The Offshore, and Pipelines, Safety (Northern Ireland) Order 1992

Application of Part II of 1978 Order for offshore purposes N.I.

3.—(1) The general purposes of Part II of the 1978 Order 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 paragraph (3) were existing statutory provisions within the meaning of that Part and, in the case of the provisions mentioned in sub-paragraphs (a), (b) and (c) of that paragraph, were specified in the third column of Schedule 1 to that Order.

(2) Without prejudice to the generality of paragraph (1) of Article 17 of the 1978 Order (health and safety regulations), regulations under that Article may—

(a) repeal or modify any of the provisions mentioned in paragraph (3); and

(b) make any provision which, but for any such repeal or modification, could be made by regulations or orders made under any provision mentioned in sub-paragraph (a), (b) or (c) of that paragraph.

(3) The provisions referred to in paragraphs (1) and (2) are—

(a) the Mineral Workings (Offshore Installations) Act 1971F1 ;

[F2 (b) sections 20 and 25 of the Petroleum Act 1998;]

(c) in the Petroleum Act 1987F3 ,F2 . . . sections 21 to 24 (safety zones); and

(d) the provisions of any regulations or orders made or having effect under any enactment mentioned in sub-paragraphs (a) to (c).

(4) In this Article—

“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;

[F2 “pipe‐line” means, subject to paragraph (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.]

[F2 (4A) Subsection (4A) and (4B) of section 1 of the Offshore Safety Act 1992 apply in relation to the definition of “pipe‐line” in paragraph (4) as they apply in relation to the definition “pipe‐line” in subsection (4) of that section but as if the reference in subsection (4A) to that section were a reference to this Article.]

(5) The provisions mentioned in paragraph (3) and the definitions in paragraph (4) shall have effect as if in—

(a) section 1(4) of the Mineral Workings (Offshore Installations) Act 1971;

Para. (b) rep. by 1998 c.17

(c) sectionF2 . . . 21(7) of the Petroleum Act 1987[F2 ; or]

[F2 (d) section 14(2) or 45 of the Petroleum Act 1998,]

any reference—

(i) 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 Northern Ireland, or to the territorial sea adjacent to Northern Ireland;

(ii) to waters in any area designated under section 1(7) of the Continental Shelf Act 1964F4 were omitted; and

(iii) to the sea in any designated area within the meaning of that Act were omitted.

F1 1971 c.61

F2 1998 c.17

F3 1987 c.12

F4 1964 c.29