The Criminal Jurisdiction (Offshore Activities) Order 1987

Statutory Instruments

1987 No. 2198

CONTINENTAL SHELF

TERRITORIAL SEA

The Criminal Jurisdiction (Offshore Activities) Order 1987

Made

18th December 1987

Laid before Parliament

8th January 1988

Coming into force

1st February 1988

At the Court at Buckingham Palace, the 18th day of December 1987

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 22(1) and (2) of the Oil and Gas (Enterprise) Act 1982(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and interpretation

1.—(1) This Order may be cited as the Criminal Jurisdiction (Offshore Activities) Order 1987.

(2) In this Order —

“the 1964 Act” means the Continental Shelf Act 1964(2);

“the 1982 Act” means the Oil and Gas (Enterprise) Act 1982;

“installation” includes an installation in transit.

Waters to which Order applies

2.  The waters to which this Order applies are —

(a) territorial waters of the United Kingdom; and

(b) waters in any area for the time being designated under section 1(7) of the 1964 Act.

Application of criminal law

3.  Any act or omission which —

(a) takes place on, under or above an installation in waters to which this Order applies or any waters within five hundred metres of any such installation; and

(b) would, if taking place in any part of the United Kingdom, constitute an offence under the law in force in that part,

shall be treated for the purposes of that law as taking place in that part.

Application of police powers

4.  A constable shall on, under or above any installation in waters to which this Order applies or any waters within five hundred metres of such an installation have all the powers, protection and privileges which he has in the area for which he acts as constable.

Commencement

5.  This Order shall come into force on 1st February 1988.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order applies English, Scottish and Northern Irish criminal law to relevant activities taking place on, under or above, or within 500 metres of, offshore installations situated in United Kingdom territorial waters and in waters within areas designated as part of the United Kingdom continental shelf under the Continental Shelf Act 1964. It also enables courts in any place in the United Kingdom to exercise criminal jurisdiction in relation to such activities.

This Order replaces provisions previously contained in sections 3(1) and 11(3) of the Continental Shelf Act 1964 which, however, applied only to the designated areas.

(1)

1982 c. 23.

(2)

1964 c. 29