The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996

11.  After regulation 15 there shall be inserted the following regulations: E+W+S

“ Verification schemes for safety-critical elements

15A.— (1) Subject to paragraph (2), the operator of a fixed installation shall, at such time before completion of the design as is identified by regulation 4(1), ensure that—

(a) a record is made of the safety-critical elements;

(b) comment on the record by an independent and competent person is invited;

(c) a verification scheme is drawn up by or in consultation with such person;

(d) a note is made of any reservation expressed by such person as to the contents of—

(i) the record; or

(ii) the scheme; and

(e) such scheme is put into effect.

(2) Where, in the case of a fixed installation, the time referred to in paragraph (1) has at the coming into force of this regulation expired, the operator shall ensure that the installation is not operated unless the provisions of sub-paragraphs (a) to (e) of paragraph (1) and regulation 15B have been complied with.

(3) Subject to paragraph (4), the owner of a mobile installation shall, before the installation is moved in relevant waters with a view to its being operated there, ensure that—

(a) a record is made of the safety-critical elements;

(b) comment on the record by an independent and competent person is invited;

(c) a verification scheme is drawn up by or in consultation with such person;

(d) a note is made of any reservation expressed by such person as to the contents of—

(i) the record; or

(ii) the scheme; and

(e) such scheme is put into effect.

(4) Where, at the coming into force of this regulation, a mobile installation is being operated, the owner shall ensure that it does not continue to be operated unless the provisions of sub-paragraphs (a) to (e) of paragraph (3) and regulation 15B have been complied with.

Matters to be included in a verification scheme

15B.   A verification scheme shall provide for the matters contained in Schedule 9.

Review and revision of verification schemes

15C.   The operator, in the case of a fixed installation and the owner, in the case of a mobile installation, shall ensure that, as often as may be appropriate—

(a) the verification scheme is reviewed and, where necessary, revised or replaced by or in consultation with an independent and competent person; and

(b) a note is made of any reservation expressed by such person in the course of drawing it up.

Continuing effect of verification schemes

15D.   The operator of a fixed installation, and the owner of a mobile installation, shall ensure that effect continues to be given to its verification scheme, or any revision or replacement of it, while the installation remains in being.

Defence

15E.— (1) In any proceedings for an offence for a contravention of any of the provisions of regulations 15A to 15D it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove—

(a) that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person"); and

(b) that he took all reasonable precautions, and exercised all due diligence, to avoid the commission of the offence.

(2) The person charged shall not, without the leave of the court, be entitled to rely on the defence in paragraph (1) unless, within a period ending seven clear days—

(a) before the hearing to determine mode of trial, where the proceedings are in England or Wales; or

(b) before the trial, where the proceedings are in Scotland,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

(3) For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the 1974 Act, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.”.