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
Table 1: Lists the respective legislation and the respective person(s) deemed appropriate to discharge the functions
Table 2: Legislation for the delegation of powers to issue exemptions within Major Hazards

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 (ie 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 (ie 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