The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015

Amendment of regulation 2

4.—(1) Regulation 2(interpretation) of the 1998 Regulations is amended as follows.

(2) Before the definition of “GT” insert—

““the 2013 Directive” means Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC(1);

“combined operation” has the meaning given in Article 2(25) of the 2013 Directive;

“connected infrastructure” means—

(a)

any well or supplementary unit connected to an offshore installation; and

(b)

within an offshore installation’s safety zone—

(i)

any associated structure or device which is connected to the installation;

(ii)

any apparatus or works on, or affixed to, the main structure of the installation; and

(iii)

any pipeline apparatus or works attached to the installation;”.

(3) After the definition of “GT” insert—

““major environmental incident arising from a major accident” means a major environmental incident (which has the meaning given in Article 2(37) of the 2013 Directive) which is caused by—

(a)

an event involving a fire, explosion, loss of well control or the release of a dangerous substance causing, or with a significant potential to cause, death or serious personal injury to persons on an offshore installation or engaged in an activity on or in connection with it;

(b)

an event involving major damage to the structure of the offshore installation or plant affixed to it or any loss in the stability of the offshore installation;

(c)

the collision of a helicopter with the offshore installation;

(d)

the failure of life support systems for diving operations in connection with the offshore installation, the detachment of a diving bell used for such operations or the trapping of a diver in a diving bell or other subsea chamber used for such operations; or

(e)

any other event arising from a work activity involving death or serious personal injury to five or more persons on the offshore installation or engaged in an activity in connection with it,

and for the purposes of determining whether an event constitutes a major accident under paragraphs (a) or (b), an offshore installation that is normally unattended is to be treated as if it were attended;.”.

(4) After the definition of “National Contingency Plan” insert—

““non-production installation” means an offshore installation other than a production installation;”.

(5) For the definition of “offshore installation” substitute—

““offshore installation” means a stationary, fixed or mobile facility, or a combination of facilities permanently inter-connected by bridges or other structures, which is—

(a)

in offshore waters; and

(b)

used for offshore oil and gas operations or in connection with such operations,

but only includes mobile offshore drilling units (that term having the same meaning as in the 2013 Directive) when they are stationed in offshore waters for drilling, production or other activities associated with offshore oil and gas operations;.”.

(6) After the definition of “offshore installation” insert—

““offshore licence” has the meaning given in the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015(2);

“offshore oil and gas operations” has the meaning given in Article 2(3) of the 2013 Directive;

“offshore waters” means—

(a)

the waters comprising the territorial sea of the United Kingdom; or

(b)

the sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(3);”.

(7) In the definition of “oil handling facility” after “installation” insert “or its connected infrastructure;”.

(8) After the definition of “oil pollution incident” insert—

““oil spill response effectiveness” has the meaning given in Article 2(32) of the 2013 Directive;”.

(9) For the definition of “operator” substitute—

““operator”—

(a)

in relation to an oil handling facility means a person having, for the time being, the management of such facility in the United Kingdom;

(b)

subject to paragraph (c), in relation to a production installation and its connected infrastructure, means an “installation operator” as that term is defined in the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015; or

(c)

in relation to well operations, means the well operator;”.

(10) After the definition of “operator” insert—

““production installation” means an offshore installation used for the offshore extraction of oil and gas from the underground strata of the area covered by a licence, including offshore processing of oil and gas and its conveyance through connected infrastructure;

“responsible person” means in relation to—

(a)

a production installation and its connected infrastructure, subject to paragraph (c), the operator in relation to the installation or connected infrastructure;

(b)

a non-production installation and its connected infrastructure, subject to paragraph (c), the person entitled to control the operation of the installation; and

(c)

well operations, the well operator,

and “matters for which a responsible person is responsible” shall be construed accordingly;

“safety zone” means a safety zone within the meaning of Part 3 of the Petroleum Act 1987(4);”.

(11) After the definition of “United Kingdom Ship” insert—

““well operation” has the meaning given in the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015(5); and

“well operator” has the meaning given in the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015.”.

(1)

O.J. No. L178, 28.06.13, p.66.

(2)

S.I. 2015/385.

(3)

1964 c. 29.

(4)

1987 c. 12.

(5)

S.I. 2015/398.