OpenLegislation

Regulation 2 Interpretation

United Kingdom

(1)

In these Regulations—

  • “the 2013 Directive” means Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC M1;

  • “competent authority” means the Health and Safety Executive and the Secretary of State, acting jointly;

  • “connected infrastructure” means—

    1. (a)

      any well or supplementary unit connected to an installation; and

    2. (b)

      within an installation's safety zone—

      1. (i)

        any associated structure or device which is connected to that installation;

      2. (ii)

        any apparatus or works on or affixed to the main structure of the installation; and

      3. (iii)

        any pipeline apparatus or works attached to that installation;

  • “information notice” has the meaning given in regulation 11(4);

  • “installation” has the meaning given in Article 2(19) of the Directive;

  • “installation operator” means a person appointed in accordance with regulation 5 or 6 to conduct any offshore petroleum operations, other than the planning or execution of any well operations;

  • “licensing authority” means the F1Oil and Gas Authority;

  • “major accident” has the meaning given in Article 2(1) of the 2013 Directive;

  • F2“obligation” includes a prohibition where relevant;

  • “offshore licence” means a licence granted under section 2(1) of the Petroleum (Production) Act 1934 M2 or section 3(1) of the Petroleum Act 1998 M3 which confers on the holder of that licence the exclusive right to prospect or explore for or produce petroleum, in offshore waters;

  • “offshore licensee” means a person who—

    1. (a)

      holds an offshore licence; or

    2. (b)

      held an offshore licence and has been required M4 to submit an abandonment programme (within the meaning of section 29 of the Petroleum Act 1998) to the Secretary of State in relation to activities carried out pursuant to the licence except where—

      1. (i)

        the programme has been approved by the Secretary of State; and

      2. (ii)

        that person is not subject to any obligations under the approved programme;

  • “offshore petroleum operations” means all activities associated with an installation or connected infrastructure, including design, planning, construction, operation and decommissioning thereof, relating to exploration and production of petroleum, but excluding conveyance of petroleum from one coast to another;

  • “offshore waters” means—

    1. (a)

      the waters comprising the territorial sea of the United Kingdom; or

    2. (b)

      the sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 M5;

  • “operator” means a person who has been appointed as an installation operator, as a well operator or as both;

  • “petroleum” has the meaning given in section 1 of the Petroleum Act 1998;

  • “production installation” means an installation used for offshore extraction of petroleum from the underground strata of the area covered by an offshore licence, including offshore processing of petroleum and its conveyance through connected infrastructure;

  • F3“prospective offshore licensee” means a person in respect of whom an application has been made to the licensing authority—

    1. (a)

      for the grant of an offshore licence to that person; or

    2. (b)

      for consent to a transfer of an offshore licence to that person (whether or not after the transfer the licence will be held jointly with another person, including an existing licence holder),

    where that application has not been determined;.

  • “safety zone” means a safety zone within the meaning of Part 3 of the Petroleum Act 1987 M6;

  • “well” has the meaning given in the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 M7;

  • “well operation” has the meaning given in the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015; and

  • “well operator” in relation to a well or proposed well means a person appointed in accordance with regulation 5 or 6 to conduct the planning or execution of well operations.

(2)

In these Regulations “the 2013 Directive operator requirements” means the requirements specified in paragraph (3) which are placed on—

(a)

an operator, by or by virtue of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 M8;

(b)

an employer, by or by virtue of the Management of Health and Safety at Work Regulations 1999 M9; or

(c)

a duty holder, by or by virtue of the Regulations specified in paragraph (4).

(3)

The requirements referred to in paragraph (2) are those which relate to—

(a)

preventing major accidents arising from offshore petroleum operations in offshore waters; or

(b)

limiting the consequences of such accidents,

but only where that duty holder or employer, as the case may be, is an operator within the meaning of these Regulations.

(4)

The Regulations referred to in paragraph (2) are—

(a)

the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 M10;

(b)

the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 M11;

(c)

the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 M12;

(d)

the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 M13;

(e)

the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 M14; and

(f)

the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015.

(5)

Other terms used in these Regulations which are also used in the 2013 Directive have the same meaning in these Regulations as they have in the 2013 Directive.

Annotations

Textual amendments

F1

Words in reg. 2(1) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 81; S.I. 2016/920, reg. 2(a)

F2

Words in reg. 2(1) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 61(2)(a)

F3

Words in reg. 2(1) substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 61(2)(b)

Marginal citations

M1

O.J. No. L178, 28.06.13, p.66.

M2

1934 c. 36.

M3

1998 c. 17.

M4

The Petroleum Act 1998, section 29 provides for the Secretary of State to issue a notice to certain persons requiring them to submit an abandonment programme.

M5

1964 c. 29.

M6

1987 c. 12.

M7

S.I. 2015/398.

M8

S.I. 1998/1056.

M9

S.I. 1999/3242.

M10

S.I. 1989/971.

M11

S.I. 1989/1671.

M12

S.I. 1995/738.

M13

S.I. 1995/743.

M14

S.I. 1996/913.