Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 No. 340

SCHEDULE 2 Revocations and Modifications of Statutory Provisions

PART II MODIFICATIONS

Diving Operations at Work Regulations (Northern Ireland) 1994

18.  In regulation 2 (interpretation) of the Diving Operations at Work Regulations (Northern Ireland) 1994(1) (“the 1994 Regulations”), in paragraph (1)—

(a) after the definition of “the 1971 Act” there shall be inserted the following definition—

““the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995;”;

(b) for the definition of “offshore installation” there shall be substituted the following definition—

• ““offshore installation” means—

  (a)

  subject to sub-paragraph (b), 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—

  (i)

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

  (ii)

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

  (iii)

  for the conveyance of things by means of a pipe; or

  (iv)

  mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this paragraph; and which is not an excepted structure; and

  (b)

  for the purposes of this definition, the excepted structures are—

  (i)

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

  (ii)

  a well;

  (iii)

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

  (iv)

  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 (a) and;

  (v)

  any part of a pipeline:”:

(c) after the definition of “offshore installation” there shall be inserted the following definition—

• ““owner”, in relation to an offshore installation, means the person who is, in relation to the installation, the duty holder as defined by regulation 2(1) of the 1995 Regulations in relation to that installation;”;

(d) for the definition of “pipeline” there shall be substituted the following definition—

• ““pipeline” has the same meaning as in regulation 2(1) of the 1995 Regulations;”;

(e) for the definition of “pipeline works” there shall be substituted the following definition—

• ““pipeline works” has the same meaning as in regulation 2(1) of the 1995 Regulations;”.

19.  In regulation 5(4) of the 1994 Regulations for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b) if there is no diving contractor by virtue of sub-paragraph (a) and the operation is carried on—

(i) from or in connection with an offshore installation, the owner;

(ii) in connection with a pipeline, the owner of the pipeline;

(iii) in connection with a proposed pipeline, the person who will be the owner of the pipeline when it is laid;”.

(1)

S.R. 1994 No. 146