HEALTH AND SAFETY Part I Introduction Citation and commencement 1 These Regulations may be cited as the Pipelines Safety Regulations (Northern Ireland) 1997 and shall come into operation on 12th May 1997. Interpretation 2 In these Regulations— “dangerous fluid” has the meaning given by regulation 18(2); “the Department” means the Department of Economic Development; “emergency shut-down valve” means a valve which is capable of adequately blocking the flow of fluid within the pipeline at the point at which it is incorporated; “fluid” includes a mixture of fluids; “major accident” means death or serious injury involving a dangerous fluid; “major accident hazard pipeline” has the meaning given by regulation 18(1); “operator”, in relation to a pipeline, means— the person who is to have or (once fluid is conveyed) has control over the conveyance of fluid in the pipeline; until that person is known (should there be a case where at a material time he is not yet known) the person who is to commission or (where commissioning has started) commissions the design and construction of the pipeline; when a pipeline is no longer, or is not for the time being, used, the person last having control over the conveyance of fluid in it; “pipeline” shall be construed in accordance with regulation 3; “territorial waters” has the same meaning as in regulation 2(1) of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 . Meaning of “pipeline” 3 1 Subject to the provisions of this regulation, in these Regulations “pipeline” means a pipe or system of pipes (together with any apparatus and works, of a kind described in paragraph (2), associated with it) for the conveyance of any fluid, not being— a a drain or sewer; b a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes; c a pipe (not being apparatus described in paragraph (2)( e )) which is used in the control or monitoring of any plant. 2 The apparatus and works referred to in paragraph (1) are— a any apparatus for inducing or facilitating the flow of any fluid through, or through a part of, the pipe or system; b any apparatus for treating or cooling any fluid which is to flow through, or through a part of, the pipe or system; c valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system; d apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in sub-paragraphs ( a ) to ( c ); e apparatus for the transmission of information for the operation of the pipe or system; f apparatus for the cathodic protection of the pipe or system; and g a structure used or to be used solely for the support of a part of the pipe or system. 3 For the purpose of paragraph (2)( c ) a valve, valve chamber or similar work shall be deemed to be annexed to, or incorporated in the course of, a pipe or system where it connects the pipe or system to plant, an offshore installation or a well. 4 A pipeline for supplying gas to premises shall be deemed not to include anything downstream of an emergency control. 5 In this regulation— “emergency control” means a valve for shutting off the supply of gas in an emergency, being a valve intended for use by a consumer of gas; “gas” has the same meaning as it has in Part III of the Gas (Northern Ireland) Order 1996 . Application 4 1 Subject to paragraph (2), within territorial waters these Regulations shall apply to and in relation to pipelines and activities to which the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 apply by virtue of regulation 4(1)( f ) of those Regulations. 2 These Regulations shall not apply to any pipeline or part of a pipeline of a kind which is described in Schedule 1. 3 In the case of a pipeline to which the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991 apply, nothing in these Regulations shall require the taking of any measures to the extent that they are for the prevention of danger within the meaning of those Regulations. Part II General Design of a pipeline 5 The operator shall ensure that a fluid is not conveyed in the pipeline unless the pipeline has been so designed that, so far as is reasonably practicable, it can withstand— a forces arising from the pipeline’s operation; b the fluids that may be conveyed in the pipeline; and c the external forces and the chemical processes to which the pipeline may be subjected. Safety systems 6 The operator shall ensure that a fluid is not conveyed in a pipeline unless the pipeline has been provided with such safety systems as are necessary for securing that, so far as is reasonably practicable, persons are protected from risk to their health or safety. Access for examination and maintenance 7 The operator shall ensure that a fluid is not conveyed in a pipeline unless the pipeline has been so designed that, so far as is reasonably practicable, it may be examined and work of maintenance may be carried out safely. Materials 8 The operator shall ensure that a fluid is not conveyed in a pipeline unless the pipeline is composed of materials which are suitable. Construction and installation 9 The operator shall ensure that a fluid is not conveyed in a pipeline (save for the purpose of testing it) unless the pipeline has been so constructed and installed that, so far as is reasonably practicable, it is sound and fit for the purpose for which it has been designed. Work on a pipeline 10 The operator shall ensure that modification, maintenance or other work on a pipeline is carried out in such a way that the pipeline’s soundness and fitness for the purpose for which it has been designed will not be prejudiced. Operation of a pipeline 11 The operator shall ensure that— a a fluid is not conveyed in a pipeline unless the safe operating limits of the pipeline have been established; and b a pipeline is not operated beyond its safe operating limits, save for the purpose of testing it. Arrangements for incidents and emergencies 12 The operator shall ensure that a fluid is not conveyed in a pipeline unless adequate arrangements have been made for dealing with— a an accidental loss of fluid from the pipeline; b discovery of a defect in or damage to the pipeline; or c any other emergency affecting the pipeline. Maintenance 13 The operator shall ensure that a pipeline is maintained in an efficient state, in efficient working order and in good repair. Decommissioning 14 1 The operator shall ensure that a pipeline which has ceased to be used for the conveyance of any fluid is left in a safe condition. 2 The operator of a pipeline shall ensure that work done in discharge of the duty contained in paragraph (1) is performed safely. Damage to pipeline 15 A person shall not cause such damage to a pipeline as may give rise to a danger to persons. Prevention of damage to pipelines 16 For the purpose of ensuring that no damage is caused to a pipeline, the operator shall take such steps to inform persons of its existence and whereabouts as are reasonable. Co-operation 17 Where there are different operators for different parts of a pipeline, each operator shall co-operate with the other so far as is necessary to enable the operators to comply with the requirements of these Regulations. Part III Major accident hazard pipelines Dangerous fluids 18 1 The provisions contained in regulations 19 to 27 shall apply in relation to a pipeline in which a dangerous fluid is being, or is to be conveyed (in these Regulations referred to as a “major accident hazard pipeline”). 2 For the purpose of these Regulations a fluid is a dangerous fluid if it falls within a description in Schedule 2. Emergency shut-down valves 19 1 The operator of a major accident hazard pipeline which— a is connected to an offshore installation; and b has an internal diameter of 40 millimetres or more, shall ensure that the requirements contained in Schedule 3 are complied with in relation to the pipeline. 2 The duty holder in relation to an offshore installation to which a pipeline described in paragraph (1) is connected shall afford, or cause to be afforded, to the operator of the pipeline such facilities as he may reasonably require for the purpose of securing that the requirements contained in Schedule 3 are complied with in relation to the pipeline. 3 In this regulation “duty holder”, in relation to an offshore installation, means the person who is the duty holder as defined by regulation 2(1) of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 in relation to that installation. Notification before construction 20 The operator shall ensure that the construction of a major accident hazard pipeline is not commenced unless he has notified to the Department the particulars specified in Schedule 4 at least 6 months, or such shorter time as the Department may approve, before such commencement. Notification before use 21 The operator shall ensure that a fluid is not conveyed for the first time in a major accident hazard pipeline, or conveyed following a period in which the pipeline has been out of commission (other than for routine maintenance), until the expiration of 14 days, or of such shorter period as the Department may in that case approve, from the receipt by it of a notification of the date on which it is intended to convey or, as the case may be, resume the conveyance of fluid in the pipeline. Notification in other cases 22 1 Where there is a change of operator of a major accident hazard pipeline, or of his address, the operator shall notify such change to the Department within 14 days thereafter. 2 Subject to paragraph (3), in the case of a major accident hazard pipeline the construction of which has commenced, or has been completed, the operator shall ensure that an event of a kind described in Schedule 5 does not take place until the expiration of 3 months, or such shorter time as the Department may in that case approve, from the receipt by the Department of the particulars specified in that Schedule in relation to such event. 3 Where an event of a kind described in Schedule 5 takes place in an emergency, the operator shall notify to the Department the particulars specified in that Schedule as soon as is reasonably practicable. Major accident prevention document 23 1 The operator shall, before the design of a major accident hazard pipeline is completed, prepare, and thereafter revise or replace as often as may be appropriate, a document relating to the pipeline containing, subject to paragraph (2), sufficient particulars to demonstrate that— a all hazards relating to the pipeline with the potential to cause a major accident have been identified; b the risks arising from those hazards have been evaluated; c the safety management system is adequate; and d he has established adequate arrangements for audit and for the making of reports thereof. 2 Paragraph (1) shall only require the particulars in the document referred to in paragraph (1) to demonstrate the matters referred to in that paragraph to the extent that it is reasonable to expect the operator to address them at the time the document is prepared or revised. 3 Where the document referred to in paragraph (1) describes any health and safety arrangements or procedures to be followed, the operator shall ensure that those arrangements or procedures are followed unless in the particular circumstances of the case it is not in the best interests of the health and safety of persons to follow them and there has been insufficient time to revise or replace the document to take account of those circumstances and in such case, the operator shall ensure that such arrangements and procedures are followed as are in the best interests of the health and safety of persons. 4 In this regulation— “audit” means systematic assessment of the adequacy of the safety management system, carried out by persons who are sufficiently independent of the system (but who may be employed by the operator) to ensure that such assessment is objective; and “safety management system” means the organisation, arrangements and procedures established by the operator for ensuring that the risk of a major accident is as low as is reasonably practicable. Emergency procedures 24 1 The operator shall ensure that a fluid is not conveyed in a major accident hazard pipeline unless— a such appropriate organisation and arrangements as shall have effect; and b the procedures which shall be followed in different circumstances, in the event of an emergency relating to the pipeline have been established and recorded. 2 The operator shall revise or replace the record of the organisation, arrangements and procedures referred to in paragraph (1) as often as may be appropriate. 3 The operator shall ensure that the organisation, arrangements and procedures referred to in paragraph (1) are tested, by practice or otherwise, as often as may be appropriate. Emergency plans in case of major accidents 25 1 The Department shall, within 9 months of receiving a notification pursuant to regulation 20, and subject to paragraph (5), arrange the preparation of an adequate plan detailing how an emergency relating to a possible major accident will be dealt with. 2 In the preparation of the plan pursuant to paragraph (1), the Department shall consult the operator of the pipeline and any other persons as appear to the Department to be appropriate. 3 The Department shall, as often as is appropriate and in any case not more than three years after the plan was prepared, or (where it has been revised) last revised, arrange the review of the plan and the making of such revision as is appropriate. 4 The operator of a major accident hazard pipeline shall ensure that the Department is furnished promptly with such information as may reasonably be required for the preparation of the plan referred to in paragraph (1). 5 It shall be deemed to be sufficient compliance with the requirement in paragraph (1) as to the time by which a plan is to be prepared, where such time is exceeded by reason of waiting for information referred to in paragraph (4) which has been promptly required. Charge by the Department for a plan 26 1 The Department may charge a fee, determined in accordance with paragraphs (2) to (4), for arranging the preparation, review or revision of a plan pursuant to regulation 25(1) or (3) to the operator of the pipeline to which the plan relates. 2 A fee shall not exceed the sum of the costs reasonably incurred by the Department in arranging the preparation, review or revision of the plan and, where the plan covers pipelines of which there are more than one operator, the fee charged to each operator shall not exceed the proportion of such sum attributable to the part or parts of the plan relating to his pipelines. 3 In determining the fee account shall not be taken of costs other than the costs of discharging functions in relation to those parts of the plan which relate to the protection of health or safety of persons and which were costs incurred after the coming into operation of these Regulations. 4 The Department may determine the cost of employing a graded officer for any period on work appropriate to his grade by reference to the average cost to it of employing officers of his grade for that period. 5 When requiring payment the Department shall send or give to the operator of the pipeline a detailed statement of the work done and costs incurred including the date of any visit to any place and the period to which the statement relates; and the fee, which shall be recoverable only as a civil debt, shall become payable one month after the statement has been sent or given. Transitional provisions 27 1 In the case of a pipeline, the construction of which is commenced within 6 months after the coming into operation of these Regulations, it shall be sufficient compliance with regulation 20 if the particulars specified in Schedule 4 are notified to the Department within 3 months after the coming into operation of these Regulations. 2 Subject to paragraph (3), in the case of a major accident hazard pipeline, the construction of which was commenced (and whether or not completed) before the coming into operation of these Regulations, the particulars specified in Schedule 4 (or, in the case of paragraphs 2, 3, 5, 6 and 8 of that Schedule, particulars, where appropriate, of the actual route of the pipeline or of the riser, materials used, fluid conveyed, and the temperature and pressure, and maximum rate of flow of that fluid) shall be notified to the Department within 6 months after the coming into operation of these Regulations. 3 Paragraph (2) shall not have effect where, pursuant to regulation 3(1) of the Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984 , the particulars relating to that pipeline specified in Part II of Schedule 2 to those Regulations have been supplied before the coming into operation of these Regulations. 4 In the case of a pipeline the design of which was completed before or within 12 months after the coming into operation of these Regulations regulation 23(1) shall have effect as if, for the words “before the design of a major accident hazard pipeline is completed,” there were substituted the words “within 12 months after the coming into operation of these Regulations”. 5 In the case of a pipeline which was first used before the coming into operation of these Regulations, it shall be sufficient compliance with the requirement in regulation 24(1) where the matters referred to therein are recorded within 6 months after the coming into operation of these Regulations. 6 Where the Department receives a notification referred to in regulation 20 within 6 months after the coming into operation of these Regulations, paragraph (1) of regulation 25 shall have effect in relation to the pipeline notified as if the reference in that paragraph to 9 months were a reference to 18 months. Part IV Miscellaneous Defence 28 1 In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove— a that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and b that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. 2 The person charged shall not, without leave of the court, be entitled to rely on the defence in paragraph (1) unless, within a period ending seven days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession. 3 Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under these Regulations available to the first mentioned person, be constituted by the act or default. Certificates of exemption 29 1 Subject to paragraph (2) and to any Community obligation in respect of the encouragement of improvements in the safety and health of workers at work, the Department may, by a certificate in writing, exempt any person, pipeline or class of persons or pipelines from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked at any time by the Department by a further certificate in writing. 2 The Department shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to— a the conditions, if any, which it proposes to attach to the exemption; and b any other requirements imposed by or under any statutory provision which apply to the case, it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it. Repeal of provisions of the Gas (Northern Ireland) Order 1996 30 Articles 50 to 54 and 56 to 58 of, and Schedule 4 to, the Gas (Northern Ireland) Order 1996 are hereby repealed. Revocation and modification of statutory provisions 31 1 The statutory provisions specified in column 1 of Part I of Schedule 6 shall be revoked to the extent specified opposite in column 3 of that Part. 2 The Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984 shall have effect subject to the modifications specified in Part II of Schedule 6. Sealed with the Official Seal of the Department of Economic Development on Philip B. Strong Assistant Secretary 28th March 1997.