The Offshore Chemicals Regulations 2002

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InterpretationU.K.

2.—[F1(1)] In these Regulations—

F2...
“business day” means any day, except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 M1;
“consultation parties” means, having regard to the part of the relevant area to which any permit would relate—
(a)
the Centre for Environment, Fisheries and Aquaculture Science;
(b)
the Fisheries Research Services,
together with any Contracting State which the Secretary of State considers may be affected by the use or discharge of any offshore chemical to which an application under these Regulations relates;
“Contracting State” means a State which the Secretary of State considers to be a contracting party to the Convention;
“Convention” means the Convention for the Protection of the Marine Environment of the North-East Atlantic 1992 M2;
[F3“discharge”, in relation to an offshore chemical, means any intentional emission of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;]
[F4“enforcement notice” means a notice served under regulation 16A(1) or (1A);]
F2...
“the Gazettes” means the London, Edinburgh and Belfast Gazettes;
[F5“installation” includes any floating structure or device maintained on a station by whatever means;]
“notice” means notice in writing;
[F6“offshore activities” means—
(a)
offshore petroleum activities; or
(b)
offshore storage or unloading activities;]
“offshore chemical” means any chemical, whether comprising a substance or a preparation, F7... used [F8, or intended to be used,] in connection with offshore activities;
[F9“offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, offshore petroleum activities or offshore storage and unloading activities;]
[F10“offshore petroleum activities”—
(a)
means any activities in respect of which the Secretary of State [F11or the Oil and Gas Authority] exercises functions under the Petroleum Act 1998, being activities carried out in the relevant area; but
(b)
does not include activities (“decommissioning activities”) carried out in connection with the abandonment of an offshore installation that, at the time of that abandonment, had last been used for the purposes of or in connection with offshore storage or unloading activities, unless those decommissioning activities are carried out in the reserved area;]
[F10“offshore storage or unloading activities” means any activities in respect of which the Secretary of State exercises functions under Part 1 of the Energy Act 2008, being activities carried out in the reserved area;]
“operator” means any person who operates an offshore installation;
“permit” means an authorisation granted by the Secretary of State pursuant to these Regulations to use or discharge any offshore chemical in the relevant area;
“permit application” means an application for a permit, being an application which satisfies the requirements of regulation 6(1) and “permit applicant” shall be construed accordingly;
[F12“permit holder” means the holder from time to time of a permit;]
F13...
“pollution” means the introduction by man, directly or indirectly, of substances or energy into the relevant area which results, or is likely to result, in hazards to human health, harm to living resources and marine ecosystems, damage to amenities or interference with other legitimate uses of the sea;
“preparation” means a mixture or solution composed of two or more substances;
“prescribed date” means the date after the day on which the period of three months commencing on the day on which these Regulations come into force expires, save that when a permit application is made before that date it means—
(a)
the date on which the permit is granted, whether in pursuance of the application or, on an appeal under regulation 17, of an order of the court; or
(b)
where a permit is refused and the permit applicant appeals under regulation 17, the date on which the court upholds that refusal; or
(c)
the date after the day on which the period provided for under regulation 17(6) expires,
as the case may be;
[F14“prohibition notice” means a notice served under regulation 16B(1);]
[F14“release”, in relation to an offshore chemical, means the emission (other than by way of discharge) of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;]
“relevant area” means that area (together with places above and below it) comprising—
(a)
those parts of the sea adjacent to England F15... from the low water mark to the landward baseline of the United Kingdom territorial sea;
(b)
the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters [F16and Welsh controlled waters]; and
(c)
those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 M3;
F17...
[F18“reserved area” means the area (together with the places above and below it) comprising—
(a)
those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;
(b)
so much of the United Kingdom territorial sea as is adjacent to England or Northern Ireland; and
(c)
those areas of sea in a Gas Importation and Storage Zone (within the meaning of section 1(5) of the Energy Act 2008);]
“Scottish controlled waters” means any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974 M4;
“substance” means a chemical element or compound, in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product or any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;
“substantial change” means a change in the type, quantity, frequency or location of the use or discharge of an offshore chemical which may have significant negative effects on people or the environment;
[F19“use”, in relation to an offshore chemical, means any intentional application of the chemical in the carrying out of offshore activities under normal operating conditions;]
[F19“Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991.]

[F20(2) In these Regulations, in relation to an offshore storage or unloading activity—

(a)any reference to the use, discharge or release of an offshore chemical is to be read as a reference to its use in, or discharge or release into, the reserved area;

(b)any reference to pollution is to be read as a reference to pollution introduced into the reserved area.]

Textual Amendments

F1Reg. 2 renumbered as reg. 2(1) (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 6(2)

F2Words in reg. 2 omitted (20.8.2005) by virtue of The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055), reg. 1, Sch. 2 para. 1

F3Words in reg. 2 substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 4(a)

F4Words in reg. 2 inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 4(b)

F5Words in reg. 2 inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 4(c)

F6Words in reg. 2 substituted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 6(1)(a)

F7Word in reg. 2 omitted (30.3.2011) by virtue of The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 4(d)

F8Words in reg. 2 inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 4(d)

F9Words in reg. 2 substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 4(e)

F10Words in reg. 2 inserted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 6(1)(c)