Health and Safety at Work (Major Hazard Facilities) Regulations 2016

  • Schedule 2, table 2, item 36 corrected on 7 May 2021 under section 25(1)(j)(i) of the Legislation Act 2012.
48 WorkSafe must notify operator of decision

(1AA)

WorkSafe must assess a safety case that is given to WorkSafe, along with the relevant fee, in accordance with regulation 45.

(1)

As soon as practicable and within 4 months of receiving a safety case or an amended safety case and the relevant fee, WorkSafe must—

(a)

accept the safety case; or

(b)

accept the safety case subject to conditions or limitations; or

(c)

initially reject the safety case; or

(d)

in the case of an amended safety case, finally reject the safety case.

(2)

If WorkSafe requests further information under regulation 47, the 4-month period starts on the date WorkSafe receives the further information.

(3)

WorkSafe must as soon as practicable after making a decision about a safety case or an amended safety case notify the operator in writing of that decision.

(4)

If WorkSafe is unable to make a decision about a safety case or an amended safety case within 4 months of receiving it, WorkSafe must—

(a)

notify the operator in writing of that fact as soon as practicable; and

(b)

give the operator a proposed timetable for WorkSafe’s consideration of, and decision on, the safety case or amended safety case.

Compare: SR 2013/208 r 30

Regulation 48(1AA): inserted, on 1 September 2016, by regulation 11(1) of the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2016 (LI 2016/174).

Regulation 48(1): amended, on 1 September 2016, by regulation 11(2) of the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2016 (LI 2016/174).