The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017

The Offshore Installations (Safety Zones) Regulations 1987

3.—(1) The Offshore Installations (Safety Zones) Regulations 1987(1) are amended as follows.

(2) In regulation 2 (prohibition on the entry into or remaining of a vessel in a safety zone: exceptions)—

(a) in paragraph (e) omit “or”;

(b) at the end of paragraph (f) insert “or”; and

(c) at the end insert—

“(g) if there is consent from the duty holder (as “duty holder” is defined in regulation 2(1) of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016)(2).”.

(3) After regulation 2 insert—

“Review

3.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 6th April 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(3) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Article 6(7) of Directive 2013/30/EU of the European Parliament and of the Council of 12th June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC(4) is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015.”.

(1)

S.I. 1987/1331. These Regulations were revoked, in relation to Great Britain, by S.I. 2015/398 (which did not extend to Northern Ireland), subject to transitional and saving provisions in respect of external waters; see regulation 4(3) of, and Part 2 of Schedule 13 and Part 2 of Schedule 14 to, S.I. 2015/398.

(2)

S.R. (NI) 2016/406.

(3)

2015 c. 26. Section 30(3) was amended by the Enterprise Act 2016 (c. 12), section 19. See section 32 for the definition of “regulatory provision”.

(4)

OJ L 178, 28.6.2013, p 66-106.