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Oil and Gas (Enterprise) Act 1982

Status:

This is the original version (as it was originally enacted).

23Application of civil law

(1)Her Majesty may by Order in Council—

(a)provide that, in such cases and subject to such exceptions as may be prescribed by the Order, questions arising out of acts or omissions taking place on, under or above waters to which this section applies in connection with any activity mentioned in subsection (2) below shall be determined in accordance with the law in force in such part of the United Kingdom as may be specified in the Order ; and

(b)make provision for conferring jurisdiction with respect to such questions on courts in any part of the United Kingdom so specified.

(2)The activities referred to in subsection (1) above are—

(a)activities connected with the exploration of, or the exploitation of the natural resources of, the shore or bed of waters to which this section applies or the subsoil beneath it; and

(b)without prejudice to the generality of paragraph (a) above, activities carried on from, by means of or on, or for purposes connected with, installations to which subsection (3) below applies.

(3)This subsection applies to any installation which is or has been maintained, or is intended to be established, for the carrying on of any of the following activities, namely—

(a)the exploitation or exploration of mineral resources in or under the shore or bed of waters to which this section applies;

(b)the storage of gas in or under the shore or bed of such waters or the recovery of gas so stored;

(c)the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of such waters ; and

(d)the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within paragraph (a), (b) or (c) above or this paragraph.

(4)The fact that an installation has been maintained for the carrying on of an activity falling within subsection (3) above shall be disregarded for the purposes of that subsection if, since it was so maintained, it has been outside waters to which this section applies or has been maintained for the carrying on of an activity not falling within that subsection.

(5)Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.

(6)The waters to which this section applies are—

(a)tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of territorial waters;

(b)waters in any area designated under section 1(7) of the 1964 Act;

(c)waters in any area specified under section 22(5) above; and

(d)in relation to installations which are or have been maintained, or are intended to be established, in waters falling within paragraph (a), (b) or (c) above, waters in a foreign sector of the continental shelf which are adjacent to such waters.

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