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Regulation 21G Powers of inspectors in relation to pipelinesF1

(1)

Subject to paragraph (3), an inspector may exercise the powers in paragraph (2) for the purpose of—

(a)

securing the safety, health and welfare of persons engaged on pipeline works; and

(b)

securing the proper construction and safe operation of pipelines and preventing damage to them.

(2)

The powers are—

(a)

to require the owner of a pipeline or the proposed owner of a proposed pipeline, at any reasonable time, to convey to and from premises in relevant waters used or intended to be used in connection with the pipeline or with pipeline works relating to a pipeline or proposed pipeline—

(i)

the inspector;

(ii)

the equipment and materials of the inspector; and

(iii)

any article or substance of which the inspector has taken possession pursuant to section 20 of the Health and Safety at Work etc. Act 1974;

(b)

to require the owner of a pipeline or the proposed owner of a proposed pipeline to provide the inspector with reasonable accommodation and means of subsistence while on, or in transit to or from, premises in relevant waters used or intended to be used in connection with the pipeline or pipeline works relating to the pipeline or proposed pipeline.

(3)

Nothing in this regulation imposes, or confers power on an inspector to impose, any obligation on any person on a vessel registered outside the United Kingdom as a ship, aircraft or hovercraft when it is not engaged in operations for the purpose of laying or maintaining a pipeline.

(4)

In any proceedings for an offence consisting of a contravention of a requirement imposed under this regulation, it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(5)

In relation to an offence consisting of a contravention of a requirement imposed under paragraph (2) by an inspector—

(a)

proceedings on indictment are excluded; and

(b)

the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(6)

In this regulation—

  • “owner”, in relation to a pipeline, means—

    1. (a)

      the person for the time being designated as the owner of the pipeline by an order made under section 27(1) of the Petroleum Act 1998; or

    2. (b)

      where no person has been so designated, the person by whom the pipeline is, or is to be, used;

  • “pipeline” and “pipeline works” have the meanings given in section 1(4) of the Offshore Safety Act 1992; and

  • “proposed owner”, in relation to a proposed pipeline, means—

    1. (a)

      the person for the time being designated as the proposed owner of the proposed pipeline by an order made under section 27(1) of the Petroleum Act 1998; or

    2. (b)

      where no person has been so designated, the person for whom the pipeline is to be constructed.

(7)

This regulation applies—

(a)

in Great Britain;

(b)

to the territorial sea adjacent to Great Britain up to the seaward limits of the territorial sea and to the waters in any area designated by order under section 1(7) of the Continental Shelf Act 1964; and

(c)

to places above and below the territorial sea and waters in any area so designated.

Annotations

Textual amendments

F1

Regs. 21A-21H 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. 14 (with reg. 4(2), Sch. 14)