The Control of Major Accident Hazards Regulations (Northern Ireland) 2015

Dangerous substances that fall within Acute Toxic Category 3 via the oral route (H 301) fall under entry H2 ACUTE TOXIC in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.

8

The hazard class Explosives includes explosive articles (see Section 2.1 of Annex I to the CLP Regulation). If the quantity of the explosive substance or mixture contained in the article is known, that quantity shall be considered for the purposes of these Regulations. If the quantity of the explosive substance or mixture contained in the article is not known, then, for the purposes of these Regulations, the whole article shall be treated as explosive.

9

Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to Appendix 6, Part 3 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria (“the UN Manual of Tests and Criteria”) identifies the substance or mixture as potentially having explosive properties.

10

If Explosives of Division 1.4 are unpacked or repacked, they shall be assigned to the entry P1a, unless the hazard is shown to still correspond to Division 1.4, in accordance with the CLP Regulation.

11

• (1) Flammable aerosols are classified in accordance with Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers . “Extremely flammable” and “Flammable” aerosols of that Directive correspond to Flammable Aerosols Category 1 and 2 respectively of the CLP Regulation.

• (2) In order to use this entry, it shall be documented that the aerosol dispenser does not contain Flammable Gas Category 1 or 2 nor Flammable Liquid Category 1.

12

According to paragraph 2.6.4.5 in Annex I to the CLP Regulation, liquids with a flash point of more than 35 °C need not be classified in Category 3 if negative results have been obtained in the sustained combustibility test L.2, Part III, section 32 of the UN Manual of Tests and Criteria. This is however not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.

13

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

14

Ammonium nitrate (1,250/5,000): fertiliser grade.

15

Ammonium nitrate (350/2,500): technical grade.

16

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

17

Potassium nitrate (5,000/10,000).

18

Potassium nitrate (1,250/5,000).

19

Upgraded biogas.

20

Polychlorodibenzofurans and polychlorodibenzodioxins.

21

In cases where this dangerous substance falls within category P5a Flammable liquids or P5b Flammable liquids, then for the purposes of these Regulations the lowest qualifying quantity applies.

22

The CAS number is shown only for indication.

SCHEDULE 2 — REQUIREMENTS AND MATTERS TO BE ADDRESSED BY SAFETY MANAGEMENT SYSTEMS

1

A safety management system shall—

• (a) be proportionate to the hazards, industrial activities and complexity of the organisation in the establishment;

• (b) be based on assessment of the risks;

• (c) include within its scope the general management system including the organisational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the major accident prevention policy.

2

The following matters shall be addressed by the safety management system—

• (a) in relation to the organisation and personnel—

• (i) the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation, together with the measures taken to raise awareness of the need for continuous improvement;

• (ii) the identification of training needs of such personnel and the provision of the training;

• (iii) the involvement of employees and of subcontracted personnel working in the establishment, which are important from the point of view of safety;

• (b) the identification and evaluation of major hazards: adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operation, including subcontracted activities where applicable, and the assessment of their likelihood and severity;

• (c) in relation to operational control—

• (i) the adoption and implementation of procedures and instructions for safe operation, including maintenance, of plant, processes and equipment, and for alarm management and temporary stoppages;

• (ii) the taking into account available information on best practices for monitoring and control, with a view to reducing the risk of system failure;

• (iii) the management and control of the risks associated with ageing equipment installed in the establishment and its corrosion;

• (iv) the inventory of the establishment's equipment, and the strategy and methodology for the monitoring and control of the condition of the equipment;

• (v) appropriate follow up actions and any necessary counter-measures;

• (d) the management of change: the adoption and implementation of procedures for planning modifications to, or the design of new installations, processes or storage facilities;

• (e) in relation to planning for emergencies—

• (i) the adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis;

• (ii) the preparation, testing and review of emergency plans to respond to emergencies and the provision of specific training for the staff, such training to be given to all personnel working in the establishment, including relevant subcontracted personnel;

• (f) in relation to monitoring performance—

• (i) the adoption and implementation of procedures for the ongoing assessment of compliance with the objectives set by the operator's major accident prevention policy and safety management system, and the mechanisms for investigation and taking corrective action in case of non-compliance;

• (ii) the procedures shall cover the operator's system for reporting major accidents or ‘near misses’, particularly those involving failure of protective measures, and their investigation and follow-up on the basis of lessons learned;

• (iii) the procedures could also include performance indicators such as safety performance indicators (SPIs) and/or other relevant indicators;

• (g) in relation to audit and review—

• (i) the adoption and implementation of procedures for periodic systematic assessment of the major accident prevention policy and the effectiveness and suitability of the safety management system;

• (ii) the documented review of performance of the policy and safety management system and its updating by senior management, including consideration and incorporation of necessary changes indicated by the audit and review.

SCHEDULE 3 — MINIMUM DATA AND INFORMATION TO BE INCLUDED IN A SAFETY REPORT

1

The data and information to be included in a safety report is specified in paragraphs 2 to 6.

2

Information on the management system and on the organisation of the establishment with a view to major accident prevention, including the matters set out in Schedule 2 in relation to the safety management system.

3

The environment of the establishment—

• (a) a description of the establishment and its environment including the geographical location, meteorological, geological, hydrographic conditions and, if necessary, its history;

• (b) identification of installations and other activities of the establishment which could present a major accident hazard;

• (c) on the basis of available information, identification of neighbouring establishments, as well as sites that fall outside the scope of these Regulations, areas and developments that could be the source of, or increase the risk or consequences of a major accident and of domino effects; and

• (d) a description of areas where a major accident may occur.

4

The establishment—

• (a) a description of the main activities and products of the parts of the establishment which are important from the point of view of safety, sources of major accident risks and conditions under which such a major accident could happen, together with a description of proposed preventive measures;

• (b) a description of processes, in particular the operating methods; where applicable, taking into account available information on best practices;

• (c) a description of dangerous substances, including their classification under the CLP Regulation—

• (i) an inventory of dangerous substances including—

• (aa) the identification of dangerous substances: chemical name, CAS number and name according to IUPAC nomenclature;

• (bb) the maximum quantity of dangerous substances present or likely to be present;

• (ii) the physical, chemical, toxicological characteristics and indication of the hazards, both immediate and delayed for human health and the environment;

• (iii) the physical and chemical behaviour under normal conditions of use or under foreseeable accidental conditions.

5

Identification and accidental risks analysis and prevention methods—

• (a) a detailed description of the possible major accident scenarios and their probability or the conditions under which they might occur including a summary of the events which may play a role in triggering each of these scenarios, the causes being internal or external to the installation; including in particular—

• (i) operational causes;

• (ii) external causes, such as those related to domino effects, sites that fall outside the scope of these Regulations, areas and developments that could be the source of, or increase the risk or consequences of a major accident;

• (iii) natural causes, for example earthquakes or floods;

• (b) an assessment of the extent and severity of the consequences of identified major accidents including maps, images or, as appropriate, equivalent descriptions, showing areas which are likely to be affected by such accidents arising from the establishment;

• (c) a review of past accidents and incidents with the same substances and processes used, consideration of lessons learned from these, and explicit reference to specific measures taken to prevent such accidents;

• (d) a description of technical parameters and equipment used for the safety of installations.

6

Measures of protection and intervention to limit the consequences of a major accident—

• (a) a description of the equipment installed in the plant to limit the consequences of major accidents for human health and environment, including for example detection/protection systems, technical devices for limiting the size of accidental releases, including water spray; vapour screens; emergency catch pots or collection vessels; shut-off valves; inerting systems; and fire water retention;

• (b) the organisation of alert and intervention;

• (c) a description of mobilisable resources, internal or external; and

• (d) a description of any technical and non-technical measures relevant for the reduction of the impact of a major accident.

SCHEDULE 4 — INFORMATION TO BE INCLUDED IN INTERNAL AND EXTERNAL EMERGENCY PLANS

PART 1 — INTERNAL EMERGENCY PLANS

1

An internal emergency plan shall include the following information—

• (a) the name or position of—

• (i) any person authorised to set emergency procedures in motion; and

• (ii) the person in charge of and co-ordinating the mitigatory action within the establishment;

• (b) the name or position of the person with responsibility for liaising with the Executive;

• (c) for foreseeable conditions or events which could be significant in bringing about a major accident, a description of the action which should be taken to control the conditions or events and to limit their consequences, including a description of the safety equipment and the resources available;

• (d) the arrangements for limiting the risks to persons within the establishment including how warnings are to be given and the actions persons are expected to take on receipt of a warning;

• (e) the arrangements for providing early warning of the incident to the Executive, the type of information which should be contained in an initial warning and the arrangements for the provision of more detailed information as it becomes available;

• (f) where necessary, the arrangements for training staff in the duties they will be expected to perform and, as appropriate, co-ordinating this with the emergency services;

• (g) the arrangements for providing assistance with mitigatory action outside the establishment.

PART 2 — EXTERNAL EMERGENCY PLANS

2

An external emergency plan shall include the following information—

• (a) the name or position of—

• (i) any person authorised to set emergency procedures in motion; and

• (ii) any person authorised to take charge of and co-ordinate action outside the establishment;

• (b) the arrangements for receiving early warning of incidents, and alert and call-out procedures;

• (c) the arrangements for co-ordinating resources necessary to implement the external emergency plan;

• (d) the arrangements for providing assistance with mitigatory action within the establishment;

• (e) the arrangements for mitigatory action outside the establishment, including responses to major accident scenarios as set out in the safety report and considering possible domino effects, including those having an impact on the environment;

• (f) the arrangements for providing the public and any neighbouring establishments or sites that fall outside the scope of these Regulations in accordance with regulation 24 (Domino effects and domino groups) with specific information relating to the accident and the behaviour which should be adopted;

• (g) the arrangements for the provision of information to the emergency services of other countries in the event of a major accident with possible trans-boundary consequences.

SCHEDULE 5 — CRITERIA FOR THE NOTIFICATION OF A MAJOR ACCIDENT TO THE EUROPEAN COMMISSION

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 — AMENDMENTS

PART 1 — AMENDMENT TO PRIMARY LEGISLATION

Column 1 Title	Column 2 Reference	Column 3 Extent of amendment
Petroleum (Consolidation) Act (Northern Ireland) 1929[^f00040]	1929 c. 13 (N.I.)	In Section 24A(a) for “Control of Major Accident Hazards Regulations (Northern Ireland) 2000” substitute “Control of Major Accident Hazards Regulations (Northern Ireland) 2015”

PART 2 — AMENDMENTS TO SUBORDINATE LEGISLATION

4

for “under regulation 5 of Control of Major Accident Hazards Regulations (Northern Ireland) 2000” substitute “ under regulation 7 of Control of Major Accident Hazards Regulations (Northern Ireland) 2015 ”

5

for “under regulation 7 of those Regulations” substitute “ under Part 3 of those Regulations ”

SCHEDULE 7 — REVOCATIONS

Column 1 Title	Column 2 Reference	Column 3 Extent of revocation
Control of Major Accident Hazards Regulations (Northern Ireland) 2000	S.R. 2000 No. 93	The whole Regulations
The Control of Major Accident Hazards (Amendment) Regulations (Northern Ireland) 2005	S.R. 2005 No. 305	The whole Regulations
Health and Safety (Fees) Regulations (Northern Ireland) 2012	S.R. 2012 No. 255	regulation 13(3)
Landfill (Amendment) Regulations (Northern Ireland) 2013	S.R. 2013 No. 161	regulation 4
The Control of Major Accident Hazards (Amendment) Regulations (Northern Ireland) 2014	S.R. 2014 No. 74	The whole Regulations

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 26th August 2015.

Eugene Rooney — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations)

1These 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 substances, amending and subsequently repealing Council Directive 96/82/EC (O.J. No. L 197, 24.7.2012, p.1) (“Seveso III Directive”), except for Articles 13 and 15, which relate to land use planning, and Article 30, which was implemented by the Control of Major Accident Hazards (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014 No. 74).

2The Regulations apply to establishments, as defined in regulation 2(1), where dangerous substances are present or are likely to be present in quantities equal to or exceeding the quantities specified in column 2 of Part 1 or in column 2 of Part 2 of Schedule 1. Establishments may be either a “lower tier establishment” or an “upper tier establishment”, as defined in regulation 2(1). The Regulations do not apply in the circumstances specified in regulation 3(2).

3The competent authority for the purposes of the Regulations is the Executive and the Department of the Environment acting jointly.

4The Regulations—aimpose a duty on an operator (as defined in regulation 2(1)) to take all measures necessary to prevent major accidents and to limit their consequences for human health and the environment (regulation 5(1));bimpose a duty on an operator to demonstrate to the competent authority that it has taken all measures necessary as specified in the Regulations (regulation 5(2));cimpose a duty on an operator to provide the competent authority with all assistance necessary to enable the competent authority to perform its functions under the Regulations (regulation 5(3));dimpose a duty on an operator to provide assistance as necessary to the competent authority to enable the carrying out of inspections and investigations and to gather any necessary information to enable the competent authority to perform its functions under the Regulations (regulation 5(4));eimpose a duty on an operator to send the competent authority a notification containing specified information—iwithin a reasonable period of time prior to the start of construction of a new establishment (regulation 6(1)); (the expression “new establishment” is defined in regulation 2(1));iiwithin a reasonable period of time prior to the start of operation of a new establishment (regulation 6(2)), except that this does not need to contain information already contained in a notification sent under regulation 6(1) if that information is still valid;iiiby 1 June 2016 in the case of an existing establishment (regulation 6(4)) (the expression “existing establishment” is defined in regulation 2(2));ivin the case of an other establishment, within one year from the date when the establishment first becomes an other establishment (regulation 6(5)) (the expression “other establishment” is defined in regulation 2(1)); andvin advance, in the case of specified events (regulation 6(6));fimpose a duty on an operator to prepare and retain in writing a major accident prevention policy containing specified information and to revise it in specified circumstances (regulation 7 and Schedule 2);grequire the operator of an upper tier establishment to send at specified times a safety report to the competent authority (for the purposes specified in regulation 8) containing specified information, and not to start construction or operation of the establishment or to permit modifications to the establishment leading to a change in the inventory of dangerous substances, until it has received the competent authority's conclusions of its examination of the safety report (regulation 9 and Schedule 3);hrequire the operator of an upper tier establishment to review and revise the safety report in specified circumstances (regulation 10);irequire the operator of an upper tier establishment to prepare an internal emergency plan with specified objectives (set out in regulation 11), containing specified information and to review and test the plan (regulation 12 and Schedule 4);jrequire the Executive (as defined in regulation 2(1)) to arrange for the preparation of an external emergency plan for each upper tier establishment with specified objectives (set out in regulation 11) and containing specified information (regulation 13 and Schedule 4), subject to any exemption that may be granted by the Department under regulation 15;krequire the Executive to review and to test the external emergency plan (regulation 14);lrequire an operator who has prepared an internal emergency plan or the Executive which has arranged for the preparation of an external emergency plan under a duty imposed by the Regulations to put it into effect in specified circumstances (regulation 16);mrequire the competent authority to ensure that specified information is made available to the public, including by electronic means, in specified circumstances (regulation 17);nrequire the operator of an upper tier establishment to send regularly to specified persons in an area notified by the competent authority (as being an area which in the opinion of the competent authority persons are liable to be affected by a major accident occurring at the establishment) specified information in the most appropriate form without them having to request it (regulation 18);orequire the competent authority to adopt a specified procedure in dealing with a request for information (regulation 19);prequire the competent authority to provide a potentially affected Member State with sufficient information where an upper tier establishment presents a major accident hazard with possible trans-boundary consequences (regulation 20);qgive the competent authority power to accept information in another document (regulation 21);rimpose functions on the competent authority with respect to—iits examination of the safety report sent by the operator (regulation 22);iiprohibiting the operation of an establishment (regulation 23);iiiits identification of domino groups of establishments, and impose duties on the operators of such establishments to co-operate in relation to specified matters (regulation 24);ivinspections and investigations (regulation 25);simpose specified requirements as regards action to be taken following a major accident on the operator of the establishment concerned, the competent authority and the Executive (regulation 26);timpose functions on the competent authority with respect to enforcement and penalties (regulation 27);uprovide for fees to be payable by the operator to the competent authority for the performance of specified functions by the Executive or competent authority (regulation 28);vprovide for fees to be payable by the operator to the Executive for arranging for the preparation, review and testing of the external emergency plan (regulation 29);wamend the legislation specified in Schedule 6 (regulation 30);xrevoke the legislation specified in Schedule 7 (regulation 31); andycontain saving and transitional provisions (regulations 32 and 33).

5In Great Britain the corresponding Regulations are the Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483). The Great Britain Health and Safety Executive has prepared a full impact assessment of the effect that those Regulations will have on costs to business and the voluntary sector. A copy of that assessment together with a Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR from where a copy may be obtained on request. A copy of the transposition note in relation to the implementation of the Seveso III Directive can also be obtained from the same offices. Copies of the impact assessment and transposition note are annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.

Footnotes

[^f00001]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3

[^f00002]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^f00003]: 1972 c. 68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51). Section 2(2) was further amended by section 27(1) 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)

[^f00004]: Article 17 shall be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

[^f00005]: S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19

[^f00006]: S.I. 1998/1750

[^f00007]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^f00008]: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

[^f00009]: O.J. No L353, 31.12.08, p.1

[^f00010]: S.R. 2000 No. 93, as amended by S.R. 2005 No. 305, S.R. 2008 No. 424, S.R. 2009 No. 132, S.R. 2013 No. 161 and S.R. 2014 No. 74

[^f00011]: Chemical Abstracts Service (www.cas.org), is a division of the American Chemical Society

[^f00012]: O.J. No L353, 31.12.08, p.1

[^f00013]: 1972 c. 9

[^f00014]: S.I. 1991/194 (N.I. 1)

[^f00015]: 2009 c. 1

[^f00016]: O.J. No. L 197, 24.7.2012, p. 1

[^f00017]: S.R. 1997 No. 193, as amended by S.R. 1999 No. 150 and S.R. 2009 No. 238

[^f00018]: 1954 c.33 (N.I.), as amended by S.I. 1999/663

[^f00019]: 1964 c. 5

[^f00020]: 1952 c. 67

[^f00021]: S.R. 2013 No. 160, as amended by S.R. 2014 No. 304

[^f00022]: O.J. No. L326, 3.12.1998, p. 1

[^f00023]: S.I. 1993/3159 (N.I. 14)

[^f00024]: S.I. 2004/3391, to which there are amendments not relevant to these Regulations

[^f00025]: S.R. 2013 No. 160

[^f00026]: S.R. 2005 No. 150, as amended by S.R. 2005 No. 376, S.R. 2005 No. 578 S.R 2006 No. 261, S.R. 2007 No. 340, S.R. 2007 No. 494, 2009 c. 3. 2010 c. 3 (N.I.) and S.R. 2011 No. 161; revoked in part by S.R. 2006 No. 261

[^f00027]: S.R. 2015 No. 61

[^f00028]: S.R. 2013 No. 160, as amended by S.R. 2014 No. 304

[^f00029]: S.I. 1997/2777 (N.I. 18)

[^f00030]: S.R. 1999 No. 90 as amended by, S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31, S.R. 2007 No. 291, S.R. 2009 No. 238 and S.R. 2012 No. 179

[^f00031]: S.R. 2005 No. 150, as amended by S.R. 2005 No. 376, S.R. 2005 No. 578, S.R. 2006 No. 261, S.R. 2007 No. 340, S.R. 2007 No. 494, 2009 c. 3, 2010 c. 3 (N.I.) and S.R. 2011 No. 161; revoked in part by S.R. 2006 No. 261

[^f00032]: S.R. 1985 No. 175

[^f00033]: More guidance on waiving of the test can be found in the A.14 (explosive properties) method description in the Annex to Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration Evaluation, Authorisation and Restriction of Chemicals (REACH) (O.J. L 142, 31.5.2008, p. 1)

[^f00034]: O.J. L 147, 9.6.1975, p. 40

[^f00035]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate

[^f00036]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate

[^f00037]: O.J. L 304, 21.11.2003, p. 1

[^f00038]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate

[^f00039]: International Union of Pure and Applied Chemistry (www. iupac.org)

[^f00040]: 1929 c. 13 (N.I.), as amended by S.R. 2000 No. 93; there are other amending instruments but none is relevant

[^f00041]: S.R. & O. 1930 No. 11, as amended by S.R. 2000 No. 93 and S.R 2003 No. 152

[^f00042]: S.R. 1983 No. 43, as amended by S.R. 2000 No. 93 and S.R 2003 No. 152

[^f00043]: S.I. 2005/2042

[^f00044]: S.R. 2010 No. 412, as amended by S.R. 2011 No. 385

[^f00045]: S.R. 2012 No. 255, as amended by S.R. 2014 No. 280

[^f00046]: S.R. 2013 No. 160, as amended by S.R. 2014 No. 304

In Section 24A(a) for “Control of Major Accident Hazards Regulations (Northern Ireland) 2000” substitute “ Control of Major Accident Hazards Regulations (Northern Ireland) 2015 ”

In regulation 15A(a) for “Control of Major Accident Hazards Regulations (Northern Ireland) 2000” substitute “ Control of Major Accident Hazards Regulations (Northern Ireland) 2015 ”

Editorial notes

[^c22814841]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3

[^c22814851]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^c22814861]: 1972 c. 68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51). Section 2(2) was further amended by section 27(1) 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)

[^c22814871]: Article 17 shall be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

[^c22814881]: S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19

[^c22814891]: S.I. 1998/1750

[^c22814901]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^c22814911]: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

[^c22814921]: O.J. No L353, 31.12.08, p.1

[^c22814931]: S.R. 2000 No. 93, as amended by S.R. 2005 No. 305, S.R. 2008 No. 424, S.R. 2009 No. 132, S.R. 2013 No. 161 and S.R. 2014 No. 74

[^c22814941]: Chemical Abstracts Service (www.cas.org), is a division of the American Chemical Society

[^c22814951]: O.J. No L353, 31.12.08, p.1

[^c22814961]: 1972 c. 9

[^c22814971]: S.I. 1991/194 (N.I. 1)

[^c22814981]: 2009 c. 1

[^c22814991]: O.J. No. L 197, 24.7.2012, p. 1

[^c22815001]: S.R. 1997 No. 193, as amended by S.R. 1999 No. 150 and S.R. 2009 No. 238

[^c22815011]: 1954 c.33 (N.I.), as amended by S.I. 1999/663

[^c22815021]: 1964 c. 5

[^c22815031]: 1952 c. 67

[^c22815041]: S.R. 2013 No. 160, as amended by S.R. 2014 No. 304

[^c22815051]: O.J. No. L326, 3.12.1998, p. 1

[^c22815061]: S.I. 1993/3159 (N.I. 14)

[^c22815071]: S.I. 2004/3391, to which there are amendments not relevant to these Regulations

[^c22815081]: S.R. 2013 No. 160

[^c22815101]: S.R. 2015 No. 61

[^c22815111]: S.R. 2013 No. 160, as amended by S.R. 2014 No. 304

[^c22815121]: S.I. 1997/2777 (N.I. 18)

[^c22815131]: S.R. 1999 No. 90 as amended by, S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31, S.R. 2007 No. 291, S.R. 2009 No. 238 and S.R. 2012 No. 179

[^c22815151]: S.R. 1985 No. 175

[^c22815161]: More guidance on waiving of the test can be found in the A.14 (explosive properties) method description in the Annex to Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration Evaluation, Authorisation and Restriction of Chemicals (REACH) (O.J. L 142, 31.5.2008, p. 1)

[^c22815171]: O.J. L 147, 9.6.1975, p. 40

[^c22815181]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate

[^c22815191]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate

[^c22815201]: O.J. L 304, 21.11.2003, p. 1

[^c22815211]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate

[^c22815221]: International Union of Pure and Applied Chemistry (www. iupac.org)

[^c22815231]: 1929 c. 13 (N.I.), as amended by S.R. 2000 No. 93; there are other amending instruments but none is relevant

[^c22815241]: S.R. & O. 1930 No. 11, as amended by S.R. 2000 No. 93 and S.R 2003 No. 152

[^c22815251]: S.R. 1983 No. 43, as amended by S.R. 2000 No. 93 and S.R 2003 No. 152

[^c22815261]: S.I. 2005/2042

[^c22815271]: S.R. 2010 No. 412, as amended by S.R. 2011 No. 385

[^c22815281]: S.R. 2012 No. 255, as amended by S.R. 2014 No. 280

[^c22815291]: S.R. 2013 No. 160, as amended by S.R. 2014 No. 304

[^key-530a64df1974b3fb1fb7be1a39584023]: Words in reg. 23(6) substituted (27.1.2020) by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. 2020/3), reg. 1(2), Sch. 4 Pt. 2 para. 12(a) (with reg. 18)

[^key-cdadf6e0c460df44a60d270c171630df]: Words in reg. 28(9)(b) substituted (27.1.2020) by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. 2020/3), reg. 1(2), Sch. 4 Pt. 2 para. 12(b) (with reg. 18)

[^key-02e6914580567481bb2a4291f34594f9]: Word in reg. 17(2)(d) substituted (31.12.2020) by The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(2)

[^key-58e4aea6c9d6ae17faf4ba9b38c2a057]: Word in reg. 20(1) substituted (31.12.2020) by The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(3)(a)

[^key-3b4710115c46a7818a849f28ad97d25f]: Reg. 20(2) omitted (31.12.2020) by virtue of The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(3)(b)

[^key-adfacb418bc4f71f128732ddbea24652]: Words in reg. 26(3) substituted (31.12.2020) by The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(4)(a)

[^key-3fe730274c188f8ec7b51d1aa358b8bb]: Reg. 26(4) omitted (31.12.2020) by virtue of The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(4)(b)

[^key-4140acf5f493fc5ddabeada2594e2532]: Reg. 26(6) inserted (31.12.2020) by The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(4)(c)

[^key-736471c3ceacf6a431dd6f8b5c9ac0b4]: Word in Sch. 4 para. 2(g) substituted (31.12.2020) by The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(5)

[^key-dc2df795b122a59129d15d8926ef6340]: Sch. 5 omitted (31.12.2020) by virtue of The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/330), regs. 1(2), 9(6)