Citation and commencement

1. These Regulations may be cited as the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 and shall come into force on 20th June 1995, except regulation 23(2), which shall come into force on 20th June 1997.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1969 Act” means the Employers' Liability (Compulsory Insurance) Act 1969(2);

“the 1971 Act” means the Mineral Workings (Offshore Installations) Act 1971(3);

...

“the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005;

“the 2013 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013;

“the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety case etc.) Regulations 2015;

“apparatus or works” means—

of the definition of “pipeline” in article 6(2) of the 2013 Order;

“associated structure” means, in relation to an offshore installation, a vessel, aircraft or hovercraft attendant on the installation or any floating structure used in connection with the installation;

...

“duty holder” means—

“external waters” means the territorial sea adjacent to Great Britain and any area designated by order under section 1(7) of the Continental Shelf Act 1964;

...

“installation manager” means, in relation to an offshore installation, the person appointed for the purposes of regulation 6(1)(a) who is for the time being in charge of it;

“internal waters” means tidal waters and parts of the sea in, or adjacent to, Great Britain up to the landward limits of the territorial sea;

“licensee”—

...

“non-production installation” means an installation other than a production installation;

“offshore installation” shall be construed in accordance with regulation 3;

“operator”—

“owner” means the person who controls or is entitled to control the operation of a non-production installation;

“petroleum”—

“pipeline” means a pipeline within the meaning of article 6(2) of the 2013 Order;

“pipeline works” means pipeline works within the meaning of article 6(2) of the 2013 Order;

“production installation”—

“relevant employee” means an employee—

“relevant waters” means internal waters and external waters;

“supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation; and

“vessel” includes a hovercraft and any floating structure which is capable of being staffed.

(2) Any reference in these Regulations to operating an offshore installation is a reference to using the installation for any of the purposes described in regulation 3(1).

(3) For the purpose of these Regulations any structures and devices on top of a well shall be treated as forming part of the well.

(4) Unless the context otherwise requires, any reference in these Regulations to—

(a)a numbered regulation is a reference to the regulation in these Regulations so numbered;

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears; and

(c)a numbered Schedule is a reference to the Schedule in these Regulations so numbered.

Meaning of “offshore installation”

3.—(1) Subject to the provisions of this regulation, in these Regulations the expression “offshore installation” means a structure which is, or is to be, or has been used, while standing or stationed in relevant waters, or on the foreshore or other land intermittently covered with water—

(a)for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

(b)for the storage of gas in or under the shore or bed of relevant waters or the recovery of gas so stored;

(c)for the conveyance of things by means of a pipe;

(ca)for undertaking activities that involve mechanically entering the pressure containment boundary of a well; or

(d)primarily for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this paragraph,

together with any supplementary unit which is ordinarily connected to it or any part of it (including those parts described in paragraph (3) below) and all of the connections .

(2)Any reference in paragraph (1) to a structure or unit does not include —

(a)a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

(b)a well;

(c)a structure or device which does not project above the sea at any state of the tide;

(d)a mobile structure which has ceased to be used for any of the purposes specified in paragraph (1), and has since been used for a purpose not so specified;

(da)a fixed structure which has ceased to be used for any of the purposes specified in paragraph (1), for so long as it is used for a purpose not so specified;

(e)a mobile structure which has been taken out of use and is not yet being moved with a view to its being used for any of the purposes specified in paragraph (1); and

(f)any part of a pipeline.

(3) For the purposes of these Regulations there shall be deemed to be part of an offshore installation—

(a)any well for the time being connected to it by pipe or cable;

(b)such part of any pipeline connected to it as is within 500 metres of any part of its main structure;

(c)any apparatus or works which are situated—

(i)on or affixed to its main structure; or

(ii)wholly or partly within 500 metres of any part of its main structure and associated with a pipe or system of pipes connected to any part of that installation.

(4) Where two or more structures are, or are to be, connected permanently above the sea at high tide they shall for the purposes of these Regulations be deemed to comprise a single offshore installation.

Application

4.—(1)Except for regulations 21F and 21G (which provide for their own application), these Regulations shall apply—

(a)in Great Britain; and

(b)to and in relation to offshore installations, wells, pipelines and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of articles 4(1) and (2) , 5 and 6 of the 2013 Order.

(2) Regulations 6 to 21 shall not apply in relation to an offshore installation which is in transit to or from a location; and an offshore installation is not in transit to or from a location while it is being manoeuvred at the location.

(3) Save where otherwise expressly provided, nothing in regulations 6 to 13 or 15 to 18 shall impose a duty in relation to an offshore installation while there are no persons aboard.

(4)Regulations 21A to 21E do not apply to an offshore installation—

(a)registered as a vessel (whether registered in the United Kingdom or elsewhere); or

(b)which is in transit to or from a station; or

(c)which is unmanned.

Notification concerning offshore installations

5.—(1) The duty holder shall, before the date on which an offshore installation is due to enter or leave relevant waters, notify the Executive in writing of the date of its intended entry into or departure from such waters.

(2) Where there is a change of duty holder in relation to an offshore installation, the new duty holder shall ensure that it is not operated until the Executive has been notified in writing of—

(a)the date of such change;

(b)the name and address of the new duty holder; and

(c)where the address furnished pursuant to sub-paragraph (b) is outside Great Britain, an address in Great Britain to which communications to him may be sent.

Managers

6.—(1) The duty holder shall ensure that—

(a)the offshore installation is at all times under the charge of a competent person appointed by him to manage on his behalf the installation and the persons on it; and a reference to the installation manager is a reference to such person while he is in charge;

(b)the installation manager is provided with appropriate resources to be able to carry out effectively his function, and the duties he may have to discharge under regulation 8; and

(c)the identity of the installation manager is known to or readily ascertainable by every person on the installation.

(2) For the purpose of paragraph (1)(a), a person is not in charge of an offshore installation when he is not on it unless he remains in communication with it and, in a case where it might be necessary to exercise his functions, is able to reach it promptly.

Restraint and putting ashore

7.—(1) If an installation manager has reasonable cause to believe that it is necessary or expedient to do so for the purpose of securing the safety of the offshore installation or the safety or health of persons on or near it, he may take such measures against a person on the installation, including—

(a)restraint of his person; and

(b)putting him ashore in the United Kingdom as soon as is practicable thereafter,

as are reasonable.

(2) If it appears likely that a person will not be put ashore within twenty-four hours of being put under restraint, the installation manager shall forthwith give notice to the duty holder of his being kept under restraint and of the reason for it.

Co-operation

8.—(1) Every person shall co-operate—

(a)with the installation manager, and any other person on whom any duty is placed by regulations 5 to 19, so far as is necessary to enable him to comply with the relevant statutory provisions, including this regulation;

(b)with the installation manager, so far as is necessary to enable him to discharge his functions described in regulations 6 and 7; and

(c)with the helicopter landing officer, so far as is necessary to enable him to perform his function referred to in regulation 13.

(2) In addition to the duty placed on him by paragraph (1), an installation manager shall co-operate with the manager of another offshore installation, where an activity carried out from, by means of, or on one of the installations could affect the health and safety of persons on the other installation or of persons engaged in an activity in connection with the other installation.

(3) The duty in paragraph (1) is without prejudice to any duty owed by a master, captain or person in charge of any vessel or aircraft.

Records

9.—(1) The duty holder shall ensure that there is kept on the offshore installation or at a suitable place nearby a record of the persons who are for the time being on, or working from the installation, and containing, in relation to each such person—

(a)his full name; and

(b)the name and address of his employer, if any,

and in this regulation such a record is referred to as “the offshore record”.

(2) The duty holder shall ensure that, as soon as possible after an entry is made in the offshore record, a like entry is made together with the following additional information—

(a)the nationality of the person working on or from the installation;

(b)his date of birth;

(c)his usual residence; and

(d)the name, address and relationship of any next of kin of his,

in another record, in this regulation referred to as “the onshore record”.

(3) The duty holder shall ensure that an entry in the onshore record relating to any person is thereafter kept readily available at an address in Great Britain until 28 days after he ceases to be on or to work from the installation.

Permits to work

10. In cases where, because of—

(a)the kind of work which may be done on the offshore installation; or

(b)the circumstances in which work may be done on the offshore installation,

it is necessary for the health or safety of persons to do so, the duty holder shall introduce arrangements for securing that, in such a case, a person does not do such work save in accordance with the terms of a permit in writing, given by a competent person authorised by or on behalf of the duty holder.

Instructions

11. The duty holder shall ensure that, where necessary for the health and safety of persons—

(a)comprehensible instructions on procedures to be observed on the offshore installation are put in writing; and

(b)the relevant part of such instructions is brought to the attention of every person who is to do anything to which that part relates.

Communication

12. The duty holder shall ensure that arrangements, which are appropriate for health and safety purposes, are in place for effective communication—

(a)between the offshore installation and the shore, vessels, aircraft and other installations; and

(b)where a helicopter is to land on or take off from an offshore installation aboard which there will be no persons immediately before the landing, or after the take-off, between the helicopter and—

(i)a suitable offshore installation with persons on board; or

(ii)where there is no such installation, suitable premises ashore.

Helicopters

13. The duty holder shall ensure that—

(a)a competent person appointed to be in control of helideck operations on the offshore installation (in these Regulations referred to as “the helicopter landing officer”) is present on the installation;

(b)such person is in control throughout such operations; and

(c)such procedures are established, and plant provided, as will secure, so far as is reasonably practicable, that helideck operations, including the landing and take-off of helicopters, are without risks to health and safety.

Operational information

14. The duty holder shall make arrangements for the collection and keeping of—

(a)such meteorological and oceanographic information; and

(b)such information relating to the motions of the offshore installation,

as is necessary for securing, so far as is reasonably practicable, the safe operation of the installation and the safety of persons on or near it.

Information to persons

15.—(1) The duty holder shall ensure that the address and telephone number of the office of the Executive for the sector in which the offshore installation is situated is known to or readily ascertainable by every person on the installation.

(2) The employer of a person who is not on an offshore installation, and who is engaged in—

(a)an activity in connection with an offshore installation;

(b)an activity in connection with a well;

(c)pipeline works; or

(d)any of the following activities in connection with pipeline works—

(i)the loading, unloading, fuelling or provisioning of a vessel;

(ii)the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,

being in either case a vessel which is engaged in pipeline works,

shall ensure that the address and telephone number of the office of the Executive for the sector in which the installation or well is situated, or the pipeline works, or activity described in sub-paragraph (d) above, is or are carried out, is known to or readily ascertainable by such person.

Health surveillance

16.—(1) An employer of a person engaged in work on an offshore installation shall ensure that he is provided with such health surveillance as is appropriate to the health and safety risks incurred in the work; and, where that person is assigned to the work after the coming into force of these Regulations (apart from regulation 23(2)), the health surveillance shall be commenced before he is so assigned.

(2) In this regulation “appropriate” means appropriate having regard to the nature and magnitude of the risks to the safety and health of the employee created by the relevant work.

Drinking water

17. The duty holder shall ensure that—

(a)an adequate supply of clean, wholesome drinking water is available at suitable locations on the offshore installation; and

(b)such locations are clearly marked to show that drinking water is there.

Provisions

18. The duty holder shall ensure that all provisions for consumption by persons on the offshore installation are fit for human consumption, palatable and of good quality.

Identification of the offshore installation

19. Save where the nature of the structure makes it impracticable to do so, the duty holder shall ensure that the offshore installation—

(a)displays its name or other designation in such a manner as to make the installation readily identifiable on approach by sea or air; and

(b)displays no name, letters or figures likely to be confused with the name or other designation of another offshore installation.

Certificates of exemption

20.—(1) Subject to paragraph (2) and to any of the provisions imposed by the European Union(as they had effect immediately before IP completion day) in respect of the encouragement of improvements in the safety and health of workers at work , and in particular, of Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/ECoffshore installation or class of persons or offshore installations 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 by a certificate in writing at any time.

(2) The Executive 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 enactments 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.

Application of the Employers' Liability (Compulsory Insurance) Act 1969

21.—(1) The 1969 Act shall apply to employers of relevant employees employed for work on or from offshore installations, or on or from associated structures in the course of activities undertaken on or in connection with such installations, subject to such modifications and extensions as are hereafter in this regulation prescribed.

(2) In section 1 of the 1969 Act applied as aforesaid—

(a)in subsection (1) the words “carrying on any business in Great Britain” shall be omitted and, for the words from “his employees” to the end of the subsection, there shall be substituted the words “those of his relevant employees who are employed by him for work on or from an offshore installation, or on or from an associated structure in the course of an activity undertaken on or in connection with an offshore installation, and arising out of and in the course of their employment for that work”; and

(b)at the end of paragraph (d) of subsection (3) there shall be added the following paragraph—

“(e)any expression to which a meaning is given by the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995, and to which a meaning is not given by this Act, shall have the same meaning in this Act.”

(3) Section 2(2)(b) of the 1969 Act applied as aforesaid shall have no effect.

(4) In section 4(2)(a) of the 1969 Act applied as aforesaid, after the word “insurance” there shall be inserted the words “or make arrangements to secure the maintenance of such copies on offshore installations or associated structures”.

(5) After section 5 of the 1969 Act applied as aforesaid there shall be inserted the following sections—

“Liability of owners of offshore installations

5A.—(1)In respect of any offshore installation, it shall be the duty of the owner of the installation to ensure that requirements imposed by or under this Act are complied with and where, in respect of that installation—

(a)any employer is on any day not insured in accordance with this Act, the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; or

(b)any person fails to comply with a requirement imposed by or under section 4 of this Act, the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)In proceedings against the owner of an installation for an offence under this section it shall be a defence for the accused to prove—

(a)that he has used all due diligence to prevent the commission of the offence; and

(b)that any relevant contravention was committed without his consent, connivance or wilful default.

(3)Section 37 of the Health and Safety at Work etc. Act 1974 shall apply in relation to an offence under this section as if it were an offence under that Act.

(4)In proceedings for an offence under this section an averment in any process of the fact that anything was done or situated within relevant waters shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment.

(5)Proceedings for any offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.

(6)References in this section to “the owner”, in relation to an offshore installation, are to the person who controls the operation of the installation.

5B.No proceedings shall be instituted in England and Wales for any offence under this Act in respect of an offshore installation except by the Secretary of State or by a person authorised in that behalf by the Secretary of State.”

Obligation to notify death or loss of person

21A.—(1)Where any person—

(a)dies on an offshore installation or is lost from such an installation; or

(b)dies in or on a lifeboat, liferaft or other emergency survival craft belonging to an offshore installation or is lost from any of those places; or

(c)otherwise dies or is lost in the neighbourhood of an offshore installation while engaged in any operation connected with the installation,

and the death or loss is not required to be registered under any regulations made under section 108 of the Merchant Shipping Act 1995 (which relates to returns of births and deaths in ships), a return of death in the form set out in Schedule 3 must be made in accordance with regulation 21B.

(2)In this regulation and regulations 21B and 21C ‘lost’ means lost in circumstances such that it is reasonable to believe that the person has died and ‘loss’ is to be construed accordingly.

Notification of death or loss to the Registrar General of Shipping and Seamen

21B.—(1)Where an obligation to make a return of death arises under regulation 21A, the manager of the relevant offshore installation must—

(a)complete and sign Part 1 of a form of return of death (see Schedule 3); and

(b)despatch the form to the duty holder as soon as is practicable and in any event within ten days of becoming aware of the death or loss to which the return relates.

(2)Where a duty holder receives a form of return of death from a manager, the duty holder must within ten days of receipt complete Part 2 of the form and send the form duly signed (whether by or on behalf of the duty holder) to the Registrar General of Shipping and Seamen.

(3)Without prejudice to the preceding provisions of this regulation or to regulation 21E, a return of death which is not made within the periods specified in this regulation for making it is not invalid by reason only that it is not made within those periods.

Notification of death or loss to other persons

21C.When a person dies or is lost in circumstances in which an obligation to make a return of death arises under regulation 21A, the duty holder of the relevant installation must as soon as is practicable and in any event within 48 hours of first becoming aware of the death or loss—

(a)if the duty holder was the employer of the dead or lost person, notify any person known to the duty holder to be, or nominated to the duty holder as, the next-of-kin of the dead or lost person; or

(b)if the duty holder was not the employer of the dead or lost person, notify any person known to the duty holder to have been the employer of the dead or lost person at the time of death or loss.

Registration of death or loss

21D.—(1)When the Registrar General of Shipping and Seamen receives a return made pursuant to regulation 21B, the Registrar must send a copy of that return, certified as being a true copy of that return (whether by the Registrar or a person authorised by the Registrar)—

(a)where the deceased was immediately before death ordinarily resident in Scotland or Northern Ireland, to the Registrar General of Births, Deaths and Marriages for Scotland or the Registrar General for Northern Ireland, as the case may be; and

(b)in any other case, to the Registrar General for England and Wales.

(2)If the Registrar General of Shipping and Seamen is satisfied that there is an error or omission in any return received pursuant to regulation 21B, the Registrar may, in accordance with evidence of the true state of affairs relating to the return, send corrected or supplementary particulars in respect of that evidence to the appropriate Registrar General.

(3)A Registrar General who receives a certified copy under paragraph (1) must record the information contained in it in the marine register kept by that Registrar General, together with such additional information as appears to that Registrar General desirable for the purpose of ensuring the completeness and correctness of that register.

Mode of trial and penalties in relation to registration of death or loss

21E.—(1)In relation to an offence consisting of a contravention of the requirement imposed by regulation 21B(1)—

(a)proceedings on indictment are excluded; and

(b)the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(2)In relation to an offence consisting of a contravention of a requirement imposed by regulation 21B(2) or 21C—

(a)proceedings on indictment are excluded; and

(b)the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(3)It is a defence in any proceedings for an offence consisting of a contravention of a requirement imposed by regulation 21B(1) or (2) or 21C for the person charged to prove—

(a)that the person exercised all due diligence to prevent the commission of the offence; and

(b)that the relevant contravention was committed without the person's consent, connivance or wilful default.

Power of inspectors of offshore installations; duty to provide accommodation and subsistence for inspectors

21F.—(1)An inspector may exercise the powers in paragraph (2) for the purpose of carrying into effect the relevant statutory provisions within the field of responsibility of the enforcing authority that appointed the inspector.

(2)The powers are—

(a)to require a duty holder, at any reasonable time, to convey to and from an offshore installation or vessel associated with offshore oil and gas operations—

(i)the inspector;

(ii)the equipment or materials of the inspector; and

(iii)any article or substance of which the inspector has taken possession pursuant to section 20 of the Health and Safety at Work etc. Act 1974;

(b)to inspect any operation or work in or on the bed of relevant waters and subsoil under or near an offshore installation; and

(c)to require the duty holder or manager of an offshore installation or the licensee concerned to assist the inspector in carrying out an inspection of the bed of relevant waters or subsoil under or near the offshore installation.

(3)The duty holder must provide an inspector with reasonable accommodation and means of subsistence while on an offshore installation for the purpose stated in paragraph (1).

(4)In paragraphs (2)(a)(i) and (ii), and (3) a reference to an inspector includes a reference to a person acting under the direction of the competent authority who is not an inspector.

(5)In relation to an offence consisting of a contravention of the requirement under paragraph (3)—

(a)proceedings on indictment are excluded; and

(b)the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(6)In paragraph (2)(a) “offshore oil and gas operations” means all activities associated with an installation relating to exploration and production of petroleum, including the design, planning, construction, operation and decommissioning of the installation, but excluding the conveyance of petroleum from one coast to another.

(7)This regulation applies—

(a)in Great Britain;

(b)to the territorial sea adjacent to Great Britain up to the seaward limits of the territorial sea and to the waters in any area designated by order under section 1(7) of the Continental Shelf Act 1964; and

(c)to places above and below the territorial sea and waters in any area so designated.

Powers of inspectors in relation to pipelines

21G.—(1)Subject to paragraph (3), an inspector may exercise the powers in paragraph (2) for the purpose of—

(a)securing the safety, health and welfare of persons engaged on pipeline works; and

(b)securing the proper construction and safe operation of pipelines and preventing damage to them.

(2)The powers are—

(a)to require the owner of a pipeline or the proposed owner of a proposed pipeline, at any reasonable time, to convey to and from premises in relevant waters used or intended to be used in connection with the pipeline or with pipeline works relating to a pipeline or proposed pipeline—

(i)the inspector;

(ii)the equipment and materials of the inspector; and

(iii)any article or substance of which the inspector has taken possession pursuant to section 20 of the Health and Safety at Work etc. Act 1974;

(b)to require the owner of a pipeline or the proposed owner of a proposed pipeline to provide the inspector with reasonable accommodation and means of subsistence while on, or in transit to or from, premises in relevant waters used or intended to be used in connection with the pipeline or pipeline works relating to the pipeline or proposed pipeline.

(3)Nothing in this regulation imposes, or confers power on an inspector to impose, any obligation on any person on a vessel registered outside the United Kingdom as a ship, aircraft or hovercraft when it is not engaged in operations for the purpose of laying or maintaining a pipeline.

(4)In any proceedings for an offence consisting of a contravention of a requirement imposed under this regulation, it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(5)In relation to an offence consisting of a contravention of a requirement imposed under paragraph (2) by an inspector—

(a)proceedings on indictment are excluded; and

(b)the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(6)In this regulation—

“owner”, in relation to a pipeline, means—

“pipeline” and “pipeline works” have the meanings given in section 1(4) of the Offshore Safety Act 1992; and

“proposed owner”, in relation to a proposed pipeline, means—

(7)This regulation applies—

(a)in Great Britain;

(b)to the territorial sea adjacent to Great Britain up to the seaward limits of the territorial sea and to the waters in any area designated by order under section 1(7) of the Continental Shelf Act 1964; and

(c)to places above and below the territorial sea and waters in any area so designated.

Safety Zones

21H.The prohibition under section 23(1) of the Petroleum Act 1987 on a vessel entering or remaining in a safety zone established around an installation by virtue of that Act does not apply to a vessel entering or remaining in the safety zone—

(a)in connection with the laying, inspection, testing, repair, maintenance, alteration, renewal or removal of any submarine cable or pipe-line in or near that safety zone;

(b)to provide services for, to transport persons or goods to or from, or under the authority of a government department to inspect, any installation in that safety zone;

(c)if it is a vessel belonging to a general lighthouse authority (within the meaning given in section 193 of the Merchant Shipping Act 1995) performing duties relating to the safety of navigation;

(d)in connection with the saving or attempted saving of life or property;

(e)owing to stress of weather;

(f)when in distress; or

(g)if there is consent from the duty holder.

Repeals and modifications of the 1971 Act

22.—(1) The provisions of the 1971 Act specified in column 1 of Part I of Schedule 1 are repealed to the extent specified in the corresponding entry in column 3 of that Part.

(2) Section 12(1) of the 1971 Act shall have effect subject to the modifications specified in Part II of Schedule 1.

Revocation and modification of instruments

23.—(1) The instruments specified in column 1 of Part I of Schedule 2 shall be revoked to the extent specified in column 3 of that Part.

(2)Regulation 29 of the Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976(4) shall be revoked.

(3) The instruments specified in Part II of Schedule 2 shall have effect subject to the modifications specified in that Part.

Regulation 22

SCHEDULE 1REPEALS AND MODIFICATIONS OF THE 1971 ACT

PART IREPEALS

PART IIAMENDMENTS TO SECTION 12(1)

1. Before the definition of “controlled waters” there shall be inserted the following definition:

““the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995;”.

2. For the definition of “controlled waters” there shall be substituted the following definition:

““controlled waters” means—

3. For the definition of “installation manager” there shall be substituted the following definition:

““installation manager” has the meaning given by regulation 2(1) of the 1995 Regulations;”.

4. For the definition of “offshore installation” there shall be substituted the following definition:

““offshore installation” has the same meaning as in regulation 3 of the 1995 Regulations;”.

5. For the definition of “owner” there shall be substituted the following definition:

““owner”, in relation to an offshore installation, means the person who is, in relation to the installation, the duty holder as defined by regulation 2(1) of the 1995 Regulations in relation to that installation;”.

Regulation 23

SCHEDULE 2

PART IREVOCATIONS OF INSTRUMENTS

PART IIMODIFICATIONS OF INSTRUMENTS

The Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Offshore Installations (Well Control) Regulations 1980

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Diving Operations at Work Regulations 1981

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989

5. In regulation 2 (interpretation) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989(5) (“the 1989 Regulations”):

(a)after the definition of “the 1974 Act” there shall be inserted the following definition:

““the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995”;

(b)after the definition of “appropriate languages” there shall be inserted the following definition:

““duty holder” in relation to an offshore installation means the person who is the duty holder within the meaning of regulation 2(1) of the 1995 Regulations for the purpose of those Regulations”; and

(c)for the definition of “installation manager” there shall be substituted the following definition:

““installation manager” has the meaning given by regulation 2(1) of the 1995 Regulations;”.

6. For regulation 3 (application) of the 1989 Regulations there shall be substituted the following regulation:

“3.These Regulations shall apply to an offshore installation at a working station in controlled waters which normally has persons on board;”.

7. In regulations 11, 17, 20, 22, 24, 25 and 28 of the 1989 Regulations, in place of the words “installation owner” wherever they occur, there shall be substituted the words “duty holder”.

8. In regulation 19 of the 1989 Regulations, in place of the words “owner of an offshore installation” there shall be substituted the words “duty holder in relation to an offshore installation”.

9. In regulation 22 (safety committee— functions) of the 1989 Regulations, in paragraph (1)(c), in place of the word “employers” there shall be substituted the words “duty holder”.

10. For regulation 23 (duties of installation owners and installation managers) of the 1989 Regulations there shall be substituted the following regulation:

“Duties of installation operators and owners, and employers

23.—(1)The provisions of this regulation shall apply to every offshore installation served by a safety committee.

(2)It shall be the duty of the duty holder—

(a)to facilitate the exercise by the committee of its functions and by the safety representatives of their functions and powers in respect of the installation under these Regulations, and for that purpose to make available the necessary accommodation, facilities for communication and office equipment supplies;

(b)to consult safety representatives with a view to the making and maintenance of arrangements which will enable them and the workforce to co-operate effectively in promoting and developing measures to ensure the health and safety of persons working on or from the installation, and in checking the effectiveness of such arrangements; and

(c)without prejudice to sub-paragraph (b) above, to consult safety representatives in good time with regard to—

(i)the preparation of a safety case relating to the installation under the Offshore Installations (Safety Case) Regulations 1992;

(ii)the introduction to the installation of any measure which may substantially affect the health and safety of the workforce; and

(iii)the health and safety consequences for the workforce of the introduction (including the planning thereof) to the installation of new technologies.

(3)It shall be the duty of the duty holder and any employer of members of a workforce to consult safety representatives in good time with regard to—

(a)any health and safety information he is required to provide to members of a workforce by or under the relevant statutory provisions; and

(b)the planning and organisation of any health and safety training he is to provide to members of a workforce by or under the relevant statutory provisions.

(4)It shall be the duty of every employer of members of a workforce to consult safety representatives in good time with regard to his arrangements for appointing persons in accordance with regulation 6(1) of the Management of Health and Safety at Work Regulations 1992”.

11. For regulation 27 (training) of the 1989 Regulations there shall be substituted the following regulation:

“Training

27.It shall be the duty of the duty holder to ensure that—

(a)a safety representative for the installation is provided with such training in aspects of the functions of a safety representative as are reasonable in all the circumstances; and

(b)any costs associated with such training, including travel and subsistence costs, are not borne by the safety representative.”

The Offshore Installations (Emergency Pipe-line Valve) Regulations 1989

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989

13. In regulation 2 (interpretation) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989(6)—

(a)the definition of “the 1971 Act” shall be revoked;

(b)after the definition of “the 1989 Order” there shall be inserted the following definition:

““the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995;”;

(c)for the definition of “offshore installation” there shall be substituted the following definition:

““offshore installation” has the same meaning as in regulation 3 of the 1995 Regulations”;

(d)for paragraph (a) of the definition of “person in control” there shall be substituted the following paragraph:

“(a)in relation to an offshore installation, the person who is the duty holder as defined by regulation 2(1) of the 1995 Regulations for the purposes of those Regulations;”;

(e)for paragraph (c) of the definition of “person in control” there shall be substituted the following paragraph:

“(c)in relation to an activity in connection with an offshore installation—

(i)the person who is, in relation to the installation, the duty holder as defined by regulation 2(1) of the 1995 Regulations for the purposes of those Regulations; and

(ii)the employer of persons engaged in that activity;”.

The Offshore Installations (Safety Case) Regulations 1992

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 21B

SCHEDULE 3Form to notify the death or loss of a person pursuant to regulation 21B