SAFETY, HEALTH AND WELFARE (OFFSHORE INSTALLATIONS) ACT, 1987

34.—(1) (a) In case an installation manager by act or omission contravenes or fails to comply with section 16, 17, 21 (2), 25, 28 or 30 of this Act he shall be guilty of an offence.

• (b) In case the owner of an offshore installation fails to comply with the requirements of section 11 (4) of this Act, of a notice under section 26 (3) of this Act, or of a direction under section 26 (6) of this Act, or in case a condition imposed under section 12 (2) of this Act is not complied with, he shall be guilty of an offence.

• (2)
• (a) In the event of an installation manager's failing to comply with or contravening section 10 (1), 14, 16, 17, 25 or 30 of this Act, the owner of the relevant offshore installation shall, subject to the provisions of this Act, be guilty of an offence.

• (b) In case an installation manager commits an offence under this section by reason of his failure to comply with section 21 (2) of this Act and the offence is committed with the consent, connivance or approval of the owner of the offshore installation concerned, such owner shall also be guilty of the offence.

• (3) In the event of a contravention in relation to an offshore installation of section 12 (1) or 14 of this Act because for the time being no installation manager or other person stands appointed in pursuance of and in accordance with section 11 (1) of this Act, or because the installation was used under the supervision of a person other than the installation manager for a period exceeding that permitted by section 12 (2) of this Act, the owner of the installation shall be guilty of an offence.

• (4) In the event of the employment of a person in contravention of section 14 of this Act by a person other than the relevant installation manager, that installation manager shall, subject to the provisions of this Act, be guilty of an offence.

• (5)
• (a) Any person who by act or omission contravenes—

• (i) a regulation under this Act, or

• (ii) a condition specified in a regulation under section 14 (4) of this Act, or

• (iii) a condition, other than a condition so specified, contained in a regulation under this Act being a condition to which a declaration under section 5 (4) of this Act relates but not being a condition to which the provisions of section 13 (3) of this Act regarding construction applies,

shall be guilty of an offence.

• (b) Any person who contravenes section 26 (5) or 26 (8) of this Act shall be guilty of an offence.

• (6) Any person who fails to comply with a requirement made by the Minister under section 6 (1) of this Act shall be guilty of an offence.

• (7) Any person who fails to comply with section 9 of this Act shall be guilty of an offence.

• (8)
• (a) Any person who fails to comply with subsection (1) or subsection (5) of section 10 of this Act shall be guilty of an offence.

• (b) (i) Any owner of an offshore installation who fails to comply with a requirement referred to in section 10 (4) (a) of this Act shall be guilty of an offence.

• (ii) Any installation manager who fails to produce a certificate pursuant to the requirements of section 10 (4) (a) of this Act shall be guilty of an offence.

• (c) Any person who uses, or causes to be used, in contravention of section 10 (4) (b) of this Act any fitting or other part to which a condition referred to in the said section 10 (4) (b) relates shall be guilty of an offence.

• (9) Any installation manager or other person who fails to exercise the daily personal supervision required to be exercised by him by section 12 (1) of this Act shall be guilty of an offence.

• (10) If a person subject to the authority of the manager of an offshore installation to which this Act applies wilfully disobeys a lawful command given to him by the manager in the exercise of that authority, he shall be guilty of an offence.

• (11) If an installation manager or owner fails to comply, or ensure compliance, with section 13 (2) of this Act, he shall be guilty of an offence.

• (12) Any person who employs a person in contravention of section 14 of this Act shall be guilty of an offence.

• (13) Subject to section 19 (4) of this Act, any person who contravenes subsection (1), (2) or (3) of section 15 of this Act shall be guilty of an offence.

• (14) Any person who fails to comply with section 18 (1) of this Act shall be guilty of an offence.

• (15) Any person who while employed on, in or in the neighbourhood of an offshore installation to which this Act applies does not wear or otherwise appropriately use at work facilities, equipment, clothing or materials provided in pursuance of section 18 of this Act or of regulations thereunder for his protection shall be guilty of an offence.

• (16) Any person who contravenes section 19 (1) or subsection (1) or (2) of section 20 of this Act shall be guilty of an offence.

• (17) Any person who fails to comply with the provisions of section 22 (5) of this Act shall be guilty of an offence.

• (18)
• (a) Any installation manager who fails to comply with subsection (1) or (2) of section 27 of this Act shall be guilty of an offence.

• (b) Any person who contravenes section 27 (4) of this Act shall be guilty of an offence.

• (19)
• (a) (i) Any person who fails to comply with a requirement of a notice served on him under section 32 (1) of this Act or who fails to comply with a requirement made by the Minister under section 32 (3) of this Act, shall be guilty of an offence.

• (ii) Any owner or manager of an offshore installation who fails to give facilities required to be given by section 32 (3) of this Act shall be guilty of an offence.

• (b) Any person, other than the owner or manager of the relevant offshore installation, who fails to give facilities required to be given by section 32 (3) of this Act shall be guilty of an offence.

• (20)
• (a) A person who—

• (i) fails to comply with any requirement imposed by an inspector under section 41 of this Act, or

• (ii) prevents, or attempts to prevent, any other person from appearing before an inspector or from answering any question to which an inspector may, by virtue of subsection (1) of section 41 of this Act, require an answer, or

• (iii) without permission granted by an inspector, removes from an offshore installation to which this Act applies or conceals or tampers with any machinery, apparatus or other article of which possession has been taken by an inspector under section 41 of this Act, or

• (iv) obstructs or otherwise interferes with an inspector in the exercise or performance of his powers or duties, shall be guilty of an offence.

• (b) Any person who acts in contravention of section 41 (2) (c) of this Act shall be guilty of an offence.

• (21) Any person who contravenes a prohibition or restriction imposed, or who fails to comply with a requirement imposed or made, under section 42 of this Act by an inspector shall be guilty of an offence.

• (22) A person who makes a deduction in contravention of section 46 of this Act shall be guilty of an offence.

35 Offences; supplementary provisions.

35.—(1) In any proceedings for an offence under this Act an averment in any indictment, summons or other process of the fact that anything was done or situated within waters to which this Act applies shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment.

• (2) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the body, he, as well as the body, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

• (3) If an installation manager or the owner of an offshore installation avails himself of any exemption allowed by or under this Act and fails to comply with any condition attached to the exemption, he shall be deemed to have contravened the relevant provision of this Act or of a regulation under this Act.

• (4) If any persons are employed on an offshore installation to which this Act applies otherwise than in accordance with a requirement of this Act or of any regulation made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.

• (5) In case an offence under section 34 (22) of this Act is committed with the consent, connivance or approval of, or is facilitated by any neglect on the part of, an installation manager, such manager shall also be guilty of the offence.

36 Defences generally.

36.—(1) In any proceedings for an offence under this Act, it shall be a defence for the accused to prove that he used all due diligence to execute or comply with any requirement of this Act or of regulations under this Act to which the alleged offence relates, and either that the relevant contravention was committed without his consent, connivance or wilful default or that he took, or caused to be taken, reasonable steps to prevent or avoid the contravention.

• (2) In any proceedings for an offence under section 12 of this Act it shall be a defence for the defendant to prove that the failure by him in relation to which the offence is alleged to have been committed was due to circumstances beyond his control.

• (3) In any proceedings taken in respect of a contravention of section 27 (4) of this Act consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety of the offshore installation concerned or persons thereon.

37 Prosecution of offences.

37.—(1) Summary proceedings for an offence under this Act may be prosecuted by the Minister.

• (2) Subject to subsection (4) of this section, summary proceedings for an offence under this Act may be commenced—

• (a) at any time within six months from the date on which the offence was committed, or

• (b) at any time within three months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are instituted, to justify proceedings comes to such person's knowledge, whichever is the later.

• (3) In addition to subsection (2) of this section, where, in consequence of an accident or the occurrence of a disease in waters to which this Act applies on, in or in the neighbourhood of an offshore installation, a report is made by a person appointed under this Actto hold an investigation under section 31 of this Act or a coroner's inquest is held, and it appears from the report or from the proceedings at the inquest that, at or before the time of the accident or other occurrence, there was a contravention, in relation to the offshore installation, of—

• (a) a provision of this Act or of regulations made thereunder, or

• (b) a condition attached to an exemption, consent, approval or authority granted under or by virtue of this Act by the Minister or by an inspector,

summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

• (4) Summary proceedings mentioned in subsection (2) of this section shall not be instituted later than two years from the date on which the offence was committed.

• (5) For the purposes of this section a certificate signed by or on behalf of the person instituting the proceedings as to the date on which evidence described in subsection (2) of this section came to the knowledge of such person shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this section and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

• (6) Subsections (2) and (3) of this section shall have effect notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851.

38 Jurisdiction.

38.—(1) Where—

• (a) any act or omission takes place either on an offshore installation which is in waters to which this Act applies or in any part of waters which are within five hundred metres of such an installation, or

• (b) (i) any act or omission takes place either in any part of the waters to which this Act applies which is not within five hundred metres of an offshore installation which is for the time being in waters to which this Act applies, or under or above any such part, or such an offshore installation, and

• (ii) the act or omission is connected with the exploration or exploitation of the sea bed or subsoil for petroleum or other minerals,

in case the act or omission constitutes either an offence under this Act or a wrong and legal proceedings are taken for the offence or as respects the wrong and a Judge of the Circuit Court or a Justice of the District Court before whom the proceedings are brought has not apart from this section jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence or the wrong may be treated as having been committed within the circuit of such Judge or the District Court District to which such Justice is assigned, as may be appropriate.

• (2) The reference in section 10 (1) of the Maritime Jurisdiction Act, 1959, to a ship shall be construed as including a reference to an offshore installation.

• (3) In this section “wrong” has the meaning assigned to it by the Civil Liability Act, 1961.

39 Penalties.

39.—(1) Every person guilty of an offence under section 34 (1) (b) of this Act, by reason of a failure to comply with the requirements of section 11 (4) of this Act, or guilty of an offence under section 34 (8) of this Act, by reason of a failure to comply with section 10 (1) of this Act, or guilty of an offence under section 34 (9), 34 (11), 34 (19) (a) or 44 of this Act shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.

• (2) Every person guilty of an offence under section 34 (10), 34 (16), 34 (17), 34 (18), 34 (19) (b), 34 (20) (a) or 34 (21) of this Act, or under section 34 (8) of this Act other than by reason of a failure to comply with section 10 (1) of this Act, shall be liable on summary conviction to a fine not exceeding £1,000.

• (3) Every person guilty of an offence under section 34 (1) of this Act, other than by reason of a failure to comply with the requirements of section 11 (4) of this Act, shall be liable on summary conviction to a fine not exceeding—

• (a) in case the person is guilty of the offence by reason of a contravention of section 16, 17 or 28 of this Act, £200,

• (b) in case the person is so guilty by reason of a contravention or failure to comply with section 25 (1), 26 (3) or 30 of this Act, £400, and

• (c) in any other case, £600.

• (4) Every person guilty of an offence under subsection (2) or (3) of section 34 of this Act shall be liable on summary conviction to a fine not exceeding—

• (a) in case the person is guilty of the offence by reason of a failure of an installation manager to comply with section 76 of this Act £200,

• (b) in case the person is so guilty by reason either of a failure of an installation manager to comply with section 25 of this Act or such manager's having employed a person in contravention of section 14 of this Act, £300, and

• (c) in any other case, £600.

• (5) Every person guilty of an offence under section 34 (4), 34 (7), 34 (12), 34 (13), 34 (14), 34 (15), 34 (22) or 45 of this Act shall be liable on summary conviction to a fine not exceeding £300.

• (6) Every person guilty of an offence under section 34 (6) of this Act shall be liable on summary conviction to a fine not exceeding £200.

• (7) Subject to any provision which in exercise of the power contained in paragraph (a) (ii) or (a) (iii) of section 5 (4) of this Act is contained in a regulation under this Act and is applicable in the particular case, every person guilty of an offence under section 34 (5) of this Act shall be liable—

• (a) on summary conviction, to a fine not exceeding £600, or

• (b) on conviction on indictment, to a fine not exceeding £1,200 or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.

• (8) Every person guilty of an offence under section 34 (20) (b) of this Act shall be liable on summary conviction to a fine not exceeding £400.

• (9) Where a person is convicted on indictment of an offence under this Act and there is a continuation by him of the offence after conviction, he shall be liable on summary conviction to a fine not exceeding £200 for each day on which the offence is so continued.

• (10) Where the court by which a person is convicted of an offence under this Act is satisfied that the offence in respect of which he is convicted—

• (a) was likely to cause the death of, or serious bodily injury to, a person employed on, in or in the neighbourhood of the offshore installation in relation to which the contravention occurred, or

• (b) was likely to cause a dangerous accident, or

• (c) was likely to endanger the safety of any such person,

then if, apart from this subsection the court may not impose a term of imprisonment in respect of the conviction, the court may impose upon the person (either in addition to, or in substitution for, a fine) imprisonment for a term not exceeding six months.

PART VI Miscellaneous

40 Inspectors.

40.—(1) The Minister may authorise any of his officers or any other person to be an inspector for the purposes of this Act.

• (2) Notice of an authorisation under this section shall be published in Iris Oifigiúil.

• (3) Every person authorised by the Minister under subsection (1) of this section shall be furnished with a certificate of his authorisation and when exercising a power under this Act shall, if requested by any person thereby affected, produce the said certificate for inspection by the person.

• (4) Such annual reports of the proceedings of the inspectors as the Minister directs shall be laid before each House of the Oireachtas.

41 General powers of inspectors.

41.—(1) An inspector shall, for the purpose of the execution of this Act, have power—

• (a) at any time (whether by day or by night) to board or otherwise enter an offshore installation to which this Act applies and to inspect the whole or any part thereof and anything therein or thereon,

• (b) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any obstruction in the execution of his duty,

• (c) to make such examination and inquiry as may be necessary—

• (i) to ascertain whether the following are complied with, namely, the provisions of this Act and regulations thereunder, any direction or requirement given or imposed by a notice served under or by virtue of this Act by the Minister or by an inspector and any condition attached to any exemption or consent granted or given under or by virtue of this Act by the Minister or an inspector, or

• (ii) to ascertain any matter appearing to the inspector to affect or relate to the safety, health or welfare of persons employed on, in or in the neighbourhood of such an offshore installation and in particular (but without prejudice to the generality of the foregoing) the causes and circumstances of any accident or other occurrence at such an offshore installation being in either case one of which notice is required by this Act to be given,

• (d) for the purpose of any examination or inquiry under the foregoing provisions—

• (i) to take any measurement or photograph or make any tape or other electrical recording which he considers to be necessary for such purposes,

• (ii) to require any person whom he finds on such an offshore installation, or whom he has reasonable cause to believe to be, or within the preceding two months to have been employed on such an offshore installation, to answer, in the absence of persons other than a person nominated by the person to be present and any persons whom the inspector may allow to be present, such questions as the inspector thinks fit to ask, so however, that no answer given by a person in pursuance of a requirement imposed under this sub-paragraph shall be admissible in evidence against him in any proceedings,

• (iii) to take (without payment) samples of any articles or substances found on such an offshore installation and of the atmosphere, or to take a reading of the level of any radiation, there,

• (iv) to take possession or control (without compensation) of any machinery, apparatus or other article whatsoever on such an offshore installation which appears to him to have caused, or to be likely to cause, danger to safety or health and cause it to be dismantled or subjected to any process or test, notwithstanding that it is thereby damaged or destroyed,

• (e) to require the production of, and when produced to inspect and to take copies of—

• (i) any installation logbook or other document which by, or by virtue of, this Act is required to be kept, and

• (ii) any other documents, being documents which are in the possession or under the control of a concession owner, the owner of such an offshore installation or an installation manager and in the opinion of the inspector are relevant for the purposes of an examination or inquiry under the foregoing provisions of this subsection,

• (f) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in or on an offshore installation to which this Act applies, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in or on such an offshore installation, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined,

• (g) to require any person having responsibilities in relation to such an offshore installation (whether he is or is not the owner or the installation manager or any other person employed thereon or in the neighbourhood thereof) to—

• (i) give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this subsection,

• (ii) enable the inspector to use any thing which is then under the person's control and is required by the inspector for the purpose of making an examination or inquiry or taking a sample under this Act,

• (iii) render, or cause to be rendered, for or in connection with any such examination or inquiry or taking of a sample, such personal assistance as the inspector shall specify,

• (h) to exercise such other powers as may be necessary for carrying this Act into effect.

• (2)
• (a) Any person who is a person described in subsection (1) (g) of this section may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and

• (i) to deliver one part to him,

• (ii) to retain one part for future comparison,

• (iii) to submit one part for analysis,

and any analysis under this section shall, if so required, be carried out by or under the direction of the State Chemist or a person who is for the time being approved of for the purposes of the section by the Minister.

• (b) A certificate purporting to be a certificate by the State Chemist or a person who is for the time being approved of for the purposes of the section by the Minister as to the result of an analysis of a sample taken under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

• (c) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person, other than the Minister, the results of an analysis made under this section.

• (d) In this subsection “the section” means section 72 of the Factories Act, 1955, as amended by sections 42 (2) and 56 (d) of the Act of 1980.

42 Power of inspector to require remedy for immediate or apprehended danger, etc.

42.—(1) If an inspector is of opinion that an offshore installation to which this Act applies or any part thereof or any matter, thing or practice on or in such an offshore installation or connected with the control or management of such an offshore installation is or is likely shortly to become dangerous to the safety or health of the persons employed on, in or in the neighbourhood of the installation or any of them, he may serve on the installation manager concerned a notice stating that he is of that opinion and giving particulars of the reason why he is of that opinion, and imposing upon such installation manager such prohibition, restriction or other requirement as appears to the inspector to be necessary for the purpose of safeguarding the safety or health of the persons employed on or in the installation or any of them.

• (2) Where an inspector is of opinion that anything on or in an offshore installation to which this Act applies constitutes a danger or a risk of danger, he may by a notice in writing require the owner of the installation to take such reasonable measures as he considers adequate to deal with the matter and specifies in the notice, and in case a requirement is made under this subsection the owner of the installation shall include in the statement prepared in pursuance of section 26 of this Act particulars of the measures specified in the relevant notice under this subsection.

• (3) A prohibition notice or a notice under subsection (1), (2) or (6) of this section shall be signed by an inspector.

• (4) A person who is aggrieved by an imposition or requirement imposed on him under this section may, within the period of sevendays beginning on the day on which the relevant notice is received by him, appeal to the High Court against the matter imposed.

• (5) Where an appeal is brought under this section, the following provisions shall apply:

• (a) pending the determination of the appeal, the bringing thereof shall not operate to affect in any way the imposition or requirement to which the appeal relates,

• (b) in determining the appeal, the High Court may—

• (i) confirm such imposition or requirement, with or without modification, or

• (ii) lift or cancel, as may be appropriate, such imposition or requirement.

• (6) An inspector may by a notice served on the installation manager or the owner of the relevant offshore installation, amend, or suspend, for such period as shall be specified in the notice, or lift or cancel, as may be appropriate, an imposition or requirement imposed under this section.

• (7)
• (a) Where an imposition or requirement is imposed under this section and activities are carried on in contravention of the imposition or requirement, the High Court may on the application of an inspector by order prohibit the continuance of the activities.

• (b) An application to the High Court for an order under this subsection shall be by motion and the court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

• (c) The order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the High Court considers appropriate.

• (8) Where —

• (a) the High Court in determining an appeal under this section lifts, cancels or varies a requirement or imposition to which the appeal relates, or

• (b) an inspector suspends, amends, lifts or cancels an imposition or requirement imposed under this section,

the determination, suspension, amendment, lifting or cancellation shall not affect the validity of the requirement or imposition in, but only in, so far as it required anything to be done or prohibited anything's being done prior to the date of the determination, or, as may be appropriate, date of the suspension, amendment, lifting or cancellation.

43 Certain publications privileged.

43.—(1) The publication, in whole or in part, of a report of an inspector relating to an offshore installation and made pursuant to this Act to a person who as regards the installation is a member of the safety committee, the safety representative, safety delegate, deputy safety representative or deputy safety delegate shall for the purposes of the law of defamation enjoy qualified privilege.

• (2) Where—

• (a) a notice is served under section 42 of this Act, or,

• (b) (i) there is known to the Minister, by virtue of the performance of his functions under this Act or otherwise, any fact or matter regarding an offshore installation which is or has at any time been an offshore installation to which this Act applies or any matter, thing or practice on or in such an offshore installation or connected with the control or management of any such offshore installation, or

• (ii) by virtue of such performance or otherwise the Minister knows, or believes to be the case, any other fact or matter, and

• (iii) in either case, the fact or matter is in the opinion of the Minister relevant to the safety, health or welfare of persons employed on, in or in the neighbourhood of such an offshore installation,

the Minister may in his absolute discretion publish the service or other fact or matter to a person who as regards the relevant offshore installation is for the time being a safety representative, safety delegate or a member of a safety committee, and in case such service, fact or matter is so published by the Minister, the publication shall for the purposes of the law of defamation enjoy qualified privilege.

44 Forgery of certificates, etc.

44.—If any person—

• (a) with intent to deceive forges, counterfeits or uses any certificate required by, under or for the purposes of this Act or regulations made thereunder or has in his possession a document so closely resembling any such certificate as to be calculated to deceive,

• (b) gives or signs any such certificate knowing it to be false in a material particular,

• (c) knowingly utters or makes use of any such certificate so forged, counterfeited or false as aforesaid,

• (d) knowingly utters or makes use of as applying to any person or offshore installation any such certificate which does not so apply,

• (e) personates any person named in any such certificate,

• (f) falsely pretends to be an inspector,

• (g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending,

• (h) wilfully makes a false entry in any installation logbook or in any register, notice, certificate or other document required by, or for the purposes of, this Act, regulations made thereunder, or a condition subject to which an exemption is allowed pursuant to a regulation made under section 5 (2) (d) of this Act, to be made, kept, served, given or sent,

• (i) wilfully makes or signs an entry or declaration which is false and which is required to be made by or under this Act,

• (j) knowingly makes use of any such false entry or declaration,

he shall, without prejudice to any other offence, be guilty of an offence under this section.

45 Removal or defacement of notice, etc.

45.—If, without reasonable excuse, a person removes, injures or defaces a notice or any other thing which is for the time being posted at an offshore installation in compliance with a provision of this Act or of regulations under this Act, he shall be guilty of an offence.

46 Prohibition of certain deductions from wages.

46.—A person shall not, in respect of anything to be done or provided by him in pursuance of this Act or regulations thereunder, make any deduction from wages or any sum contracted to be paid by him to any person who is employed by him on, in or in the neighbourhood of an offshore installation to which this Act applies and for whom or in relation to whom the thing is so done or provided, or allow any person so employed to receive from any person for or in relation to whom the thing is so done or provided any payment in respect of the thing.

47 Application of Safety in Industry Acts, 1955 and 1980, restricted.

47.—Except as provided in sections 27 (5) and 31 (2) of this Act, the Safety in Industry Acts, 1955 and 1980, shall not apply to any offshore installation to which this Act applies nor shall they apply to any activity, operation, process or other work to which either this Act applies or regulations made under this Act apply.

48 Provisions relating to section 3 and amendment of Act of 1968.

48.—(1) It is hereby declared that, notwithstanding that section 3 of the Act of 1968 may affect individuals or bodies corporate outside the State, it applies to any individual whether or not he is an Irish citizen and to any body corporate whether or not incorporated under the law of the State.

• (2) It shall not be held in any legal proceedings that section 3 of the Act of 1968 or subsection (1) of this section does not apply in a particular case by reason only of the fact that an offshore installation is or was in transit.

• (3) Section 1 of the Act of 1968 is hereby amended by the insertion of the following definition after the definition of “designated area”:

“' installation' includes any floating structure or device maintained on a station by whatever means;”,

and the said section 1, as so amended, is set out in the Table to this section.

TABLE

1.—In this Act—

“designated area” means an area standing designated for the time being by order under section 2 of this Act;

“installation” includes any floating structure or device maintained on a station by whatever means;

“the Minister” means the Minister for Industry and Commerce.

SCHEDULE Matters for or in relation to which regulations under section 22 may provide.

• (b) The circumstances in which or the occasions on which any prescribed activity, operation, process or other work may not, or may only, be carried out on, in or from any offshore installation.

• (c) The prohibition from so carrying out any prescribed activity, operation, process or other work unless, as may be prescribed, either or both of the following requirements are complied with—

• (i) a person engaged in the activity, operation, process or other work has previously undergone prescribed instruction, training or instruction and training,

• (ii) prescribed facilities, equipment, clothing and materials are available for use as regards the activity, operation, process or other work.

• (d) The safety or suitability of any place where any prescribed activity, operation, process or other work is carried out.

• (b) Measures requiring persons, before being employed in any prescribed activity, operation or process or prescribed description of manual labour, to undergo a prescribed medical examination.

• (c) Measures requiring persons, for so long as they are employed in any prescribed activity, operation or process or prescribed description of manual labour, to undergo prescribed medical examinations at prescribed intervals.

• (d) Measures requiring persons, being persons certified, by prescribed persons and in a prescribed manner, as being reasonably suspected by the person issuing the certificate of suffering from a disease which for the time being stands prescribed for the purposes of section 29 of this Act, as a condition of being allowed to continue in employment on, in or in the neighbourhood of an offshore installation, to undergo a medical examination as regards such disease.

• (b) The use of fire detection equipment and of emergency equipment (including that for fire suppression or rescue).

• (c) Requirements as to the construction, installation, maintenance, use, testing, repair, adjustment, alteration and examination of fire detection equipment and of fire suppression or other emergency equipment.

• (b) Prescribed occurrences.

• (c) First aid.

• (d) Medical treatment and medical stores.

• (b) Requirements as to supplies of fresh water.

• (a) facilities provided by existing maritime and aeronautical rescue units, and

• (b) existing shore-based search and rescue facilities.