This website uses non-intrusive cookies to improve your user experience. You can visit our cookie privacy page for more information.

Delegated Authority

SPC/Admin/82

OG status:
Fully Open
Author unit / section:
CEMHD4
Issue Date:
18 July 2018
Review Date
18 July 2019
Target audience:
All major hazards
Version:
7

Background

HSE’s CEO issued a general authorisation on 4th December 2009 which authorised all members of HSE staff (SCS and below) to perform all of its functions.

This general authorisation relates to functions discharged by HSE staff on behalf of HSE rather than functions discharged by warranted inspectors under powers granted in the Health and Safety at Work etc. Act 1974.

This delegated authority for the following Regulations, modifies the general authorisation so that specified functions may only be performed by persons with the appropriate competence, expertise and seniority.

Table 1: Lists the respective legislation and the respective person(s) deemed appropriate to discharge the functions

Legislation Regulation Delegated Authority

Control of Major Accident Hazards Regulations 2015

Regs: 9(7), 21(1) and 21(3), 22, 23, 25(8),25(9) and  25(10), 25(11), 26(2)

Band 1, 2 and 3

Regs: 13(2), 18(2), 24(1) 24(4), 24(5) 24(6), 26(3) and 26(4)

Band 1, 2

Reg 15 (1-3)- Authority to exempt a local authority from the preparation of an external  emergency plan

Band 1, 2

Explosives Regulations 2014

Regs: 12,13,14,16,20,23

HM Chief Inspector of Explosives (B1)

Regs: 8,13 (Where Regs 13(4)(a) and 13(4)(b) apply), 16 (Where Regs  13(4)(a) and 13(4)(b) apply), 17

CEMHD7 Inspectors B2 and above

Reg 34

Band 5 and above

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

Regs: 12(1), 25(2) (d) and (e)

HM Chief Inspector of Explosives (B1)

 Regs: 25(2) (a), (b), (c)

CEMHD7 Inspectors B2 and above

Acetylene Safety (England, Wales
and Scotland) Regulations 2014

Reg 9

HM Chief Inspector of Explosives (B1)

Dangerous Goods in Harbour Areas Regulations 2016

Reg 16(2),17(2)

HM Chief Inspector of Explosives (B1)

Pipelines Safety Regulations 1996

Reg 13(a)

Gas & Pipelines Head of Unit - Band 1

Gas Safety (Management) Regulations 1996

Reg 3(1)(a)

Gas & Pipelines Head of Unit - Band 1

Mines Regulations 2014

Reg 69

Head of ED6 (Band1)
HM Chief Inspector of Mines

Genetically Modified Organisms (Contained Use) Regulations 2014

Regs: 9, 10, 11, 12, 13, 16, 19, 23, 24, 25, 26, 27, 28, 29.

Head of CEMHD8 (B1), B2 Specialist Microbiologist Inspectors. GMO Notifications Officer (B6) have Delegated Authority to sign acknowledgement of receipt letters only in respect of the Regs 9 to 13 and 24

Specified Animal Pathogens Order 2008

Article 4 - authority to perform the function of issuing licences has been transferred from the Defra Secretary of State to HSE by means of an Agency Agreement (April 2015)

Head of CEMHD8 (B1), B2 Specialist Microbiologist Inspectors

Specified Animal Pathogens Order (Scotland) 2009

Article 4 - authority to perform the function of issuing licences has been transferred from the Scottish Government to HSE by means of an Agency Agreement (April 2015)

Head of CEMHD8 (B1), B2 Specialist Microbiologist Inspectors

Specified Animal Pathogens Order (Wales) 2008

Article 4 - authority to perform the function of issuing licences has been transferred from the Welsh Government to HSE by means of an Agency Agreement (April 2015)

Head of CEMHD8 (B1) B2 Specialist Microbiologist Inspectors

The Offshore Installations (Safety Case) Regulations 2005

Regs:7(c);8(c);9(c);11(c);13(1);14 (1)(b);14(2)(b);15(3)(b)

Case Acceptance on behalf of HSE only by substantive Band 1 Operations Manager and Substantive Band 2 Inspection Management Team post holders
Substantive B2 (or Substantive B1) case acceptance is required for material change safety cases not involving new or novel proposals, unresolved non-acceptance issues, finely balanced decisions or differences of professional opinion (ie mainly straight forward cases – which should be most of them)
Substantive B1 case acceptance is required for new installation safety cases, dismantlement cases or any material change cases that do not meet the B1 or B2 criteria above (i.e. the difficult, sensitive or unusual cases)

Approval of individual specialist topic assessment reports and non-acceptance issues can be made by staff in TDA roles or deputising in a higher band role

Regs: 15(1); 15(5); 15(8)

Band 1 Operations Manager

The Offshore Installations (Offshore Safety Directive)(Safety Case etc.) Regulations 2015

Regs: 17(c); 17(2); 18(c); 19(3); 19(7)(c); 20(1)(c); Reg 22(4); 24(2)(b);  25(3)(b); 26

Case Acceptance on behalf of Competent Authority only by substantive Band 1 Operations Manager and Substantive Band 2 Inspection Management Team post holders
Substantive B2 (or Substantive B1) case acceptance is required for material change safety cases not involving new or novel proposals, unresolved non-acceptance issues, finely balanced decisions or differences of professional opinion (ie mainly straight forward cases – which should be most of them)
Substantive B1 case acceptance is required for new installation safety cases, dismantlement cases or any material change cases that do not meet the B1 or B2 criteria above (i.e. the difficult, sensitive or unusual cases)

Approval of individual specialist topic assessment reports and non-acceptance issues can be made by staff in TDA roles or deputising in a higher band role

Regs: 6 (1);23(2);24(1)(b);25(1);

Head of Energy Division

Diving at Work Regulations 1997

Regs: 6(4) 14(1) 15(1, 3, 4, 6) 16(1)

Head of ED6 (Band 1)
Chief Inspector of Diving

The Offshore Installations (Safety Reps and Safety Committee) Regulations 1989

Reg 11(2)

Band 1 Operations managers

Table 2: Legislation for the delegation of powers to issue exemptions within Major Hazards

Legislation

Regulation

Delegated Authority
(to issue exemption)

Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003

Reg 10

CEMHD7 Inspectors B2 and above

COMAH - Control of Major Accidents Hazards Regulations  2015

Reg 15 (1-3)- Authority to exempt a local authority from the preparation of an external  emergency plan

Band 1 and Band 2 post holders

Explosives Regulations 2014

Reg 81

HM Chief Inspector of Explosives (B1)

Dangerous Goods in Harbour Areas Regulations 2016

Reg 28

HM Chief Inspector of Explosives (B1)

Control of Substances Hazardous to Health [COSHH] regulations 2002 (as amended)

Reg 4(1) - prohibits the manufacture and use for all purposes of
2-naphthylamine
4-aminodiphenyl
Benzedrine
4-nitrodiphenyl and their salts.
Reg 4(2) - prohibits the importation of
2-naphthylamine
4-aminodiphenyl
Benzedrine
4-nitrodiphenyland their salts
Reg 15 – Revocation of Certificate of Exemption

Delegated Head of Long Latency Health Risk Division

Mines Regulations 2014

Reg 70

Head of ED6 (Band 1)
HM Chief Inspector of Mines or Band 2

The Boreholes Site & Operations Regulations 1995

Reg 6(8)

Head of ED6 (Band 1)
Band 2 Principal Inspector for Well Operations (Petroleum borehole operations)
HM Chief Inspector of Mines Band 2 (Mining borehole operations)

Pipelines Safety Regulations 1996

Reg. 29

Gas & Pipelines Head of Unit - Band 1

Gas Safety (Management) Regulations 1996

Reg 11

Gas & Pipelines Head of Unit - Band 1

Offshore Installations and Pipeline Works (First Aid) Regulations 1989

Regs: 5(1)(b), 5(1)(c), 5(2)(a)

Band 2 Principal Inspectors

Employers Liability (Compulsory Insurance) Act 1969 and Regulations 1998

Regs: 4(2b), 8

Band 1 Operations Managers

Offshore Installations (Safety Case) Regulations 2005

Reg 23(1)

Band 1 Operations managers

The Offshore Installations (Offshore Safety Directive)(Safety Case etc.) Regulations 2015

Reg. 35(1)

Band 1 Operations Managers

Ionising Radiation Regulations 1999

Reg. 6

Specialist Radiation Inspector – Energy Division

Offshore Installations and Wells (Design and Construction, etc) Regulations 1996

Reg 23(1)

Band 1 Operations Managers

Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995

Reg 22(1)

Band 1 Operations Managers

Up 2018-07-18