Energy Act 2004 (c. 20)

Part 2 U.K. Sustainability and Renewable Energy Sources

Chapter 2 U.K. Offshore production of energy

Safety zones for installations U.K.

95 Safety zones around renewable energy installations U.K.

(1) This section applies where—

(a) there is a proposal to construct a renewable energy installation in waters subject to regulation under this section, or to extend or to decommission a renewable energy installation situated in such waters;

(b) there is a proposal to operate a renewable energy installation on completion of its construction in such waters, or of any extension of it in such waters; or

(c) a renewable energy installation is being constructed, extended, operated or decommissioned in such waters.

[F1 (1A) In this section and section 96 the “appropriate Minister” [F2 means—

(a) the Scottish Ministers], in relation to a renewable energy installation—

[F3 (i)] which is to be or is wholly in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, and is not being or proposed to be extended outside those areas,

[F3 (ii)] to which [F4 sub-paragraph (i)] has ceased to apply because of an extension or proposed extension, if subsection (1B) applies, or

[F3 (iii)] to the extent that it is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, if [F5 sub-paragraph (i)] has ceased to apply because of an extension or proposed extension, and subsection (1B) does not apply,

[F6 (b) the Welsh Ministers, in relation to a renewable energy installation which has, or will have, a capacity of 350 megawatts or less and—

(i) which is to be or is in an area of Welsh waters, and is not being proposed to be extended outside those areas,

(ii) to which sub-paragraph (i) has ceased to apply because of an extension or proposed extension, if subsection (1D) applies, or

(iii) to the extent that it is to be or is in an area of Welsh waters, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1D) does not apply,]

and otherwise means the Secretary of State (subject to section 13 of the Marine and Coastal Access Act 2009, which transfers certain functions of the Secretary of State to the Marine Management Organisation).

(b) the Welsh Ministers, in relation to a renewable energy installation which has, or will have, a capacity of 350 megawatts or less and—

(i) which is to be or is in an area of Welsh waters, and is not being proposed to be extended outside those areas,

(ii) to which sub-paragraph (i) has ceased to apply because of an extension or proposed extension, if subsection (1D) applies, or

(iii) to the extent that it is to be or is in an area of Welsh waters, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1D) does not apply,

(1B) This subsection applies if there is an agreement in force between the Secretary of State and the Scottish Ministers providing for the Scottish Ministers to be the appropriate Minister in relation to the whole of the installation.

(1C) Where subsection (1B) applies, the Scottish Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.]

[F7 (1D) This subsection applies if there is an agreement in force between the Secretary of State and the Welsh Ministers providing for the Welsh Ministers to be the appropriate Minister in relation to the whole of the installation.

(1E) Where subsection (1D) applies, the Welsh Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.]

(2) If the [F8 appropriate Minister] considers it appropriate to do so for the purpose of securing the safety of—

(a) the renewable energy installation or its construction, extension or decommissioning,

(b) other installations in the vicinity of the installation or the place where it is to be constructed or extended,

(c) individuals in or on the installation or other installations in that vicinity, or

(d) vessels in that vicinity or individuals on such vessels,

he may issue a notice declaring that such areas as are specified or described in the notice are to be safety zones for the purposes of this Chapter.

(3) The power of the [F8 appropriate Minister] to issue a notice under this section shall be exercisable by him either—

(a) on an application made to him for the purpose by any person; or

(b) where no such application is made, on his own initiative.

(4) Before issuing a notice under this section which relates, wholly or partly, to—

(a) an area of Scottish waters, or

(b) an area of waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

[F9 (4A) Before issuing a notice under this section which relates, wholly or partly, to an area outside the areas mentioned in subsection (4), the Scottish Ministers must consult the Secretary of State.]

[F10 (4B) Before issuing a notice under this section which relates, wholly or partly, to Welsh waters, the Secretary of State must consult the Welsh Ministers.

(4C) Before issuing a notice under this section which relates, wholly or partly, to an area outside Welsh waters, the Welsh Ministers must consult the Secretary of State.]

(5) An area may be declared to be a safety zone only if it is an area of waters around or adjacent to a place where a renewable energy installation is to be, or is being, constructed, extended, operated or decommissioned; but a safety zone may extend to waters outside the waters subject to regulation under this section.

(6) A notice under this section—

(a) must identify the renewable energy installation, or proposed renewable energy installation, by reference to which it is issued;

(b) must specify the date on which it is to come into force, or the means by which that date is to be determined;

(c) may contain provision by virtue of which the area of a safety zone varies from time to time by reference to factors specified in, or determinations made in accordance with, the provisions of the notice;

(d) may contain provision imposing prohibitions on the carrying on in a safety zone of activities specified in, or determined in accordance with, the provisions of the notice, or for the imposition of such prohibitions;

(e) may contain provision granting permission for vessels to enter or remain in a safety zone or for persons to carry on prohibited activities, or for the grant of such permissions;

(f) may confer discretions, with respect to the making of determinations for the purposes of such a notice, on such persons as may be specified or described in the notice;

(g) may modify or revoke a previous notice; and

(h) may make different provision in relation to different cases.

(7) Where a notice is issued under this section or a determination is made for the purposes of such a notice, the [F8 appropriate Minister] must either—

(a) himself publish the notice or determination in such manner as he considers appropriate for bringing it, as soon as is reasonably practicable, to the attention of persons likely to be affected by it; or

(b) secure that it is published in that manner—

(i) by the applicant for the notice; or

(ii) in the case of a determination made by a person other than the [F8 appropriate Minister], by the applicant for the notice or by the person who made the determination.

(8) References in this section to a determination for the purposes of a notice include references to a determination made for those purposes in accordance with the notice, or with regulations under section 96—

(a) to impose a prohibition;

(b) to grant a permission; or

(c) to impose conditions in relation to a permission.

(9) Schedule 16 (which makes provision about the procedure for the declaration of safety zones) has effect.

(10) The waters subject to regulation under this section are—

(a) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and

(b) waters within a Renewable Energy Zone.

Textual Amendments

F1 S. 95(1A)-(1C) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(3), 72(4)(e); S.I. 2017/300, reg. 3

F2 Words in s. 95(1A) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(2)(a), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F3 S. 95(1A)(a)-(c) renumbered as s. 95(1A)(a)(i)-(iii) (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(2)(b), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F4 Words in s. 95(1A)(a)(ii) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(2)(c), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F5 Words in s. 95(1A)(a)(iii) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(2)(c), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F6 S. 95(1A)(b) inserted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(2)(d), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F7 S. 95(1D)(1E) inserted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(3), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F8 Words in s. 95(2)(3)(7) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(4), 72(4)(e); S.I. 2017/300, reg. 3

F9 S. 95(4A) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(5), 72(4)(e); S.I. 2017/300, reg. 3

F10 S. 95(4B)(4C) inserted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(4), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

Modifications etc. (not altering text)

C1 S. 95: transfer of functions in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 13(2)(5), 324(3); S.I. 2010/298, art. 2, Sch. para. 5 (with art. 4(2))

C2 Ss. 95-98 applied (E.W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 43(3)(4) (with arts. 15, 50, Sch. 11 para. 29)

Commencement Information

I1 S. 95 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2

96 Prohibited activities in safety zones U.K.

(1) A vessel is not to enter or remain in a safety zone except where permission for it to do so is granted—

(a) by or in accordance with provision contained in a notice under section 95; or

(b) by or in accordance with provision contained in regulations made by the [F11 appropriate Minister].

(2) A person must not carry on an activity wholly or partly in a safety zone if his doing so is prohibited by or in accordance with provision contained in a notice under section 95.

(3) Subsection (2) does not apply to the extent that carrying on the activity is permitted—

(a) by or in accordance with provision contained in such a notice; or

(b) by or in accordance with provision contained in regulations made by the [F12 appropriate Minister].

(4) The provision that may be made with respect to permissions for the purposes of this section includes—

(a) provision for the permissions to apply in relation only to such times and such periods as may be specified or described in that provision; and

(b) provision for the permissions to apply only to such vessels, such persons and such purposes as may be specified or described in that provision.

(5) The provision that may be made with respect to a permission for the purposes of this section includes provision imposing conditions in relation to a permission.

(6) The conditions may include—

(a) conditions imposing obligations in relation to a vessel, or individuals on it, that must be satisfied while the vessel is in the safety zone; and

(b) conditions imposing obligations as to the manner in which any activity to which the permission relates is to be carried on.

(7) Regulations under this section may confer discretions, with respect to the granting or imposition in accordance with the regulations of permissions or conditions, on such persons as may be specified or described in the regulations.

(8) Regulations under this section[F13 —

(a) if made by the Secretary of State] [F14 or the Welsh Ministers], are subject to the negative resolution procedure[F15 ;

(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).]

Textual Amendments

F11 Words in s. 96(1)(b) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(7), 72(4)(e); S.I. 2017/300, reg. 3

F12 Words in s. 96(3)(b) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(7), 72(4)(e); S.I. 2017/300, reg. 3

F13 S. 96(8)(a) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(8)(a), 72(4)(e); S.I. 2017/300, reg. 3

F14 Words in s. 96(8)(a) inserted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(5), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F15 Words in s. 96(8) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(8)(b), 72(4)(e); S.I. 2017/300, reg. 3

Modifications etc. (not altering text)

C2 Ss. 95-98 applied (E.W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 43(3)(4) (with arts. 15, 50, Sch. 11 para. 29)

Commencement Information

I2 S. 96 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2

97 Offences relating to safety zones U.K.

(1) Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence.

(2) Where—

(a) a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and

(b) there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel,

the vessel’s owner and her master are each guilty of an offence.

(3) A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence.

(4) Where—

(a) a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and

(b) there is a contravention of a condition of that permission in relation to the carrying on of that activity,

that person is guilty of an offence.

(5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(6) In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone—

(a) was not known to the master of the vessel in question at the time of the offence; and

(b) would not have become known to the master had he made reasonable inquiries before that time.

(7) In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone—

(a) was not known to him at the time of the offence; and

(b) would not have become known to him had he made reasonable inquiries before that time.

(8) It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.

Modifications etc. (not altering text)

C2 Ss. 95-98 applied (E.W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 43(3)(4) (with arts. 15, 50, Sch. 11 para. 29)

Commencement Information

I3 S. 97 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2

98 Supplementary provisions relating to offences under s. 97 U.K.

(1) Where the commission of an offence under section 97 is due—

(a) in the case of an offence under subsection (1) or (2) of that section, to an act or omission of a person other than the owner or master of the vessel in question, or

(b) in the case of an offence under subsection (3) or (4) of that section, to an act or omission of a person other than the person carrying on the activity in question,

that person is also guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.

(2) Where an offence under section 97 is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.

(3) Where an offence under section 97—

(a) is committed by a Scottish firm, and

(b) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,

he (as well as the firm) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.

(4) Where an offence under section 97 is committed outside of the United Kingdom, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(5) Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecution of offences committed on the open sea by persons who are not British citizens) does not apply to proceedings for an offence under section 97.

(6) In this section “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Modifications etc. (not altering text)

C2 Ss. 95-98 applied (E.W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 43(3)(4) (with arts. 15, 50, Sch. 11 para. 29)

Commencement Information

I4 S. 98 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2