The Submarine Pipe-lines (Inspectors etc.) Regulations 1977

Powers of inspectors

3.—(1) For the purpose of assisting the Secretary of State in the execution of Part III of the Act an inspector may, subject to Regulations 8 below, at any time do all or any of the following things, that is to say:—

(a) inspect any pipe-line;

(b) enter upon any premises, vessel or installation used or intended to be used in connection with any pipe-line or with any activities relating to a pipe-line or proposed pipe-line;

(c) inspect and test, or cause to be tested, any equipment so used or intended to be used;

(d) where he is of the opinion that any activities relating to a pipe-line or a proposed pipe-line as a carried on or about to be carried on involve or, as the case may be, will involve a risk of an occurrence of a kind specified in Schedule 1 to these Regulations or there has been such an occurrence—

(i) (if he is an inspector appointed under section 27(1) of the Act but subject to paragraph (2) below) require any person engaged, or about, to be engaged, in the carrying on of the activities to do or refrain from doing anything in connection with the activities with a view to minimising the risk of that occurrence or, as the case may be, its consequences;

(ii) cause to be dismantled or subjected to any test (including a test to destruction) any part of a pipe-line or any equipment which may cause or, as the case may be, have caused that occurrence;

(iii) take possession of any such part of a pipe-line or any such equipment;

(e) take such measurements and photographs and make such recordings as he considers necessary for the purposes of any inspection or test under sub-paragraphs (a), (c) or (d)(ii) above;

(f) require the production of, inspect, and take copies of, or of any entry in, any book or other document required to be kept under Part III of the Act or any other book or document relating to the construction or use of a pipe-line or to pipe-line works;

(g) require the owner of a pipe-line or the proposed owner of a proposed pipe-line to convey any inspector and any equipment required by him for testing and anything of which he has taken possession under sub-paragraph (d)(iii) above to and from any vessel or installation used or intended to be used in connection with the pipe-line or with pipe-line works relating to the pipe-line or proposed pipe-line and to provide that inspector with reasonable accommodation and means of subsistence while on, or in transit to or from, such a vessel or installation;

(h) require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this paragraph.

(2) An inspector shall not exercise the power conferred by paragraph (1)(d)(i) above so as to require the shutting down of a pipe-line, or the discontinuance of the conveyance of anything through it, except in a case where the inspector is of the opinion that there is a risk of an accident causing the death or loss of, or serious bodily injury to, any person, or such an accident has occurred, or where the inspector is of the opinion that the escape of anything from the pipe-line has occurred or is imminent.

(3) Where an inspector proposes to exercise either of the powers conferred by paragraph (1)(c) and (d)(iii) above on any premises, vessel or installation, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to those premises or that vessel or installation, as the case may be, do, or cause to be done anything which is to be done by virtue of the power in the presence of that person.

(4) A requirement under paragraph (1)(d)(i) above shall cease to have effect on the expiration of a period of 3 days beginning with the date on which it was made unless the Secretary of State by notice given to the person on whom it was imposed extends its operation either in its original or a modified form for additional periods.

(5) Before exercising any of the powers conferred by paragraph (1)(c) and (d)(i) and (ii) above, an inspector shall, except in a case of urgency, consult such persons as appear to him appropriate for the purposes of ascertaining what may be the consequence of doing anything he proposes to do under the power.