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PART 3E+W+SSAFETY REPORTS FOR UPPER TIER ESTABLISHMENTS

Review of safety reportsE+W+S

10.—(1) A safety report must be reviewed and, where it is necessary, revised by the operator—

(a)in any case where regulation 9(6) does not apply, no later than five years after the date on which—

(i)it was last sent to the competent authority; or

(ii)where it was not required to be sent to the competent authority, it was last reviewed by the operator; or

(b)in any case where regulation 9(6) applies, no later than five years after the date on which the safety report was last sent to the competent authority under regulation 7 or 8 of the 1999 Regulations.

(2) Despite paragraph (1), a safety report must be reviewed and, where necessary, revised by the operator—

(a)following a major accident at the establishment;

(b)where a review is justified by new facts or by technological knowledge about safety matters, including knowledge arising from analysis of accidents or near misses;

(c)where a review is justified by developments in knowledge concerning the assessment of hazards;

(d)before making any modifications to the establishment, process or the nature or physical form or quantity of dangerous substances which could have significant consequences for major accident hazards;

(e)following any change to the safety management system (referred to in paragraph 2 of Schedule 3) which could have significant consequences for the prevention of major accidents or the limitation of the consequences of major accidents to human health and the environment.

(3) In carrying out a review of a safety report the operator must take into account the purposes specified in regulation 8 and the data and information specified in Schedule 3.

(4) Except where paragraph (5) applies, a revised safety report, or revised parts of a report, must be sent by the operator to the competent authority without delay.

(5) Where paragraph (2)(d) applies, a revised safety report, or revised parts of it, must be sent by the operator to the competent authority in advance of the proposed modification.

(6) Where a safety report has been reviewed under this regulation, but not revised, the operator must inform the competent authority in writing without delay.