Purpose and Terms of Reference
1 The purpose of the COMAH Charging regime is to enable the Environment Agency, the Scottish Environment Protection Agency (SEPA) and the Health and Safety Executive (HSE), acting as the Competent Authority, to recover all their appropriate costs in connection with those chargeable functions that they carry out under the Control of Major Accident Hazards Regulations 1999 (COMAH). The review group will carry out its work with that purpose in mind.
2 Terms of reference of the COMAH Charging Review Group are to:
- keep under review the effectiveness, consistency and operation of the COMAH charging regime's financial and administrative arrangements and their consequences;
- provide the Competent Authority and those affected by charging with advice and information about the operation of the regime;
- receive and comment on information concerning the general level of charges that have been applied, or being proposed for the future (it will not be within the remit of the group to discuss or consider individual cases);
- keep the guidance to industry under review to ensure continuing fitness for purpose, transparency and openness;
- contribute to any relevant review of charging that the Competent Authority carries out and, in particular, to the second anniversary review requested by Ministers;
- help devise and consider the merits of alternative charging schemes;
- contribute to the Industry-wide Charging Review Group on the administration of charging policy;
- contribute to the COMAH Competent Authority Steering Group's annual report on the effectiveness, efficiency and operation of the charging regime to the Agency's Management Board, SEPA's Management Team and to the HSE Board and the Health and Safety Commission.
Accountability and reporting responsibilities
3 he COMAH Charging Review Group will keep the COMAH Competent Authority Steering Group informed on charging issues and alert the Steering Group to any operational issues raised by the CCRG. The Chairman will ensure that the Agency's Management Board, SEPA's Management Team, the HSE Board and the HSC are made aware of any relevant issues as necessary.
Membership
4 Representatives from:
- key organisations representing both sides of industry including the CIA, UKPIA, LPGA, Transco plc, CBI (including flammables, toxics and explosives representation), Industrial Gases, Small Business Sector and the TUC;
- HSE and the Agencies operational, policy, finance and resource divisions;
- sponsor Departments as necessary, i.e., DTLR, DEFRA and Scottish Office.
Chairmanship
5 HSE will chair the review group.
Frequency of meetings
6 The COMAH Charging Review Group will meet at six monthly intervals (or as required) usually in September and February provided there is sufficient business to conduct.
Administrative and Secretariat support
7 HSE will provide administrative and secretariat support.
That responsibility shall include: preparation of agendas, minutes and papers;
coordinating responses to requests for information from the respective Management
Board, Management Team and the Executive, COMAH Competent Authority Steering
Group and review group members; arranging the six monthly meetings.
