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Offshore Safety Act 1992

Status:

This is the original version (as it was originally enacted).

3Provisions consequential on sections 1 and 2

(1)In consequence of the provision made or authorised to be made by section 1 above, the following shall cease to have effect, namely—

(a)section 1(4) of the [1964 c. 29.] Continental Shelf Act 1964 (model clauses to include provision for the safety, health and welfare of persons employed on offshore operations);

(b)section 84(5) of the 1974 Act (inspectors not to institute proceedings for offences under Part I committed outside Great Britain);

(c)in the [1975 c. 74.] Petroleum and Submarine Pipe-lines Act 1975, section 28(2)(b) (notices with respect to unsafe works) and, so far as relating to proceedings for offences created by regulations under section 26 or 27, section 29(2) (institution of proceedings);

(d)in the [1982 c. 23.] Oil and Gas (Enterprise) Act 1982, section 27(3) (prosecutions) so far as relating to prosecutions for offences under the [1971 c. 61.] Mineral Workings (Offshore Installations) Act 1971 or section 23 of the [1987 c. 12.] Petroleum Act 1987; and

(e)in the [S.I. 1988/1213.] Petroleum (Production) (Seaward Areas) Regulations 1988, clause 26 of the model clauses set out in Schedule 4 and clause 11 of the model clauses set out in Schedule 5.

(2)Also in consequence of that provision—

(a)any incorporation in a licence of a model clause specified in Schedule 1 to this Act shall cease to have effect;

(b)any functions of the Secretary of State under a licence, or under section 2 of the [1934 c. 36.] Petroleum (Production) Act 1934, may be exercised without regard to safety considerations; and

(c)nothing done in the exercise of any such functions shall prejudice or affect the operation of the relevant statutory provisions within the meaning of Part I of the 1974 Act or any requirements imposed under those provisions.

(3)In consequence of the provision made by section 2 above, in the [1986 c. 44.] Gas Act 1986—

(a)section 18(1) (safety regulations) shall cease to have effect;

(b)section 47(5) (restriction on institution of proceedings) shall cease to have effect so far as relating to proceedings for offences created by regulations made or having effect under section 16 so far as relating to standards affecting safety;

(c)in sub-paragraph (2) of paragraph 6 of Schedule 8 (savings), for the words “the general purpose mentioned in section 18(1) of this Act” there shall be substituted the words “the general purpose of protecting the public from personal injury, fire, explosions and other dangers arising from the transmission or distribution of gas through pipes, or from the use of gas supplied through pipes”; and

(d)after that sub-paragraph there shall be inserted the following sub-paragraph—

(2A)In sub-paragraph (2) above “gas” has the same meaning as in Part I of this Act.

(4)In this section “licence” means a licence granted under section 2 of the [1934 c. 36.] Petroleum (Production) Act 1934, whether before or after the commencement of this section.

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