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The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015

Type Statutory-Instrument

Publication 2015-03-19

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

(5) In this regulation (but not this paragraph) a reference to a duty holder includes a reference to a well operator.

Notification of major accident etc.

33

(1) The operator, well operator or, if appropriate, the owner must notify the competent authority without delay of—

(a) a major accident; or

(b) a situation where there is an immediate risk of a major accident.

(2) The notification must describe the circumstances, including, where possible, the origin, the potential impacts on the environment and the potential major consequences.

Information on operations conducted outside of the European Union , Great Britain and external waters

34

(1) A UK-registered company conducting, itself or through a subsidiary, offshore oil and gas operations outside the European Union , Great Britain and external waters as a licensee, operator or well operator must report to the competent authority, on request, the circumstances of any major accident in which it or its subsidiary has been involved.

(2) The details of the information to go in the report must be specified by the competent authority in the request.

(3) In paragraph (1)—

“subsidiary” has the meaning given in section 1159 of the Companies Act 2006 ;

“UK-registered company” has the meaning given in section 1158 of the Companies Act 2006.

Exemptions

35

(1) Subject to paragraph (3), the competent authority may, by a certificate in writing, exempt any person, installation or well, or class of persons, installations or wells, from any requirement or prohibition imposed by these Regulations.

(2) 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.

(3) The competent authority must 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, and that the exemption will be compatible with Article 3(2) of Directive 92/91/EEC and with Directive 2013/30/EU.

Enforcement

36

(1) To the extent they would not otherwise do so, the following provisions of the 1974 Act apply to these Regulations as if they were health and safety regulations for the purposes of that Act and any function of the Executive under any other provision of the 1974 Act under or in respect of health and safety regulations (including their enforcement) is exercisable as if these Regulations were, to the extent they would not otherwise be so, health and safety regulations for the purposes of that Act—

(a) sections 16 to 22 (approval of codes of practice and enforcement);

(b) section 23 (provisions supplementary to sections 21 and 22) and section 24 (appeal against improvement or prohibition notice);

(d) subject to regulation 40, sections 33 to 42 (provisions as to offences).

(2) A failure to discharge a duty placed on the competent authority by these Regulations is not an offence and section 33(1)(c) of the 1974 Act has effect accordingly.

(3) Section 18(1) of the 1974 Act (duty to make adequate arrangements for enforcement) applies in relation to enforcement of these Regulations as if the reference to the Executive included a reference to the Secretary of State, but nothing in this paragraph has the effect of making the Secretary of State an enforcing authority for the purposes of the 1974 Act.

(4) Without prejudice to the provisions of the 1974 Act referred to in paragraph (1)—

(a) section 256 of the 1995 Act (appointment of inspectors and surveyors) has effect as if the reference in subsection (1)(b) of that section to any requirements, restrictions or prohibitions imposed by or under that Act included a reference to any requirements, restrictions or prohibitions imposed by or under these Regulations or the PFEER Regulations;

(b) section 259 of the 1995 Act (powers of inspectors in relation to premises and ships) has effect in relation to a Departmental inspector—

(i) as if the reference in subsection (1)(a) of that section to any premises in the United Kingdom included a reference to any premises outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of articles 4(1) and (2), 5 and 6 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 (other than premises which come within subsection (1)(b) of section 259 of the 1995 Act);

(ii) as if the reference to any instrument made under the 1995 Act in subsection (2)(h)(iii) of that section included a reference to these Regulations and the PFEER Regulations; and

(iii) as if the reference in subsection (2)(j)(i) of that section to any books or documents which by virtue of any provision of the 1995 Act are required to be kept included a reference to any books or documents which by virtue of any provision of these Regulations are required to be kept.

(5) Paragraph (4)(b)(i) has effect only in relation to the requirements, restrictions, prohibitions and functions imposed or conferred by or under these Regulations or the PFEER Regulations.

(6) Without prejudice to the functions of an inspector appointed under section 19 of the 1974 Act, a Departmental inspector may, even though that person is not an inspector appointed under that section, serve—

(a) an improvement notice under section 21 of that Act in respect of a contravention of these Regulations or the PFEER Regulations; or

(b) a prohibition notice under section 22 of that Act, as modified in relation to such an inspector in accordance with paragraph (7),

and the reference to an inspector in section 23(4) and (5) of that Act has effect accordingly.

(7) Section 22 of the 1974 Act applies in relation to a Departmental inspector as if—

(a) any reference to the relevant statutory provisions were a reference to these Regulations or the PFEER regulations; and

(b) in subsection (2) the reference to a risk of serious personal injury were a reference to the risk of serious pollution from an installation in external waters.

(8) The following provisions of the 1974 Act apply to the EU Reporting Regulation as if it were health and safety regulations for the purposes of that Act and any function of the Executive under any other provision of that Act under or in respect of health and safety regulations (including their enforcement) is exercisable as if the EU Reporting Regulation were health and safety regulations for the purposes of that Act—

(a) sections 18 to 21 (enforcement),

(b) section 23 (provisions supplementary to sections 21 and 22) and 24 (appeal against improvement or prohibition notice), so far as they relate to an improvement notice;

(d) sections 33 to 42 (provisions as to offences).

(9) Section 18(1) of the 1974 Act (duty to make adequate arrangements for enforcement) applies in relation to enforcement of the EU Reporting Regulation and as if the reference in that section to the Executive included a reference to the Secretary of State, but nothing in this paragraph has the effect of making the Secretary of State an enforcing authority for the purposes of the 1974 Act.

(10) Without prejudice to the provisions of the 1974 Act referred to in paragraph (8) section 256 of the 1995 Act (appointment of inspectors and surveyors) has effect as if the reference in subsection (1)(b) of that section to any requirements, restrictions or prohibitions imposed by or under that Act included a reference to any requirements, restrictions or prohibitions imposed by or under the EU Reporting Regulation.

(11) Without prejudice to the functions of an inspector appointed under section 19 of the 1974 Act, a Departmental inspector may, even though that person is not an inspector appointed under that section, serve an improvement notice under section 21 of that Act in respect of a contravention of the EU Reporting Regulation and the reference to an inspector in section 23(4) and (5) of that Act has effect accordingly;

(12) In regulation 40 the reference to a requirement or prohibition imposed by or under these Regulations includes a reference to a requirement imposed by the EU Reporting Regulation.

(13) A failure to discharge a duty placed on the competent authority or the member State by the EU Reporting Regulation is not an offence and section 33(1)(c) of the 1974 Act has effect accordingly.

(14) In this regulation—

“Departmental inspector” has the meaning given in section 256(9)(a) of the 1995 Act; and

“EU Reporting Regulation” means Commission Implementing Regulation (EU) No 1112/2014 of 13 October 2014 determining a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the Member States .

Appeals

37

(1) Any person who is aggrieved by a decision of the competent authority—

(a) as to a finding of fact made by the competent authority for the purposes of these Regulations which affects the person as a duty holder or licensee or any installation for which the person is or may be responsible;

(b) to determine that the person no longer has the capacity to meet the requirements of the relevant statutory provisions pursuant to regulation 6;

(c) not to accept a safety case prepared by the person and submitted to the competent authority pursuant to regulation 17(1) or 18(1);

(d) to express objections to the content of the notification sent by the person in respect of a well operation (or any change of that content notified to the competent authority) pursuant to regulation 21(7);

(e) to direct the person to prepare revisions to a current safety case in accordance with regulation 25(1);

(f) not to accept a revision to a current safety case prepared by the person and sent to the competent authority in accordance with regulation 19(6), 20(1)(b), 24(2)(a), 25(3)(a) or Schedule 14;

(g) to suspend pursuant to regulation 25(7) a current safety case held by the person;

(h) not to lift a suspension pursuant to regulation 25(10) in respect of a current safety case held by the person;

(i) to notify the person that the competent authority has formed the opinion that measures for the prevention or limiting the consequences of a major accident proposed in the cases referred to in regulation 26(1), (4) or (7) are insufficient to fulfil the requirements set out in the relevant statutory provisions;

(j) to grant the person an exemption certificate subject to a condition or a limit of time pursuant to regulation 35(2); or

(k) to revoke an exemption certificate granted to the person pursuant to regulation 35(2),

may appeal to the Secretary of State.

(2) The provisions of Schedule 12 apply where an aggrieved person appeals to the Secretary of State.

(3) Any decision of the competent authority which is the subject of an appeal under this regulation is not suspended pending final determination of the appeal.

Amendments and revocations

38

(1) The instruments referred to in Part 1 of Schedule 13 are amended in accordance with that Part.

(2) The instruments specified in column 1 of Part 2 of Schedule 13 are revoked to the extent specified in the corresponding entry in column 3 of that Part.

Transitional provisions and savings

39

Schedule 14 (which makes transitional provisions and savings) has effect.

Penalties

40

The maximum penalty for an offence consisting of a contravention of a requirement or prohibition imposed by or under these Regulations is—

(a) on summary conviction—

(i) in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;

(ii) in Scotland, imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum, or both; and

(b) on conviction on indictment, imprisonment for a term not exceeding two years, or a fine or both.

Review

41

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

(a) carry out a review of these Regulations,

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

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 92/91/EEC and Directive 2013/30/EU (which are implemented by means of these Regulations) are 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 before the end of the period of five years beginning with the day on which these Regulations come into force.

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

SCHEDULE 1 — PARTICULARS TO BE ADDRESSED IN A CORPORATE MAJOR ACCIDENT PREVENTION POLICY

1

The responsibility of officers of the duty holder for ensuring, on a continuous basis, that the corporate major accident prevention policy is suitable, implemented, and operating as intended.

2

Formal command and control systems that include officers and senior management of the duty holder.

3

Measures for building and maintaining a strong safety culture with a high likelihood of continuous safe operation.

4

The approach to competency at all levels of the duty holder's organisation.

5

Measures for rewarding and recognising desired behaviours.

6

The evaluation of the duty holder's capabilities and goals.

7

The extent and intensity of process auditing.

8

Measures for maintenance of safety and environmental protection standards as an organisational core value.

9

The extent to which the particulars in paragraphs 1 to 8 are applied in the duty holder's offshore oil and gas operations conducted outside the European Union.

SCHEDULE 2 — MATTERS IN ACCORDANCE WITH WHICH THE CORPORATE MAJOR ACCIDENT PREVENTION POLICY AND SAFETY AND ENVIRONMENTAL MANAGEMENT SYSTEM MUST BE PREPARED

1

The need to take appropriate measures to ensure as far as reasonably practicable that there is no unplanned escape of hazardous substances from pipelines, vessels and systems intended for their safe confinement. In addition, the need to ensure that no single failure of a containment barrier can lead to a major accident.

2

The need to pay particular attention to evaluation of the reliability and integrity requirements of all safety and environmental-critical systems and base inspection and maintenance systems on achieving the required level of safety and environmental integrity.

3

The need to adopt suitable measures to use suitable technical means or procedures in order to promote the reliability of the collection and recording of relevant data and to prevent possible manipulation of that data.

4

The need to ensure there is a suitable framework for monitoring compliance with all relevant statutory provisions by incorporating statutory duties in respect of major hazards control and environmental protection into standard operating procedures.

5

The need to pay particular attention to building and maintaining a strong safety culture with a high likelihood of continuous safe operation, including with regard to securing cooperation of employees and contractors through, among other things—

(a) visible commitment to tripartite consultations and actions arising from them;

(b) encouraging and rewarding reporting of accidents and near-misses;

(d) protecting whistleblowers.

SCHEDULE 3 — PARTICULARS TO BE ADDRESSED IN A SAFETY AND ENVIRONMENTAL MANAGEMENT SYSTEM

1

Organisational structure and personnel roles and responsibilities.

2

Identification and evaluation of major hazards as well as their likelihood and potential consequences.

3

Integration of environmental impact into major accident risk assessments in the safety case.

4

Controls of the major hazards during normal operations.

5

Emergency planning and response.

6

Limitation of damage to the environment.

7

Management of change.

8

Monitoring of performance.

9

Audit and review arrangements.

10

The measures in place for participating in tripartite consultations and how actions resulting from those consultations are put into effect.

SCHEDULE 4 — MATTERS TO BE PROVIDED FOR IN A VERIFICATION SCHEME AND A WELL EXAMINATION SCHEME

PART 1 — Matters to be provided for in a verification scheme

1

The principles to be applied by the duty holder—

(a) in selecting a verifier to perform functions under the scheme; and

(b) in keeping the scheme under review.

2

The arrangements for the communication to the verifier of information necessary for the proper implementation, or revision, of the scheme.

3

The nature and frequency of examination and testing.

4

The arrangements for the making and preservation of records showing—

(a) the examination and testing carried out;

(b) the findings of the examination and testing;

(d) the remedial action performed.

5

The arrangements for communicating the matters specified in paragraph 4 to an appropriate level in the management system of the duty holder for the installation.

6

The arrangements for review and revision of the scheme.

PART 2 — Matters to be provided for in a well examination scheme

1

The principles to be applied by the well operator—

(a) in selecting a well examiner to perform functions under the scheme; and

(b) in keeping the scheme under review.

2

The arrangements for the communication to the well examiner of information necessary for the proper implementation of the scheme.

3

The nature and frequency of examination.

4

The arrangements for the making and preservation of records showing—

(a) the examination carried out;

(b) the findings of the examination;

(d) the remedial action performed.

5

The arrangements for communicating the matters specified in paragraph 4 to an appropriate level in the management system of the well operator.

6

The arrangements for review of the scheme.

SCHEDULE 5 — PARTICULARS TO BE INCLUDED IN A DESIGN NOTIFICATION OR A RELOCATION NOTIFICATION FOR A PRODUCTION INSTALLATION

1

The name and address of the operator of the installation.

2

A general description of the means by which the management system of the operator will ensure that the structure and plant of the installation will be designed, selected, constructed and commissioned in a way which will control major accident risks to comply with the relevant statutory provisions.

3

A description of the design process from an initial concept to the submitted design or selection of an existing installation, the relevant standards used and the design philosophy used to guide the process.

4

A description of—

(a) the chosen design concept in relation to the major hazard scenarios for the particular installation and its intended location, and the primary risk control features, including suitable diagrams, and a summary of the other design options which were considered;

(b) how the chosen design concept is intended to ensure—

(i) compliance with the requirements set out in regulations 5 (requirements as to operational integrity and composition) and 10 (integrity in dismantlement) of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 ; and

(ii) that risks with the potential to cause a major accident are reduced to the lowest level that is reasonably practicable; and

5

A suitable plan of the intended location of the installation and of anything which may be connected to it, and particulars of—

(a) the meteorological and oceanographic conditions to which the installation may foreseeably be subject; and

(b) the properties of the seabed and subsoil at its intended location.

6

A description of any environmental, meteorological and seabed limitations on safe operations, and the arrangements for identifying risks from seabed and marine hazards such as pipelines and the moorings of adjacent installations.

7

Particulars of the types of operation, and activities in connection with an operation, which the installation is capable of performing.

8

A description of—

(a) the principal systems on the installation;

(b) the installation layout;

(d) the principal features of any pipeline;

(e) any petroleum-bearing reservoir intended to be exploited using the installation; and

(f) the basis of design for any well to be connected to the installation.

9

A description of the verification scheme which complies with regulation 13(1) and an initial list of the safety and environmental-critical elements and their required performance.

10

A general description of the safety and environmental management system by which the intended major accident risk control measures are to be maintained in good effect.

11

Where a non-production installation is to be converted for use as a production installation, a justification demonstrating that the installation is suitable for such conversion.

12

Where a production installation is to be moved to a new location to serve a different production operation, a demonstration that the installation is suitable for the proposed production operation.

SCHEDULE 6 — PARTICULARS TO BE INCLUDED IN A SAFETY CASE FOR THE OPERATION OF A PRODUCTION INSTALLATION

1

The name and address of the operator of the installation.

2

The maximum number of persons—

(a) expected to be on the installation at any time;

(b) that may, in normal operating conditions and within design constraints, be on the installation at any time; and

3

A copy of the operator's corporate major accident prevention policy, where the operator is required to have one.

4

A summary of any worker involvement in the preparation of the safety case, including how any safety representatives for that installation were consulted with regard to the revision, review or preparation of the safety case pursuant to regulation 23(2)(c)(i) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 .

5

An adequate description of the operator's safety and environmental management system, including information from it that is relevant to the production installation.

6

A description of the verification scheme which complies with regulation 13(1).

7

A description of the extent to which the operator has taken into account any matters raised by the competent authority pursuant to regulations 15(2) or 19(2).

8

A description of the main requirements in the specification for the design of the installation and its plant, which must include—

(a) any limits for safe operation or use specified therein;

(b) a description of how the operator has ensured, or will ensure, compliance with regulation 4 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996;

(c) a description of how the duty holder has ensured, or will ensure, the suitability of the safety and environmental-critical elements;

(d) a description of how the duty holder—

(i) where the duty holder is also the pipeline operator, has ensured, or will ensure, compliance with regulation 11 of the Pipelines Safety Regulations 1996 ; or

(ii) where the duty holder is not also the pipeline operator, has co-operated or will cooperate with the operator in relation to a pipeline to ensure compliance with regulation 11 of the Pipelines Safety Regulations 1996; and

(e) any relevant codes, standards and guidance used in the construction and commissioning of the installation.

9

In paragraph 8(d) “pipeline operator”, in relation to a pipeline, means—

(a) the person who is to have or (once fluid or any mixture of fluids is conveyed) has control over the conveyance of fluid or any mixture of fluids in the pipeline;

(b) until that person is known (should there be a case where at a material time that person is not yet known) the person who is to commission or (where commissioning has started) commissions the design and construction of the pipeline; or

(c) when a pipeline is no longer used or is not for the time being used, the person last having control over the conveyance of fluid or any mixture of fluids in it.

10

A suitable plan of the location of the installation and of anything connected to it, and particulars of—

(a) the meteorological and oceanographic conditions to which the installation may foreseeably be subjected; and

(b) the properties of the seabed and subsoil at its location.

11

A description, with suitable diagrams, of the installation, including a description of—

(a) the main and secondary structure of the installation and its materials;

(b) its plant;

(d) any connections to any pipeline or other installation; and

(e) any well connected or to be connected to the installation.

12

Particulars of the types of operation, and activities in connection with an operation, including both those—

(a) which the installation is capable of performing; and

(b) which are to be carried out.

13

Particulars of the plant and arrangements for—

(a) the control of any well operations, including those—

(i) to control pressure in a well;

(ii) to prevent the uncontrolled release of hazardous substances; and

(iii) to minimise the effects of damage to subsea equipment by drilling equipment;

(b) process safety;

(d) the prevention of fire and explosion; and

(e) the protection of the environment from a major accident.

14

A description of any pipeline with the potential to cause a major accident, including—

(a) the fluid which it conveys;

(b) its dimensions and layout;

(d) any apparatus and works intended to secure safety,

together with a summary of the document prepared under regulation 23 of the Pipelines Safety Regulations 1996.

15

A description of how the operator has ensured, or will ensure, compliance with regulation 4(1) of the PFEER Regulations.

16

Particulars of information obtained pursuant to the PFEER Regulations and the Management Regulations, so far as—

(a) relevant to the prevention of a major accident, and

(b) not otherwise required to be provided pursuant to this Schedule.

17

In respect of operations to be conducted from the installation, any information relating to the prevention of major accidents resulting in significant or serious damage to the environment relevant to other requirements under the relevant statutory provisions, obtained pursuant to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment .

18

A description of the plant used and arrangements made for protecting persons on the installation from hazardous substances, including toxic gas, at all times.

19

A description of the measures taken or to be taken or the arrangements made or to be made for the protection of persons on the installation from hazards, including explosion, fire, heat, smoke, toxic gas or fumes in particular during any period while they may need to remain on the installation following an incident which is beyond immediate control and for enabling such persons to be evacuated or rescued from the installation where necessary, including provision for—

(a) temporary refuge;

(b) routes from locations where persons may be present to temporary refuge and for egress therefrom to points from where the installation may be evacuated;

(d) facilities within temporary refuge for the monitoring and control of the incident and for organising evacuation.

20

Arrangements for the maintenance of control systems to prevent damage to the installation and the environment in the event that all personnel are evacuated.

21

The description of the internal emergency response arrangements.

22

The assessment produced pursuant to paragraph 2(j) of Schedule 2 to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 .

23

Particulars of any combined operations which may involve the installation, including—

(a) a summary of the arrangements in place for co-ordinating the management systems of all duty holders involved in any such combined operation;

(b) a summary of the arrangements in place for a joint review of the safety aspects of any such combined operation by all duty holders involved, which must include the identification of hazards with the potential to cause a major accident and the assessment of risks which may arise during any such combined operation;

(d) the likely impact any such combined operation may have on the installations involved.

24

Any other relevant details.

SCHEDULE 7 — PARTICULARS TO BE INCLUDED IN A SAFETY CASE FOR A NON-PRODUCTION INSTALLATION

1

The name and address of the owner of the installation.

2

The maximum number of persons—

(a) expected to be on the installation at any time;

(b) that may, in normal operating conditions and within design constraints, be on the installation at any time; and

3

A copy of the owner's corporate major accident prevention policy, where the operator is required to have one.

4

5

An adequate description of the owner's safety and environmental management system, including information from it that is relevant to the non-production installation.

6

A description of the verification scheme which complies with regulation 13(1).

7

A description of the main requirements in the specification for the design of the installation and its plant, which must include—

(a) any limits for safe operation or use specified therein;

(b) a description of how the owner has ensured, or will ensure, compliance with regulation 4 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996;

(c) a description of how the owner has ensured, or will ensure, the suitability of the safety and environmental-critical elements; and

(d) any relevant codes, standards and guidance used in the construction and commissioning of the installation.

8

Particulars of—

(a) the limits of the environmental and meteorological conditions beyond which the installation cannot safely be stationed or operated;

(b) the properties of the seabed and subsoil which are necessary for the safe stationing and operation of the installation; and

9

A description of the arrangements for—

(a) identifying the risks from seabed and marine hazards, including the routes and locations of pipelines, moorings of adjacent installations, wells and other subsea equipment; and

(b) assessing the risks that they pose to the installation.

10

A description, with suitable diagrams, of the installation, including a description of—

(a) the main and secondary structure of the installation and its materials;

(b) its plant;

(d) in the case of a mobile installation, its means of transfer between locations and its stationing system.

11

Particulars of the types of operation, and activities in connection with an operation, which the installation is capable of performing.

12

Particulars of the plant and arrangements for the control of—

(a) any well operations, including those—

(i) to control pressure in a well;

(ii) to prevent the uncontrolled release of hazardous substances; and

(iii) to minimise the effects of damage to subsea equipment by drilling equipment;

(b) process safety;

(d) the prevention of fire and explosion; and

(e) the protection of the environment from a major accident.

13

A description of how the duty holder has ensured, or will ensure, compliance with regulation 4(1) of the PFEER Regulations.

14

15

A description of the plant used and arrangements made for protecting persons on the installation from hazardous substances including toxic gas at all times.

16

(a) temporary refuge;

(b) routes from locations where persons may be present to temporary refuge and for egress therefrom to points from where the installation may be evacuated;

(d) facilities within temporary refuge for the monitoring and control of the incident and for organising evacuation.

17

The description of the internal emergency response arrangements.

18

The assessment produced pursuant to paragraph 2(j) of Schedule 2 to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998.

19

Particulars of any combined operations which may involve the installation, including—

(a) a summary of the arrangements in place for co-ordinating the management systems of all duty holders involved in any such combined operation;

(b) a summary of the arrangements in place for a joint review of the safety aspects of any such combined operation by all duty holders involved, which must include the identification of hazards with the potential to cause a major accident and the assessment of risks which may arise during any such combined operation;

(d) the likely impact any such combined operation may have on the installations involved.

20

Any other relevant details.

SCHEDULE 8 — PARTICULARS TO BE INCLUDED IN A CURRENT SAFETY CASE IN RESPECT OF THE DISMANTLING OF A FIXED INSTALLATION

1

The name and address of the operator of the installation.

2

The maximum number of persons expected to be on the installation at any time during its dismantling.

3

A summary of any worker involvement in the revised safety case, including how any safety representatives for that installation were consulted with regard to the revision of the safety case pursuant to regulation 23(2)(c)(i) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989.

4

The dates on which dismantling is expected to commence and finish.

5

A description of how the proposed arrangements, methods and procedures for dismantling the installation and connected pipelines take adequate account of the design and method of construction of the installation and its plant.

6

In the case of the dismantling of a fixed production installation—

(a) information on the means of isolating all hazardous substances and, in the case of any well connected to the installation, the permanent sealing of the well from the installation and the environment;

(b) a description of the risks of a major accident associated with the decommissioning of the installation to workers and the environment, the total exposed population, and the risk control measures;

(c) information on the emergency response arrangements to secure safe evacuation and rescue of personnel and to maintain control systems for preventing a major accident to the environment.

7

A description of how the operator will comply with regulation 4(1) of the PFEER Regulations with regard to the dismantling of the installation.

8

A description of arrangements made for protecting persons on the installation from toxic gas at all times other than during any period while they may need to remain on the installation following an incident which is beyond immediate control.

9

Sufficient details to update the description of the internal emergency response arrangements—

(a) in the case of a production installation, under paragraph 21 of Schedule 6; or

(b) in the case of a non-production installation, paragraph 17 of Schedule 7.

SCHEDULE 9 — PARTICULARS TO BE INCLUDED IN A NOTIFICATION OF WELL OPERATIONS

1

The name and address of the well operator.

2

Where the well operation is to be carried out—

(a) from an installation, the name of the installation and the name and address of the duty holder for that installation; or

(b) by means of a vessel (not being an installation), the name of that vessel.

3

Particulars of the fluids to be used to control the pressure of the well.

4

Particulars of any plant, not described in the current safety case for the installation, which is to be used in connection with the well operation.

5

Particulars of the type of well, its number, and slot number, association with installations, and the name of any field development of which it may be part.

6

A description of the well operation and a programme of works which includes—

(a) the date on which the well operation is expected to commence and finish;

(b) the intended operational state of the well at the end of the well operation, including whether it is intended to be permanently or temporarily abandoned and whether production equipment is to be placed into the well for future use;

(d) directional control of the well path; and

(e) limitations on safe operations in keeping with the risk management.

7

A description of—

(a) any activities on or in connection with an installation or a vessel (not being an installation) during the well operation described pursuant to paragraph 6 which may involve any hazards with the potential to cause a major accident; and

(b) such hazards.

8

In the case of a well which is to be drilled—

(a) particulars, with suitable diagrams, of—

(i) the location of the top of the well;

(ii) the directional path of the well-bore;

(iii) its terminal depth and location; and

(iv) its position, and that of nearby wells, relative to each other;

(b) particulars of the geological strata and formations, and of fluids within them, through which it will pass, and of any hazards with the potential to cause a major accident which they may contain;

(c) the procedures for effectively monitoring the direction of the well-bore, and for minimising the likelihood and effects of intersecting nearby wells; and

(d) a description of the design of the well, including the limits on its safe operation and use.

9

In the case of an existing well—

(a) a diagram of the well;

(b) a summary of earlier operations in relation to it;

(d) its current operational state;

(e) its state of repair;

(f) the physical conditions within it; and

(g) its production capacity.

10

Where a well operation is to be carried out from a non-production installation or a vessel (not being an installation)—

(a) particulars of—

(i) the meteorological and oceanographic conditions to which that installation or, as the case may be, vessel may foreseeably be subjected;

(ii) the depth of water; and

(iii) the properties of the seabed and subsoil at the location at which the well operation will be carried out; and

(b) a description of how the well operator and—

(i) the owner of the installation; or

(ii) the operator and owner of the vessel,

involved in the well operation will co-ordinate their management systems so as to reduce the risks from a major accident to comply with the relevant statutory provisions.

11

The report made under regulation 11(2)(b) in relation to the well operation, addressing in particular the matters in paragraph 6(c) to (e), together with a description of the actions of the well operator in response to the report.

12

A risk assessment incorporating a description of—

(a) the particular hazards associated with the well operation including any environmental, meteorological and seabed limitations on safe operations;

(b) the subsurface hazards;

(d) suitable control measures.

13

Where a well is to be constructed, modified or maintained by means of a non-production installation, additional information as follows—

(a) a description of any environmental, meteorological and seabed limitations on safe operations, and arrangements for identifying risks from seabed and marine hazards such as pipelines and the moorings of adjacent installations;

(b) a description of environmental conditions that have been taken into account within the internal emergency response arrangements for the installation;

(c) the description of the internal emergency response arrangements and a description of arrangements for responding in cases of major environmental incidents that are not described in the safety case; and

(d) a description of how the management systems of the well operator and the owner are to be coordinated to ensure effective control of major hazards at all times.

14

Particulars of information obtained pursuant to the PFEER Regulations and the Management Regulations, so far as—

(a) relevant to the prevention of a major accident, and

(b) not otherwise required to be provided pursuant to this Schedule.

15

In respect of a well operation to be conducted, particulars of information relevant to the relevant statutory provisions obtained pursuant to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment .

16

An adequate description of the well operator's safety and environmental management system (unless such a description has already been submitted by the well operator under another provision of these Regulations).

SCHEDULE 10 — PARTICULARS TO BE INCLUDED IN A NOTIFICATION OF COMBINED OPERATIONS

1

The name and address of the duty holder submitting the notification.

2

The name and address of each duty holder preparing the notification and a confirmation that every such duty holder has agreed to the contents of the notification.

3

A description of the combined operation and a programme of work, which must include the dates on which the combined operation is expected to commence and finish.

4

Particulars of any plant to be used in connection with the combined operation but which is not described in the current safety case for any of the installations involved in the combined operation.

5

A summary of the joint review referred to in paragraph 23(b) of Schedule 6 or paragraph 19(b) of Schedule 7, which must include—

(a) a description of any activities during the combined operation which may involve hazards with the potential to cause a major accident on or in connection with an installation; and

(b) a description of any risk control measures introduced as a result of that review.

6

A description, by reference to a bridging document authorised by all parties to the document, of how the management systems for the installations involved in the combined operation will be co-ordinated so as to reduce the risks from a major accident to comply with the relevant statutory provisions.

SCHEDULE 11 — MATTERS TO BE CONSIDERED IN PREPARING AND REVISING STANDARDS AND GUIDANCE ON BEST PRACTICE IN RELATION TO THE CONTROL OF MAJOR HAZARDS

1

Effective risk management.

2

Management and supervision of major hazard operations.

3

Competency of key post holders.

4

Reliable decision making.

5

Effectively integrating safety and environmental management systems between operators and owners and other entities involved in oil and gas operations.

6

Key performance indicators.

7

Improving well integrity, well control equipment and barriers and monitoring their effectiveness.

8

Improving primary containment.

9

Improving secondary containment that restricts escalation of an incipient major accident, including well blow-outs.

10

Reliability assessment for safety and environmental-critical systems.

SCHEDULE 12 — APPEALS

PART 1 — General

1

In this Schedule—

“appeal” means an appeal under regulation 37;

“appellant” means a person who has brought an appeal;

“appointed person” means a person appointed in accordance with paragraph 2;

“hearing” means a hearing to which Part 2 of this Schedule applies; and

“the parties” means the appellant and the competent authority.

2

The Secretary of State must direct that an appeal be determined by a person whom the Secretary of State appoints for the purpose and the Secretary of State must notify the parties in writing of the name of the appointed person.

3

Before the determination of an appeal, the appointed person must ask the parties whether they wish to appear and be heard on the appeal and—

(a) the appeal may be determined without a hearing of the parties if both of them express a wish not to be heard; or

(b) the appointed person must, if either party expresses a wish to appear and be heard, afford both of them an opportunity of so doing, in which case the provisions of Part 2 of this Schedule apply.

4

An appointed person may give such directions as the appointed person considers are appropriate to give effect to the determination.

5

The Secretary of State may pay to an appointed person such remuneration and allowances as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

PART 2 — Hearing

6

(1) Subject to the following sub-paragraphs of this paragraph, a date, time and place for the holding of the hearing must be fixed by the appointed person, who must give not less than 28 days' notice in writing of such date, time and place to the parties.

(2) With the consent of the parties, the appointed person may give such lesser period of notice as is agreed with the parties and in that event the appointed person may specify a date for service of the statement referred to in paragraph 7(1) later than the date determined in accordance with that paragraph.

(3) Where it becomes necessary or advisable to vary the date, time or place fixed for the hearing, the appointed person must give such notice of the variation as may appear to the appointed person to be reasonable in the circumstances.

7

(1) Not later than 21 days before the date of the hearing, or such later date as the appointed person may specify in accordance with paragraph 6(2), the competent authority must serve on the appellant a written statement of any submission which the competent authority proposes to put forward at the hearing and supply a copy of the statement to the appointed person.

(2) Where the competent authority intends to refer to or put in evidence documents (including photographs and plans) at the hearing—

(a) the statement of the competent authority must be accompanied by a list of those documents together with a written notice stating the times and place at which the documents may be inspected by the appellant; and

(b) the competent authority must afford the appellant a reasonable opportunity to inspect and, where practicable, to take copies of those documents.

(3) If so required by the appointed person, the appellant must—

(a) serve on the competent authority and on the appointed person, within such time before the hearing as the appointed person may specify, a written statement of the submissions which the appellant proposes to put forward at the hearing accompanied by a list of any documents (including photographs and plans) which the appellant intends to refer to or put in evidence at the hearing; and

(b) afford the competent authority a reasonable opportunity to inspect and, where practicable, to take copies of those documents.

8

(1) The parties are entitled to appear at the hearing.

(2) Any other person may appear at the discretion of the appointed person provided that the person has, not later than seven days before the date of the hearing, served on the competent authority a statement of the person's proposed submissions.

(3) The competent authority must send a copy of every statement served on it in accordance with subparagraph (2) to the appointed person and to the appellant.

(4) A body corporate may appear by its clerk or secretary or by any other officer appointed for the purpose by that body, or by counsel or a solicitor.

(5) A person may appear in person or be represented by counsel, a solicitor or any other person.

(6) Where there are two or more persons having a similar interest in the subject matter of the hearing, the appointed person may allow one or more persons to appear for the benefit of some or all persons so interested.

9

(1) All hearings must be held in private.

(2) Except as otherwise provided in this Part, the procedure of the hearing is to be such as the appointed person determines and the appointed person must state at the commencement of the hearing the procedure which, subject to consideration of any submission by the parties, it is proposed to adopt.

(3) Unless in a particular case the appointed person, with the consent of the appellant, otherwise determines, the appellant must be heard first and must have the right of final reply.

(4) The parties must be entitled to make an opening statement, call evidence and cross-examine persons giving evidence but any other person appearing at the hearing may only do so to the extent permitted by the appointed person.

(5) Subject to sub-paragraph (6), any evidence may be admitted at the discretion of the appointed person, who may direct that documents tendered in evidence may be inspected by any person entitled or permitted to appear at the hearing and that facilities be afforded to take or obtain copies of those documents.

(6) The appointed person may not require or permit the giving or production of any evidence, whether written or oral, which would be contrary to the public interest.

(7) The appointed person may allow the parties to alter or add to the submissions contained in any statement served under paragraph 7(1) or (3), or to any list of documents which accompanied such statement, so far as may be necessary for the purpose of determining the questions in controversy between them, but must (if necessary, by adjourning the hearing) give the other party an adequate opportunity of considering any such fresh submission or document.

(8) If any person entitled to appear at the hearing fails to appear, the appointed person may proceed with the hearing.

(9) The appointed person is entitled to take into account any written representations or statements received by the appointed person before the hearing from any person, subject to disclosure of such representations or statements at the hearing.

(10) The appointed person may from time to time adjourn the hearing, and where this occurs, must give reasonable notice to every person entitled or permitted to appear at the hearing of the date, time and place of the adjourned hearing.

10

(1) Where, after the hearing, the appointed person proposes to take into consideration—

(a) any new evidence, including expert opinion on a matter of fact; or

(b) any new issue of fact, not being a matter of government policy or a matter affecting the safety of the State,

which was not raised at the hearing and which the appointed person considers to be material to a decision, the appointed person must not come to a decision without first notifying the parties of the substance of the new evidence or of the new issue of fact and affording them an opportunity of making representations on the new evidence or new issue of fact in writing within 21 days or of asking within that time for the re-opening of the hearing.

(2) If the appointed person thinks fit, the appointed person may cause the hearing to be re-opened and must cause it to be re-opened if asked to do so in accordance with sub-paragraph (1).

(3) Where a hearing is re-opened, paragraph 6(1) applies as it applied to the original hearing.

11

The appointed person must notify the decision on the appeal, and the reasons for the decision, in writing to the parties and to any person who, having appeared at the hearing, has asked to be notified of the decision.

SCHEDULE 13 — AMENDMENTS AND REVOCATIONS

PART 1 — Amendments

Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989

1

The Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 are amended as follows.

2

In regulation 2 (interpretation)—

(a) after the definition of “the 2005 Regulations” insert—

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

(b) at the end of the definition of “current safety case” insert “ or regulation 2(1) of the 2015 Regulations; ”.

3

In regulation 18A(1)(a) (safety representative entitlement to summary of current safety case), after “the 2005 Regulations” insert “ or the 2015 Regulations ”.

4

In regulation 23(2)(c)(i) (duties of installation operators and owners, and employers) for “the Offshore Installations (Safety Case) Regulations 1992” substitute “ the 2005 Regulations or the 2015 Regulations ”.

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

5

The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 are amended as follows.

6

In regulation 2 (interpretation)—

(a) omit the definition of “the 1989 Order”;

(b) after the definition of “the 1995 Regulations” insert—

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

(i) for “section 33(3) of the Petroleum and Submarine Pipe-lines Act 1975” substitute “ section 27(1) of the Petroleum Act 1998 ”; and

(ii) for “the said section 33(3)” substitute “ that section ”;

(d) in the definition of “pipeline” for “article 5 of the 1989 Order” substitute “ article 6 of the 2013 Order ”; and

(e) in the definition of “pipeline works”—

(i) for “(d)” substitute “ (e) ”; and

(ii) for “article 5 of the 1989 Order” substitute “ article 6 of the 2013 Order ”.

7

In regulation 3(b) (application of Regulations) for “articles 4 and 5 of the 1989 Order” substitute “ articles 4 and 6 of the 2013 Order ”.

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

8

The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 are amended as follows.

9

In regulation 2(1) (interpretation)—

(a) omit the definition of “the 1995 Order”;

(b) before the definition of “apparatus or works” insert—

“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;

(d) after the definition of “duty holder” insert—

“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;

(e) after the definition of “installation manager” insert—

“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;

(f) for the definition of “licensee” substitute—

“licensee”— 1. in relation to internal waters, means any person to whom a licence to search and bore for and get petroleum in respect of any area within internal waters is granted pursuant to section 2 of the Petroleum (Production) Act 1934 or section 3 of the Petroleum Act 1998; and 2. in relation to external waters, means an offshore licensee as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;

(g) for the definition of “operator” substitute—

“operator”— 1. in relation to internal waters— 1. in relation to the dismantling of a fixed installation (within the meaning given in the 2005 Regulations), has the meaning given in regulation 11(4) of the 2005 Regulations; and 2. otherwise, has the meaning given in regulation 2(1) of the 2005 Regulations in relation to a production installation; 2. in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;

(h) in the definition of “owner”, after “controls” insert “ or is entitled to control ”;

(i) in the definitions of “pipeline” and “pipeline works” for “2001” substitute “ 2013 ”;

(j) for the definition of “production installation” substitute—

“production installation”— 1. in relation to internal waters, has the meaning given in regulation 2(1) of the 2005 Regulations; and 2. in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;

(k) for the definition of “relevant waters” substitute—

“relevant waters” means internal waters and external waters;

10

(1) Regulation 3 (meaning of “offshore installation”) is amended as follows.

(2) In paragraph (1)—

(a) after sub-paragraph (c) (but before the “or” immediately following it) insert—

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

(b) in sub-paragraph (d) for “mainly” substitute “ primarily ”.

(3) For paragraph (2)(d) substitute—

(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;

11

(1) Regulation 4 (application) is amended as follows.

(2) At the start of paragraph (1) insert “ Except for regulations 21F and 21G (which provide for their own application), ”.

(3) In paragraph (1)(b)—

(a) for “and (2)(b)” substitute “ and (2) ”; and

(b) for “1995” substitute “ 2013 ”.

(4) After paragraph (3) insert—

(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.

12

In regulation 5(1) (notification concerning offshore installations) for “no later than” substitute “ before ”.

13

In regulation 20(1) (certificates of exemption) after “workers at work” insert “ , 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/EC ”.

14

After regulation 21 insert—

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