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Version Superseded: 31/12/2020
Point in time view as at 19/07/2015.
There are currently no known outstanding effects for the The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996, PART V.
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22.—(1) In any proceedings for an offence for a contravention of any of the provisions of regulations 5 and 6 it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove—
(a)that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person"); and
(b)that he took all reasonable precautions, and exercised all due diligence, to avoid the commission of the offence.
(2) The person charged shall not, without the leave of the court, be entitled to rely on the defence in paragraph (1) unless, within a period ending seven clear days—
(a)before the hearing to determine mode of trial, where the proceedings are in England or Wales; or
(b)before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
(3) For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the 1974 Act, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
23.—(1) Subject to paragraph (2) and to any of the provisions imposed by [F1the European Union] in respect of the encouragement of improvements in the safety and health of workers at work [F2or under Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC], the Executive may, by a certificate in writing, exempt any person, installation, well or class of persons, installations or wells from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to—
(a)the conditions, if any, which it proposes to attach to the exemption; and
(b)any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Textual Amendments
F1Words in reg. 23 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 4
F2Words in reg. 23(1) inserted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 31 (with reg. 4(2), Sch. 14)
F324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Reg. 24 omitted (19.7.2015) by virtue of The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 32, Sch. 13 Pt. 2 (with reg. 4(2), Sch. 14)
25. Section 3 of the Mineral Workings (Offshore Installations) Act 1971 M1 is hereby repealed.
F426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Reg. 26 omitted (6.4.2006) by virtue of The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 5(b) (with reg. 27)
27. The instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in column 3 of the Schedule.
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