(1)Her Majesty may by Order in Council [F1, subject to subsection (4A)] —
(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) 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) 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), activities carried on from, by means of or on, or for purposes connected with, installations to which subsection (3) 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;
[F2(aa)the exploration of any place in, under or over such waters with a view to the storage of gas in such a place;
(ab)the conversion of any place in, under or over waters to which this section applies for the purpose of storing gas;]
(b)the storage of gas [F3in, under or over] such waters or the recovery of gas so stored;
[F4(ba)the unloading of gas at any place in, under or over such waters;]
(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 within [F5any of paragraphs (a) to (c) ] or this paragraph.
[F6(3A)In subsection (3) references (in whatever form) to storing gas include storing gas with a view to its permanent disposal.]
(4)The fact that an installation has been maintained for the carrying on of an activity within subsection (3) 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.
[F7(4A)An Order in Council may not make provision under subsection (1) in relation to questions arising out of acts or omissions taking place in connection with any activity carried on in, under or over relevant Scottish waters with a view to, or in connection with, the storage of carbon dioxide.
(4B)In subsection (4A)—
(a)“relevant Scottish waters” means tidal waters, and parts of the sea, in or adjacent to Scotland up to the seaward limits of the territorial sea, and
(b)references to the storage of carbon dioxide do not include the use of carbon dioxide for a purpose ancillary to getting petroleum (within the meaning of section 1).]
(5)Any jurisdiction conferred on a court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.
(6)This section applies to installations notwithstanding that they are for the time being in transit.
(7)A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)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 the territorial sea;
(b)waters in an area designated under section 1(7) of the M1Continental Shelf Act 1964;
(c)waters in an area specified under section 10(8); and
(d)in relation to installations which are or have been maintained, or are intended to be established, in waters within paragraph (a), (b) or (c), waters in a foreign sector of the continental shelf which are adjacent to such waters.
[F8(9)In this section “gas” means—
(a)gas within the meaning of section 2(4) of the Energy Act 2008, or
(b)carbon dioxide.]
Textual Amendments
F1Words in s. 11(1) inserted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(a); S.I. 2009/45, art. 4(a)(iii)
F2S. 11(3)(aa)(ab) inserted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(b); S.I. 2009/45, art. 4(a)(iii)
F3Words in s. 11(3)(b) substituted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(c); S.I. 2009/45, art. 4(a)(iii)
F4S. 11(3)(ba) inserted (13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(d); S.I. 2009/2809, art. 2 (with art. 4)
F5Words in s. 11(3)(d) substituted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(e); S.I. 2009/45, art. 4(a)(iii)
F6S. 11(3A) inserted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(f); S.I. 2009/45, art. 4(a)(iii)
F7S. 11(4A)(4B) inserted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(g); S.I. 2009/45, art. 4(a)(iii)
F8S. 11(9) inserted (6.4.2009 for specified purposes, 13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 7(h); S.I. 2009/45, art. 4(a)(iii); S.I. 2009/2809, art. 2 (with art. 4)
Marginal Citations