MoD Health & Safety Handbook 

JSP 375 Vol 2 

8.4 

Health and Safety Executive. 3/99. Crown copyright 1999. Legislation (L) series; L 90. 

[Approved Lists]. ISBN 0717616819 

9 

The 25 tonne threshold is an aggregate total, and if a total of 25 tonnes or more of dangerous 

substances are on site, in whatever combination, the regulations apply.  

LINE MANAGERS' ACTIONS 

9. 

For both Regulations responsibility for compliance falls on the Site Controller.  Where there is 

any likelihood that a site falls into a relevant category, the appropriate legislation should be examined 

and, where required, action taken as necessary in accordance with the legislation.  Advice may be 

sought from the Establishment Health and Safety Adviser. 

DISCLOSURE OF INFORMATION 

10  To preserve the security of information about defence installations, initial notification to the HSE 

should only indicate that the potential exists at a particular unit or establishment to hold quantities of a 

hazardous substance in excess of the threshold limits.  Where it would be prejudicial to national security 

interests to divulge the presence of such substances or storage facilities at all, the matter should be 

referred to the appropriate security directorate. 

11  The initial notification would not be sufficient to allow HSE to make the necessary assessment in 

the event of their opinion being sought with regard to a proposed development near a MOD site.  In 

these circumstances, therefore, HSE may make a direct approach to the unit or establishment, which 

will supply details of the maximum holdings of the notified substances.  Units and establishments should 

provide this information to the HSE as quickly as possible, but appropriately classified and in 

accordance with government security procedures. 

12  In the event of planning consent being denied because of HSE's assessment, and the case being 

taken to appeal, the HSE may be asked to disclose the detailed information supplied by MOD.  All such 

requests will be referred back to MOD, where the decision whether any classified information can be 

disclosed rests.  Units or establishments in any doubt as to the advisability of providing information to 

the HSE should seek guidance from the appropriate security directorate. 

Leaflet 5 Annex D 

October 2001 

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