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Control of Major Accident Hazards Involving Dangerous Substances

Control of Major Accident Hazards Involving Dangerous Substances

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he or she may serve on the operator a notice in writing stating that he or she holds that<br />

opinion and giving particulars <strong>of</strong> the reason why he or she holds that opinion, and<br />

imposing upon that operator such prohibitions or restrictions or requirements as<br />

appear to the inspector to be necessary for the purpose <strong>of</strong> safeguarding persons or the<br />

environment from any major accident hazard or the consequences <strong>of</strong> a major accident<br />

and the operator shall comply with such prohibition, restriction or requirement, as the<br />

case may be.<br />

(2) Where the provisions <strong>of</strong> paragraph (1)(a) apply the inspector shall serve a<br />

notice on the operator prohibiting the operator from operating the establishment or<br />

such parts <strong>of</strong> the establishment as are specified in the notice.<br />

(3) An operator shall comply with the requirements <strong>of</strong> a notice issued in<br />

accordance with paragraphs (1) or (2)—<br />

(a) where an inspector <strong>of</strong> the Central Competent Authority states in the notice<br />

that he or she is <strong>of</strong> the opinion that—<br />

(i) the measures taken by the operator for the prevention and<br />

mitigation <strong>of</strong> major accidents are seriously deficient, or<br />

(ii) the risk <strong>of</strong> serious danger to persons or the environment is or, as<br />

the case may be, will be imminent,<br />

on receipt <strong>of</strong> the notice,<br />

(b) where subparagraph (a) does not apply and no appeal is taken against the<br />

notice—<br />

(i) on the expiration <strong>of</strong> the period during which such an appeal may be<br />

taken, or<br />

56

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