The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995

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—the person for the time being designated as the owner of the pipeline by an order made under section 27(1) of the Petroleum Act 1998; orwhere no person has been so designated, the person by whom the pipeline is, or is to be, used;

• “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—the person for the time being designated as the proposed owner of the proposed pipeline by an order made under section 27(1) of the Petroleum Act 1998; orwhere no person has been so designated, the person for whom the pipeline is to be constructed.

• (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

Revocation and modification of instruments

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