The Equality Act 2010 (Offshore Work) Order 2010

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Equality Act 2010 (Offshore Work) Order 2010 and shall come into force on 1st October 2010.

(2) In this Order—

“the Equality Act” means the Equality Act 2010;

“Renewable Energy Zone” has the meaning given in section 84(4) of the Energy Act 2004(1).

(3) This Order does not extend to Northern Ireland.

Application of provisions

2.—(1) Part 5 of the Equality Act applies to offshore work as if the work were taking place in Great Britain unless it—

(a) takes place in the Northern Irish Area as defined by the Civil Jurisdiction (Offshore Activities) Order 1987(2); or

(b) is in connection with a ship which is in the course of navigation or a ship which is engaged in dredging or fishing.

(2) In paragraph (1)(b), “dredging” does not include the excavation of the sea-bed or its subsoil in the course of pipe laying.

Jurisdiction over complaints arising in relation to offshore work within section 82(3)(a) and (b) of the Equality Act

3.  In relation to offshore work within section 82(3)(a) and (b) of the Equality Act—

(a) The employment tribunal in England and Wales shall have jurisdiction to determine a complaint arising from an act taking place in the English area as defined in the Civil Jurisdiction (Offshore Activities) Order 1987, as it would have if that act had taken place in England and Wales.

(b) The employment tribunal in Scotland shall have jurisdiction to determine a complaint arising from an act taking place in the Scottish area as defined in the Civil Jurisdiction (Offshore Activities) Order 1987, as it would have if that act had taken place in Scotland.

Jurisdiction over claims arising in relation to offshore work within section 82(3)(c) of the Equality Act

4.—(1) In relation to offshore work within section 82(3)(c) of the Equality Act—

(a) The High Court shall have jurisdiction to determine a claim arising from an act taking place in the English area as it would have if that act had taken place in England or Wales.

(b) The Court of Session shall have jurisdiction to determine a claim arising from an act taking place in the Scottish area as it would have if that act had taken place in Scotland.

(2) For purposes of this Article—

“offshore area” means—

(a)

tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of the territorial sea;

(b)

waters in the Renewable Energy Zone as designated by the Renewable Energy Zone (Designation of Area) Order 2004(3);

“the English area” means such of the offshore area adjacent to England and Wales which lies to the south of the Scottish border;

“the Scottish area” means such of the offshore area adjacent to Scotland which lies to the north of the Scottish border;

“the Scottish border” has the meaning in the Schedule to this Order.

Judith Simpson

Clerk of the Privy Council