Explanatory note

This Order in Council applies Part 5 of the Equality Act 2010 to offshore work. It replaces previous orders extending anti-discrimination law to offshore work. This Order has no application in respect of ships in navigation or engaged in fishing or dredging.

Articles 3 and 4 determine the jurisdiction of tribunals and courts over complaints and claims concerning offshore work to which Part 5 applies, replicating the effect of previous legislation determining the venue and jurisdiction for complaints and claims concerning different types of offshore work. Article 3 provides that in respect of complaints arising from activities in the territorial sea adjacent to the United Kingdom or such as are mentioned in section 11(2) of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section, the employment tribunals in England and Wales or Scotland shall have jurisdiction according to the borders established in the Civil Jurisdiction (Offshore Activities) Order 1987.

Article 4 provides that in respect of claims arising from activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies, the High Court or Court of Session shall have jurisdiction according to the border established in the Schedule to this Order.

A full impact assessment of the effect that the Act will have on the costs of business and the voluntary sector is available at the Government Equalities Office website at www.equalities.gov.uk, relevant extracts of which are available alongside this instrument on the OPSI website. A further impact assessment has not been produced for this instrument as no additional impact on the private or voluntary sectors is foreseen.