Regulation 5 Meaning of existing installation

(1)

In regulation 4, an existing installation is an offshore installation (or part of such an installation) which is the subject of an existing statutory consent and for which as at 1st April 2017—

(a)

construction has started, and

(b)

either paragraph (2) or (3) applies.

(2)

This paragraph applies where the installation has a decommissioning date before 1st January 2023.

(3)

This paragraph applies where the installation has a decommissioning date on or after 1st January 2023 and either—

(a)

there is no approved decommissioning programme in place relating to that installation; or

(b)

the approved decommissioning programme relating to that installation was approved subject to the provision of financial security by a prescribed date, and the prescribed date has passed and the security has not been provided.

(4)

In this regulation—

(a)

for the purposes of paragraph (1)(a), construction has not started on an installation where the only work carried out is the laying of cables in anticipation of construction;

(b)

“decommissioning date” means the end date of the marine licence issued in relation to the offshore installation or to part of that installation;

(c)

“marine licence” means a licence issued under either—

(i)

Part 2 (deposits in the sea) of the Food and Environment Protection Act 1985^f1,

(ii)

Part 4 (marine licensing) of the Marine and Coastal Access Act 2009^f2, or

(iii)

Part 4 (marine licensing) of the Marine (Scotland) Act 2010^f3; and

(d)

“offshore installation” has the meaning given in section 104 (interpretation of chapter 2 of part 2) of the 2004 Act.

Annotations

Footnotes

f1: 1985 c. 48. Relevant amending instruments are the Environmental Protection Act 1990 (c. 43), section 146(1), (2)(b) and (c)(ii), section 162 and Schedule 16 Part VIII; the Petroleum Act 1998 (c. 17), section 50, Schedule 4, paragraph 20; the Energy Act 2008 (c. 32), Schedule 1, paragraphs 1, 2(a) and (b); the Marine and Coastal Access Act 2009 (c. 23), section 112(1), Schedule 8, paragraphs 2(1), (2)(a), (e) to (g), 4(a) and (b) and 5(a) and (b) and part 2 of Schedule 22; and S.S.I. 2011/202.
f2: 2009 c. 23. A relevant amending instrument is S.I. 2015/374.
f3: 2010 asp 5. Part 4 is amended by the Regulatory Reform (Scotland) Act 2014 (asp 3), section 54(1) and (2).