The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1969 Act” means the Employers' Liability (Compulsory Insurance) Act 1969(1);

“the 1971 Act” means the Mineral Workings (Offshore Installations) Act 1971(2);

“the 1995 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995(3);

“apparatus or works” means—

(a)

apparatus or works described in paragraphs (a) to (f); and

(b)

a structure described in paragraph (g),

of the definition of “pipeline” in article 6(2) of the 1995 Order;

“associated structure” means, in relation to an offshore installation, a vessel, aircraft or hovercraft attendant on the installation or any floating structure used in connection with the installation;

“concession owner” in relation to an offshore installation means the person who at any time has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored if, at that time, the installation is, or is to be, used in the exercise of that right;

“duty holder” means—

(a)

in relation to a fixed installation, the operator; and

(b)

in relation to a mobile installation, the owner;

“fixed installation” means an offshore installation other than a mobile installation;

“installation manager” means, in relation to an offshore installation, the person appointed for the purposes of regulation 6(1)(a) who is for the time being in charge of it;

“mobile installation” means an offshore installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;

“offshore installation” shall be construed in accordance with regulation 3;

“operator” in relation to a fixed installation means the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by such installation or, where no such person has been appointed, the concession owner;

“owner” in relation to a mobile installation means the person who controls the operation of the installation;

“pipeline” means a pipeline within the meaning of article 6(2) of the 1995 Order;

“pipeline works” means pipeline works within the meaning of article 6(2) of the 1995 Order;

“relevant employee” means an employee—

(a)

who is ordinarily resident in the United Kingdom, or

(b)

who is not ordinarily resident in the United Kingdom but who has been present in the United Kingdom and relevant waters in the course of employment there for a continuous period of not less than 7 days;

“relevant waters” means—

(a)

tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters; and

(b)

any area designated by order under section 1(7) of the Continental Shelf Act 1964(4); and

“vessel” includes a hovercraft and any floating structure which is capable of being staffed.

(2) Any reference in these Regulations to operating an offshore installation is a reference to using the installation for any of the purposes described in regulation 3(1).

(3) For the purpose of these Regulations any structures and devices on top of a well shall be treated as forming part of the well.

(4) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation is a reference to the regulation in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears; and

(c) a numbered Schedule is a reference to the Schedule in these Regulations so numbered.

(1)

1969 c. 57.

(2)

1971 c. 61; amended by the Oil and Gas (Enterprise) Act 1982 (c. 23); certain provisions were repealed by S.I. 1993/1823.

(3)

S.I. 1995/263.

(4)

1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), Schedule 3, paragraph 1.