Notification of Installations Handling Hazardous Substances Regulations 1982

JurisdictionUK Non-devolved
CitationSI 1982/1357

1982 No. 1357

HEALTH AND SAFETY

The Notification of Installations Handling Hazardous Substances Regulations 1982

22ndSeptember 1982

4thOctober 1982

1stJanuary 1983

The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3) and (5)(b) and 82(3)(a) of, and paragraphs 1(1) and 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974(a) ("the 1974 Act"), and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—

Citation and commencement

1. These Regulations may be cited as the Notification of Installations Handling Hazardous Substances Regulations 1982 and shall come into operation on 1st January 1983.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

"the Executive" means the Health and Safety Executive;

"installation" means a site or pipe-line for which a notification is required under Regulation 3(1);

"hazardous substance" means a substance specified in column 1 of Part I of Schedule 1 to these Regulations or substances of any class specified in column 1 of Part II of that Schedule;

"notifiable quantity" means—

(a) in the case of a substance specified in column 1 of Part I of Schedule 1, the quantity of that substance specified in the corresponding entry in column 2 of that Part;

(b) in the case of substances of a class specified in column 1 of Part II of that

(a) 1974 c.37; section 15 was amended by the Employment Protection Act 1975 (c.71), section 116 and Schedule 15, paragraph 6.

Schedule, the total quantity of all substances of that class specified in the corresponding entry in column 2 of that Part;

and in either case the quantity shall be determined in accordance with Regulation 3(2);

"site" means—

(a) the whole of an area of land under the control of a person and includes a pier, jetty or similar structure whether floating or not; or

(b) a structure, whether floating or not, which is within the inland waters of Great Britain and which is under the control of a person.

(2) In these Regulations, unless the context otherwise requires, any reference to—

(a) a numbered Regulation or Schedule is a reference to the Regulation of or Schedule to these Regulations so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered in the Regulation or Schedule in which that reference appears.

Notification of installations handling hazardous substances

3.—(1) Subject to paragraph (3), a person shall not undertake any activity in which there is or is liable to be at any one time a notifiable quantity or more of a hazardous substance at any site, or in any pipe-line to which paragraph (4) applies, unless he has notified in writing to the Executive the particulars specified in the appropriate part of Schedule 2 at least 3 months before commencing that activity or before such shorter time as the Executive may agree and for the purposes of this paragraph an activity in which subsequently there is or is liable to be a notifiable quantity or more of an additional hazardous substance shall be deemed to be a different activity and shall be notified accordingly.

(2) For the purposes of paragraph (1), in determining whether there is a notifiable quantity of a hazardous substance at a site account shall be taken of any quantity of that substance which is—

(a) in that part of any pipe-line under the control of the person having control of the site, which is within 500 metres of that site and connected to it;

(b) at any other site under the control of the same person any part of the boundary of which is within 500 metres of the said site; and

(c) in any vehicle, vessel, aircraft or hovercraft under the control of the same...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT