Part III Miscellaneous
Safety zones
C1C2C3C1521 Automatic establishment of safety zones.
1
Subject to subsections (3) and (4), there shall be a safety zone around every installation which, or part of which, is in waters to which subsection (7) applies if—
a
it is stationed there so that any of the activities mentioned in subsection (2) may be carried out on, from or by means of it, or
b
it is being assembled at a station where it is to be used for such a purpose, or
c
it remains or is being dismantled at a station where it has been used for such a purpose.
2
The activities referred to in subsection (1) are—
a
the exploitation or exploration of mineral resources in or under the shore or bed of waters to which subsection (7) applies;
F15aa
the exploration of any place in, under or over such waters with a view to the storage of gas in such a place;
F15ab
the conversion of any place in, under or over such waters for the purpose of storing gas;
b
the storage of gas F16in, under or over such waters or the recovery of gas so stored;
F14ba
the unloading of gas at any place in, under or over such waters;
c
the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of such waters;
d
the provision of accommodation for persons who work on or from an installation satisfying the condition in F17any of paragraphs (a) to (c) of subsection (1).
3
Subsection (1) shall not apply to an installation in respect of which an order under section 22 has effect, or to one which—
a
is connected with dry land by a permanent structure providing access at all times and for all purposes, or
b
does not project above the sea at any state of the tide.
4
The Secretary of State may by order exclude any installation or any description of installation from the operation of subsection (1), and may do so generally or by reference to specified activities or locations or in any other way.
5
A safety zone established by subsection (1) shall extend to every point within 500 metres of any part of the installation (ignoring any moorings) and to every point in the water which is vertically above or below such a point.
6
A safety zone established by subsection (1) may extend to waters outside waters to which subsection (7) applies.
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The waters to which this subsection applies are—
a
tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of the territorial sea, and
b
waters in an area designated under section 1(7) of the Continental Shelf Act 1964.
F138
In this section “ gas ” means gas within the meaning of section 2(4) of the Energy Act 2008.
P1C5C6C722 Establishment of safety zones by order.
P2P31
The Secretary of State may by order establish a safety zone around any installation which, or part of which, is stationed in waters to which subsection (7) of section 21 applies, or is being assembled or dismantled in such waters.
P2P32
The area of a safety zone established by an order under this section shall be defined in the order and may extend outside waters to which subsection (7) of section 21 applies, but shall not extend to any point which would be outside a zone defined in accordance with subsection (5) of that section.
3
An order under this section may be made in anticipation of an installation’s arriving at its station, so as to come into force when it does so.
C9C10E2C1623 Safety zones: offences.
1
Where by virtue of this Act there is a safety zone around an installation, no vessel shall enter or remain in the zone except—
a
in the case of a safety zone established by an order under section 22, in accordance with that order, or
b
in that or any other case, in accordance with regulations made F4by the Secretary of State or a consent given by the Health and Safety Executive.
2
If a vessel enters or remains in a safety zone in contravention of subsection (1) then, subject to subsection (3), its owner and its master shall each be guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
3
It shall be a defence for a person charged with an offence under this section to prove that the presence of the installation or the existence of the safety zone was not, and would not on reasonable enquiry have become, known to the master.
4
Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Where an offence committed by a body corporate under this section is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6
Where the affairs of a body corporate are managed by its members, subsection (5) shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
7
Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
8
In this section “vessel” includes a hovercraft, submersible apparatus (within the meaning of section F588(4) of the Merchant Shipping Act 1995) and an installation in transit; and “master”—
a
in relation to a hovercraft, means the captain,
b
in relation to submersible apparatus, means the person in charge of the apparatus, and
c
in relation to an installation in transit, means the person in charge of the transit operation.
C8E1C1623 Safety zones: offences.
1
Where by virtue of this Act there is a safety zone around an installation, no vessel shall enter or remain in the zone except—
a
in the case of a safety zone established by an order under section 22, in accordance with that order, or
2
If a vessel enters or remains in a safety zone in contravention of subsection (1) then, subject to subsection (3), its owner and its master shall each be guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
3
It shall be a defence for a person charged with an offence under this section to prove that the presence of the installation or the existence of the safety zone was not, and would not on reasonable enquiry have become, known to the master.
4
Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Where an offence committed by a body corporate under this section is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6
Where the affairs of a body corporate are managed by its members, subsection (5) shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
7
Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
8
In this section “vessel” includes a hovercraft, submersible apparatus (within the meaning of section F388(4) of the Merchant Shipping Act 1995) and an installation in transit; and “master”—
a
in relation to a hovercraft, means the captain,
b
in relation to submersible apparatus, means the person in charge of the apparatus, and
c
in relation to an installation in transit, means the person in charge of the transit operation.
C12C13E4C1424 Safety zones: supplementary.
1
For the purposes of sections 21 to 23—
a
any floating structure or device maintained on a station by whatever means, and
b
any apparatus or works treated as associated with a pipe or system of pipes by F10section 26 of the Petroleum Act 1998 (but not anything else within the definition of pipe-line in that section),
shall be taken to be an installation.
2
Any power to make orders or regulations under sections 21 to 23 shall be exercisable by statutory instrument, and a statutory instrument containing an order under section 21 or regulations under section 23 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F112A
3
Sections 21 to 23—
a
so far as they apply to individuals, apply to them whether or not they are British citizens, and
b
so far as they apply to bodies corporate, apply to them whether or not they are incorporated in any part of the United Kingdom.
4
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11E3C1424 Safety zones: supplementary.
1
For the purposes of sections 21 to 23—
a
any floating structure or device maintained on a station by whatever means, and
b
any apparatus or works treated as associated with a pipe or system of pipes by section F626 of the Petroleum Act 1998 (but not anything else within the definition of pipe-line in that section),
shall be taken to be an installation.
2
Any power to make orders or regulations under sections 21 to 23 shall be exercisable by statutory instrument, and a statutory instrument containing an order under section 21 or regulations under section 23 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F72A
3
Sections 21 to 23—
a
so far as they apply to individuals, apply to them whether or not they are British citizens, and
b
so far as they apply to bodies corporate, apply to them whether or not they are incorporated in any part of the United Kingdom.
4
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .