1 Application of Part I of 1974 Act for offshore purposes.E+W+S
(1)The general purposes of Part I of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) shall include—
(a)securing the safety, health and welfare of persons on offshore installations or engaged on pipe-line works;
(b)securing the safety of such installations and preventing accidents on or near them;
(c)securing the proper construction and safe operation of pipe-lines and preventing damage to them; and
(d)securing the safe dismantling, removal and disposal of offshore installations and pipe-lines;
and that Part shall have effect as if the provisions mentioned in subsection (3) below were existing statutory provisions within the meaning of that Part and, in the case of the enactments there mentioned, were specified in the third column of Schedule 1 to that Act.
(2)Without prejudice to the generality of subsection (1) of section 15 of the 1974 Act (health and safety regulations), regulations under that section may—
(a)repeal or modify any of the provisions mentioned in subsection (3) below; and
(b)make any provision which, but for any such repeal or modification, could be made by regulations or orders made under any enactment there mentioned.
(3)The provisions referred to in subsections (1) and (2) above are—
(a)the Mineral Workings (Offshore Installations) Act 1971;
[(b)sections 20 and 25 of the Petroleum Act 1998;]
(c)in the Petroleum Act 1987, . . . sections 21 to 24 (safety zones); and
(d)the provisions of any regulations or orders made or having effect under any enactment mentioned in the foregoing paragraphs.
(4)In this section—
“offshore installation” means any installation which is an offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971, or is to be taken to be an installation for the purposes of sections 21 to 23 of the Petroleum Act 1987;
[“pipe-line” means, subject to subsection (4A), a controlled pipeline within the meaning of Part III of the Petroleum Act 1998; and
“pipe-line works” means works of any of the following kinds, namely—
(a)
assembling or placing a pipe-line or length of pipe-line;
(b)
inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipe-line or length of pipe-line;
(c)
changing the position of or dismantling or removing a pipe-line or length of pipe-line;
(d)
opening the bed of the sea for the purposes of works mentioned in paragraphs (a) to (c), tunnelling or boring for those purposes and other works needed for or incidental to those purposes;
(e)
works for the purpose of determining whether a place is suitable as part of the site of a proposed pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line.]
[(4A)In this section “pipe-line” does not include—
(a)any pipe-line so far as it forms part of the equipment of a vessel or vehicle; or
(b)any apparatus and works associated with a pipe or system of pipes and prescribed for the purpose of this paragraph by regulations made by the Secretary of State.
(4B)A statutory instrument containing regulations made by virtue of subsection (4A) shall be subject to annulment in pursuance of a resolution of either House of Parliament; and section 25 of the Petroleum Act 1998 shall apply in relation to any such regulations as it applies in relation to regulations under section 20 of that Act.]
(5)The provisions mentioned in subsection (3) above and the definitions in subsection (4) above shall have effect as if any reference in—
(a)section 1(4) of the Mineral Workings (Offshore Installations) Act 1971;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)section . . . 21(7) of the Petroleum Act 1987 [; or
(d)section 14(2) or 45 of the Petroleum Act 1998,]
to tidal waters and parts of the sea in or adjacent to the United Kingdom, or to the territorial sea adjacent to the United Kingdom, were a reference to tidal waters and parts of the sea in or adjacent to Great Britain, or to the territorial sea adjacent to Great Britain.
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations