The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order varies the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (“the 2001 Order”), which applies sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 (“the prescribed provisions”) to certain premises and activities in the territorial sea adjacent to Great Britain and beyond the territorial sea to areas designated by order under section 1(7) of the Continental Shelf Act 1964.

This Order revokes and replaces the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2009 and in so doing extends the following changes of substance to the 2001 Order beyond 6th April 2011 to 6th April 2013.

Article 3(2) of this Order inserts article 8A into the 2001 Order to apply the prescribed provisions to certain activities within a designated area involving structures which would be offshore installations but for the application of article 4(3)(c) of the 2001 Order, which relates to change of an installation’s use.

Article 3(2) also inserts article 8B into the 2001 Order to extend the application of the prescribed provisions to activities within a renewable energy zone. A renewable energy zone is an area, beyond the territorial sea, designated under section 84(4) of the Energy Act 2004 which can be exploited for the production of energy from water or winds.

The revocation of articles 4(2)(a) of, and the Schedule to, the 2001 Order by the 2009 Order is not affected by the revocation of the 2009 Order.

A full impact assessment has not been produced for this instrument as no new impact on the private or voluntary sectors is foreseen. A full impact assessment of the effect that the 2009 Order, which made the same changes of substance but expired on 6th April 2011, has on the costs of business and the voluntary sector is available from the Offshore and Diving Policy Team, Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS and is annexed to the Explanatory Memorandum for that instrument which is available on the legislation.gov.uk website.