# The Offshore Installations (Emergency Pollution Control) Regulations 2002, Regulation 3: Intervention powers


(1) The powers conferred by this regulation shall be exercisable where—
(a) an accident has occurred; and
(b) in the opinion of the Secretary of State the accident will or may cause significant pollution in the United Kingdom, United Kingdom waters or in any designated area within the meaning of the Continental Shelf Act 1964; and
(c) in the opinion of the Secretary of State the use of the powers conferred by this regulation is urgently needed,
but those powers are subject to the requirements of paragraph (6) below.
(2) For the purpose of preventing or reducing pollution, or the risk of pollution, the Secretary of State may give directions as respects any offshore installation—
(a) to the operator of the offshore installation; or
(b) to the manager of the offshore installation; or
(c) to any servant or agent of the operator of the offshore installation.
(3) Directions under paragraph (2) above may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without prejudice to the generality of this paragraph, directions may require that person—
(a) to move or not to move the offshore installation, or any part of it, to or from a specified place or area, or over a specified route; or
(b) to unload or discharge, or not to unload or discharge, any oil or other substance; or
(c) to take or not to take specified remedial measures.
(4) If in the opinion of the Secretary of State the powers conferred by paragraph (2) above are, or have proved to be, inadequate for the purpose, the Secretary of State may, for the purpose of preventing or reducing pollution, or the risk of pollution, take, as respects the offshore installation or its contents, any action of any kind whatsoever, and without prejudice to the generality of this paragraph the Secretary of State may—
(a) take any such action as she has power to require to be taken by a direction under this regulation;
(b) undertake operations for the sinking or destruction of the offshore installation, or any part of it, of a kind which is not within the means of any person to whom she can give directions; or
(c) undertake operations which involve the taking over of control of the offshore installation (whether by boarding the offshore installation or entering and using any premises which appear to her to be premises from which the operations of the offshore installation may be controlled).
(5) The powers of the Secretary of State under paragraphs (2) and (4) above shall also be exercisable by such persons as may be authorised for the purpose by or on behalf of the Secretary of State.
(6) Every person concerned with compliance with directions given, or with action taken, under this regulation shall use his best endeavours to avoid any risk to human life.
(7) In this regulation, “specified” in relation to a direction under this regulation, means specified by the direction.

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Source: https://www.legislation.gov.uk/uksi/2002/1861/regulation/3 (the official version)
Page: https://openlegislation.uk/offshore-installations-emergency-pollution-control-regulations-2002/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.