Mineral Workings (Offshore Installations) Act 1971

12 Interpretation. E+W+S

(1) In this Act, unless the context otherwise requires—

• [F1 “the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995;]

• [F2 “controlled waters” means—

  (a)

  tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters; and

  (b)

  any area designated by order under section 1(7) of the Continental Shelf Act 1964;]

  • F3 . . .

  • F4 . . .

• [F2 “installation manager” has the meaning given by regulation 2(1) of the 1995 Regulations;]

  • “offence under this Act,” includes an offence under regulations made under this Act,

• [F2 “offshore installation” has the same meaning as in regulation 3 of the 1995 Regulations;]

• [F2 “owner”, in relation to an offshore installation, means the person who is, in relation to the installation, the duty holder as defined by regulation 2(1) of the 1995 Regulations in relation to that installation;]

  • “prescribed” means prescribed by regulations under this Act,

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) It is hereby declared that, notwithstanding that this Act may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom.

(5) Any reference in this Act to a contravention of a provision of this Act or of regulations made under this Act includes a reference to a failure to comply with such a provision.

(6) Any reference in this Act to any enactment or Act of Parliament includes a reference to an enactment or Act of the Parliament of Northern Ireland.

(7) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 S. 12(1): Definition of “the 1995 Regulations”inserted (E.W.S.) (20.6.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt. II para. 1

F2 S. 12(1): Definitions of “controlled waters”, “installation manager”, “offshore installation”and “owner”substituted (E.W.S.) (20.6.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt. II paras. 2-5

F3 S. 12(1): Definition of “designated area”repealed (E.W.S.) (20.6.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt. I

F4 S. 12(1): Definition of “foreign sector of the continental shelf”repealed (E.W.S.) (20.6.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt. I

F5 Definitions repealed by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 37, Sch. 3 para. 11(1)(d), Sch. 4

F6 S. 12(2)(3) repealed (E.W.S.) (20.6.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt. 1

12 Interpretation. N.I.

(1) In this Act, unless the context otherwise requires—

• [F7 “controlled waters”has the meaning given by section 1(4) of this Act,]

• “designated area” has the same meaning as in the M1 Continental Shelf Act 1964,

• [F8 “foreign sector of the continental shelf”has the meaning given by section 1(4) of this Act,]

• “installation manager” has the meaning given by section 4(8) of this Act,

• “offence under this Act,” includes an offence under regulations made under this Act,

• [F9 “offshore installation”has the meaning given by section 1(4) of this Act,]

• “owner”, in relation to an offshore installation, means the person who has registered the installation pursuant to regulations under section 2 of this Act or, if there is no such person, the person for the time being having the management of the installation, or of its main structure,

• “prescribed” means prescribed by regulations under this Act,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

[F11 (2) A person who has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored, shall be a concession owner for the purposes of this Act in relation to any offshore installation at any time if, at that time, there is carried on from, by means of or on the installation any of the following activities, namely—

(a) the exploitation or exploration of mineral resources, or the storage or recovery of gas, in the exercise of that right;

(b) the conveyance in that area by means of a pipe or system of pipes, of minerals gotten, or gas being stored or recovered, in the exercise of that right; and

(c) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within paragraph (a) or (b) above or this paragraph.

(3) The fact that an installation has been maintained for the carrying on of an activity falling within subsection (2) above shall be disregarded for the purposes of paragraph (c) of that subsection if, since it was so maintained, the installation—

(a) has been outside controlled waters or, where it was so maintained in a part of a foreign sector of the continental shelf adjacent to those waters, the area consisting of those waters and that part; or

(b) has been maintained for the carrying on of an activity not falling within that subsection.”]

(4) It is hereby declared that, notwithstanding that this Act may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom.

(5) Any reference in this Act to a contravention of a provision of this Act or of regulations made under this Act includes a reference to a failure to comply with such a provision.

(6) Any reference in this Act to any enactment or Act of Parliament includes a reference to an enactment or Act of the Parliament of Northern Ireland.

(7) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Extent Information

E2 This version of this provision extends to Northern Ireland; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F7 Definition substituted by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 37, Sch. 3 para. 11(1)(a)

F8 Definition inserted by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 37, Sch. 3 para. 11(1)(b)

F9 Definition substituted by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 37, Sch. 3 para. 11(1)(c

F10 Definitions repealed by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 37, Sch. 3 para. 11(1)(d), Sch. 4

F11 S. 12(2)(3) substituted by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 37, Sch. 3 para. 11(2)

Marginal Citations

M1 1964 c. 29.