81—Validation of design, construction and installation, significant
modification or decommissioning of a facility
(1) The Safety
Authority may, by notice in writing, require the operator of a proposed
facility, or an existing facility, to provide a validation—
(a) in
respect of the proposed facility; or
(b) in
respect of a proposed significant change to an existing facility.
(2) A validation of a
proposed facility is a statement in writing by an independent validator in
respect of the design, construction and installation (including
instrumentation, process layout and process control systems) of the facility,
to the extent that these matters are covered by the scope of the validation
agreed between the Safety Authority and the operator.
(3) A validation of a
proposed significant change to an existing facility is a statement in writing
by an independent validator in respect of the proposed change, to the extent
required by the scope of the validation agreed between the Safety Authority
and the operator.
(4) The validation
must establish, to the level of assurance reasonably required by the Safety
Authority—
(a) in
the case of a proposed facility—that the design, construction and
installation (including instrumentation, process layout and process control
systems) of the facility incorporate measures that—
(i)
will protect the health and safety of persons at the
facility; and
(ii)
are consistent with the formal safety assessment for the
facility; and
(b) in
the case of an existing facility—that, after any proposed change or
changes, the facility incorporate measures that will protect the health and
safety of persons at the proposed facility.
(5) An operator who
has provided material for a validation must satisfy the Safety Authority that
each person who undertook the validation had the necessary competence, ability
and access to data, in respect of each matter being validated, to arrive at an
independent opinion on the matter.
(6) In this
regulation—
"existing facility" means a facility at a location in the adjacent area, if
the facility is or has been in use, or is available for use, in that location.