The Offshore Installations (Safety Case) Regulations 2005

• (x) in the definitions of “pipeline” and “pipeline works”, replace the words “1995” with “ 2001 ”; and

• (xi) after the definition of “pipeline works”, insert—

“production installation” means an installation which— (a) extracts petroleum from beneath the sea-bed by means of a well; (b) stores gas in or under the shore or bed of relevant waters and recovers gas so stored; or (c) is used for the conveyance of petroleum by means of a pipe, and— (a) includes a— (i) non-production installation converted for use as a production installation for so long as it is so converted; (ii) production installation which has ceased production for so long as it is not converted to a non-production installation; and (iii) production installation which has not come into use; and (b) does not include an installation which, for a period of no more than 90 days, extracts petroleum from beneath the sea-bed for the purposes of well testing;

; and

• (b) omit paragraphs 14, 15 and 16 of Part II of Schedule 2 (modifications of instruments).

3

In the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 —

• (a) in regulation 2(1) (interpretation)—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) omit the definition of “concession owner”;

• (iii) for the definition of “duty holder”, substitute—

“duty holder” means— (a) in relation to a production installation, the operator; and (b) in relation to a non-production installation, the owner;

• (iv) omit the definition of “fixed installation”;

• (v) after the definition of “installation”, insert—

“licensee” means any person to whom a licence to search and bore for and get petroleum in respect of any area within relevant waters is granted pursuant to section 3 of the Petroleum Act 1998;

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) omit the definition of “mobile installation”;

• (viii) after the definition of “muster areas”, insert—

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

• (ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (x) for the definition of “owner”, substitute—

“owner” means the person who controls the operation of a non-production installation;

• (xi) after the definition of “personal protective equipment”, insert—

“ petroleum ” (a) includes any mineral oil or relative hydrocarbon and natural gas, whether or not existing in its natural condition in strata; and (b) does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation; and “production installation” means an installation which— (a) extracts petroleum from beneath the sea-bed by means of a well; (b) stores gas in or under the shore or bed of relevant waters and recovers gas so stored; or (c) is used for the conveyance of petroleum by means of a pipe, and— (a) includes a— (i) non-production installation converted for use as a production installation for so long as it is so converted; (ii) production installation which has ceased production for so long as it is not converted to a non-production installation; and (iii) production installation which has not come into use; and (b) does not include an installation which, for a period of no more than 90 days, extracts petroleum from beneath the sea-bed for the purposes of well testing;

• (b) in regulation 3(1)(b) (application) for the words “1995” substitute “ 2001 ”;

• (c) in regulation 17 (arrangements for recovery and rescue) before the word “include” insert “ shall ”;

• (d) omit paragraphs (2) to (8) of regulation 19 (suitability and condition of plant); and

• (e) omit regulation 24 (amendment of the Offshore Installations (Safety Case) Regulations 1992).

4

...

5

In the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 —

• (a) in regulation 2 (interpretation)—

• (i) in paragraph (1)—

• (aa) in the definition of “the 1992 Regulations” for the words “1992” substitute “ 2005 ”;

• (bb) omit the definition of “concession owner”;

• (cc) after the definition of “integrity” insert—

“licensee” means any person to whom a licence to search and bore for and get petroleum in respect of any area within relevant waters is granted pursuant to section 3 of the Petroleum Act 1998;

• (dd) in the definition of “mobile installation” omit the words “(other than a floating production platform)”;

• (ee) in the definition of “safety cases” for the words “1992” substitute “ 2005 ”;

• (ff) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in paragraph (4)(b) for the words “1992” substitute “ 2005 ”.

• (b) omit regulation 26 and Schedule 2 (modification of the Offshore Installations (Safety Case) Regulations 1992).

6

In the Diving at Work Regulations 1997 omit paragraph 4 of Schedule 2.

7

In the Health and Safety (Fees) Regulations 2005 —

• (a) in regulation 16 (fees payable in respect of offshore installations)—

• (i) in paragraph (2), replace the words “who has prepared” with “ with regard to ”; and

• (ii) in paragraphs (2) and (3) in each place in which they occur for the words—

• (aa) “1992” substitute “ 2005 ”; and

• (bb) “safety case” substitute “ current safety case ”.

• (b) in Schedule 15 (fees payable in respect of offshore installations)—

• (i) for the first line of the table substitute—

• (ii) in the fourth line in column 1 for the word “17” substitute “ 23 ”; and

• (iii) in each place in which they occur for the words—

• (aa) “1992” substitute “ 2005 ”; and

• (bb) “safety case” substitute “ current safety case ”.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Philip A Hunt — Parliamentary Under Secretary of State, — Department for Work and Pensions — 2005-11-09

Explanatory note

(This note is not part of the Regulations)

1These Regulations replace the Offshore Installations (Safety Case) Regulations 1992 (S.I. 1992/2885) (“the 1992 Regulations”) to provide for the preparation of safety cases for offshore installations and for the notification of specified activities to the Health and Safety Executive (“the Executive”).

2The 1992 Regulations implemented Article 3(2) of Council Directive 92/91/EEC (O.J. No. L348, 28.11.92, p.9) concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling. These Regulations continue to provide for the implementation of this provision in Great Britain.

3A safety case is defined in the Regulations as a document containing specified information relating to the management of health and safety and the control of major accident hazards and containing the particulars specified in the Schedule referred to in the provision of the Regulations under which it is prepared (regulations 2(2) and 12).

4The Regulations—arequire a licensee to ensure that any operator he appoints is capable of carrying out his functions and discharging his duties satisfactorily (regulation 5);brequire an operator to prepare and send to the Executive a design notification for a production installation which is to be established (regulation 6(1))and a relocation notification for a production installation that is to be moved to a new location (regulation 6(2));cprohibit the operation of a production installation unless a safety case has been sent to and accepted by the Executive (regulation 7 and Schedule 2);dprohibit the movement of a non-production installation in relevant waters (as defined in regulation 2(1)) with a view to its being operated there unless a safety case has been sent to and accepted by the Executive (regulation 8 and Schedule 3);erequire a design notification to be sent to the Executive in respect of the conversion of a non-production installation to a production installation (regulation 9(1)) and prohibit the operation of a converted installation unless a safety case has been sent to and accepted by the Executive (regulation 9(5));fprohibit the engagement of an installation in a combined operation with another unless a notification has been sent to the Executive (regulation 10 and Schedule 4);gprohibit the dismantling of a fixed installation unless a revised safety case has been sent to and accepted by the Executive (regulation 11 and Schedule 5);hrequire a safety case to be reviewed when directed by the Executive and at intervals of 5 years (regulation 13);irequire a safety case to be revised when appropriate and when directed by the Executive (regulation 14);jgrant to the Executive powers in respect of safety cases and related documents (regulation 15);krequire any procedures or arrangements in safety cases to be followed and provide for specified defences for contravention of the requirement (regulation 16);lprohibit the commencement of a well operation unless a notification has been sent to the Executive (regulation 17);mimpose requirements with respect to the making and keeping of documents (regulation 18);nimpose requirements with respect to the creation, revision and continuing effect of a verification scheme in respect of an installation and provide a defence for contravention of the requirements (regulations 19 to 22);oprovide for the granting of exemptions from the Regulations by the Executive (regulation 23);pprovide for an appeal to the Secretary of State against certain decisions of the Executive (regulation 24);qcontain transitional provisions in respect of activities in existence or commenced within a specified time of the coming into force of the Regulations (regulation 27).

5A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.

Footnotes

Editorial notes

Review

24A

• (1) The Secretary of State must from time to time—

• (a) carry out a review of regulations 1 to 24;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 92/91/EEC concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (which is implemented by means of these Regulations) is implemented in other member States.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first report under this regulation must be published by 18th July 2020.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Amendments

Revocation

Transitional provisions