The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

REACH Enforcement Regulations 2008

10.  In regulation 2(2) of the REACH Enforcement Regulations 2008(1)—

(a) for the definition of “offshore installation” substitute—

““offshore installation” means—

(a)

an offshore installation within the meaning of section 44(1) of the Petroleum Act 1998(2); or

(b)

a carbon storage installation within the meaning of section 30(5) of the Energy Act 2008;”;

(b) after that definition insert—

““relevant waters”, in relation to an offshore installation, has the meaning given in section 44(4) of the Petroleum Act 1998;”; and

(c) after the definition of “relevant waters” insert—

““Scotland” includes Scottish controlled waters;”; and

(d) for the definition of “Scottish controlled waters” substitute—

““Scottish controlled waters” means—

(a)

in relation to an offshore installation which is maintained (or intended to be established) for the purposes of the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998), any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974; and

(b)

in relation to any other offshore installation, waters within the seaward limits of the territorial sea adjacent to Scotland.”.

(1)

S.I. 2008/2852.

(2)

1998 c. 17; section 44 was amended by section 36 of, and paragraph 11 of Schedule 1 to, the Energy Act 2008.