Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999

Regulation 3(1) and (10)

SCHEDULE 1 Premises and activities within territorial waters

Interpretation

1.—(1) In this Schedule—

“designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964(1) and “within a designated area” includes over and under it;

“offshore installation” shall be construed in accordance with paragraph 2(4) and (5);

“stand-by vessel” means a vessel which is ready to give assistance in the event of an emergency on or near an offshore installation;

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

(2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

(3) For the purposes of this Schedule, a person shall be deemed to be engaged in diving operations throughout any period from the time when he commences to prepare for diving until the time when—

(a) he is no longer subjected to raised pressure;

(b) he has normal inert gas partial pressure in his tissues; and

(c) if he entered the water, he has left it,

and diving operations include the activity of any person in connection with the health and safety of a person who is, or is deemed to be, engaged in diving operations.

(4) Any reference in this Schedule to premises and activities (howsoever described) shall include a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.

Offshore installations

2.—(1) Any offshore installation and any activity on it.

(2) Any activity, including diving operations, in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, on or from a vessel or in any other manner, other than—

(a) transporting, towing or navigating the installation; and

(b) any activity on or from a vessel being used as a stand-by vessel.

(3) Diving operations involving the survey and preparation of the sea bed for an offshore installation.

(4) Subject to sub-paragraph (5), in this Schedule “offshore installation” means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—

(a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

(b) for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;

(c) for the conveyance of things by means of a pipe; or

(d) mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,

and which is not an excepted structure.

(5) For the purposes of sub-paragraph (4), the excepted structures are—

(a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

(b) a well;

(c) a structure which has ceased to be used for any of the purposes specified in sub-paragraph (4) and has since been used for a purpose not so specified;

(d) a mobile structure which has been taken out of use and is not for the time being intended to be used for any of the purposes specified in sub-paragraph (4); and

(e) any part of a pipeline.

Wells

3.—(1) Subject to sub-paragraph (2)—

(a) a well and any activity in connection with it; and

(b) an activity which is immediately preparatory to any activity in head (a).

(2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines

4.—(1) Any pipeline.

(2) Any pipeline works.

(3) The following activities in connection with pipeline works—

(a) the loading, unloading, fuelling or provisioning of a vessel;

(b) the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,

being in either case a vessel which is engaged in pipeline works.

(4) In this paragraph—

• “pipeline” means a pipe or system of pipes for the conveyance of any thing, together with—

  (a)

  any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;

  (b)

  any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;

  (c)

  valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;

  (d)

  apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in paragraphs (a) to (c);

  (e)

  apparatus for the transmission of information for the operation of the pipe or system;

  (f)

  apparatus for the cathodic protection of the pipe or system; and

  (g)

  a structure used or to be used solely for the support of a part of the pipe or system;

  but not including a pipeline of which no initial or terminal point is situated in the United Kingdom or within territorial waters, United Kingdom territorial waters adjacent to Great Britain or a designated area;

• “pipeline works” means—

  (a)

  assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it;

  (b)

  inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline;

  (c)

  changing the position of or dismantling or removing a pipeline or length of pipeline;

  (d)

  opening the bed of the sea for the purposes of the works mentioned in paragraphs (a) to (c), and tunnelling or boring for those purposes;

  (e)

  any activities incidental to the activities described in paragraphs (a) to (d);

  (f)

  diving operations in connection with any of the works mentioned in paragraphs (a) to (e) or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines

5.—(1) The working of a mine, and work for the purpose of or in connection with the working of any part of a mine.

(2) In this paragraph “mine” and “working of a mine” have the same meaning as in the Mines Act (Northern Ireland) 1969(2).

Other activities

6.—(1) Subject to sub-paragraph (2)—

(a) the construction, reconstruction, alteration, repair, maintenance, cleaning, demolition and dismantling of any building or other structure not being a vessel, or any preparation for any such activity;

(b) the loading, unloading, fuelling or provisioning of a vessel;

(c) diving operations;

(d) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel; and

(e) the maintaining on station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(5)(d) relates.

(2) Sub-paragraph (1) shall not apply to vessels which are registered outside the United Kingdom and are on passage through territorial waters.

Regulation 10(1)

SCHEDULE 2 Information to be contained in a report of a thorough examination

1.  The name and address of the employer for whom the thorough examination was made.

2.  The address of the premises at which the thorough examination was made.

3.  Particulars sufficient to identify the lifting equipment including where known its date of manufacture.

4.  The date of the last thorough examination.

5.  The safe working load of the lifting equipment or (where its safe working load depends on the configuration of the lifting equipment) its safe working load for the last configuration in which it was thoroughly examined.

6.  In relation to the first thorough examination of lifting equipment after installation or after assembly at a new site or in a new location—

(a) that it is such thorough examination;

(b) (if such be the case) that it has been installed correctly and would be safe to operate.

7.  In relation to a thorough examination of lifting equipment other than a thorough examination to which paragraph 6 relates—

(a) whether it is a thorough examination—

(i) within an interval of 6 months under regulation 9(3)(a)(i);

(ii) within an interval of 12 months under regulation 9(3)(a)(ii);

(iii) in accordance with an examination scheme under regulation 9(3)(a)(iii);

(iv) after the occurrence of exceptional circumstances under regulation 9(3)(a)(iv);

(b) (if such be the case) that the lifting equipment would be safe to operate.

8.  In relation to every thorough examination of lifting equipment—

(a) identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect;

(b) particulars of any repair, renewal or alteration required to remedy a defect found to be a danger to persons;

(c) in the case of a defect which is not yet but could become a danger to persons—

(i) the time by which it could become such danger;

(ii) particulars of any repair, renewal or alteration required to remedy it;

(d) the latest date by which the next thorough examination must be carried out;

(e) where the thorough examination included testing, particulars of any test;

(f) the date of the thorough examination.

9.  The name, address and qualifications of the person making the report; that he is self-employed or, if employed, the name and address of his employer.

10.  The name and address of a person signing or authenticating the report on behalf of its author.

11.  The date of the report.

Regulation 18

SCHEDULE 3 Revocation of statutory provisions

(1)	(2)	(3)
Title	Reference	Extent of revocation
Quarries (Safety, Health, Equipment and Explosives) Rules (Northern Ireland), 1962	S.R. & O. (N.I.) 1962 No. 180	Rules 35 to 40.
Construction (Lifting Operations) Regulations (Northern Ireland) 1963	S.R. & O. (N.I.) 1963 No. 86	The whole Regulations.
Construction (Lifting Operations) Prescribed Particulars Order (Northern Ireland) 1963	S.R. & O. (N.I.) 1963 No. 130	The whole Order.
Construction (Lifting Operations) Reports Order (Northern Ireland) 1963	S.R. & O. (N.I.) 1963 No. 132	The whole Order.
Factories (Exemption of Hoists) Order (Northern Ireland) 1967	S.R. & O. (N.I.) 1967 No. 125	The whole Order.
Office and Shop Premises (Hoists and Lifts) Regulations (Northern Ireland) 1969	S.R. & O. (N.I.) 1969 No. 26	The whole Regulations.
Shipbuilding and Ship-repairing Regulations (Northern Ireland) 1971	S.R. & O. (N.I.) 1971 No. 372	In regulation 3 the definitions of “lifting appliance” and “lifting gear”; regulations 20 and 30 to 46.
Shipbuilding (Particulars of Annealing) Order (Northern Ireland) 1975	S.R. 1975 No. 169	The whole Order.
Shipbuilding (Lifting Appliances, etc., Forms) Order (Northern Ireland) 1975	S.R. 1975 No. 191	The whole Order.
The Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976	S.I. 1976/1019	The whole Regulations.
Hoists and Lifts (Metrication) Regulations (Northern Ireland) 1984	S.R. 1984 No. 55	The whole Regulations.
Health and Safety (Miscellaneous Modifications) Regulations (Northern Ireland) 1991	S.R. 1991 No. 172	The whole Regulations.
Lifting Plant and Lifting Equipment (Records of Test and Examination etc.) Regulations (Northern Ireland) 1993	S.R. 1993 No. 366	The whole Regulations.
Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996	S.R. 1996 No. 510	Paragraph 2 of Schedule 9.

(1)

1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), Schedule 3, paragraph 1

(2)

1969 c. 6 (N.I.)