C1Part 5Work

Annotations:
Modifications etc. (not altering text)

Chapter 4Supplementary

I182Offshore work

1

Her Majesty may by Order in Council provide that in the case of persons in offshore work—

a

specified provisions of this Part apply (with or without modification);

b

Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Part applies (with or without modification).

2

The Order may—

a

provide for these provisions, as applied by the Order, to apply to individuals (whether or not British citizens) and bodies corporate (whether or not incorporated under the law of a part of the United Kingdom), whether or not such application affects activities outside the United Kingdom;

b

make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in respect of offences, causes of action or other matters arising in connection with offshore work;

c

exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions mentioned in subsection (1) in connection with offshore work;

d

provide that such proceedings must not be brought without such consent as may be required by the Order.

3

“Offshore work” is work for the purposes of—

a

activities in the territorial sea adjacent to the United Kingdom,

b

activities such as are mentioned in subsection (2) of section 11 of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section, or

c

activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies.

4

Work includes employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.

5

Northern Ireland legislation includes an enactment contained in, or in an instrument under, an Act that forms part of the law of Northern Ireland.

6

In the application to Northern Ireland of subsection (2)(b), the reference to employment tribunals is to be read as a reference to industrial tribunals.

7

Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.