Regulation 16B Prohibition noticesF1

(1)

If the Secretary of State is of the opinion that the operation of an offshore installation involves an imminent risk of serious pollution as a consequence of F2any use, discharge or release of an offshore chemical, the Secretary of State or an inspector appointed under regulation 16 may serve a notice on the permit holder or, if there is no permit holder, the operator.

(2)

A prohibition notice may be served whether or not the risk relates to the contravention of a permit and may relate to any aspects of the operation of the offshore installation, whether or not regulated by the conditions F3of such a permit.

(3)

A prohibition notice—

(a)

shall state that the Secretary of State is of the opinion mentioned in paragraph (1) above;

(b)

shall specify the risk involved in the operation of the offshore installation;

(c)

shall specify the steps that must be taken to remove it F4...; F5...

(F6ca)

may specify the period within which such steps must be taken; and

(d)

may direct that any permit shall, until the notice is withdrawn wholly or in part, cease to have effect and, where the direction applies to part only of the operation of the offshore installation, it may impose conditions to be observed in carrying on that part of the operation which is authorised under the relevant permit.

(4)

The Secretary of State or an inspector appointed by her under regulation 16 may by notice withdraw a prohibition notice wholly or in part at any time and shall withdraw a notice when the Secretary of State is satisfied that the steps required by the notice have been taken.

(5)

It shall be the duty of the person to whom the prohibition notice is addressed to comply with its terms save to the extent that it is withdrawn wholly or in part.

(6)

The service of a prohibition notice shall be without prejudice to the exercise by any person of any power under any other provision of these Regulations.

Annotations

Textual amendments

F1: Regs. 16A, 16B inserted (20.8.2005) by The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055), reg. 1, Sch. 2 para. 3
F2: Words in reg. 16B(1) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 18(a)
F3: Word in reg. 16B(2) inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 18(b)
F4: Words in reg. 16B(3)(c) omitted (30.3.2011) by virtue of The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 18(c)(i)
F5: Word in reg. 16B(3) omitted (30.3.2011) by virtue of The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 18(c)(ii)(aa)
F6: Reg. 16B(3)(ca) inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 18(c)(ii)(bb)