Recommendation 12: Regulations, guidance notes and Safety Cases

For the time being the acceptance by the regulatory body of Safety Cases should not be regarded as justifying the revocation of regulations or the withdrawal of guidance notes (para 17.67). Where an operator proposes to meet the objectives of a Safety Case by means which are not in accordance with regulations or guidance notes the justification for such a course should be set out in the Safety Case. For the assistance of operators the regulatory body should publish as soon as possible, and thereafter update in the light of experience, a list of the individual regulations relating to an installation and its equipment in respect of which it is prepared to grant exemption in the light of a satisfactory demonstration in a Safety Case; and to do likewise in regard to guidance notes (para 17.67). In due course the existing regulations of a detailed prescriptive nature should be reviewed with a view to their revocation or replacement by regulations which set objectives. However, it is anticipated that there will continue to be even in the long term a case for some detailed prescriptive regulations (paras 17.63, 17.67 and 21.67).