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

(21A) (1) Where any person— (a) dies on an offshore installation or is lost from such an installation; or (b) dies in or on a lifeboat, liferaft or other emergency survival craft belonging to an offshore installation or is lost from any of those places; or (c) otherwise dies or is lost in the neighbourhood of an offshore installation while engaged in any operation connected with the installation, and the death or loss is not required to be registered under any regulations made under section 108 of the Merchant Shipping Act 1995 (which relates to returns of births and deaths in ships), a return of death in the form set out in Schedule 3 must be made in accordance with regulation 21B. (2) In this regulation and regulations 21B and 21C ‘lost’ means lost in circumstances such that it is reasonable to believe that the person has died and ‘loss’ is to be construed accordingly. (21B) (1) Where an obligation to make a return of death arises under regulation 21A, the manager of the relevant offshore installation must— (a) complete and sign Part 1 of a form of return of death (see Schedule 3); and (b) despatch the form to the duty holder as soon as is practicable and in any event within ten days of becoming aware of the death or loss to which the return relates. (2) Where a duty holder receives a form of return of death from a manager, the duty holder must within ten days of receipt complete Part 2 of the form and send the form duly signed (whether by or on behalf of the duty holder) to the Registrar General of Shipping and Seamen . (3) Without prejudice to the preceding provisions of this regulation or to regulation 21E, a return of death which is not made within the periods specified in this regulation for making it is not invalid by reason only that it is not made within those periods. (21C) When a person dies or is lost in circumstances in which an obligation to make a return of death arises under regulation 21A, the duty holder of the relevant installation must as soon as is practicable and in any event within 48 hours of first becoming aware of the death or loss— (a) if the duty holder was the employer of the dead or lost person, notify any person known to the duty holder to be, or nominated to the duty holder as, the next-of-kin of the dead or lost person; or (b) if the duty holder was not the employer of the dead or lost person, notify any person known to the duty holder to have been the employer of the dead or lost person at the time of death or loss. (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. (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. (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. (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— 1. 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; or 2. where 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— 1. 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; or 2. where 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. (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.

15

After Schedule 2 insert—

SCHEDULE 3

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

16

The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 are amended as follows.

17

In regulation 2(1) (interpretation)—

• (a) in the definition of the “2001 Order” replace the words “2001” with “ 2013 ” in both places in which they occur;

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

• “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005;
• “the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015;

• (c) after the definition of “acoustic signal” insert—

“competent authority” means the Executive and the Secretary of State acting jointly;

• (d) after the definition of “explosion” insert—

• “external emergency response plan” means the Search and Rescue Framework for the United Kingdom of Great Britain and Northern Ireland as published by the Secretary of State, as revised or re-issued from time to time;
• “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” 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 “major accident” substitute—

“major accident”— 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;

• (h) for the definition of “operator” substitute—

“operator”— 1. in relation to internal waters— 1. in relation to the dismantling of a fixed installation (as a fixed installation is defined 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; and 2. in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;

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

• (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;

18

• (1) Regulation 3 (application) is amended as follows.

• (2) In paragraph (1)(a), before “in Great Britain” insert “ apart from regulations 22A to 22C, ”.

• (3) In paragraph (1)(b)—

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

• (b) for “2001” substitute “ 2013 ”.

• (4) In paragraph (2) after “4 to 22” insert “ and 22A to 22C ”.

19

In regulation 4(2) (general duty) after “regulations 6 to 21” insert “ and 22A to 22C ”.

20

For regulation 5(3)(c) (assessment) substitute—

(c) notify— (i) in the case of an installation in internal waters, the Executive; (ii) in the case of an installation in external waters, the competent authority, of such address.

21

• (1) Regulation 6 (preparation for emergencies) is amended as follows.

• (2) In paragraph (1)—

• (i) at the end of sub-paragraph (d) insert “ and ”;

• (ii) after that sub-paragraph insert—

(e) in relation to external waters only, for coordinating the emergency response with the response planned pursuant to the external emergency response plan.

• (3) In paragraph (2)(a) after “emergency” insert “ , including how to co-ordinate with persons responding to an emergency who are not on the installation when the emergency begins ”.

22

In regulation 22(1) (certificates of exemption) after “workers at work” insert “ or by 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 ”.

23

After regulation 22 insert—

(22A) (1) This regulation applies only in relation to external waters. (2) The duty holder must prepare an inventory of available equipment, its ownership, location, transport to and mode of deployment at the installation and any person relevant to the performance of the duties in these Regulations (except the duties in regulations 5, 9, 10, 12, 13, 14, 18, 19 and 20). (3) The inventory prepared under paragraph (2) must identify measures in place to ensure equipment and procedures are maintained in operable condition. (4) The duty holder must ensure all equipment on the installation provided in compliance with paragraph (1) is made available at all times and made available as necessary to the Maritime and Coastguard Agency . (22B) (1) This regulation applies only in relation to external waters. (2) The duty holder must authorise one or more persons— (a) to initiate an emergency response; (b) to direct an emergency response; and (c) to liaise with the Maritime and Coastguard Agency. (22C) (1) This regulation applies only in relation to external waters. (2) The duty holder must make arrangements— (a) for providing early warning of a major accident to the Maritime and Coastguard Agency; and (b) for providing more detailed information about such an accident as soon as it becomes available, but nothing in this paragraph is to be taken as imposing a requirement which is imposed by regulation 4(3)(c) and paragraph 2(k) of Schedule 2 to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (arrangements for early warning of major environmental incidents).

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

24

The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 are amended as follows.

25

• (1) Regulation 2(1) (interpretation) is amended as follows.

• (2) In paragraph (1)—

• (a) omit the definition of “the 1995 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;
• “the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015;

• (c) after the definition of “the Executive” 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;

• (d) for the definition of “licensee” substitute—

“licensee”— 1. in relation to a well in Great Britain and any activity in relation to that well, means any person to whom a licence to search and bore for and get petroleum 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 a well in external waters and any activity in relation to that well, means an offshore licensee as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;

; and

• (e) in the definition of “safety case” after “the 2005 Regulations” insert “ or regulation 2(2) of the 2015 Regulations ”;

• (f) for the definition of “well operator” substitute—

“well operator”— 1. in relation to a well in Great Britain, means the person appointed by the licensee for the well to execute the function of organising and supervising all operations to be carried out by means of such well or, where no such person has been appointed, the licensee; and 2. in relation to a well in external waters, has the meaning given in regulation 2 of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;

• (3) In paragraph (4) omit—

• (a) the “and” immediately following sub-paragraph (a)(ii); and

• (b) sub-paragraph (b).

26

In regulation 3(1)(b) (application)—

• (a) before “to and in relation to installations” insert “ except for regulation 18, ” and

• (b) for “articles 4(1) and (2)(b) and 5 of the 1995 Order” substitute “ articles 4(1) and (2) and 5 of the 2013 Order ”.

27

In regulation 9 (reporting of danger to an installation)—

• (a) in paragraph (1) omit “within 10 days”; and

• (b) after paragraph (2) insert—

(3) The report must be made— (a) where the installation is in external waters, within 10 working days after the appearance of evidence of the significant threat; and (b) in any other case, within 10 days after the appearance of that evidence. (4) In paragraph (3) “working days” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain.

28

In regulation 12 (additional requirements)—

• (a) in paragraph (1) omit “Subject to paragraph (3),”; and

• (b) omit paragraph (3).

29

In regulation 13(2) (general duty) after “regulations 14 to 19 and 21,” insert “ and regulations 11 and 12 of the 2015 Regulations (examination of wells in external waters) ”.

30

In regulation 18 (arrangements for examination) omit paragraphs (5), (6) and (8).

31

In regulation 23(1) (certificates of exemption) after “safety and health of workers at work” insert “ or under 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 ”.

32

Omit regulation 24 (transitional provisions).

Offshore Installations (Safety Case) Regulations 2005

33

The Offshore Installations (Safety Case) Regulations 2005 are amended as follows.

34

• (1) Subject to paragraph (2), for “relevant waters” substitute “ internal waters ” in each place occurring.

• (2) Paragraph (1) does not apply to—

• (a) the definition of “relevant waters” in regulation 2(1);

• (b) Schedule 9.

• (3) Subject to paragraph (4), for “sea-bed” substitute “ bed of internal waters ” in each place occurring.

• (4) Paragraph (3) does not apply to Schedule 9.

35

• (1) Regulation 2 (interpretation) is amended as follows.

• (2) In paragraph (1)—

• (a) after the definition of “installation” 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;

• (b) in the definition of “licensee” after “pursuant to” insert “ section 2 of the Petroleum (Production) Act 1934 or ”;

• (c) in the definition of “relevant statutory provisions” after “them” insert “ , within internal waters ”;

• (d) omit the definition of “relevant waters”.

36

In regulation 4 (application) omit paragraph (1).

37

In regulation 6(2) (design and relocation notifications for production installation) after “new location” insert “ within internal waters ”.

38

In regulation 7(1) (safety case for production installation) in the opening words after “operated” insert “ within internal waters ”.

39

In regulation 14(3)(c) (revision of safety case) after “location” insert “ within internal waters ”.

40

In paragraph 10 of Schedule 1 (particulars to be included in a design notification etc.) after “location” insert “ within internal waters ”.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

41

• (1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 are amended as follows.

• (2) For regulation 15(3)(c) (restriction on parallel requirements) substitute—

(c) where the requirements have different time limits— (i) in any case where any of those requirements is a requirement to make a report in relation to a reportable incident falling within paragraph 1(3) of Part 1 of Schedule 1, the time limit in relation to that incident is complied with; (ii) in any other case, the shortest time limit is complied with; and

• (3) In paragraph 1 of Schedule 1 (reporting and recording procedures)—

• (a) in sub-paragraph (1)(b) after “incident”, in the second place in which it occurs, insert “ or, in the case of an incident falling within sub-paragraph (3), within 10 working days of the incident ”;

• (b) after sub-paragraph (2) insert—

(3) A reportable incident falls within this sub-paragraph if it relates to a dangerous occurrence of a class specified in— (a) paragraph 20 of Part 1 of Schedule 2 in relation to an offshore workplace; or (b) Part 6 of that Schedule. (4) For the purposes of— (a) sub-paragraph (1)(b), “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain; and (b) sub-paragraph (3), “offshore workplace” has the meaning given in regulation 2(1), but as if the words in parenthesis in that definition had no effect.

Health and Safety and Nuclear (Fees) Regulations 2015

42

• (1) The Health and Safety and Nuclear (Fees) Regulations 2015 are amended as follows.

• (2) In regulation 14 (fees payable in respect of offshore installations)—

• (a) in paragraph (2) after “2005 Regulations” insert “ or the 2015 Regulations ”.

• (b) in paragraph (3)—

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

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

• (ii) in the definition of “installation”, “current safety case”, “safety case” and “owner”—

• (aa) after “owner” insert “ , in a case concerning the 2005 Regulations ”; and

• (bb) after “those Regulations” omit “and” and insert “ or, in a case concerning the 2015 Regulations, have the same meanings as in the 2015 Regulations ”;

• (iii) for the definition of “operator” substitute—

“operator”— 1. in a case concerning the 2005 Regulations has the meaning— 1. in the case of the dismantling of a fixed installation under regulation 11 of those Regulations, given in regulation 11(4) of those Regulations; 2. in any other case, given in regulation 2(1) of those Regulations in relation to a production installation; 2. in a case concerning the 2015 Regulations, has the meaning given in those Regulations; and

• (iv) after the definition of “operator” insert—

“competent authority” has the meaning given in the 2015 Regulations.

• (3) In Schedule 10 (fees payable in respect of offshore installations) after the final entry in the Table insert—

Assessing a design notification (sent to the competent authority pursuant to regulation 15(1) or 19(1) of the 2015 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator or owner who sent the design notification to the competent authority pursuant to that provision
Assessing a relocation notification (sent to the competent authority pursuant to regulation 15(3) of the 2015 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator who sent the relocation notification to the competent authority pursuant to that provision
Assessing a safety case or a revision to a current safety case (sent to the competent pursuant to any provision of the 2015 Regulations) for the purpose of deciding whether to accept that safety case or revision and accepting any such safety case or revision	The operator or owner who sent the safety case or revision to the competent authority pursuant to that provision
Providing advice with respect to the preparation of a safety case or a revision to a current safety case which is proposed to be sent to the competent authority pursuant to any provision of the 2015 Regulations	The operator or owner who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 35 of the 2015 Regulations and granting any such exemption	The operator or owner who has requested the exemption

PART 2 — Revocations of Instruments

(1) Regulations revoked	(2) References	(3) Extent of revocation
The Offshore Installations (Logbooks and Registration of Death) Regulations 1972	S.I. 1972/1542	The whole Regulations
The Offshore Installations (Inspectors and Casualties) Regulations 1973	S.I. 1973/1842	The whole Regulations
The Submarine Pipe-lines (Inspectors etc.) Regulations 1977	S.I. 1977/835	The whole Regulations
The Submarine Pipe-lines Safety Regulations 1982	S.I. 1982/1513	The whole Regulations
The Offshore Installations (Safety Zones) Regulations 1987	S.I. 1987/1331	The whole Regulations
The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989	S.I. 1989/1671	In regulation 2, the definition of “the 1989 Order”; regulation 5(2)(b) and (c)
The Offshore Safety (Repeals and Modifications) Regulations 1993	S.I. 1993/1823	Regulation 4(6); regulation 5(2); in the Schedule, all entries except those relating to the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 and the Offshore Installations and Pipeline Works (First Aid) Regulations 1989
The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995	S.I. 1995/738	In regulation 2, the definition of “the 1995 Order”; Part 2 of Schedule 2, paragraphs 1, 2, 3, 4 and 12
The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995	S.I. 1995/743	In regulation 6(1)(c) the word “and”
The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996	S.I. 1996/913	In regulation 2(1) the definition of “the 1995 Order”; in regulation 2(4)(a)(ii) the word “and”; regulation 2(4)(b); regulation 12(3); regulation 18(5), (6) and (8); regulation 24
The Offshore Safety (Miscellaneous Amendments) Regulations 2002	S.I. 2002/2175	Regulation 3(a)(i)
The Offshore Installations (Safety Case) Regulations 2005	S.I. 2005/3117	In regulation 2 the definition of “relevant waters”; regulation 4(1); Schedule 9, paragraph (2)(a)(iv) and (vii), paragraph 3(a)(i), (vi), (ix); paragraph 5(a)(i)(ff); regulation 27
The Health and Safety and Nuclear (Fees) Regulations 2015	S.I. 2015/363	In regulation 14, in the definition of “installation”, “current safety case”, “safety case” and “owner”, after the words “those regulations” the word “and”

SCHEDULE 14 — TRANSITIONAL PROVISIONS AND SAVINGS

PART 1 — Interpretation

Interpretation

1

• (1) In this Schedule—

• “the 2005 regime” means—the legislation modified by Schedule 13 to these Regulations; andthe 1974 Act as it applied in relation to the legislation mentioned in paragraph (a),to the extent that that Act and that legislation had effect in relation to external waters immediately before the commencement date;

• “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005 as they had effect immediately before the commencement date;

• “the commencement date” means 19th July 2015;

• “corresponding provision” means any provision of these Regulations—as it has effect on or after the commencement date; andso far as it corresponds (with or without modification) to a provision of the 2005 Regulations in relation to external waters;

• “current safety case,” unless the context otherwise provides, has the meaning given in the 2005 Regulations;

• “the date of thorough review” means the date immediately before the fifth anniversary of—the date on which the Executive first accepted the current safety case pursuant to the 2005 Regulations; orwhere there has been at least one review of that safety case under regulation 13 of the 2005 Regulations immediately before the commencement date, the date—of that review, orif there has been more than one review, the last of those reviews;

• “design notification”, unless the context otherwise provides, has the meaning given in the 2005 Regulations;

• “duty holder”, except in paragraph 8, has the meaning given in the 2005 Regulations;

• “field development programme” means a field development programme within the meaning given in the 2005 Regulations;

• “existing non-production installation” means a non-production installation for which there was a current safety case immediately before 18 July 2013;

• “existing production installation” means a production installation for which there was a current safety case immediately before 18 July 2013;

• “operator”, has the meaning given in the 2005 Regulations;

• “owner” has the meaning given in the 2005 Regulations;

• “transitional period” means, in relation to an owner, operator or well-operator (as the case may be) the period for which the 2005 regime continues to apply in relation to that person.

• (2) For the purposes of this Schedule—

• (a) “notification” means a notification under a provision of the 2005 Regulations specified in the first column of the Table below; and

• (b) a notification is completed if the event specified in the second column of the Table corresponding to the entry for that notification in the first column of the Table has occurred.

Notification under the 2005 Regulations	Event on which notification is completed
Regulation 6(1) (design)	Submission of the field development programme
Regulation 6(2) (relocation of a production installation)	Submission of the field development programme
Regulation 9 (conversion of non-production installation to operate as a production installation)	Completion of the design
Regulation 10 (combined operation)	Engagement in the combined operation
Regulation 17(1) (general well operation)	Commencement of well operation
Regulation 17(2) (specific well operation)	Commencement of well operation

PART 2 — Continued application of the 2005 regime in relation to external waters during the transitional period

General saving of the 2005 regime

2

Despite the coming into force of these Regulations, the 2005 regime continues to apply in relation to external waters during the transitional period as provided for in this Part of this Schedule.

Continued application of the 2005 regime to existing and proposed non-production installations

3

The 2005 regime continues to apply in relation to the owner of a non-production installation, in respect of that installation, for the period which starts on the commencement date and ends—

• (a) where the installation is an existing non-production installation—

• (i) immediately before 19th July 2016; or

• (ii) if earlier, on the date of thorough review provided that that date falls on or after the commencement date;

• (b) where the installation is not an existing non-production installation and is established on or after the commencement date but before 19th July 2016, immediately before 19th July 2016.

Continued application of the 2005 regime to existing and proposed production installations

4

The 2005 regime continues to apply in relation to the operator of a production installation, in respect of that installation, for the period which starts on the commencement date and ends—

• (a) where the production installation is an existing production installation—

• (i) immediately before 19th July 2018; or

• (ii) if earlier, on the date of thorough review provided that that date falls on or after the commencement date;

• (b) where the production installation is not an existing production installation and is established on or after the commencement date but before 19th July 2016, immediately before 19th July 2016.

Continued application of the 2005 regime to well operations

5

• (1) The 2005 regime continues to apply to the submission of a well notification by a well operator in respect of, or execution by such an operator of a well operation from—

• (a) a non-production installation to which paragraph 3 applies, for the period that it applies to the owner of that installation in accordance with that paragraph;

• (b) from a production installation to which paragraph 4 applies, for the period that it applies to the operator of that installation in accordance with that paragraph; and

• (c) a vessel that is not an installation, for the period which starts on the commencement date and ends immediately before 19th July 2016.

• (2) Despite sub-paragraph (1)(b) the 2005 regime ceases to apply to—

• (a) the submission of a well notification in respect of a production installation; or

• (b) the execution of a well operation from such an installation,

on 19th July 2016.

• (3) Nothing in sub-paragraph (2) affects the application of paragraph 4 to the operator of the relevant production installation.

Design notification for production installations to be established during transitional period

6

Where a production installation is to be established on or after the commencement date but before 19th July 2016, the 2005 regime applies to the preparation and sending to the Executive of the design notification for that installation.

Design notification: election to prepare notification under these Regulations

7

• (1) Despite paragraph 6, the operator of a production installation which is to be established on or after the commencement date but before 19th July 2016 may elect to prepare and send a design notification to the competent authority under these Regulations.

• (2) Where an operator elects to prepare and send a design notification under these Regulations, the 2005 regime ceases to apply to that operator in relation to that installation on the date on which that notification is sent to the competent authority.

Election to prepare a safety case under these Regulations

8

• (1) Subject to sub-paragraph (2), nothing in paragraph 3(b), 4(b) or 5(1) prevents a duty holder who would otherwise be or continue to be subject to the 2005 regime as a consequence of any of those provisions from preparing and sending a safety case to the competent authority under these Regulations.

• (2) Sub-paragraph (1) does not apply if there is a current safety case for the installation.

• (3) Where a duty holder elects in accordance with sub-paragraph (1) to prepare and send a safety case to the competent authority under these Regulations—

• (a) the 2005 regime ceases to apply to that operator in relation to that installation on the date on which the operator sends the safety case to the competent authority; and

• (b) these Regulations apply to that operator in relation to that installation on and after that date.

Treatment of current safety cases for installations continuing under the 2005 regime

9

• (1) Sub-paragraph (2) applies to the duty holder of an installation, in respect of that installation, where—

• (a) paragraph 3 or 4 continues to apply to the duty holder in respect of that installation;

• (b) there is a period of no more than four months, or such longer period as the competent authority may specify, remaining until the end of the transitional period;

• (c) there is a current safety case; and

• (d) there is an intention, after the transitional period ends—

• (i) in the case of a non-production installation, to operate it in external waters or move it in external waters with a view to its being operated there; or

• (ii) in the case of a production installation, to operate it in external waters.

• (2) Where this sub-paragraph applies the duty holder may make revisions to the current safety case—

• (a) containing particulars, not required pursuant to the 2005 Regulations, but specified in—

• (i) regulation 16 of and Schedule 7 to these Regulations, in the case of a non-production installation; or

• (ii) in regulation 16 of and Schedule 6 to these Regulations in relation to a production installation; and

• (b) which are otherwise appropriate in consequence of any revision made under paragraph (a).

• (3) Revisions made under sub-paragraph (2) which make a material change to the current safety case are not effective unless—

• (a) the duty holder sends a version of the current safety case which incorporates the proposed revisions, showing clearly where they are to be made, to the competent authority at least three months, or such shorter period as the competent authority may specify, before the revisions are to be made; and

• (b) the competent authority accepts the revisions.

10

Where revisions to current safety case under paragraph 9(2) may take effect without the acceptance of the competent authority or are accepted by the competent authority, the current safety case together with those revisions has effect—

• (a) as a current safety case until the end of the relevant transitional period; and

• (b) subject to paragraph 11, on and after the end of that transitional period for the purposes of these Regulations as a current safety case within the meaning of regulation 2(1).

11

Where paragraph 10(b) applies to a safety case, paragraph (1)(a) of regulation 23 has effect as if the reference in that paragraph to the date on which the current safety case was first accepted by the competent authority were a reference to the date on which the Executive first accepted that safety case under the 2005 Regulations.

PART 3 — Transition from the 2005 regime

Improvement notices issued before the end of the transitional period

12

• (1) An improvement notice to which this paragraph applies has effect on and after the relevant date as an improvement notice issued in respect of a contravention of a corresponding provision of these Regulations.

• (2) This paragraph applies to an improvement notice if—

• (a) it was in force or effective immediately before the relevant date; and

• (b) it was served on an owner, operator or well operator by an inspector under the 2005 regime.

• (3) In this paragraph “relevant date” means the date on which the transitional period ends.

Prohibition notices issued before the end of the transitional period

13

• (1) Where—

• (a) a prohibition notice—

• (i) is served on an owner, operator or well operator by an inspector as regards activities to which the 2005 regime applied or would have applied;

• (ii) is in force or effective immediately before the relevant date; and

• (b) the activities mentioned in paragraph (i) are activities to which a corresponding provision of these Regulations applies, or will, if carried on, apply on and after the relevant date,

that notice continues to have effect on and after the relevant date as if served as regards activities to which these Regulations apply or will apply.

• (2) In this paragraph “relevant date” means the date on which the transitional period ends.

Design etc. notifications

14

A notification under the 2005 regime which is completed immediately before the date on which the transitional period ends has effect on and after that date as a notification made under the corresponding provision of these Regulations.

15

Where a notification under the 2005 regime is not completed before the date on which the transitional period ends (“the relevant date”), but particulars of it have been notified before the relevant date in accordance with the 2005 regime—

• (a) the particulars notified have effect on and after the relevant date as particulars notified pursuant to the corresponding provision of these Regulations;

• (b) the absence from particulars falling within paragraph (a) of any particulars required pursuant to a corresponding provision of these Regulations but not required pursuant to the 2005 regime is to take effect as a material change in those particulars on the relevant date.

Signed

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

Freud — Parliamentary Under Secretary of State, — 2015-03-19

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes