Pipelines Safety Regulations (Northern Ireland) 1997

Subject to the provisions of this regulation, in these Regulations “pipeline” means a pipe or system of pipes (together with any apparatus and works, of a kind described in paragraph (2), associated with it) for the conveyance of any fluid, not being—

The apparatus and works referred to in paragraph (1) are—

For the purpose of paragraph (2)(c) a valve, valve chamber or similar work shall be deemed to be annexed to, or incorporated in the course of, a pipe or system where it connects the pipe or system to plant, an offshore installation or a well.

A pipeline for supplying gas to premises shall be deemed not to include anything downstream of an emergency control.

In this regulation—

• “emergency control” means a valve for shutting off the supply of gas in an emergency, being a valve intended for use by a consumer of gas;

• “gas” has the same meaning as it has in Part III of the Gas (Northern Ireland) Order 1996^f1.

Subject to paragraph (2), within territorial waters these Regulations shall apply to and in relation to pipelines and activities to which the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 apply by virtue of regulation 4(1)(f) of those Regulations.

These Regulations shall not apply to any pipeline or part of a pipeline of a kind which is described in Schedule 1.

In the case of a pipeline to which the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991^f1 apply, nothing in these Regulations shall require the taking of any measures to the extent that they are for the prevention of danger within the meaning of those Regulations.

forces arising from the pipeline’s operation;

the fluids that may be conveyed in the pipeline; and

the external forces and the chemical processes to which the pipeline may be subjected.

a fluid is not conveyed in a pipeline unless the safe operating limits of the pipeline have been established; and

a pipeline is not operated beyond its safe operating limits,

an accidental loss of fluid from the pipeline;

discovery of a defect in or damage to the pipeline; or

any other emergency affecting the pipeline.

The operator shall ensure that a pipeline which has ceased to be used for the conveyance of any fluid is left in a safe condition.

The operator of a pipeline shall ensure that work done in discharge of the duty contained in paragraph (1) is performed safely.

The provisions contained in regulations 19 to 27 shall apply in relation to a pipeline in which a dangerous fluid is being, or is to be conveyed (in these Regulations referred to as a “major accident hazard pipeline”).

For the purpose of these Regulations a fluid is a dangerous fluid if it falls within a description in Schedule 2.

The operator of a major accident hazard pipeline which—

shall ensure that the requirements contained in Schedule 3 are complied with in relation to the pipeline.

The duty holder in relation to an offshore installation to which a pipeline described in paragraph (1) is connected shall afford, or cause to be afforded, to the operator of the pipeline such facilities as he may reasonably require for the purpose of securing that the requirements contained in Schedule 3 are complied with in relation to the pipeline.

In this regulation “duty holder”, in relation to an offshore installation, means the person who is the duty holder as defined by regulation 2(1) of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 in relation to that installation.

Where there is a change of operator of a major accident hazard pipeline, or of his address, the operator shall notify such change to the Department within 14 days thereafter.

Subject to paragraph (3), in the case of a major accident hazard pipeline the construction of which has commenced, or has been completed, the operator shall ensure that an event of a kind described in Schedule 5 does not take place until the expiration of 3 months, or such shorter time as the Department may in that case approve, from the receipt by the Department of the particulars specified in that Schedule in relation to such event.

Where an event of a kind described in Schedule 5 takes place in an emergency, the operator shall notify to the Department the particulars specified in that Schedule as soon as is reasonably practicable.

The operator shall, before the design of a major accident hazard pipeline is completed, prepare, and thereafter revise or replace as often as may be appropriate, a document relating to the pipeline containing, subject to paragraph (2), sufficient particulars to demonstrate that—

Paragraph (1) shall only require the particulars in the document referred to in paragraph (1) to demonstrate the matters referred to in that paragraph to the extent that it is reasonable to expect the operator to address them at the time the document is prepared or revised.

Where the document referred to in paragraph (1) describes any health and safety arrangements or procedures to be followed, the operator shall ensure that those arrangements or procedures are followed unless in the particular circumstances of the case it is not in the best interests of the health and safety of persons to follow them and there has been insufficient time to revise or replace the document to take account of those circumstances and in such case, the operator shall ensure that such arrangements and procedures are followed as are in the best interests of the health and safety of persons.

In this regulation—

• “audit” means systematic assessment of the adequacy of the safety management system, carried out by persons who are sufficiently independent of the system (but who may be employed by the operator) to ensure that such assessment is objective; and

• “safety management system” means the organisation, arrangements and procedures established by the operator for ensuring that the risk of a major accident is as low as is reasonably practicable.

The operator shall ensure that a fluid is not conveyed in a major accident hazard pipeline unless—

in the event of an emergency relating to the pipeline have been established and recorded.

The operator shall revise or replace the record of the organisation, arrangements and procedures referred to in paragraph (1) as often as may be appropriate.

The operator shall ensure that the organisation, arrangements and procedures referred to in paragraph (1) are tested, by practice or otherwise, as often as may be appropriate.

The Department shall, within 9 months of receiving a notification pursuant to regulation 20, and subject to paragraph (5), arrange the preparation of an adequate plan detailing how an emergency relating to a possible major accident will be dealt with.

In the preparation of the plan pursuant to paragraph (1), the Department shall consult the operator of the pipeline and any other persons as appear to the Department to be appropriate.

The Department shall, as often as is appropriate and in any case not more than three years after the plan was prepared, or (where it has been revised) last revised, arrange the review of the plan and the making of such revision as is appropriate.

The operator of a major accident hazard pipeline shall ensure that the Department is furnished promptly with such information as may reasonably be required for the preparation of the plan referred to in paragraph (1).

It shall be deemed to be sufficient compliance with the requirement in paragraph (1) as to the time by which a plan is to be prepared, where such time is exceeded by reason of waiting for information referred to in paragraph (4) which has been promptly required.

The Department may charge a fee, determined in accordance with paragraphs (2) to (4), for arranging the preparation, review or revision of a plan pursuant to regulation 25(1) or (3) to the operator of the pipeline to which the plan relates.

A fee shall not exceed the sum of the costs reasonably incurred by the Department in arranging the preparation, review or revision of the plan and, where the plan covers pipelines of which there are more than one operator, the fee charged to each operator shall not exceed the proportion of such sum attributable to the part or parts of the plan relating to his pipelines.

In determining the fee account shall not be taken of costs other than the costs of discharging functions in relation to those parts of the plan which relate to the protection of health or safety of persons and which were costs incurred after the coming into operation of these Regulations.

The Department may determine the cost of employing a graded officer for any period on work appropriate to his grade by reference to the average cost to it of employing officers of his grade for that period.

When requiring payment the Department shall send or give to the operator of the pipeline a detailed statement of the work done and costs incurred including the date of any visit to any place and the period to which the statement relates; and the fee, which shall be recoverable only as a civil debt, shall become payable one month after the statement has been sent or given.

In the case of a pipeline, the construction of which is commenced within 6 months after the coming into operation of these Regulations, it shall be sufficient compliance with regulation 20 if the particulars specified in Schedule 4 are notified to the Department within 3 months after the coming into operation of these Regulations.

Subject to paragraph (3), in the case of a major accident hazard pipeline, the construction of which was commenced (and whether or not completed) before the coming into operation of these Regulations, the particulars specified in Schedule 4 (or, in the case of paragraphs 2, 3, 5, 6 and 8 of that Schedule, particulars, where appropriate, of the actual route of the pipeline or of the riser, materials used, fluid conveyed, and the temperature and pressure, and maximum rate of flow of that fluid) shall be notified to the Department within 6 months after the coming into operation of these Regulations.

Paragraph (2) shall not have effect where, pursuant to regulation 3(1) of the Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984^f1, the particulars relating to that pipeline specified in Part II of Schedule 2 to those Regulations have been supplied before the coming into operation of these Regulations.

In the case of a pipeline the design of which was completed before or within 12 months after the coming into operation of these Regulations regulation 23(1) shall have effect as if, for the words “before the design of a major accident hazard pipeline is completed,” there were substituted the words “within 12 months after the coming into operation of these Regulations”.

In the case of a pipeline which was first used before the coming into operation of these Regulations, it shall be sufficient compliance with the requirement in regulation 24(1) where the matters referred to therein are recorded within 6 months after the coming into operation of these Regulations.

Where the Department receives a notification referred to in regulation 20 within 6 months after the coming into operation of these Regulations, paragraph (1) of regulation 25 shall have effect in relation to the pipeline notified as if the reference in that paragraph to 9 months were a reference to 18 months.

In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove—

The person charged shall not, without leave of the court, be entitled to rely on the defence in paragraph (1) unless, within a period ending seven days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under these Regulations available to the first mentioned person, be constituted by the act or default.

Subject to paragraph (2) and to any Community obligation in respect of the encouragement of improvements in the safety and health of workers at work, the Department may, by a certificate in writing, exempt any person, pipeline or class of persons or pipelines from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked at any time by the Department by a further certificate in writing.

The Department shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to—

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

The statutory provisions specified in column 1 of Part I of Schedule 6 shall be revoked to the extent specified opposite in column 3 of that Part.

The Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984 shall have effect subject to the modifications specified in Part II of Schedule 6.

is flammable in air;

has a boiling point below 5°C, at 1 bar absolute; and

is, or is to be, conveyed in the pipeline as a liquid.

is a gas at 20°C and 1 bar absolute; and

is, or is to be, conveyed as a liquid or a gas.

at 20°C has a saturated vapour pressure greater than 0.4 bar; and

is, or is to be, conveyed in the pipeline as a liquid.

at 20°C has a saturated vapour pressure greater than 0.001 bar; or

is, or is to be, conveyed in the pipeline as a liquid at a pressure greater than 4.5 bar absolute.

a liquid is oxidising; and

a fluid is toxic or very toxic, or reacts violently with water,

in a position in which it can be safely inspected, maintained and tested; and

so far as this is consistent with sub-paragraph (a), as far down the riser as is reasonably practicable;

and such valve shall comply with paragraphs 2 to 8.

by a person positioned by it; and

automatically by the operation of the emergency shut-down system of the offshore installation to which the pipeline is connected,

such of its properties as are relevant to the health or safety of persons; and

the intended or (if, in a case to which regulation 22(3) applies, conveyance has started) actual temperature, pressure and maximum rate of flow of the fluid in the pipeline.

These Regulations contain requirements relating to pipelines, for purposes of health and safety.

Save as indicated below, or in the case of regulation 19(2), the requirements in these Regulations are imposed on the “operator”, defined in regulation 2(1), which also contains other definitions.

Regulation 3 and Schedule 1 define “pipeline” for the purposes of the Regulations.

Regulation 4 provides for the application of the Regulations. In particular, paragraph (1) has the effect that, in United Kingdom territorial waters adjacent to Northern Ireland, they apply only to pipelines and certain activities.

The Regulations require—

In relation to a “major accident hazard pipeline” (defined by regulation 18 as a pipeline in which a dangerous fluid, a fluid described in Schedule 2, is being, or is to be, conveyed), the Regulations contain requirements—

The Regulations also—

In Great Britain the corresponding Regulations are the Pipelines Safety Regulations 1996 (S.I. 1996/825). The Health and Safety Executive has prepared an Analysis of Burdens in relation to those Regulations and a Northern Ireland Cost Benefit Assessment based on that Analysis and prepared by the Department is held at 83 Ladas Drive, Belfast, BT6 9FJ, from where a copy may be obtained on request.

A person who contravenes the Regulations or any requirement or prohibition imposed thereunder is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.