)
Part 2

GENERAL DUTIES OF OPERATORS OF ALL ESTABLISHMENTS

3 of 3 sections shown
s.005 General duties of operators (opens in a new tab) Regulated
  • Take all measures to prevent major accidents and limit consequencesOperator
s.006 Notifications (opens in a new tab) Regulated
  • Notify the competent authority about hazardous substance sitesOperator
s.007 Major accident prevention policies (opens in a new tab) Regulated
  • Prepare and implement a major accident prevention policyOperator
Part 3

SAFETY REPORTS FOR UPPER TIER ESTABLISHMENTS

3 of 3 sections shown
s.008 Purposes of safety reports (opens in a new tab) Regulated
  • Prepare and submit a safety report for upper tier establishmentsOperator
s.009 Requirements relating to the preparation of safety reports (opens in a new tab) Regulated
  • Prepare and submit a safety report for major hazard sitesOperator
s.010 Review of safety reports (opens in a new tab) Regulated
  • Review and revise your safety report at least every 5 years and after major changesOperator
Part 4

EMERGENCY PLANS FOR UPPER TIER ESTABLISHMENTS

5 of 6 sections shown
s.011 Objectives of emergency plans (opens in a new tab) Regulated
  • Ensure emergency plans meet statutory safety and communication objectivesOccupier
s.012 Preparation, review and testing of internal emergency plans (opens in a new tab) Regulated
  • Prepare, test, and review an internal emergency planOperator
s.013 Preparation of external emergency plans (opens in a new tab) Regulated
  • Provide local authorities with info for external emergency plansOperator
s.014 Review and testing of external emergency plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must review and test external emergency plansLocal authority
s.016 Implementing emergency plans (opens in a new tab) Prosecution
  • Activate emergency plans immediately following a major accidentOperator

Unlimited fine

1 other section in this Part — procedural and definitional
s.015 Exemption of local authority from preparing an external emergency plan (opens in a new tab)
Part 5

INFORMATION

4 of 5 sections shown
s.017 Provision of information to the public (opens in a new tab) Prosecution
  • Provide site safety information to the regulator for public disclosureOperator

Unlimited fine

s.018 Provision of information to persons likely to be affected by a major accident at an upper tier establishment (opens in a new tab) Imprisonment
  • Provide safety information to neighbours and public sitesOperator
s.019 Provision of information pursuant to a request (opens in a new tab) Regulated
  • Flag environmental information you believe should be kept confidentialOperator
s.020 Trans-boundary consequences (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Competent authority must share safety info with potentially affected countriesStatutory regulator
1 other section in this Part — procedural and definitional
s.021 Power of the competent authority to accept information in another document (opens in a new tab)
Part 6

FUNCTIONS OF THE COMPETENT AUTHORITY

4 of 4 sections shown
s.022 Examination of safety reports by the competent authority (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Competent authority must review and respond to safety reportsStatutory regulator
s.023 Prohibition of operation (opens in a new tab) Imprisonment
  • Comply with any notice to stop or prevent operationsOperator
s.024 Domino effects and domino groups (opens in a new tab) Regulated
  • Cooperate with other operators in a domino group on major accident hazardsOperator
s.025 Inspections and investigations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Competent authority must conduct systematic inspections and investigationsStatutory 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 (opens in a new tab) Prosecution
  • Notify the competent authority and provide details after a major accidentOperator

Unlimited fine

Part 8

ENFORCEMENT AND PENALTIES

1 of 1 section shown
s.027 Enforcement and penalties (opens in a new tab) Imprisonment
  • Fail to comply with a CMAR requirement or prohibitionAny Person
Part 9

FEES

2 of 2 sections shown
s.028 Fees payable by operators to the competent authority (opens in a new tab) Regulated
  • Pay fees to the competent authority for COMAH-related workOperator
s.029 Fees payable to local authorities for the preparation, review and testing of external emergency plans (opens in a new tab) Regulated
  • Pay local authority fees for external emergency plan workOperator
Part 10

CONSEQUENTIAL AMENDMENTS, REVOCATIONS, SAVING AND TRANSITIONAL PROVISIONS

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.030 Amendments (opens in a new tab)
s.031 Revocations (opens in a new tab)
s.032 Saving provisions (opens in a new tab)
s.033 Transitional provisions (opens in a new tab)
Part 11

REVIEW

1 of 1 section shown
s.034 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review and report on COMAH Regulations every five yearsCrown / Minister / Government department
Schedules

Schedules

3 of 52 shown
s.002 Requirements and matters to be addressed by safety management systems (opens in a new tab) Imprisonment
  • Establish and maintain a Major Accident Safety Management SystemOperator
s.sch003 Minimum data and information to be included in a safety report (opens in a new tab) Regulated
  • Include specific minimum information in your COMAH safety reportOperator
s.sch004 Information to be included in internal and external emergency plans (opens in a new tab) Regulated
  • Include specific safety and coordination details in emergency plansOccupier
49 other schedules
s.006 Amendments to secondary legislation (opens in a new tab)
s.sch001 Dangerous substances (opens in a new tab)
s.sch001 Substances and mixtures are classified in accordance with the CLP...
s.sch001 If Explosives of Division 1.4 are unpacked or repacked, they...
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 must 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.sch002 A safety management system must— (a) be proportionate to the...
s.sch002 The following matters must be addressed by the safety management...
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.sch003 Identification and accidental risks analysis and prevention methods—
s.sch003 Measures of protection and intervention to limit the consequences of...
s.sch005 Criteria for the notification of a major accident to the European Commission (opens in a new tab)
s.sch005 A major accident meets the criteria in this Schedule if...
s.sch005 A major accident falling within paragraph (a), or having at...
s.sch005 Any accidents or ‘near misses’ which the Member State regards...
s.sch006 In the Civil Contingencies Act 2004 (Contingency Planning)(Scotland) Regulations 2005...
s.sch006 In the Petroleum (Consolidation) Regulations 2014 , in regulation 3(1)(b),...
s.sch006 In the Health and Safety and Nuclear (Fees) Regulations 2015...
s.sch006 In the Regulatory Reform (Fire Safety) Order 2005 , in...
s.sch006 In the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005...
s.sch006 In the Health and Safety (Enforcing Authority for Railways and...
s.sch006 In the Fire (Scotland) Act 2005 (Commencement No. 3 and...
s.sch006 In the Waste (England and Wales) Regulations 2011 , in...
s.sch006 (1) Schedule 4 to the 2012 Regulations is amended as...
s.sch006 (1) Schedule 7 to the Natural Resources Body for Wales...
s.sch006 In Schedule 2 to the Employment Tribunals and the Employment...
s.schedule/4/part/1/paragraph/wrapper1n2 An internal emergency plan must include the following information—
s.schedule/4/part/2/paragraph/wrapper2n2 An external emergency plan must include the following information—

Help complying

Guvnor’s practical routes through this instrument.

Start a renewable energy business

Launch a renewable energy generation business (solar, wind, hydrogen, battery storage)

Set up a quarrying and mining business

Extract stone, sand, gravel, clay, salt, peat or other minerals. Get planning permission and the permits for your site, then run the …

Set up as a chemical manufacturer

Learning path for new chemical and chemical-products manufacturers. Work out which regimes apply to your products and site, get your substances and …

Set up a basic metal production business

Learning path for new basic-metal producers — iron and steelworks, aluminium and other non-ferrous smelters and refiners, and iron, steel and non-ferrous …

Set up a coke or petroleum manufacturing business

Learning path for new operators of oil refineries, coke works and refined-petroleum plants. Work out which rules apply, set up a safe …

Set up a petroleum extraction business

Extract crude oil or natural gas, onshore or offshore. Get a petroleum licence, then the consents for your site, and control explosion …
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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.