The Control of Major Accident Hazards Regulations 2015

Column 1	CAS number (see note 22)	Column 2	Column 3
		Qualifying quantity in tonnes of dangerous substances for the application of:	Qualifying quantity in tonnes of dangerous substances for the application of:
Dangerous substances		Qualifying quantity in tonnes of dangerous substances for the application of:	Qualifying quantity in tonnes of dangerous substances for the application of:
		Lower tier requirements	Upper tier requirements
1. Ammonium nitrate (see note 13)	-	5,000	10,000
2. Ammonium nitrate (see note 14)	-	1,250	5,000
3. Ammonium nitrate (see note 15)	-	350	2,500
4. Ammonium nitrate (see note 16)	-	10	50
5. Potassium nitrate (see note 17)	-	5,000	10,000
6. Potassium nitrate (see note 18)	-	1,250	5,000
7. Arsenic pentoxide, arsenic (V) acid and/or salts	1303-28-2	1	2
8. Arsenic trioxide, arsenious (III) acid and/or salts	1327-53-3		0.1
9. Bromine	7726-95-6	20	100
10. Chlorine	7782-50-5	10	25
11. Nickel compounds in inhalable powder form: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide	-		1
12. Ethyleneimine	151-56-4	10	20
13. Fluorine	7782-41-4	10	20
14. Formaldehyde (concentration ≥ 90 %)	50-00-0	5	50
15. Hydrogen	1333-74-0	5	50
16. Hydrogen chloride (liquefied gas)	7647-01-0	25	250
17. Lead alkyls	-	5	50
18. Liquefied flammable gases, Category 1 or 2 (including LPG) and natural gas (see note 19)	-	50	200
19. Acetylene	74-86-2	5	50
20. Ethylene oxide	75-21-8	5	50
21. Propylene oxide	75-56-9	5	50
22. Methanol	67-56-1	500	5,000
23. 4, 4′-Methylene bis (2-chloraniline) and/or salts, in powder form	101-14-4		0.01
24. Methylisocyanate	624-83-9		0.15
25. Oxygen	7782-44-7	200	2,000
26. 2,4 -Toluene diisocyanate 2,6 -Toluene diisocyanate	584-84-9 91-08-7	10	100
27. Carbonyl dichloride (phosgene)	75-44-5	0.3	0.75
28. Arsine (arsenic trihydride)	7784-42-1	0.2	1
29. Phosphine (phosphorus trihydride)	7803-51-2	0.2	1
30. Sulphur dichloride	10545-99-0		1
31. Sulphur trioxide	7446-11-9	15	75
32. Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent (see note 20)	-		0.001
33. The following CARCINOGENS or the mixtures containing the following carcinogens at concentrations above 5% by weight: 4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphoric triamide, Hydrazine, 2- Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone	-	0.5	2
34. Petroleum products and alternative fuels (a) gasolines and naphthas, (b) kerosenes (including jet fuels), (c) gas oils (including diesel fuels, home heating oils and gas oil blending streams), (d) heavy fuel oils, (e) alternative fuels serving the same purposes and with similar properties as regards flammability and environmental hazards as the products referred to in points (a) to (d)	-	2,500	25,000
35. Anhydrous ammonia	7664-41-7	50	200
36. Boron trifluoride	7637-07-2	5	20
37. Hydrogen sulphide	7783-06-4	5	20
38. Piperidine	110-89-4	50	200
39. Bis(2-dimethylaminoethyl) (methyl)amine	3030-47-5	50	200
40. 3-(2-Ethylhexyloxy)propylamine	5397-31-9	50	200
41. Mixtures of sodium hypochlorite classified as Aquatic Acute Category 1 [H400] containing less than 5% active chlorine and not classified under any of the other hazard categories in Part 1 of this Schedule, provided that the mixture in the absence of sodium hypochlorite would not be classified as Aquatic Acute Category 1 [H400].	-	200	500
42. Propylamine (see note 21)	107-10-8	500	2,000
43. Tert-butyl acrylate (see note 21)	1663-39-4	200	500
44. 2-Methyl-3-butenenitrile (see note 21)	16529-56-9	500	2,000
45. Tetrahydro-3,5-dimethyl-1,3,5-thiadiazine-2-thione (Dazomet) (see note 21)	533-74-4	100	200
46. Methyl acrylate (see note 21)	96-33-3	500	2,000
47. 3-Methylpyridine (see note 21)	108-99-6	500	2,000
48. 1-Bromo-3-chloropropane (see note 21)	109-70-6	500	2,000

PART 3 — Notes to Parts 1 and 2

1

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

2

Mixtures must be treated in the same way as pure substances provided they remain within concentration limits set according to their properties under the CLP Regulation, unless a percentage composition or other description is specifically given.

3

The qualifying quantities set out in Parts 1 and 2 of this Schedule relate to each establishment.

4

The following rules governing the addition of dangerous substances, or categories of dangerous substances, apply where appropriate.

5

In the case of dangerous substances which are not covered by the CLP Regulation, including waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major accident potential, these must be provisionally assigned to the most analogous category or named dangerous substance falling within the scope of these Regulations.

6

In the case of dangerous substances with properties giving rise to more than one classification, for the purposes of these Regulations the lowest qualifying quantities apply. However, for the application of the rule in Note 4, the lowest qualifying quantity for each group of categories in Notes 4(a), 4(b) and 4(c) corresponding to the classification concerned must be used.

7

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 must 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 must 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 must 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 must 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 must—

• (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 must 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 the training needs of such personnel and the provision of the training;

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

• (b) the identification and evaluation of major hazards: the 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 of 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 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 must 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 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 and—

• (i) an inventory of dangerous substances including—

• (aa) the identification of dangerous substances: the 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 the 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

An internal emergency plan must 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 local authority responsible for the external emergency plan;

• (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 an incident to the local authority responsible for setting the external emergency plan in motion, 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

An external emergency plan must 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 an accident and the behaviour which should be adopted;

• (g) the arrangements for the provision of information to the emergency services of other Member States 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 to secondary legislation

1

In the Civil Contingencies Act 2004 (Contingency Planning)(Scotland) Regulations 2005 , in regulation 9(a), for “1999” substitute “ 2015 ”.

2

In the Regulatory Reform (Fire Safety) Order 2005 , in article 47(2)(b), for “1999” substitute “ 2015 ”.

3

In the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 , in regulation 12(a), for “1999” substitute “ 2015 ”.

4

In the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 , in regulation 4(3)(c), for “1999” substitute “ 2015 ”.

5

In the Fire (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006 , in article 3, for “1999”, substitute “ 2015 ”.

6

In the Waste (England and Wales) Regulations 2011 , in regulation 29(5A)(j), for “1999” substitute “ 2015 ”.

7

• (1) Schedule 4 to the 2012 Regulations is amended as follows.

• (2) In paragraph 1(1)(o), for “regulation 7 of the Control of Major Accident Hazards Regulations 1999” substitute “ Part 3 of the Control of Major Accident Hazards Regulations 2015 ”.

• (3) In paragraph 13—

• (a) in paragraph (d)(ii)(aa), for “regulation 5 of the Control of Major Accident Hazards Regulations 1999 (“the 1999 Regulations”)” substitute “ regulation 7 of the Control of Major Accident Hazards Regulations 2015 (“the 2015 Regulations”) ”;

• (b) in paragraph (d)(ii)(bb), for “regulation 7 of the 1999 Regulations” substitute “ Part 3 of the 2015 Regulations ”;

• (c) in paragraph (da)(i), for “regulation 5 of the 1999 Regulations” substitute “ regulation 7 of the 2015 Regulations ”;

• (d) in paragraph (da)(ii), for “regulation 7 of the 1999 Regulations” substitute “ Part 3 of the 2015 Regulations ”.

• (4) In paragraph 18(a)(ii), for “regulation 7 of the Control of Major Accident Hazards Regulations 1999” substitute “ Part 3 of the Control of Major Accident Hazards Regulations 2015 ”.

8

• (1) Schedule 7 to the Natural Resources Body for Wales (Functions) Order 2013 is amended as follows.

• (2) In paragraph 9—

• (a) for sub-paragraph (1), substitute—

(1) This paragraph applies for the purposes of regulation 21(1)(c) of the Control of Major Accident Hazards Regulations 2015.

• (b) for sub-paragraph (3), substitute—

(3) In this paragraph, “appropriate agency”, “establishment” and “safety report” have the meanings given by regulation 2(1) of the Control of Major Accident Hazards Regulations 2015.

9

In Schedule 2 to the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 —

• (a) in table 1, for “Control of Major Accident Hazards Regulations 1999” substitute “ Control of Major Accident Hazards Regulations 2015 ”;

• (b) in table 2 in row 47, in columns 3 and 4 of that entry, for “Regulation 18 COMAH” substitute “ Regulation 23 COMAH ” in both places in which it appears.

10

In the Petroleum (Consolidation) Regulations 2014 , in regulation 3(1)(b), for “1999” substitute “ 2015 ”.

11

In the Health and Safety and Nuclear (Fees) Regulations 2015 —

• (a) in regulation 20(3), for “1999” substitute “ 2015 ”;

• (b) in regulation 23(16)(a), for “1999” substitute “ 2015 ”.

Signed

Signed by authority of the Secretary of State for Work and Pensions

Freud — Parliamentary Under Secretary of State — 2015-03-02

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68; section 2(2) was amended by section 27 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). The power of Ministers of the Crown to make regulations in relation to matters as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).

[^f00002]: S.I. 1998/1750.

[^f00003]: 1974 c.37; section 15(1) was substituted by paragraph 6 of Schedule 15 to the Employment Protection Act 1975 (c.71) (“the 1975 Act”) and amended by S.I. 2002/794. Section 15(2) and (3)(c) was amended by paragraph 5 of Schedule 12 to the Energy Act 2013 (c.32) (“the 2013 Act”). Section 15(4)(a) was amended by S.I. 2008/960. Section 43 was amended by paragraph 12 of Schedule 15 and Schedule 18 to the 1975 Act and by S.I. 2002/794 and 2008/960.

[^f00004]: Section 11 was substituted by S.I. 2008/960.

[^f00005]: Section 50(3) was amended by paragraph 16 of Schedule 15 to the 1975 Act, paragraph 6 of Schedule 7 to the Health and Social Care Act 2012 (c.7), paragraph 11(4) of Schedule 12 to the 2013 Act, and by S.I. 2008/960.

[^f00006]: 2013 c. 32.

[^f00007]: O.J. No. L353, 31.12.08, p.1.

[^f00008]: S.I. 1999/743, amended by S.I. 2005/1088, 2008/1087, 2009/1595, 2013/766, 2014/162.

[^f00009]: S.I. 2010/675, to which there are amendments not relevant to these Regulations.

[^f00010]: S.S.I. 2012/360, amended by S.I. 2014/469.

[^f00011]: 1995 c.25; relevant amending instruments to section 108 are S.I. 2013/755 (W.90) and, section 46(2)(a)(i), (2)(a)(ii), (2)(b), (2)(c)(i), (2)(c)(ii), (2)(c)(iii), (2)(c)(iv) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

[^f00012]: Chemical Abstracts Service (www.cas.org), is a division of the American Chemical Society.

[^f00013]: 2004 c.36; Schedule 1, Part 1 was amended by the National Health Service (Consequential Provisions) Act 2006 (c. 43) Schedule 1, paragraph 271(a) to (d); the Health and Social Care Act 2012 (c.7) Schedule 5, paragraph 132(2)(a) and (b), and Schedule 7, paragraph 16; and by S.I. 2008/3012, 2011/1223, and 2013/755 (W.90).

[^f00014]: 2004 c.36; Schedule 1, Part 2 was amended by S.S.I. 2013/119.

[^f00015]: O.J. No. L 197, 24.7.2012, p. 1.

[^f00016]: 2006 c.41; section 14D was inserted by the Health and Social Care Act 2012 (c.7), section 25.

[^f00017]: 2006 c.42.

[^f00018]: 1978 c.29; section 2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 7, paragraph 1, the National Health Service and Community Care Act 1990 (c.19), section 28, Schedule 9, paragraph 19(1), and Schedule 10, the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2)(a) and (b), the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2), and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 2(1), and S.S.I. 2009/242.

[^f00019]: 2005 (asp 5); section 1A was inserted by the Police and Fire Reform (Scotland) Act 2012 (asp 8), section 101(1).

[^f00020]: 2013 c.32.

[^f00021]: S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^f00022]: S.I. 1996/825, to which there are amendments not relevant to these Regulations.

[^f00023]: 1964 c.5.

[^f00024]: 1952 c.67.

[^f00025]: O.J. No. L304, 14.11.2008, p.75.

[^f00026]: The National Health Service Commissioning Board is established by section 1H of the National Health Service Act 2006 (c.41) as inserted by section 9(1) of the Health and Social Care Act 2012 (c.7).

[^f00027]: O.J. No. L326, 3.12.1998, p. 1.

[^f00028]: 1988 c.30.

[^f00029]: S.I. 2004/3391, to which there are amendments not relevant to these Regulations.

[^f00030]: S.S.I. 2004/520, to which there are amendments not relevant to these Regulations.

[^f00031]: S.I. 2013/1237, to which there are amendments not relevant to these Regulations.

[^f00032]: 1990 c.10; sections 7(3), 9(2)(e) and 39(1) were amended by S.I. 2014/469.

[^f00033]: 1997 c.10; sections 5(2), 7(2)(e) and 38(1) were amended by S.I. 2014/469.

[^f00034]: Section 18(1A) of the Health and Safety at Work etc. Act 1974 was inserted by the Energy Act 2013 (c.32), Schedule 12, paragraph 6(2).

[^f00035]: S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^f00036]: S.I. 2005/1088.

[^f00037]: S.I. 2008/1087.

[^f00038]: S.I. 2009/1595.

[^f00039]: S.I. 2013/766.

[^f00040]: S.I. 2014/162.

[^f00041]: S.I. 1984/1902. The 1984 Regulations were revoked by S.I. 1999/743.

[^f00042]: 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. L142, 31.5.2008, p. 1).

[^f00043]: O.J. L147, 9.6.1975, p. 40.

[^f00044]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

[^f00045]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

[^f00046]: O.J. L304, 21.11.2003, p. 1.

[^f00047]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

[^f00048]: International Union of Pure and Applied Chemistry (www.iupac.org).

[^f00049]: S.S.I. 2005/494, to which there are amendments not relevant to these Regulations.

[^f00050]: S.I. 2005/1541, to which there are amendments not relevant to these Regulations.

[^f00051]: S.I. 2005/2042, to which there are amendments not relevant to these Regulations.

[^f00052]: S.I. 2006/557, to which there are amendments not relevant to these Regulations.

[^f00053]: S.S.I. 2006/458.

[^f00054]: S.I. 2011/988, amended by S.I. 2013/755 and 2014/656; there are other amending instruments but none is relevant.

[^f00055]: S.I. 2013/755.

[^f00056]: S.I. 2013/1893, amended by S.I. 2014/590; there are other amending instruments but none is relevant.

[^f00057]: S.I. 2014/1637.

[^f00058]: S.I. 2015/363.

An internal emergency plan must 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 local authority responsible for the external emergency plan;

• (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 an incident to the local authority responsible for setting the external emergency plan in motion, 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.

An external emergency plan must 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 an 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.

Editorial notes

[^c22416321]: 1972 c.68; section 2(2) was amended by section 27 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). The power of Ministers of the Crown to make regulations in relation to matters as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).

[^c22416331]: S.I. 1998/1750.

[^c22416341]: 1974 c.37; section 15(1) was substituted by paragraph 6 of Schedule 15 to the Employment Protection Act 1975 (c.71) (“the 1975 Act”) and amended by S.I. 2002/794. Section 15(2) and (3)(c) was amended by paragraph 5 of Schedule 12 to the Energy Act 2013 (c.32) (“the 2013 Act”). Section 15(4)(a) was amended by S.I. 2008/960. Section 43 was amended by paragraph 12 of Schedule 15 and Schedule 18 to the 1975 Act and by S.I. 2002/794 and 2008/960.

[^c22416351]: Section 11 was substituted by S.I. 2008/960.

[^c22416361]: Section 50(3) was amended by paragraph 16 of Schedule 15 to the 1975 Act, paragraph 6 of Schedule 7 to the Health and Social Care Act 2012 (c.7), paragraph 11(4) of Schedule 12 to the 2013 Act, and by S.I. 2008/960.

[^c22416371]: 2013 c. 32.

[^c22416381]: O.J. No. L353, 31.12.08, p.1.

[^c22416391]: S.I. 1999/743, amended by S.I. 2005/1088, 2008/1087, 2009/1595, 2013/766, 2014/162.

[^c22416401]: S.I. 2010/675, to which there are amendments not relevant to these Regulations.

[^c22416421]: 1995 c.25; relevant amending instruments to section 108 are S.I. 2013/755 (W.90) and, section 46(2)(a)(i), (2)(a)(ii), (2)(b), (2)(c)(i), (2)(c)(ii), (2)(c)(iii), (2)(c)(iv) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

[^c22416431]: Chemical Abstracts Service (www.cas.org), is a division of the American Chemical Society.

[^c22416441]: 2004 c.36; Schedule 1, Part 1 was amended by the National Health Service (Consequential Provisions) Act 2006 (c. 43) Schedule 1, paragraph 271(a) to (d); the Health and Social Care Act 2012 (c.7) Schedule 5, paragraph 132(2)(a) and (b), and Schedule 7, paragraph 16; and by S.I. 2008/3012, 2011/1223, and 2013/755 (W.90).

[^c22416451]: 2004 c.36; Schedule 1, Part 2 was amended by S.S.I. 2013/119.

[^c22416461]: O.J. No. L 197, 24.7.2012, p. 1.

[^c22416481]: 2006 c.42.

[^c22416491]: 1978 c.29; section 2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 7, paragraph 1, the National Health Service and Community Care Act 1990 (c.19), section 28, Schedule 9, paragraph 19(1), and Schedule 10, the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2)(a) and (b), the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2), and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 2(1), and S.S.I. 2009/242.

[^c22416511]: 2013 c.32.

[^c22416521]: S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^c22416541]: 1964 c.5.

[^c22416551]: 1952 c.67.

[^c22416581]: O.J. No. L326, 3.12.1998, p. 1.

[^c22416591]: 1988 c.30.

[^c22416601]: S.I. 2004/3391, to which there are amendments not relevant to these Regulations.

[^c22416611]: S.S.I. 2004/520, to which there are amendments not relevant to these Regulations.

[^c22416631]: 1990 c.10; sections 7(3), 9(2)(e) and 39(1) were amended by S.I. 2014/469.

[^c22416641]: 1997 c.10; sections 5(2), 7(2)(e) and 38(1) were amended by S.I. 2014/469.

[^c22416651]: Section 18(1A) of the Health and Safety at Work etc. Act 1974 was inserted by the Energy Act 2013 (c.32), Schedule 12, paragraph 6(2).

[^c22416661]: S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^c22416671]: S.I. 2005/1088.

[^c22416681]: S.I. 2008/1087.

[^c22416691]: S.I. 2009/1595.

[^c22416701]: S.I. 2013/766.

[^c22416711]: S.I. 2014/162.

[^c22416721]: S.I. 1984/1902. The 1984 Regulations were revoked by S.I. 1999/743.

[^c22416731]: 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. L142, 31.5.2008, p. 1).

[^c22416741]: O.J. L147, 9.6.1975, p. 40.

[^c22416751]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

[^c22416761]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

[^c22416771]: O.J. L304, 21.11.2003, p. 1.

[^c22416781]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

[^c22416791]: International Union of Pure and Applied Chemistry (www.iupac.org).

[^c22416801]: S.S.I. 2005/494, to which there are amendments not relevant to these Regulations.

[^c22416811]: S.I. 2005/1541, to which there are amendments not relevant to these Regulations.

[^c22416821]: S.I. 2005/2042, to which there are amendments not relevant to these Regulations.

[^c22416831]: S.I. 2006/557, to which there are amendments not relevant to these Regulations.

[^c22416841]: S.S.I. 2006/458.

[^c22416851]: S.I. 2011/988, amended by S.I. 2013/755 and 2014/656; there are other amending instruments but none is relevant.

[^c22416861]: S.I. 2013/755.

[^c22416871]: S.I. 2013/1893, amended by S.I. 2014/590; there are other amending instruments but none is relevant.

[^c22416881]: S.I. 2014/1637.

[^c22416891]: S.I. 2015/363.

[^key-0e4d4725a94d2585c002a17fc2cf2d24]: Words in reg. 2(1) substituted (13.7.2015) by The Control of Major Accident Hazards (Amendment) Regulations 2015 (S.I. 2015/1393), regs. 1, 2

[^key-63206878df7d88796d70f4098853f8c2]: Words in reg. 2 omitted (E.W.) (1.1.2017) by virtue of The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 85(2)(a) (with regs. 1(3), 77-79, Sch. 4)

[^key-ebe1cbd1a8568b3319e089fc54506b16]: Words in reg. 2 inserted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 85(2)(b) (with regs. 1(3), 77-79, Sch. 4)

[^key-e3b3149e492d3d15c0fc1089f1c4a993]: Words in reg. 21(1) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 85(3) (with regs. 1(3), 77-79, Sch. 4)

[^key-4091832ba3089da0e90c4e8196438e14]: Words in reg. 25(7)(c) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 85(4) (with regs. 1(3), 77-79, Sch. 4)

[^key-4eaafa6d5eaae234cb8e7a2c80c5ff45]: Words in reg. 25(11)(a) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 85(4) (with regs. 1(3), 77-79, Sch. 4)

[^key-f50a9f2561a1a24496e6a98ce02f6393]: Words in reg. 2(1) substituted (6.4.2017) by The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 (S.I. 2017/304), regs. 1(4), 5(2)(a)

[^key-014a8109bb60424893201ca8b3899b02]: Words in reg. 2(1) omitted (6.4.2017) by virtue of The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 (S.I. 2017/304), regs. 1(4), 5(2)(b)

[^key-d3f4650dc70a59f77087d485126e327f]: Words in reg. 2(1) substituted (6.4.2017) by The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 (S.I. 2017/304), regs. 1(4), 5(2)(c)

[^key-6745cdb252ee214e90f23ab37671112d]: Reg. 3(2)(ca)(cb) inserted (6.4.2017) by The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 (S.I. 2017/304), regs. 1(4), 5(3)

[^key-92ab988ddc8cc0502431be662aab93ff]: Reg. 2(1) applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017 (S.I. 2017/469), art. 1(3), Sch. para. 12

[^key-51408bbd94afaa13458317364a7edcc5]: Reg. 3(2)(g)(ii) omitted (1.1.2018) by virtue of The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(1), 49 (with reg. 1(2))

[^key-f73939eea4bac3254f51a4f5ec5f1b37]: Words in reg. 2(1) substituted (1.4.2018) by The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), reg. 1(2), Sch. para. 18(2)

[^key-a163335e1eae042cb553648fe4f449b0]: Words in reg. 12(5)(e) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(dd) (with art. 14)

[^key-09c5766ea83fe409b5e888bad15c6fb7]: Words in reg. 13(7)(d) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(dd) (with art. 14)

[^key-2f3b0bf3bfa5d441b08e97965aba2b96]: Words in reg. 14(3)(a) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(dd) (with art. 14)

[^key-d62854eeeef5c712710c826d1d0809fb]: Words in Sch. 4 Pt. 2 substituted (31.12.2020) by The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-21df8d609b30ece0da8d43c755b0405c]: Sch. 5 omitted (31.12.2020) by virtue of The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4b5b667c35370b17e40423ab4ec6b33a]: Words in reg. 2(1) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 1 para. 41(2) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 1 para. 20); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8f00e23a8a122cfa5f338362b3851e78]: Word in reg. 17(2)(d) substituted (31.12.2020) by The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-be358dc1c280dac5ab73c902c821242e]: Word in reg. 20(1) substituted (31.12.2020) by The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9b882bad170726e74077d24f3adcdf77]: Reg. 20(2) omitted (31.12.2020) by virtue of The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bda0d446fb7737c47d3f7c7f4ebece10]: Reg. 26(6) inserted (31.12.2020) by The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a98747e2dec13decd047ec60bda9416f]: Words in reg. 26(3) substituted (31.12.2020) by The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-890c473a37a3554f57904ab35d169fc6]: Reg. 26(4) omitted (31.12.2020) by virtue of The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 11(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-279de182c7d598ab38f3aaa2689ecbf3]: Words in reg. 2(1) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

[^key-4c12d9736113a2442933df4ac7a7393c]: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

[^key-ef5ff116e022b8e0bca48d66a2c0d2f4]: Reg. 2(1) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 46(2), Sch. 7 para. 14

[^key-e562ea3c363e7fd75ad5c48b87c42363]: Words in reg. 23(6) substituted (6.1.2025) by The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 (S.I. 2024/1156), regs. 1(1), 7(2)

[^key-67ba092bb963618b7613573c508eb3b8]: Words in reg. 2 omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 27(2)(a) (with sch. 23)

[^key-eb67896c632893b9e8373de66720a505]: Words in reg. 2 inserted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 27(2)(b) (with sch. 23)

[^key-c29af45ee2553825ba715e5ddf21a26b]: Words in reg. 21(1) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 27(3) (with sch. 23)

[^key-9bf03b84005a0c3ca9980cbe998cceff]: Words in reg. 25 substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 27(4) (with sch. 23)