The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996

Arrangements for examination

18.—(1) Before the design of a well is commenced or adopted the well-operator shall make and put into effect arrangements relating to the well of a kind described in paragraph (2) or (where such arrangements already have effect in relation to another well) apply such arrangements, with any appropriate modifications, to the well.

(2) The arrangements referred to in paragraph (1) are arrangements in writing for such examinations, by independent and competent persons, of any part of the well, or similar well, information, or work in progress, and the making of such reports and recommendations, as are suitable for ensuring (with the assistance of such other measures as the well-operator takes) that the well is so designed and constructed, and is maintained in such repair and condition, that—

(a) so far as is reasonably practicable, there can be no unplanned escape of fluids from the well; and

(b) risks to the health and safety of persons from it or anything in it, or in strata to which it is connected, are as low as is reasonably practicable.

(3) The well-operator shall review and revise the arrangements as often as may be appropriate.

(4) The well-operator shall ensure that the arrangements, any revision of them, and reports and recommendations pursuant to them are kept at an address in Great Britain notified to the Executive, until the expiration of six months after the arrangements and any revision of them cease to be current.

(5) In the case of a well which, at the coming into force of these Regulations, is completed, the well-operator shall make and put into effect or (as the case may be) apply the arrangements described in paragraph (1) within 1 year after such coming into force.

(6) In the case of a well, the design of which was commenced or adopted before the coming into force of these Regulations, but which is not, at such coming into force, completed, the well-operator shall make and put into effect or (as the case may be) apply the arrangements described in paragraph (1)—

(a) forthwith; or

(b) within 1 year after such coming into force, in a case where a well consent was given not more than 1 year before such coming into force.

(7) For the purpose of this regulation a person shall be regarded as independent only where—

(a) his examination will not involve the consideration by him of an aspect, of a thing liable to be examined, for which he bears or has borne such responsibility as might compromise his objectivity; and

(b) he will be sufficiently independent of a management system, or of a part thereof, which bears or has borne any responsibility for an aspect, which he might consider, of a thing liable to be examined, to ensure that he will be objective in discharging his function.

(8) In this regulation “well consent” means a consent in writing of the Secretary of State for Trade and Industry to the commencement of drilling of the well required by paragraph (1) of—

(a) clause 19 of the model clauses contained in Schedule 4 to the Petroleum (Production) (Seaward Areas) Regulations 1988(1);

(b) clause 15 of the model clauses contained in Schedule 6 to the Petroleum (Production) (Landward Areas) Regulations 1991(2);;

(c) clause 17 of the model clauses contained in Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations 1995(3),

in a case where the clause is, pursuant to the relevant Regulations, incorporated in a licence.

(1)

S.I. 1988/1213, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1991/981; amended by S.I. 1992/1314.

(3)

S.I. 1995/1436.