OpenLegislation

Regulation 2 InterpretationI1

United Kingdom

(1)

In these Regulations, unless the context otherwise requires—

  • “the 1969 Act” means the Employers' Liability (Compulsory Insurance) Act 1969f1;

  • “the 1971 Act” means the Mineral Workings (Offshore Installations) Act 1971f2;

  • F1...

  • F2“the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005;

  • “the 2013 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013;

  • “the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety case etc.) Regulations 2015;

  • “apparatus or works” means—

    1. (a)

      apparatus or works described in paragraphs (a) to (f); and

    2. (b)

      a structure described in paragraph (g),

    of the definition of “pipeline” in article 6(2) of the F32013 Order;

  • “associated structure” means, in relation to an offshore installation, a vessel, aircraft or hovercraft attendant on the installation or any floating structure used in connection with the installation;

  • F4“carbon capture, utilisation and storage” means the capture, utilisation and storage of carbon dioxide, including its injection into geological formations beneath the seabed or onshore;

  • F5...

  • F6“duty holder” means—

    1. (a)

      in relation to a production installation, the operator; and

    2. (b)

      in relation to a non-production installation, the owner;

  • F7“external waters” means the territorial sea adjacent to Great Britain and any area designated by order under section 1(7) of the Continental Shelf Act 1964;

  • F8...

  • “installation manager” means, in relation to an offshore installation, the person appointed for the purposes of regulation 6(1)(a) who is for the time being in charge of it;

  • F9“internal waters” means tidal waters and parts of the sea in, or adjacent to, Great Britain up to the landward limits of the territorial sea;

  • F10“licensee”—

    1. (a)

      in relation to carbon capture, utilisation and storage, means a person who holds a “licence” as defined in—

      1. (i)

        regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010; or

      2. (ii)

        regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011;

    2. (b)

      in relation to offshore hydrogen production, means the person in control of the offshore installation;

    3. (c)

      in relation to internal waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, means any person to whom a licence to search and bore for and get petroleum in respect of any area within internal waters is granted pursuant to section 2 of the Petroleum (Production) Act 1934 or section 3 of the Petroleum Act 1998; and

    4. (d)

      in relation to external waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, means an “offshore licensee” as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;

  • F11...

  • F12“non-production installation” means an installation other than a production installation;

  • F13“offshore hydrogen production” means the production of hydrogen including any processes involved in its production;

  • “offshore installation” shall be construed in accordance with regulation 3;

  • F14“operator”—

    1. (a)

      in relation to carbon capture, utilisation and storage, has the meaning given in regulation 2(1) of the 2015 Regulations;

    2. (b)

      in relation to offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;

    3. (c)

      in relation to anything in internal waters other than carbon capture, utilisation and storage and offshore hydrogen production—

      1. (i)

        in relation to the dismantling of a fixed installation (within the meaning given in the 2005 Regulations), has the meaning given in regulation 11(4) of the 2005 Regulations; and

      2. (ii)

        otherwise, has the meaning given in regulation 2(1) of the 2005 Regulations in relation to a production installation; and

    4. (d)

      in relation to anything in external waters other than carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;

  • F15“owner” means the person who controls F16or is entitled to control the operation of a non-production installation;

  • F17“petroleum”—

    1. (a)

      includes any mineral oil or relative hydrocarbon and natural gas, whether or not existing in its natural condition in strata; and

    2. (b)

      does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;

  • “pipeline” means a pipeline within the meaning of article 6(2) of the F182013 Order;

  • “pipeline works” means pipeline works within the meaning of article 6(2) of the 2013 Order;

  • F19“production installation” in relation to—

    1. (a)

      carbon capture, utilisation and storage, has the meaning given in regulation 2(1) of the 2015 Regulations;

    2. (b)

      offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;

    3. (c)

      internal waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2005 Regulations; and

    4. (d)

      external waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;

  • “relevant employee” means an employee—

    1. (a)

      who is ordinarily resident in the United Kingdom, or

    2. (b)

      who is not ordinarily resident in the United Kingdom but who has been present in the United Kingdom and relevant waters in the course of employment there for a continuous period of not less than 7 days;

  • F20“relevant waters” means internal waters and external waters;

  • F21“supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation; and

  • “vessel” includes a hovercraft and any floating structure which is capable of being staffed.

(2)

Any reference in these Regulations to operating an offshore installation is a reference to using the installation for any of the purposes described in regulation 3(1).

(3)

For the purpose of these Regulations any structures and devices on top of a well shall be treated as forming part of the well.

(4)

Unless the context otherwise requires, any reference in these Regulations to—

(a)

a numbered regulation is a reference to the regulation in these Regulations so numbered;

(b)

a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears; and

(c)

a numbered Schedule is a reference to the Schedule in these Regulations so numbered.

Annotations

Textual amendments

F1

Words in reg. 2(1) omitted (19.7.2015) by virtue of The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 Pt. 1 para. 9(a), Pt. 2 (with reg. 4(2), Sch. 14)

F2

Words in reg. 2(1) inserted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 9(b) (with reg. 4(2), Sch. 14)

F3

Word in reg. 2(1) substituted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 9(c) (with reg. 4(2), Sch. 14)

F4

Words in reg. 2(1) inserted (6.4.2026) by The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/185), regs. 1(1), 2(2)(a)

F5

Words in reg. 2(1) omitted (6.4.2006) by virtue of The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 2(a)(i) (with reg. 27)

F6

Words in reg. 2(1) substituted (6.4.2006) by The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 2(a)(ii) (with reg. 27)

F7

Words in reg. 2(1) inserted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 9(d) (with reg. 4(2), Sch. 14)

F8

Words in reg. 2(1) omitted (6.4.2006) by virtue of The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 2(a)(iii) (with reg. 27)

F9

Words in reg. 2(1) inserted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 9(e) (with reg. 4(2), Sch. 14)

F10

Words in reg. 2(1) substituted (6.4.2026) by The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/185), regs. 1(1), 2(2)(b)

F11

Words in reg. 2(1) omitted (6.4.2006) by virtue of The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 2(a)(v) (with reg. 27)

F12

Words in reg. 2(1) inserted (6.4.2006) by The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 2(a)(vi) (with reg. 27)

F13

Words in reg. 2(1) inserted (6.4.2026) by The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/185), regs. 1(1), 2(2)(c)

F14

Words in reg. 2(1) substituted (6.4.2026) by The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/185), regs. 1(1), 2(2)(d)

F15

Words in reg. 2(1) substituted (6.4.2006) by The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 2(a)(viii) (with reg. 27)

F16

Words in reg. 2(1) inserted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 9(h) (with reg. 4(2), Sch. 14)

F17

Words in reg. 2(1) inserted (6.4.2006) by The Offshore Installations (Safety Case) Regulations 2005 (S.I. 2005/3117), reg. 1, Sch. 9 para. 2(a)(ix) (with reg. 27)

F18

Word in reg. 2(1) substituted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 9(i) (with reg. 4(2), Sch. 14)

F19

Words in reg. 2(1) substituted (6.4.2026) by The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/185), regs. 1(1), 2(2)(e)

F20

Words in reg. 2(1) substituted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 9(k) (with reg. 4(2), Sch. 14)

F21

Words in reg. 2(1) inserted (17.9.2002) by The Offshore Safety (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2175), regs. 1(1), 2(1)(b)

Commencement

I1

Reg. 2 in force at 20.6.1995, see reg. 1

Footnotes

f1

1969 c. 57.

f2

1971 c. 61; amended by the Oil and Gas (Enterprise) Act 1982 (c. 23); certain provisions were repealed by S.I. 1993/1823.