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(1)Subject to subsections (3) and (4), there shall be a safety zone around every installation which, or part of which, is in waters to which subsection (7) applies if—
(a)it is stationed there so that any of the activities mentioned in subsection (2) may be carried out on, from or by means of it, or
(b)it is being assembled at a station where it is to be used for such a purpose, or
(c)it remains or is being dismantled at a station where it has been used for such a purpose.
(2)The activities referred to in subsection (1) are—
(a)the exploitation or exploration of mineral resources in or under the shore or bed of waters to which subsection (7) applies;
[F1(aa)the exploration of any place in, under or over such waters with a view to the storage of gas in such a place;]
[F1(ab)the conversion of any place in, under or over such waters for the purpose of storing gas;]
(b)the storage of gas [F2in, under or over] such waters or the recovery of gas so stored;
[F3(ba)the unloading of gas at any place in, under or over such waters;]
(c)the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of such waters;
(d)the provision of accommodation for persons who work on or from an installation satisfying the condition in [F4any of paragraphs (a) to (c)] of subsection (1).
(3)Subsection (1) shall not apply to an installation in respect of which an order under section 22 has effect, or to one which—
(a)is connected with dry land by a permanent structure providing access at all times and for all purposes, or
(b)does not project above the sea at any state of the tide.
(4)The Secretary of State may by order exclude any installation or any description of installation from the operation of subsection (1), and may do so generally or by reference to specified activities or locations or in any other way.
(5)A safety zone established by subsection (1) shall extend to every point within 500 metres of any part of the installation (ignoring any moorings) and to every point in the water which is vertically above or below such a point.
(6)A safety zone established by subsection (1) may extend to waters outside waters to which subsection (7) applies.
(7)The waters to which this subsection applies are—
(a)tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of the territorial sea, and
(b)waters in an area designated under section 1(7) of the Continental Shelf Act 1964.
[F5(8) In this section “ gas ” means gas within the meaning of section 2(4) of the Energy Act 2008. ]
Textual Amendments
F1S. 21(2)(aa)(ab) inserted (13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 4(2)(a); S.I. 2009/2809, art. 2 (with art. 4)
F2Words in s. 21(2)(b) substituted (13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 4(2)(b); S.I. 2009/2809, art. 2 (with art. 4)
F3S. 21(2)(ba) inserted (13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 4(2)(c); S.I. 2009/2809, art. 2 (with art. 4)
F4Words in s. 21(2)(d) substituted (13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 4(2)(d); S.I. 2009/2809, art. 2 (with art. 4)
F5S. 21(8) inserted (13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 4(3); S.I. 2009/2809, art. 2 (with art. 4)
Modifications etc. (not altering text)
C1Ss. 21-24: power to repeal or modify conferred (E.W.S.) (6. 3. 1992) by Offshore Safety Act 1992 (c. 15), s.1 (amending Health and Safety at Work etc. Act 1974 (c. 37), s. 15).
C2Ss. 21-24 modified (E.W.S.) (6. 3. 1992) by Offshore Safety Act 1992 (c. 15), s. 1(5).
C3Ss. 21-24: power to repeal or modify conferred (N.I.) (15. 9. 1992) by S.I. 1992/1728 (N.I. 17), arts. 1(2), 3(2)(a).
Ss. 21-24 modified (N.I.) (15. 9. 1992) by S.I. 1992/1728 (N.I. 17), arts. 1(2), 3(5).
Ss. 21- 23 applied (19.3.1997) by 1997 c. 28 s. 13, Sch. 2, para. 4(6)(b)
C4S. 21 applied (6.4.2009) by Energy Act 2008 (c. 32), ss. 32, 110(2); S.I. 2009/45, art. 4(a)(ii)
C5S. 21(7) modified (E.W.S.) (6. 3. 1992) by Offshore Safety Act 1992 (c. 15), s. 1(5)(c).
S. 21(7) modified (N.I.) (15.9.1992) by S.I. 1992/1728 (N.I. 17), arts. 1(2), 3(5)
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