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Proposals to remove fourteen legislative measures

Table 1 Related Legislation

Return to Annex 3.

LegislationOutline of requirements
The Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (NAMOS)

The primary aim of these Regulations is to alert the Fire and Rescue Services (FRSs) to the special fire fighting hazards likely to exist at certain sites. The regulations require

  • operators to notify HSE and the FRSs if they exceed a 25 tonne threshold for specific types of substances, and
  • sites to have appropriate hazard signage to protect the safety of FRS personnel dealing with an incident at a site

The enforcing authority for the notification provision is either HSE or the Local Authority, whilst the FRSs have powers for the other provisions. The Regulations set out the information to be notified, although the name of the substance does not need to be notified only its hazard category (e.g. toxic, corrosive).

The Control of Major Accident Hazards (COMAH) Regulations 1999 as amended

The COMAH Regulations 1999 which were amended in 2005 implement the Seveso II Directive (96/82/EC9 ) except for the land use planning requirements of Seveso which were implemented by changes to the planning legislation (see below). They came into force on 1 April 1999 and the amending Regulations on 30 June 2005. Their aim is to prevent major accidents involving dangerous substances and limit the consequences to people and the environment of any accidents which do occur.

9As amended by Directive 2003/105/EC in Great Britain

The regulations operate at two levels. Depending on the quantities of dangerous substances at an establishment the operator has to either notify HSE or submit a written safety report.

The Regulations are enforced by a competent authority comprising HSE and the Environment Agency (EA) in England and Wales, and HSE and the Scottish Environment Protection Agency (SEPA) in Scotland.

The Petroleum (Consolidation) Act 1928 and associated Regulations

There are references to NIHHS in section 25a (1)(b) of the Petroleum (Consolidation) Act 192810 and its associated Regulations, namely Regulation 15a of the Petroleum-Spirit (Motor Vehicles etc) Regulations 1929, Regulation 8(b) of the Petroleum-Spirit (Plastic Containers) Regulations 1982 and Regulation 2(4)(c) of the Petroleum (Consolidation) Act 1928 (Enforcement) Regulations 1979. All these references are included to disapply the requirement to comply with various legislation if NIHHS is complied with. If the NIHHS Regulations are revoked any current NIHHS sites where petrol is dispensed, that are not covered by the COMAH Regulations, will be subject to the petroleum legislation and therefore subject to the licensing regime.

10 It should be noted that in response to the recommendation made by Professor Löfstedt, the Government has undertaken to review the Petroleum Consolidation Act 1928 and associated legislation with a view to their consolidation.

The Planning (Hazardous Substances) (PHS) Regulations 1992

The Planning (Hazardous Substances) (PHS) (Scotland) Regulations 1993

The Town and Country Planning (Development Management Procedure)(England) Order 2010

The Town and Country Planning (General Development Procedure) Order 1995

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

The Planning legislation is the responsibility of the Department for Communities and Local Government in England, the Welsh Government in Wales and the Scottish Government in Scotland.

Hazardous Substances Consent (HSC) is required for the storage or use of specified hazardous substances at or above specified controlled quantities as set out in the legislation. If consent is required applications have to be made to the Hazardous Substances Authority (usually the Local Planning Authority (LPA)).

Planning applications for development are also made to the LPA. Where certain proposed development is within the HSE consultation distance of a major hazard site/pipeline the LPA is required to consult HSE. HSE has an advisory role for applications for HSC and for proposed development within the HSE consultation distance. The process assists the LPA in development control.

The planning legislation contains a list of hazardous substances (revised in 2009 and 2010 in England and Scotland and in 2010 in Wales, and outlined in detail in Table 2) that virtually mirrors the list of notifiable substances in the NIHHS Regulations. This is because the list in the planning regulations was derived from the NIHHS Regulations with additions from the Control of Industrial Major Accident Hazards Regulations (CIMAH) 198411. This legislation together with NIHHS was in place before the COMAH Regulations implemented the Seveso II Directive.

11Superseded by the Control of Major Accident Hazard (COMAH) Regulations 1999.

The PHS regulations brought about a significant change to the regime under NIHHS because they control the type of substance, the quantity, location and storage arrangements, where as the NIHHS Regulations only require notification and do not include any controls.