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Part IVEmergency Plans

Off-site emergency plan

10.—(1) The Executive shall arrange for the preparation of an emergency plan (in these Regulations referred to as an “off-site emergency plan”) in respect of each establishment, and such a plan shall be adequate for securing the objectives specified in Part I of Schedule 5 and shall contain the information specified in Part III of that Schedule.

(2) The off-site emergency plan shall be prepared no later than 6 months (or such longer period, not exceeding 9 months, as the Department may agree in writing) after—

(a)the time an on-site emergency plan is required to be prepared for the establishment pursuant to regulation 9; or

(b)the receipt by the Executive of the information referred to in paragraphs (3) and (5),

whichever is later.

(3) An operator shall supply to the Executive the information necessary for the purpose of enabling the Executive to arrange for the preparation of the off-site emergency plan.

(4) The information referred to in paragraph (3) shall be supplied no later than the time an on-site emergency plan is required to be prepared for the establishment pursuant to regulation 9.

(5) The operator shall supply to the Executive any additional information it may reasonably request in writing to enable the off-site emergency plan to be prepared, and the information shall be so provided within such period as the Executive specifies in the request.

(6) The Executive shall consult the operator, the Department of the Environment, the emergency services, the Health and Social Services Board for the area where the establishment is situated and such members of the public as it considers appropriate on the preparation of the off-site emergency plan.

(7) The Department may, with the agreement of the Department of the Environment, in view of the information contained in a safety report, exempt the Executive from the requirement to arrange for the preparation of an off-site emergency plan in respect of an establishment, and any such exemption shall be in writing and state the reasons for granting it.

(8) Where an exemption has been given under paragraph (7), the Executive shall, for the purposes of these Regulations and while the exemption is in force, have no function in relation to arranging for the preparation or the review, testing and putting into effect of an off-site emergency plan for the establishment concerned.