Trade Union and Labour Relations (Consolidation) Act 1992

Offshore employment U.K.

287 Offshore employment. U.K.

(1) In this Act offshore employment means employment for the purposes of activities—

(a) in the territorial waters of the United Kingdom, or

(b) connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or

(c) connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.

(2) Her Majesty may by Order in Council provide that—

(a) the provisions of this Act, and

(b) any Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Act,

apply, to such extent and for such purposes as may be specified in the Order and with or without modification, to or in relation to a person in offshore employment or, in relation to sections 137 to 143 (access to employment), a person seeking such employment.

(3) An Order in Council under this section—

(a) may make different provision for different cases;

(b) may provide that the enactments to which this section applies, as applied, apply—

(i) to individuals whether or not they are British subjects, and

(ii) to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom,

and apply notwithstanding that the application may affect the activities of such an individual or body outside the United Kingdom;

(c) may make provision for conferring jurisdiction on any court or class of court specified in the Order, or on [F1 employment tribunals], in respect of offences, causes of action or other matters arising in connection with offshore employment;

(d) may provide that the enactments to which this section applies apply in relation to a person in offshore employment in a part of the areas referred to in subsection (1)(a) and (b);

(e) may exclude from the operation of section 3 of the M1 Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments to which this section applies in connection with offshore employment;

(f) may provide that such proceedings shall not be brought without such consent as may be required by the Order;

(g) may modify or exclude any of sections 281 to 285 (excluded classes of employment) or any corresponding provision of Northern Ireland legislation.

[F2 (3A) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(4) Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section, by that or any other court or tribunal.

(5) In this section—

• cross-boundary petroleum field means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector;

• foreign sector of the continental shelf means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom;

• petroleum field means a geological structure identified as an oil or gas field by the Order in Council concerned; and

• United Kingdom sector of the continental shelf means the areas designated under section 1(7) of the M2 Continental Shelf Act 1964.

Textual Amendments

F1 Words in s. 287(3)(c) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2 S. 287(3) inserted (25.10.1999) by 1999 c. 26, s. 32(2); S.I. 1999/2830, art. 2(1)(2) Sch. 1 Pt. I (with Sch. 3 para. 7)

Marginal Citations

M1 1878 c. 73.

M2 1964 c. 29.