43.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where —N.I.
(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil based fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom, and
(b)the activities are required to ensure continued safe operation of the facility,
where they have travelled to the United Kingdom in the course of their work.
(2) For the purposes of sub-paragraph (1)—
(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil,
(b)“specified activities” are—
(i)storing oil,
(ii)handling oil,
(iii)the carriage of oil by sea or inland water,
(iv)conveying oil by pipes,
(v)refining or otherwise processing oil.