The Conservation of Offshore Marine Habitats and Species Regulations 2017

Enforcement functions of wildlife officers appointed by the Scottish Ministers or the Welsh Ministers and competent authorities in Scotland or Wales U.K.

59.—(1) A wildlife officer appointed by the Scottish Ministers under regulation 58(1) or by a competent authority in Scotland under regulation 58(3)—

(a) may only exercise any function under regulations 60 to 67 for the purposes of ascertaining whether an offence under these Regulations is being or has been committed in the Scottish offshore region; and

(b) in relation to anything done in the course of carrying on an activity falling within paragraph (3), may only exercise any such function subject to and in accordance with the agreement of the Secretary of State.

(2) A wildlife officer appointed by the Welsh Ministers under regulation 58(1) or by a competent authority in Wales under regulation 58(3)—

(a) may only exercise any function under regulations 60 to 67 for the purposes of ascertaining whether an offence under these Regulations is being or has been committed in the Welsh offshore region; and

(b) in relation to anything done in the course of carrying on an activity falling within paragraph (3), may only exercise any such function subject to and in accordance with the agreement of the Secretary of State.

(3) The activities falling within this paragraph are—

(a) an activity for which a licence under section 3 of the Petroleum Act 1998 M1 or section 2 of the Petroleum (Production) Act 1934 M2 (licences to search for and get petroleum) is required;

(b) constructing or maintaining a pipeline in respect of which, or any part of which, an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;

(c) establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998 M3 );

(d) taking any installation abandonment measures;

(e) an activity for which a licence under section 4 or 18 of the Energy Act 2008 M4 is required (gas unloading, storage and recovery, and carbon dioxide storage);

(f) any activity other than those specified in sub-paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998 M5 ;

(g) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 of Part 1 of that Schedule (defence); and

(h) any activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of that Schedule.

Marginal Citations

M1 1998 c. 17. Section 3 was amended by the Scotland Act 2016, section 48; and by S.I. 2016/898.

M2 1934 c. 36. The whole of the Petroleum (Production) Act 1934 was repealed by Part 1 of Schedule 5 to the Petroleum Act 1998 (c. 17) subject to savings in respect of licences in force immediately before the coming into force of that Act (paragraph 4 of Schedule 3).

M3 Section 44, which defines “offshore installation”, was amended by the Energy Act 2008 (c. 32), Schedule 1, paragraph 11

M4 2008 c. 32. Section 4 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 42; and by S.I. 2017/524. Section 18 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 53; and by S.I. 2011/2453, and 2017/524; and by S.S.I. 2011/224.

M5 1998 c. 46.