The Control of Industrial Major Accident Hazards (Amendment) Regulations 1988

• Citation: S.I. 1988/1462
• Sections: 27

Section 1 Citation and commencement

These Regulations may be cited as the Control of Industrial Major Accident Hazards (Amendment) Regulations 1988, and shall come into force on 21st September 1988.

Section 2 Interpretation

In these Regulations “the principal Regulations ” means the Control of Industrial Major Accident Hazards Regulations 1984( ).

Section 3 Amendments

Schedules 2, 3 and 4 to the principal Regulations shall be amended in accordance with Parts I, II and III respectively of Schedule 1 to these Regulations.

Section 4 Application of the principal Regulations

Where an industrial activity becomes subject to regulations 7 to 12 of the principal Regulations in consequence of an amendment made by regulation 3 above, then in relation to that activity the principal Regulations shall have effect subject to the modifications specified in Schedule 2 to these Regulations.

Section 1

In Column 1, after the words “Ammonium nitrate” insert “(a)”, and opposite thereto in Columns 2 and 3 for “500*” and “5,000*” substitute “350” and “2,500” respectively.

Section 2

In Column 1, after the entry for “Ammonium nitrate”, insert the entry “Ammonium nitrate in the form of fertilizers (b)”, and opposite thereto in Columns 2 and 3 insert “1,250” and “10,000” respectively.

Section 3

In Column 3, opposite the entry for “Chlorine” in Column 1, for “200” substitute “75”. 4. In Column 3, opposite the entries for “Liquid oxygen” and “Sodium chlorate” inColumn 1, delete each asterisk.

Section 5

In Column 1, after the entry for “Sulphur dioxide”, insert the entry “Sulphur trioxide”, and opposite thereto in Columns 2 and 3 insert “15” and “100” respectively.

Section 6

For the asterisked footnote below the table substitute the following footnotes—

(a) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is > 28% by weight and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is > 90% by weight.

(b) This applies to straight ammonium nitrate fertilizers which comply with Council Directive 80/876/ EEC “on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content”( ) and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is > 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

Section 7

In Column 1 Group 1 for the entry “Cobalt (powders, compounds)” substitute “Cobalt metal, oxides, carbonates, sulphides, as powders”, and opposite thereto in Column 2 for “100 kilograms” substitute “1 tonne”.

Section 8

In Column 2, opposite the entry for “Methyl isocyanate” in Column 1 Group 1, for “1 tonne” substitute “150 kilograms”.

Section 9

In Column 1 Group 1 for the entry “Nickel (powders, compounds)” substitute “Nickel metal, oxides, carbonates, sulphides, as powders”, and opposite thereto in Column 2 for “100 kilograms” substitute “1 tonne”.

Section 10

In Column 1 Group 1, after the entry for “Phosacetim”, insert the entry “Phosgene (Carbonyl chloride)”, and opposite thereto in Columns 2, 3 and 4 insert “750 kilograms”, “75—44—5” and “006—002—00—8” respectively.

Section 11

In Column 2, opposite the entry for “Chlorine” in Column 1 Group 2, for “50 tonnes” substitute “25 tonnes”.

Section 12

In Column 1 Group 2 delete the entry for “Phosgene (Carbonyl chloride)” and delete the entries opposite thereto in Columns 2, 3 and 4.

Section 13

In Column 2, opposite the entry for “ Sulphur dioxide” in Column 1 Group 2, for “1,000 tonnes” substitute “250 tonnes”.

Section 14

In Column 1 Group 2, after the entry for “Sulphur dioxide”, insert the entry “Sulphur trioxide”, and opposite thereto in Columns 2 and 3 insert “75 tonnes” and “7446—11—9” respectively.

Section 15

In Column 1 Group 3 for the asterisk next to the entry for “Ammonium nitrate” substitute “(a)”, and opposite that entry in Column 2 for “5,000 tonnes” substitute “2,500 tonnes”.

Section 16

In Column 1 Group 3, after the entry for “Ammonium nitrate” insert the entry “Ammonium nitrate in the form of fertilizers (b)”, and opposite thereto in Column 2 insert “5,000 tonnes”.

Section 17

In Column 1 Group 3, after the entry for “Hydrogen” insert the entry “Liquid oxygen” andopposite thereto in Columns 2, 3 and 4 insert “2,000 tonnes”, “7782—44—7” and “008—001—00—8” respectively.

Section 18

In Column 1 Group 3 delete the asterisk next to the entry for “Sodium chlorate”, and for the asterisked footnote below the table substitute the following footnotes—

(a) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is > 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is > 90% by weight.

(b) This applies to straight ammonium nitrate fertilizers which comply with Council Directive 80/876/EEC “on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content” and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is > 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

Section 19

In paragraph 1(a) for the first “or” substitute a comma, after “processing” insert “or treatment”, for “in particular” substitute “amongst others”, and at the end of the sub-paragraph delete the full stop.

Section 20

In paragraph 1(b) delete the words “Installations” to “in particular:”, add the rest of the sub-paragraph to paragraph 1(a), and delete the references to “(a)” and “(b)” so as to produce one whole paragraph.

Section 21

In paragraph 4 for the word “or” substitute a comma, and after “processing” insert “or treatment”.

Section 1

In regulations 6(2), 7(2), and 10(3), references to the coming into operation of the principal Regulations shall be construed as references to the coming into force of these regulations.

Section 2

In regulation 7(2) the words “or within such longer time as the Executive may agree in writing” shall not apply.

Section 3

In each regulation or Schedule specified in Column 1 below, the date specified opposite thereto in Column 3 shall apply in substitution for the date referred to in that regulation or Schedule and specified in the corresponding entry in Column 2.