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Delegated Authority within Hazardous Installations Directorate

SPC/Admin/82

OG status:
Fully Open
Author unit / section:
HID HQ
Issue Date:
01 September 2015
Review Date
01 August 2016
Target audience:
All HID
Version:
2

Purpose

The outcome of an Internal Audit recommended that signed copies of the Delegated Authority are no longer required. This revised format took this on board and now aligns with ONR and FOD, and implements the IA recommendations.

Background

HSE's CEO issued a new general authorisation on 4th December 2009 which, save in relation to certain specified powers that are defined in this revised procedure, authorises  all members of HSE staff (SCS and below) to perform all of its functions. This was to ensure that legal authority will always exist across HSE.

Under the revised procedure there is no longer a requirement to hold copies of signed authorisations locally or to provide copies to HID Secretariat or HSE’s Legal Advisors Office (LAO).

Enforcement

Apart from the generic specified powers defined in the revised procedure, there are several Acts and Regulations enforced across HID that should only be performed by persons with the appropriate competence, expertise and seniority to discharge these functions.  The tables below list the respective legislation and the respective person(s) deemed appropriate to discharge the functions.

Monitoring and Review

HID’s Business Assurance Team will review these arrangements annually to ensure adequate management controls remain in place.  

Further Information

Contact HID HQ

Table 1: Legislation for the delegation of authority for approvals within HID

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
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) Explosives Inspectors B2 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) Explosives Inspectors B2 and above
Acetylene Safety (England, Wales and Scotland) Regulations 2014 Reg 9 HM Chief Inspector of Explosives B1
Dangerous Substances in Harbour Areas Regulations 1987 Reg. 36 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 HM Chief Inspector of Mines Band 1
Genetically Modified Organisms (Contained Use) Regulations 2014 Regs: 9, 10, 11, 12, 13, 14, 15, 19, 22, 23, 24, 25, 26, 27, 28, 29. Head of CEMHD8 (B1), Biotechnology Portfolio Holder (B2), Intervention Team Managers (B2) Infectious Diseases Portfolio Holder (B2). 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), Biotechnology Portfolio Holder (B2), Intervention Team Managers (B2) Infectious Diseases Portfolio Holder (B2).
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), Biotechnology Portfolio Holder (B2), Intervention Team Managers (B2) Infectious Diseases Portfolio Holder (B2).
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), Biotechnology Portfolio Holder (B2), Intervention Team Managers (B2) Infectious Diseases Portfolio Holder (B2).
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)

Band 1 Operations Manager and Band 2 Inspection Management Team post holders
B2 (or B1) acceptance -  for material change safety cases that don’t involve new or novel proposals; don’t feature unresolved non-acceptance issues, finely balanced decisions or differences of professional opinion (ie mainly straight forward cases – which should be most of them)

B1 only acceptance -  for new installation safety cases, dismantlement cases or any material change cases that don’t fall into the B1 or B2 criteria (i.e. the difficult, sensitive and unusual cases)
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

Band 1 Operations Manager and Band 2 Inspection management Team post holders
B2 (or B1) acceptance -  for material change safety cases that don’t involve new or novel proposals; don’t feature unresolved non-acceptance issues, finely balanced decisions or differences of professional opinion (ie mainly straight forward cases – which should be most of them)

B1 only acceptance -  for new installation safety cases, dismantlement cases or any material change cases that don’t fall into the B1 or B2 criteria (ie the difficult, sensitive and unusual cases)
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) Band 2 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 HID

Legislation Regulation Delegated Authority
(to issue exemption)
Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003 Reg 10 Explosives 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 46 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 HM Chief Inspector of Mines Band 1
The Boreholes Site & Operations Regulations 1995 Reg 6(8) Band 2 Principal inspectors for well 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 2016-02-10