The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015

Amendment of regulation 4

6.—(1) Regulation 4 (oil pollution emergency plans) of the 1998 Regulations is amended as follows.

(2) For sub-paragraph (c) of paragraph (1) substitute—

“(c) responsible person, in respect of the matters for which that person is responsible,”.

(3) For sub-paragraph (b) of paragraph (2) substitute—

“(b) there may be joint plans in respect of a number of offshore installations and their connected infrastructure; and”.

(4) After sub-paragraph (b) of paragraph (2) insert—

“(c) there may be joint plans in respect of an offshore installation and its connected infrastructure and any of their related oil handling facilities where such a facility—

(i) would be an offshore installation were it in offshore waters; or

(ii) is a pipeline.”.

(5) In paragraph (3)—

(a) in sub-paragraph (a)—

(i) after “operator” insert “of an oil handling facility and every responsible person”; and

(ii) after “offshore installation” insert “and its connected infrastructure or well operations”;

(b) in sub-paragraph (b) for “or operator” substitute “, an operator of an oil handling facility or a responsible person”; and

(c) after sub-paragraph (b) insert—

“(c) An oil pollution emergency plan in respect of an offshore installation must comply with Schedule 2.”.

(6) In paragraph (4)—

(a) for the words in sub-paragraph (a)(iii) substitute “operations relating to an offshore installation, its connected infrastructure or well operations are to be commenced,”;

(b) for the words in sub-paragraph (bb) substitute “operations relating to the offshore installation or connected infrastructure are to be commenced; or”;

(c) after sub-paragraph (bb) insert—

“(cc) well operations are to be commenced.”; and

(d) after sub-paragraph (b) insert—

“(c) Where an oil pollution emergency plan is submitted in accordance with sub-paragraph (a), any approval by the Secretary of State of that plan is valid only when that installation is in United Kingdom waters or in any area designated under the Continental Shelf Act 1964.”.

(7) In paragraph (5)—

(a) in sub-paragraph (a), for the words “harbour authority and every operator” substitute “person required to submit an oil pollution emergency plan under these Regulations, except where paragraph (5B) applies,”; and

(b) in sub-paragraph (b), after the word “operator” insert “of the oil handling facility or responsible person”.

(8) After paragraph (5) insert—

“(5A) Paragraph (5B) applies to—

(a) every responsible person; and

(b) every operator of an oil handling facility which—

(i) would be an offshore installation were it in offshore waters; or

(ii) is a pipeline.

(5B) Where this paragraph applies, the responsible person or the operator of an oil handling facility must carry out a full review of the oil pollution emergency plan for which the person or operator is responsible—

(a) within 5 years of the date upon which the Secretary of State first approved the plan; and

(b) thereafter at intervals of no more than 5 years after the latest date on which the Secretary of State approved the plan after conducting a full review of the plan, under this paragraph.

(5C) Where there has been a material change to—

(a) the safety case submitted under regulation 17(1), 18(1) or 20(1) of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015(1) which is associated with an offshore installation and its connected infrastructure; or

(b) any of the documents associated with an offshore installation and its connected infrastructure required to be prepared or submitted to the competent authority by or by virtue of—

(i) regulation 15(1), 15(3), 19(1), 21(1), 21(2) or 22(1) of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015; or

(ii) regulation 8(1) of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995(2),

in respect of an offshore installation, connected infrastructure or well operations, the responsible person in respect of the installation, infrastructure or operations, as the case may be, must submit to the Secretary of State a new oil pollution emergency plan, or amendments to the existing plan, within 3 months of such change becoming known to the responsible person.

(5D) The Secretary of State may, by written notice, require a responsible person to review an oil pollution emergency plan which has been approved in respect of any matters for which that person is responsible.

(5E) A notice under paragraph (5D) must include the date by which an amended plan must be submitted to the Secretary of State for approval in accordance with paragraph (5F) and may impose requirements on that person relating to the carrying out of that review including—

(a) the manner in which the review is to be carried out; and

(b) specific matters that must be included within the review.

(5F) Where the Secretary of State requires a review under paragraph (5D) the person required to carry out that review must review the oil pollution emergency plan in accordance with the requirements of the Secretary of State and must submit to the Secretary of State an amended plan for approval.

(5G) Where an oil pollution emergency plan in respect of an offshore installation or its connected infrastructure must be amended by reason of the particular nature or location of a well, the well operator for that well must—

(a) submit to the Secretary of State for approval an amended plan or an adequate description of the amendment to be made to the plan; and

(b) make that submission together with the relevant notification of well operations required by regulation 21(1) or 21(2) of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015.

(5H) Where a non-production installation is to be used for carrying out combined operations for which a notification needs to be submitted in accordance with regulation 22(1) of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015, the operator of any production installation and the owner of any non-production installation involved in those combined operations must—

(a) submit to the Secretary of State for approval an amended oil pollution emergency plan for that installation so that it covers the combined operations; and

(b) make that submission together with the relevant notification of combined operations, required by regulation 22(1) of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015.

(5I) Paragraph (5J) applies where a responsible person fails to comply with—

(a) any obligation in paragraphs (5B) to (5H) to submit either an amended oil pollution emergency plan or an adequate description of such a plan; or

(b) a requirement in a notice under paragraph (5D) relating to the carrying out of a review.

(5J) Where this paragraph applies, the plan in respect of which the amendment or adequate description should have been submitted ceases to be approved for the purposes of this regulation on the date by which the amended oil pollution emergency plan, or adequate description as the case may be, was required to be submitted to the Secretary of State for approval.”.

(9) In paragraph (6)—

(a) after the words “any plan” insert the words “, adequate description”;

(b) for “paragraph (3), (4) or (5)” substitute “paragraphs (3) to (5H)”; and

(c) after each instance of “harbour authority or operator” insert “of the oil handling facility or responsible person”.

(10) In paragraph (7) for the words “offshore installations” substitute “an offshore installation and its connected infrastructure, an oil handling facility which would be an offshore installation were it in offshore waters, well operations”.

(11) In paragraph (8) after the word “operator” insert “of an oil handling facility, every responsible person”.

(12) After paragraph (8) insert—

“(9) Every responsible person must—

(a) maintain equipment and expertise relevant to the oil pollution emergency plan which is approved in respect of matters for which the person is responsible;

(b) ensure that such equipment and expertise is available for use at all times;

(c) make such equipment and expertise available to the authorities responsible for the execution of the National Contingency Plan;

(d) undertake exercises to maintain relevant expertise for the implementation of the plan, including interaction with the National Contingency Plan;

(e) retain evidence of those exercises; and

(f) provide such evidence to the Secretary of State, if so required by the Secretary of State by written notice.

(10) Every responsible person must ensure that no operations relating to an offshore installation, its connected infrastructure or well operations for which that person is responsible, are carried out unless they are the subject of an oil pollution emergency plan approved by the Secretary of State under this regulation.

(11) Every operator of an oil handling facility—

(a) that is a pipeline; or

(b) that would be an offshore installation were it in offshore waters,

must ensure that no activities that present a risk of an oil pollution incident are undertaken unless those activities are the subject of an oil pollution emergency plan approved by the Secretary of State under this regulation.”.

(1)

S.I. 2015/398.

(2)

S.I. 1995/743.