The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015

Regulation 7(3)

SCHEDULE 1 U.K. PARTICULARS TO BE ADDRESSED IN A CORPORATE MAJOR ACCIDENT PREVENTION POLICY

1.  The responsibility of officers of the duty holder for ensuring, on a continuous basis, that the corporate major accident prevention policy is suitable, implemented, and operating as intended. U.K.

2.  Formal command and control systems that include officers and senior management of the duty holder. U.K.

3.  Measures for building and maintaining a strong safety culture with a high likelihood of continuous safe operation. U.K.

4.  The approach to competency at all levels of the duty holder's organisation. U.K.

5.  Measures for rewarding and recognising desired behaviours. U.K.

6.  The evaluation of the duty holder's capabilities and goals. U.K.

7.  The extent and intensity of process auditing. U.K.

8.  Measures for maintenance of safety and environmental protection standards as an organisational core value. U.K.

9.  The extent to which the particulars in paragraphs 1 to 8 are applied in the duty holder's offshore oil and gas operations conducted outside the European Union. U.K.

Regulations 7(3) and 8(4)

SCHEDULE 2 U.K. MATTERS IN ACCORDANCE WITH WHICH THE CORPORATE MAJOR ACCIDENT PREVENTION POLICY AND SAFETY AND ENVIRONMENTAL MANAGEMENT SYSTEM MUST BE PREPARED

1.  The need to take appropriate measures to ensure as far as reasonably practicable that there is no unplanned escape of hazardous substances from pipelines, vessels and systems intended for their safe confinement. In addition, the need to ensure that no single failure of a containment barrier can lead to a major accident. U.K.

2.  The need to pay particular attention to evaluation of the reliability and integrity requirements of all safety and environmental-critical systems and base inspection and maintenance systems on achieving the required level of safety and environmental integrity. U.K.

3.  The need to adopt suitable measures to use suitable technical means or procedures in order to promote the reliability of the collection and recording of relevant data and to prevent possible manipulation of that data. U.K.

4.  The need to ensure there is a suitable framework for monitoring compliance with all relevant statutory provisions by incorporating statutory duties in respect of major hazards control and environmental protection into standard operating procedures. U.K.

5.  The need to pay particular attention to building and maintaining a strong safety culture with a high likelihood of continuous safe operation, including with regard to securing cooperation of employees and contractors through, among other things— U.K.

(a) visible commitment to tripartite consultations and actions arising from them;

(b) encouraging and rewarding reporting of accidents and near-misses;

(c) working effectively with elected safety representatives; and

(d) protecting whistleblowers.

Regulation 8(4)

SCHEDULE 3 U.K. PARTICULARS TO BE ADDRESSED IN A SAFETY AND ENVIRONMENTAL MANAGEMENT SYSTEM

1.  Organisational structure and personnel roles and responsibilities. U.K.

2.  Identification and evaluation of major hazards as well as their likelihood and potential consequences. U.K.

3.  Integration of environmental impact into major accident risk assessments in the safety case. U.K.

4.  Controls of the major hazards during normal operations. U.K.

5.  Emergency planning and response. U.K.

6.  Limitation of damage to the environment. U.K.

7.  Management of change. U.K.

8.  Monitoring of performance. U.K.

9.  Audit and review arrangements. U.K.

10.  The measures in place for participating in tripartite consultations and how actions resulting from those consultations are put into effect. U.K.

Regulation 10(1) and 12(1)

SCHEDULE 4 U.K. MATTERS TO BE PROVIDED FOR IN A VERIFICATION SCHEME AND A WELL EXAMINATION SCHEME

PART 1 U.K. Matters to be provided for in a verification scheme

1.  The principles to be applied by the duty holder— U.K.

(a) in selecting a verifier to perform functions under the scheme; and

(b) in keeping the scheme under review.

2.  The arrangements for the communication to the verifier of information necessary for the proper implementation, or revision, of the scheme. U.K.

3.  The nature and frequency of examination and testing. U.K.

4.  The arrangements for the making and preservation of records showing— U.K.

(a) the examination and testing carried out;

(b) the findings of the examination and testing;

(c) any remedial action recommended; and

(d) the remedial action performed.

5.  The arrangements for communicating the matters specified in paragraph 4 to an appropriate level in the management system of the duty holder for the installation. U.K.

6.  The arrangements for review and revision of the scheme. U.K.

PART 2 U.K. Matters to be provided for in a well examination scheme

1.  The principles to be applied by the well operator— U.K.

(a) in selecting a well examiner to perform functions under the scheme; and

(b) in keeping the scheme under review.

2.  The arrangements for the communication to the well examiner of information necessary for the proper implementation of the scheme. U.K.

3.  The nature and frequency of examination. U.K.

4.  The arrangements for the making and preservation of records showing— U.K.

(a) the examination carried out;

(b) the findings of the examination;

(c) any remedial action recommended; and

(d) the remedial action performed.

5.  The arrangements for communicating the matters specified in paragraph 4 to an appropriate level in the management system of the well operator. U.K.

6.  The arrangements for review of the scheme. U.K.

Regulations 15(1) and (3) and 19(1)

SCHEDULE 5 U.K. PARTICULARS TO BE INCLUDED IN A DESIGN NOTIFICATION OR A RELOCATION NOTIFICATION FOR A PRODUCTION INSTALLATION

1.  The name and address of the operator of the installation. U.K.

2.  A general description of the means by which the management system of the operator will ensure that the structure and plant of the installation will be designed, selected, constructed and commissioned in a way which will control major accident risks to comply with the relevant statutory provisions. U.K.

3.  A description of the design process from an initial concept to the submitted design or selection of an existing installation, the relevant standards used and the design philosophy used to guide the process. U.K.

4.  A description of— U.K.

(a) the chosen design concept in relation to the major hazard scenarios for the particular installation and its intended location, and the primary risk control features, including suitable diagrams, and a summary of the other design options which were considered;

(b) how the chosen design concept is intended to ensure—

(i) compliance with the requirements set out in regulations 5 (requirements as to operational integrity and composition) and 10 (integrity in dismantlement) of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 M1 ; and

(ii) that risks with the potential to cause a major accident are reduced to the lowest level that is reasonably practicable; and

(c) the criteria used to select the chosen design concept and the process by which the selection was made.

Marginal Citations

M1 S.I. 1996/913, to which there is an amendment not relevant to these Regulations.

5.  A suitable plan of the intended location of the installation and of anything which may be connected to it, and particulars of— U.K.

(a) the meteorological and oceanographic conditions to which the installation may foreseeably be subject; and

(b) the properties of the seabed and subsoil at its intended location.

6.  A description of any environmental, meteorological and seabed limitations on safe operations, and the arrangements for identifying risks from seabed and marine hazards such as pipelines and the moorings of adjacent installations. U.K.

7.  Particulars of the types of operation, and activities in connection with an operation, which the installation is capable of performing. U.K.

8.  A description of— U.K.

(a) the principal systems on the installation;

(b) the installation layout;

(c) the process technology to be used;

(d) the principal features of any pipeline;

(e) any petroleum-bearing reservoir intended to be exploited using the installation; and

(f) the basis of design for any well to be connected to the installation.

9.  A description of the verification scheme which complies with regulation 13(1) and an initial list of the safety and environmental-critical elements and their required performance. U.K.

10.  A general description of the safety and environmental management system by which the intended major accident risk control measures are to be maintained in good effect. U.K.

11.  Where a non-production installation is to be converted for use as a production installation, a justification demonstrating that the installation is suitable for such conversion. U.K.

12.  Where a production installation is to be moved to a new location to serve a different production operation, a demonstration that the installation is suitable for the proposed production operation. U.K.

Regulations 17(1)(a) and 19(7)(a)

SCHEDULE 6 U.K. PARTICULARS TO BE INCLUDED IN A SAFETY CASE FOR THE OPERATION OF A PRODUCTION INSTALLATION

1.  The name and address of the operator of the installation. U.K.

2.  The maximum number of persons— U.K.

(a) expected to be on the installation at any time;

(b) that may, in normal operating conditions and within design constraints, be on the installation at any time; and

(c) for whom accommodation is to be provided.

3.  A copy of the operator's corporate major accident prevention policy, where the operator is required to have one. U.K.

4.  A summary of any worker involvement in the preparation of the safety case, including how any safety representatives for that installation were consulted with regard to the revision, review or preparation of the safety case pursuant to regulation 23(2)(c)(i) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 M2 . U.K.

Marginal Citations

M2 S.I. 1989/971, amended by paragraph 10, Part 2 of Schedule 2 to S.I. 1995/738 and paragraph (1)(d) of Schedule 9 to S.I. 2005/3117.

5.  An adequate description of the operator's safety and environmental management system, including information from it that is relevant to the production installation. U.K.

6.  A description of the verification scheme which complies with regulation 13(1). U.K.

7.  A description of the extent to which the operator has taken into account any matters raised by the competent authority pursuant to regulations 15(2) or 19(2). U.K.

8.  A description of the main requirements in the specification for the design of the installation and its plant, which must include— U.K.

(a) any limits for safe operation or use specified therein;

(b) a description of how the operator has ensured, or will ensure, compliance with regulation 4 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996;

(c) a description of how the duty holder has ensured, or will ensure, the suitability of the safety and environmental-critical elements;

(d) a description of how the duty holder—

(i) where the duty holder is also the pipeline operator, has ensured, or will ensure, compliance with regulation 11 of the Pipelines Safety Regulations 1996 M3 ; or

(ii) where the duty holder is not also the pipeline operator, has co-operated or will cooperate with the operator in relation to a pipeline to ensure compliance with regulation 11 of the Pipelines Safety Regulations 1996; and

(e) any relevant codes, standards and guidance used in the construction and commissioning of the installation.

Marginal Citations

M3 S.I. 1996/825, to which there are amendments not relevant to these Regulations.

9.  In paragraph 8(d) “ pipeline operator”, in relation to a pipeline, means— U.K.

(a) the person who is to have or (once fluid or any mixture of fluids is conveyed) has control over the conveyance of fluid or any mixture of fluids in the pipeline;

(b) until that person is known (should there be a case where at a material time that person is not yet known) the person who is to commission or (where commissioning has started) commissions the design and construction of the pipeline; or

(c) when a pipeline is no longer used or is not for the time being used, the person last having control over the conveyance of fluid or any mixture of fluids in it.

10.  A suitable plan of the location of the installation and of anything connected to it, and particulars of— U.K.

(a) the meteorological and oceanographic conditions to which the installation may foreseeably be subjected; and

(b) the properties of the seabed and subsoil at its location.

11.  A description, with suitable diagrams, of the installation, including a description of— U.K.

(a) the main and secondary structure of the installation and its materials;

(b) its plant;

(c) the layout and configuration of its plant;

(d) any connections to any pipeline or other installation; and

(e) any well connected or to be connected to the installation.

12.  Particulars of the types of operation, and activities in connection with an operation, including both those— U.K.

(a) which the installation is capable of performing; and

(b) which are to be carried out.

13.  Particulars of the plant and arrangements for— U.K.

(a) the control of any well operations, including those—

(i) to control pressure in a well;

(ii) to prevent the uncontrolled release of hazardous substances; and

(iii) to minimise the effects of damage to subsea equipment by drilling equipment;

(b) process safety;

(c) the containment of hazardous substances (not already addressed under subparagraph (a)(ii));

(d) the prevention of fire and explosion; and

(e) the protection of the environment from a major accident.

14.  A description of any pipeline with the potential to cause a major accident, including— U.K.

(a) the fluid which it conveys;

(b) its dimensions and layout;

(c) its contained volume at declared maximum allowable operating pressure; and

(d) any apparatus and works intended to secure safety,

together with a summary of the document prepared under regulation 23 of the Pipelines Safety Regulations 1996.

15.  A description of how the operator has ensured, or will ensure, compliance with regulation 4(1) of the PFEER Regulations. U.K.

16.  Particulars of information obtained pursuant to the PFEER Regulations and the Management Regulations, so far as— U.K.

(a) relevant to the prevention of a major accident, and

(b) not otherwise required to be provided pursuant to this Schedule.

17.  In respect of operations to be conducted from the installation, any information relating to the prevention of major accidents resulting in significant or serious damage to the environment relevant to other requirements under the relevant statutory provisions, obtained pursuant to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M4 . U.K.

Marginal Citations

M4 OJ L 26, 28.1.2012, p1.

18.  A description of the plant used and arrangements made for protecting persons on the installation from hazardous substances, including toxic gas, at all times. U.K.

19.  A description of the measures taken or to be taken or the arrangements made or to be made for the protection of persons on the installation from hazards, including explosion, fire, heat, smoke, toxic gas or fumes in particular during any period while they may need to remain on the installation following an incident which is beyond immediate control and for enabling such persons to be evacuated or rescued from the installation where necessary, including provision for— U.K.

(a) temporary refuge;

(b) routes from locations where persons may be present to temporary refuge and for egress therefrom to points from where the installation may be evacuated;

(c) means of evacuation at those points; and

(d) facilities within temporary refuge for the monitoring and control of the incident and for organising evacuation.

20.  Arrangements for the maintenance of control systems to prevent damage to the installation and the environment in the event that all personnel are evacuated. U.K.

21.  The description of the internal emergency response arrangements. U.K.

22.  The assessment produced pursuant to paragraph 2(j) of Schedule 2 to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 M5 . U.K.

Marginal Citations

M5 S.I. 1998/1056. Schedule 2 was inserted by the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015 (S.I. 2015/386).

23.  Particulars of any combined operations which may involve the installation, including— U.K.

(a) a summary of the arrangements in place for co-ordinating the management systems of all duty holders involved in any such combined operation;

(b) a summary of the arrangements in place for a joint review of the safety aspects of any such combined operation by all duty holders involved, which must include the identification of hazards with the potential to cause a major accident and the assessment of risks which may arise during any such combined operation;

(c) the plant likely to be used during any such combined operation; and

(d) the likely impact any such combined operation may have on the installations involved.

24.  Any other relevant details. U.K.

Regulation 18(1)(a)

SCHEDULE 7 U.K. PARTICULARS TO BE INCLUDED IN A SAFETY CASE FOR A NON-PRODUCTION INSTALLATION

1.  The name and address of the owner of the installation. U.K.

2.  The maximum number of persons— U.K.

(a) expected to be on the installation at any time;

(b) that may, in normal operating conditions and within design constraints, be on the installation at any time; and

(c) for whom accommodation is to be provided.

3.  A copy of the owner's corporate major accident prevention policy, where the operator is required to have one. U.K.

4.  A summary of any worker involvement in the preparation of the safety case, including how any safety representatives for that installation were consulted with regard to the revision, review or preparation of the safety case pursuant to regulation 23(2)(c)(i) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989. U.K.

5.  An adequate description of the owner's safety and environmental management system, including information from it that is relevant to the non-production installation. U.K.

6.  A description of the verification scheme which complies with regulation 13(1). U.K.

7.  A description of the main requirements in the specification for the design of the installation and its plant, which must include— U.K.

(a) any limits for safe operation or use specified therein;

(b) a description of how the owner has ensured, or will ensure, compliance with regulation 4 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996;

(c) a description of how the owner has ensured, or will ensure, the suitability of the safety and environmental-critical elements; and

(d) any relevant codes, standards and guidance used in the construction and commissioning of the installation.

8.  Particulars of— U.K.

(a) the limits of the environmental and meteorological conditions beyond which the installation cannot safely be stationed or operated;

(b) the properties of the seabed and subsoil which are necessary for the safe stationing and operation of the installation; and

(c) the locations in which the installation may be stationed and operated safely.

9.  A description of the arrangements for— U.K.

(a) identifying the risks from seabed and marine hazards, including the routes and locations of pipelines, moorings of adjacent installations, wells and other subsea equipment; and

(b) assessing the risks that they pose to the installation.

10.  A description, with suitable diagrams, of the installation, including a description of— U.K.

(a) the main and secondary structure of the installation and its materials;

(b) its plant;

(c) the layout and configuration of its plant; and

(d) in the case of a mobile installation, its means of transfer between locations and its stationing system.

11.  Particulars of the types of operation, and activities in connection with an operation, which the installation is capable of performing. U.K.

12.  Particulars of the plant and arrangements for the control of— U.K.

(a) any well operations, including those—

(i) to control pressure in a well;

(ii) to prevent the uncontrolled release of hazardous substances; and

(iii) to minimise the effects of damage to subsea equipment by drilling equipment;

(b) process safety;

(c) the containment of hazardous substances (not already addressed under subparagraph (a)(ii);

(d) the prevention of fire and explosion; and

(e) the protection of the environment from a major accident.

13.  A description of how the duty holder has ensured, or will ensure, compliance with regulation 4(1) of the PFEER Regulations. U.K.

14.  In respect of operations to be conducted from the installation, any information relating to the prevention of major accidents resulting in significant or serious damage to the environment relevant to other requirements under the relevant statutory provisions, obtained pursuant to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment. U.K.

15.  A description of the plant used and arrangements made for protecting persons on the installation from hazardous substances including toxic gas at all times. U.K.

16.  A description of the measures taken or to be taken or the arrangements made or to be made for the protection of persons on the installation from hazards, including explosion, fire, heat, smoke, toxic gas or fumes in particular during any period while they may need to remain on the installation following an incident which is beyond immediate control and for enabling such persons to be evacuated or rescued from the installation where necessary, including provision for— U.K.

(a) temporary refuge;

(b) routes from locations where persons may be present to temporary refuge and for egress therefrom to points from where the installation may be evacuated;

(c) means of evacuation at those points; and

(d) facilities within temporary refuge for the monitoring and control of the incident and for organising evacuation.

17.  The description of the internal emergency response arrangements. U.K.

18.  The assessment produced pursuant to paragraph 2(j) of Schedule 2 to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998. U.K.

19.  Particulars of any combined operations which may involve the installation, including— U.K.

(a) a summary of the arrangements in place for co-ordinating the management systems of all duty holders involved in any such combined operation;

(b) a summary of the arrangements in place for a joint review of the safety aspects of any such combined operation by all duty holders involved, which must include the identification of hazards with the potential to cause a major accident and the assessment of risks which may arise during any such combined operation;

(c) the plant likely to be used during any such combined operation; and

(d) the likely impact any such combined operation may have on the installations involved.

20.  Any other relevant details. U.K.

Regulation 20(1)(a)

SCHEDULE 8 U.K. PARTICULARS TO BE INCLUDED IN A CURRENT SAFETY CASE IN RESPECT OF THE DISMANTLING OF A FIXED INSTALLATION

1.  The name and address of the operator of the installation. U.K.

2.  The maximum number of persons expected to be on the installation at any time during its dismantling. U.K.

3.  A summary of any worker involvement in the revised safety case, including how any safety representatives for that installation were consulted with regard to the revision of the safety case pursuant to regulation 23(2)(c)(i) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989. U.K.

4.  The dates on which dismantling is expected to commence and finish. U.K.

5.  A description of how the proposed arrangements, methods and procedures for dismantling the installation and connected pipelines take adequate account of the design and method of construction of the installation and its plant. U.K.

6.  In the case of the dismantling of a fixed production installation— U.K.

(a) information on the means of isolating all hazardous substances and, in the case of any well connected to the installation, the permanent sealing of the well from the installation and the environment;

(b) a description of the risks of a major accident associated with the decommissioning of the installation to workers and the environment, the total exposed population, and the risk control measures;

(c) information on the emergency response arrangements to secure safe evacuation and rescue of personnel and to maintain control systems for preventing a major accident to the environment.

7.  A description of how the operator will comply with regulation 4(1) of the PFEER Regulations with regard to the dismantling of the installation. U.K.

8.  A description of arrangements made for protecting persons on the installation from toxic gas at all times other than during any period while they may need to remain on the installation following an incident which is beyond immediate control. U.K.

9.  Sufficient details to update the description of the internal emergency response arrangements— U.K.

(a) in the case of a production installation, under paragraph 21 of Schedule 6; or

(b) in the case of a non-production installation, paragraph 17 of Schedule 7.

Regulation 21(1) and (2)

SCHEDULE 9 U.K. PARTICULARS TO BE INCLUDED IN A NOTIFICATION OF WELL OPERATIONS

1.  The name and address of the well operator. U.K.

2.  Where the well operation is to be carried out— U.K.

(a) from an installation, the name of the installation and the name and address of the duty holder for that installation; or

(b) by means of a vessel (not being an installation), the name of that vessel.

3.  Particulars of the fluids to be used to control the pressure of the well. U.K.

4.  Particulars of any plant, not described in the current safety case for the installation, which is to be used in connection with the well operation. U.K.

5.  Particulars of the type of well, its number, and slot number, association with installations, and the name of any field development of which it may be part. U.K.

6.  A description of the well operation and a programme of works which includes— U.K.

(a) the date on which the well operation is expected to commence and finish;

(b) the intended operational state of the well at the end of the well operation, including whether it is intended to be permanently or temporarily abandoned and whether production equipment is to be placed into the well for future use;

(c) details of barriers against loss of well control (including the equipment, drilling fluids and cement);

(d) directional control of the well path; and

(e) limitations on safe operations in keeping with the risk management.

7.  A description of— U.K.

(a) any activities on or in connection with an installation or a vessel (not being an installation) during the well operation described pursuant to paragraph 6 which may involve any hazards with the potential to cause a major accident; and

(b) such hazards.

8.  In the case of a well which is to be drilled— U.K.

(a) particulars, with suitable diagrams, of—

(i) the location of the top of the well;

(ii) the directional path of the well-bore;

(iii) its terminal depth and location; and

(iv) its position, and that of nearby wells, relative to each other;

(b) particulars of the geological strata and formations, and of fluids within them, through which it will pass, and of any hazards with the potential to cause a major accident which they may contain;

(c) the procedures for effectively monitoring the direction of the well-bore, and for minimising the likelihood and effects of intersecting nearby wells; and

(d) a description of the design of the well, including the limits on its safe operation and use.

9.  In the case of an existing well— U.K.

(a) a diagram of the well;

(b) a summary of earlier operations in relation to it;

(c) the purposes for which it has been used;

(d) its current operational state;

(e) its state of repair;

(f) the physical conditions within it; and

(g) its production capacity.

10.  Where a well operation is to be carried out from a non-production installation or a vessel (not being an installation)— U.K.

(a) particulars of—

(i) the meteorological and oceanographic conditions to which that installation or, as the case may be, vessel may foreseeably be subjected;

(ii) the depth of water; and

(iii) the properties of the seabed and subsoil at the location at which the well operation will be carried out; and

(b) a description of how the well operator and—

(i) the owner of the installation; or

(ii) the operator and owner of the vessel,

involved in the well operation will co-ordinate their management systems so as to reduce the risks from a major accident to comply with the relevant statutory provisions.

11.  The report made under regulation 11(2)(b) in relation to the well operation, addressing in particular the matters in paragraph 6(c) to (e), together with a description of the actions of the well operator in response to the report. U.K.

12.  A risk assessment incorporating a description of— U.K.

(a) the particular hazards associated with the well operation including any environmental, meteorological and seabed limitations on safe operations;

(b) the subsurface hazards;

(c) any surface or subsea operations which introduce simultaneous major hazard potential; and

(d) suitable control measures.

13.  Where a well is to be constructed, modified or maintained by means of a non-production installation, additional information as follows— U.K.

(a) a description of any environmental, meteorological and seabed limitations on safe operations, and arrangements for identifying risks from seabed and marine hazards such as pipelines and the moorings of adjacent installations;

(b) a description of environmental conditions that have been taken into account within the internal emergency response arrangements for the installation;

(c) the description of the internal emergency response arrangements and a description of arrangements for responding in cases of major environmental incidents that are not described in the safety case; and

(d) a description of how the management systems of the well operator and the owner are to be coordinated to ensure effective control of major hazards at all times.

14.  Particulars of information obtained pursuant to the PFEER Regulations and the Management Regulations, so far as— U.K.

(a) relevant to the prevention of a major accident, and

(b) not otherwise required to be provided pursuant to this Schedule.

15.  In respect of a well operation to be conducted, particulars of information relevant to the relevant statutory provisions obtained pursuant to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M6 . U.K.

Marginal Citations

M6 OJ L 26, 28.1.2012, p1.

16.  An adequate description of the well operator's safety and environmental management system (unless such a description has already been submitted by the well operator under another provision of these Regulations). U.K.

Regulation 22(1)

SCHEDULE 10 U.K. PARTICULARS TO BE INCLUDED IN A NOTIFICATION OF COMBINED OPERATIONS

1.  The name and address of the duty holder submitting the notification. U.K.

2.  The name and address of each duty holder preparing the notification and a confirmation that every such duty holder has agreed to the contents of the notification. U.K.

3.  A description of the combined operation and a programme of work, which must include the dates on which the combined operation is expected to commence and finish. U.K.

4.  Particulars of any plant to be used in connection with the combined operation but which is not described in the current safety case for any of the installations involved in the combined operation. U.K.

5.  A summary of the joint review referred to in paragraph 23(b) of Schedule 6 or paragraph 19(b) of Schedule 7, which must include— U.K.

(a) a description of any activities during the combined operation which may involve hazards with the potential to cause a major accident on or in connection with an installation; and

(b) a description of any risk control measures introduced as a result of that review.

6.  A description, by reference to a bridging document authorised by all parties to the document, of how the management systems for the installations involved in the combined operation will be co-ordinated so as to reduce the risks from a major accident to comply with the relevant statutory provisions. U.K.

Regulation 32(4)

SCHEDULE 11 U.K. MATTERS TO BE CONSIDERED IN PREPARING AND REVISING STANDARDS AND GUIDANCE ON BEST PRACTICE IN RELATION TO THE CONTROL OF MAJOR HAZARDS

1.  Effective risk management. U.K.

2.  Management and supervision of major hazard operations. U.K.

3.  Competency of key post holders. U.K.

4.  Reliable decision making. U.K.

5.  Effectively integrating safety and environmental management systems between operators and owners and other entities involved in oil and gas operations. U.K.

6.  Key performance indicators. U.K.

7.  Improving well integrity, well control equipment and barriers and monitoring their effectiveness. U.K.

8.  Improving primary containment. U.K.

9.  Improving secondary containment that restricts escalation of an incipient major accident, including well blow-outs. U.K.

10.  Reliability assessment for safety and environmental-critical systems. U.K.

Regulation 37(2)

SCHEDULE 12 U.K. APPEALS

PART 1 U.K. General

1.  In this Schedule— U.K.

“appeal” means an appeal under regulation 37;

“appellant” means a person who has brought an appeal;

“appointed person” means a person appointed in accordance with paragraph 2;

“hearing” means a hearing to which Part 2 of this Schedule applies; and

“the parties” means the appellant and the competent authority.

2.  The Secretary of State must direct that an appeal be determined by a person whom the Secretary of State appoints for the purpose and the Secretary of State must notify the parties in writing of the name of the appointed person. U.K.

3.  Before the determination of an appeal, the appointed person must ask the parties whether they wish to appear and be heard on the appeal and— U.K.

(a) the appeal may be determined without a hearing of the parties if both of them express a wish not to be heard; or

(b) the appointed person must, if either party expresses a wish to appear and be heard, afford both of them an opportunity of so doing, in which case the provisions of Part 2 of this Schedule apply.

4.  An appointed person may give such directions as the appointed person considers are appropriate to give effect to the determination. U.K.

5.  The Secretary of State may pay to an appointed person such remuneration and allowances as the Secretary of State may, with the approval of the Minister for the Civil Service, determine. U.K.

PART 2 U.K. Hearing

6.—(1) Subject to the following sub-paragraphs of this paragraph, a date, time and place for the holding of the hearing must be fixed by the appointed person, who must give not less than 28 days' notice in writing of such date, time and place to the parties. U.K.

(2) With the consent of the parties, the appointed person may give such lesser period of notice as is agreed with the parties and in that event the appointed person may specify a date for service of the statement referred to in paragraph 7(1) later than the date determined in accordance with that paragraph.

(3) Where it becomes necessary or advisable to vary the date, time or place fixed for the hearing, the appointed person must give such notice of the variation as may appear to the appointed person to be reasonable in the circumstances.

7.—(1) Not later than 21 days before the date of the hearing, or such later date as the appointed person may specify in accordance with paragraph 6(2), the competent authority must serve on the appellant a written statement of any submission which the competent authority proposes to put forward at the hearing and supply a copy of the statement to the appointed person. U.K.

(2) Where the competent authority intends to refer to or put in evidence documents (including photographs and plans) at the hearing—

(a) the statement of the competent authority must be accompanied by a list of those documents together with a written notice stating the times and place at which the documents may be inspected by the appellant; and

(b) the competent authority must afford the appellant a reasonable opportunity to inspect and, where practicable, to take copies of those documents.

(3) If so required by the appointed person, the appellant must—

(a) serve on the competent authority and on the appointed person, within such time before the hearing as the appointed person may specify, a written statement of the submissions which the appellant proposes to put forward at the hearing accompanied by a list of any documents (including photographs and plans) which the appellant intends to refer to or put in evidence at the hearing; and

(b) afford the competent authority a reasonable opportunity to inspect and, where practicable, to take copies of those documents.

8.—(1) The parties are entitled to appear at the hearing. U.K.

(2) Any other person may appear at the discretion of the appointed person provided that the person has, not later than seven days before the date of the hearing, served on the competent authority a statement of the person's proposed submissions.

(3) The competent authority must send a copy of every statement served on it in accordance with subparagraph (2) to the appointed person and to the appellant.

(4) A body corporate may appear by its clerk or secretary or by any other officer appointed for the purpose by that body, or by counsel or a solicitor.

(5) A person may appear in person or be represented by counsel, a solicitor or any other person.

(6) Where there are two or more persons having a similar interest in the subject matter of the hearing, the appointed person may allow one or more persons to appear for the benefit of some or all persons so interested.

9.—(1) All hearings must be held in private. U.K.

(2) Except as otherwise provided in this Part, the procedure of the hearing is to be such as the appointed person determines and the appointed person must state at the commencement of the hearing the procedure which, subject to consideration of any submission by the parties, it is proposed to adopt.

(3) Unless in a particular case the appointed person, with the consent of the appellant, otherwise determines, the appellant must be heard first and must have the right of final reply.

(4) The parties must be entitled to make an opening statement, call evidence and cross-examine persons giving evidence but any other person appearing at the hearing may only do so to the extent permitted by the appointed person.

(5) Subject to sub-paragraph (6), any evidence may be admitted at the discretion of the appointed person, who may direct that documents tendered in evidence may be inspected by any person entitled or permitted to appear at the hearing and that facilities be afforded to take or obtain copies of those documents.

(6) The appointed person may not require or permit the giving or production of any evidence, whether written or oral, which would be contrary to the public interest.

(7) The appointed person may allow the parties to alter or add to the submissions contained in any statement served under paragraph 7(1) or (3), or to any list of documents which accompanied such statement, so far as may be necessary for the purpose of determining the questions in controversy between them, but must (if necessary, by adjourning the hearing) give the other party an adequate opportunity of considering any such fresh submission or document.

(8) If any person entitled to appear at the hearing fails to appear, the appointed person may proceed with the hearing.

(9) The appointed person is entitled to take into account any written representations or statements received by the appointed person before the hearing from any person, subject to disclosure of such representations or statements at the hearing.

(10) The appointed person may from time to time adjourn the hearing, and where this occurs, must give reasonable notice to every person entitled or permitted to appear at the hearing of the date, time and place of the adjourned hearing.

10.—(1) Where, after the hearing, the appointed person proposes to take into consideration— U.K.

(a) any new evidence, including expert opinion on a matter of fact; or

(b) any new issue of fact, not being a matter of government policy or a matter affecting the safety of the State,

which was not raised at the hearing and which the appointed person considers to be material to a decision, the appointed person must not come to a decision without first notifying the parties of the substance of the new evidence or of the new issue of fact and affording them an opportunity of making representations on the new evidence or new issue of fact in writing within 21 days or of asking within that time for the re-opening of the hearing.

(2) If the appointed person thinks fit, the appointed person may cause the hearing to be re-opened and must cause it to be re-opened if asked to do so in accordance with sub-paragraph (1).

(3) Where a hearing is re-opened, paragraph 6(1) applies as it applied to the original hearing.

11.  The appointed person must notify the decision on the appeal, and the reasons for the decision, in writing to the parties and to any person who, having appeared at the hearing, has asked to be notified of the decision. U.K.

Regulation 38

SCHEDULE 13 U.K. AMENDMENTS AND REVOCATIONS

PART 1 U.K. Amendments

Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 U.K.

1.  The Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 M7 are amended as follows.

Marginal Citations

M7 S.I. 1989/971. In regulation 2, the definition of the “the 2005 Regulations” was inserted by S.I. 2005/3117, Schedule 9, paragraph 1(a)(i) and the definition of “current safety case” was inserted by S.I. 2005/3117, Schedule 9, paragraph 1(a)(ii). Regulation 18A was inserted by S.I. 1992/2885, Schedule 8, paragraph 2 (which is now revoked) and amended by S.I. 2005/3117, Schedule 9, paragraph 1(c)(i) and (ii). S.I. 1992/2885 was revoked by S.I. 2005/3117, its being implicit that the revocation was not intended to remove the effect of the insertion of regulation 18A by S.I. 1992/2885, given the amendment made to regulation 18A by S.I. 2005/3117. Regulation 23(2)(c)(i) was amended by S.I. 2005/3117, Schedule 9, paragraph 1(d). There are other amending instruments but none is relevant.

2.  In regulation 2 (interpretation)— U.K.

(a) after the definition of “the 2005 Regulations” insert—

““the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015;”;

(b) at the end of the definition of “current safety case” insert “ or regulation 2(1) of the 2015 Regulations; ”.

3.  In regulation 18A(1)(a) (safety representative entitlement to summary of current safety case), after “the 2005 Regulations” insert “ or the 2015 Regulations ”. U.K.

4.  In regulation 23(2)(c)(i) (duties of installation operators and owners, and employers) for “the Offshore Installations (Safety Case) Regulations 1992” substitute “ the 2005 Regulations or the 2015 Regulations ”. U.K.

Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 U.K.

5.  The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 M8 are amended as follows.

Marginal Citations

M8 S.I. 1989/1671. The definition of “the 1995 Regulations” was inserted in regulation 2 by S.I. 1995/738, Schedule 2, Part 2, paragraph 13(b). The definition of “person in control” in regulation 2 was amended by S.I. 1995/738, Schedule 2, Part 2, paragraph 13(d) and (e). There are other amending instruments but none is relevant.

6.  In regulation 2 (interpretation)— U.K.

(a) omit the definition of “the 1989 Order”;

(b) after the definition of “the 1995 Regulations” insert—

““the 2013 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013;”;

(c) in paragraph (b) of the definition of “person in control”—

(i) for “section 33(3) of the Petroleum and Submarine Pipe-lines Act 1975” substitute “ section 27(1) of the Petroleum Act 1998 ”; and

(ii) for “the said section 33(3)” substitute “ that section ”;

(d) in the definition of “pipeline” for “article 5 of the 1989 Order” substitute “ article 6 of the 2013 Order ”; and

(e) in the definition of “pipeline works”—

(i) for “(d)” substitute “ (e) ”; and

(ii) for “article 5 of the 1989 Order” substitute “ article 6 of the 2013 Order ”.

7.  In regulation 3(b) (application of Regulations) for “articles 4 and 5 of the 1989 Order” substitute “ articles 4 and 6 of the 2013 Order ”. U.K.

Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 U.K.

8.  The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 M9 are amended as follows.

Marginal Citations

M9 S.I. 1995/738, amended by S.I. 2002/2175 and 2005/3117.

9.  In regulation 2(1) (interpretation)— U.K.

(a) omit the definition of “the 1995 Order”;

(b) before the definition of “apparatus or works” insert—

““the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005;

“the 2013 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013;

“the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety case etc.) Regulations 2015;”;

(c) in the definition of “apparatus or works” for “1995” substitute “ 2013 ”;

(d) after the definition of “duty holder” insert—

““external waters” means the territorial sea adjacent to Great Britain and any area designated by order under section 1(7) of the Continental Shelf Act 1964;”;

(e) after the definition of “installation manager” insert—

““internal waters” means tidal waters and parts of the sea in, or adjacent to, Great Britain up to the landward limits of the territorial sea;”;

(f) for the definition of “licensee” substitute—

““licensee”—

(a)

in relation to internal waters, means any person to whom a licence to search and bore for and get petroleum in respect of any area within internal waters is granted pursuant to section 2 of the Petroleum (Production) Act 1934 or section 3 of the Petroleum Act 1998; and

(b)

in relation to external waters, means an offshore licensee as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;”;

(g) for the definition of “operator” substitute—

““operator”—

(a)

in relation to internal waters—

(i)

in relation to the dismantling of a fixed installation (within the meaning given in the 2005 Regulations), has the meaning given in regulation 11(4) of the 2005 Regulations; and

(ii)

otherwise, has the meaning given in regulation 2(1) of the 2005 Regulations in relation to a production installation;

(b)

in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;”;

(h) in the definition of “owner”, after “controls” insert “ or is entitled to control ”;

(i) in the definitions of “pipeline” and “pipeline works” for “2001” substitute “ 2013 ”;

(j) for the definition of “production installation” substitute—

““production installation”—

(a)

in relation to internal waters, has the meaning given in regulation 2(1) of the 2005 Regulations; and

(b)

in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;”;

(k) for the definition of “relevant waters” substitute—

““relevant waters” means internal waters and external waters;”.

10.—(1) Regulation 3 (meaning of “offshore installation”) is amended as follows. U.K.

(2) In paragraph (1)—

(a) after sub-paragraph (c) (but before the “or” immediately following it) insert—

“(ca) for undertaking activities that involve mechanically entering the pressure containment boundary of a well;”;

(b) in sub-paragraph (d) for “mainly” substitute “ primarily ”.

(3) For paragraph (2)(d) substitute—

“(d) a mobile structure which has ceased to be used for any of the purposes specified in paragraph (1), and has since been used for a purpose not so specified;

(da) a fixed structure which has ceased to be used for any of the purposes specified in paragraph (1), for so long as it is used for a purpose not so specified;”.

11.—(1) Regulation 4 (application) is amended as follows. U.K.

(2) At the start of paragraph (1) insert “ Except for regulations 21F and 21G (which provide for their own application), ”.

(3) In paragraph (1)(b)—

(a) for “and (2)(b)” substitute “ and (2) ”; and

(b) for “1995” substitute “ 2013 ”.

(4) After paragraph (3) insert—

“(4) Regulations 21A to 21E do not apply to an offshore installation—

(a) registered as a vessel (whether registered in the United Kingdom or elsewhere); or

(b) which is in transit to or from a station; or

(c) which is unmanned.”.

12.  In regulation 5(1) (notification concerning offshore installations) for “no later than” substitute “ before ”. U.K.

13.  In regulation 20(1) (certificates of exemption) after “workers at work” insert “ , and in particular, of Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC ”. U.K.

14.  After regulation 21 insert— U.K.

“Obligation to notify death or loss of person

21A.— (1) Where any person—

(a) dies on an offshore installation or is lost from such an installation; or

(b) dies in or on a lifeboat, liferaft or other emergency survival craft belonging to an offshore installation or is lost from any of those places; or

(c) otherwise dies or is lost in the neighbourhood of an offshore installation while engaged in any operation connected with the installation,

and the death or loss is not required to be registered under any regulations made under section 108 of the Merchant Shipping Act 1995 (which relates to returns of births and deaths in ships), a return of death in the form set out in Schedule 3 must be made in accordance with regulation 21B.

(2) In this regulation and regulations 21B and 21C ‘lost’ means lost in circumstances such that it is reasonable to believe that the person has died and ‘loss’ is to be construed accordingly.

Notification of death or loss to the Registrar General of Shipping and Seamen

21B.— (1) Where an obligation to make a return of death arises under regulation 21A, the manager of the relevant offshore installation must—

(a) complete and sign Part 1 of a form of return of death (see Schedule 3); and

(b) despatch the form to the duty holder as soon as is practicable and in any event within ten days of becoming aware of the death or loss to which the return relates.

(2) Where a duty holder receives a form of return of death from a manager, the duty holder must within ten days of receipt complete Part 2 of the form and send the form duly signed (whether by or on behalf of the duty holder) to the Registrar General of Shipping and Seamen M10 .

(3) Without prejudice to the preceding provisions of this regulation or to regulation 21E, a return of death which is not made within the periods specified in this regulation for making it is not invalid by reason only that it is not made within those periods.

Notification of death or loss to other persons

21C.   When a person dies or is lost in circumstances in which an obligation to make a return of death arises under regulation 21A, the duty holder of the relevant installation must as soon as is practicable and in any event within 48 hours of first becoming aware of the death or loss—

(a) if the duty holder was the employer of the dead or lost person, notify any person known to the duty holder to be, or nominated to the duty holder as, the next-of-kin of the dead or lost person; or

(b) if the duty holder was not the employer of the dead or lost person, notify any person known to the duty holder to have been the employer of the dead or lost person at the time of death or loss.

Registration of death or loss

21D.— (1) When the Registrar General of Shipping and Seamen receives a return made pursuant to regulation 21B, the Registrar must send a copy of that return, certified as being a true copy of that return (whether by the Registrar or a person authorised by the Registrar)—

(a) where the deceased was immediately before death ordinarily resident in Scotland or Northern Ireland, to the Registrar General of Births, Deaths and Marriages for Scotland or the Registrar General for Northern Ireland, as the case may be; and

(b) in any other case, to the Registrar General for England and Wales.

(2) If the Registrar General of Shipping and Seamen is satisfied that there is an error or omission in any return received pursuant to regulation 21B, the Registrar may, in accordance with evidence of the true state of affairs relating to the return, send corrected or supplementary particulars in respect of that evidence to the appropriate Registrar General.

(3) A Registrar General who receives a certified copy under paragraph (1) must record the information contained in it in the marine register kept by that Registrar General, together with such additional information as appears to that Registrar General desirable for the purpose of ensuring the completeness and correctness of that register.

Mode of trial and penalties in relation to registration of death or loss

21E.— (1) In relation to an offence consisting of a contravention of the requirement imposed by regulation 21B(1)—

(a) proceedings on indictment are excluded; and

(b) the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(2) In relation to an offence consisting of a contravention of a requirement imposed by regulation 21B(2) or 21C—

(a) proceedings on indictment are excluded; and

(b) the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(3) It is a defence in any proceedings for an offence consisting of a contravention of a requirement imposed by regulation 21B(1) or (2) or 21C for the person charged to prove—

(a) that the person exercised all due diligence to prevent the commission of the offence; and

(b) that the relevant contravention was committed without the person's consent, connivance or wilful default.

Power of inspectors of offshore installations; duty to provide accommodation and subsistence for inspectors

21F.— (1) An inspector may exercise the powers in paragraph (2) for the purpose of carrying into effect the relevant statutory provisions within the field of responsibility of the enforcing authority that appointed the inspector.

(2) The powers are—

(a) to require a duty holder, at any reasonable time, to convey to and from an offshore installation or vessel associated with offshore oil and gas operations—

(i) the inspector;

(ii) the equipment or materials of the inspector; and

(iii) any article or substance of which the inspector has taken possession pursuant to section 20 of the Health and Safety at Work etc. Act 1974;

(b) to inspect any operation or work in or on the bed of relevant waters and subsoil under or near an offshore installation; and

(c) to require the duty holder or manager of an offshore installation or the licensee concerned to assist the inspector in carrying out an inspection of the bed of relevant waters or subsoil under or near the offshore installation.

(3) The duty holder must provide an inspector with reasonable accommodation and means of subsistence while on an offshore installation for the purpose stated in paragraph (1).

(4) In paragraphs (2)(a)(i) and (ii), and (3) a reference to an inspector includes a reference to a person acting under the direction of the competent authority who is not an inspector.

(5) In relation to an offence consisting of a contravention of the requirement under paragraph (3)—

(a) proceedings on indictment are excluded; and

(b) the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(6) In paragraph (2)(a) “offshore oil and gas operations” means all activities associated with an installation relating to exploration and production of petroleum, including the design, planning, construction, operation and decommissioning of the installation, but excluding the conveyance of petroleum from one coast to another.

(7) This regulation applies—

(a) in Great Britain;

(b) to the territorial sea adjacent to Great Britain up to the seaward limits of the territorial sea and to the waters in any area designated by order under section 1(7) of the Continental Shelf Act 1964; and

(c) to places above and below the territorial sea and waters in any area so designated.

Powers of inspectors in relation to pipelines

21G.— (1) Subject to paragraph (3), an inspector may exercise the powers in paragraph (2) for the purpose of—

(a) securing the safety, health and welfare of persons engaged on pipeline works; and

(b) securing the proper construction and safe operation of pipelines and preventing damage to them.

(2) The powers are—

(a) to require the owner of a pipeline or the proposed owner of a proposed pipeline, at any reasonable time, to convey to and from premises in relevant waters used or intended to be used in connection with the pipeline or with pipeline works relating to a pipeline or proposed pipeline—

(i) the inspector;

(ii) the equipment and materials of the inspector; and

(iii) any article or substance of which the inspector has taken possession pursuant to section 20 of the Health and Safety at Work etc. Act 1974;

(b) to require the owner of a pipeline or the proposed owner of a proposed pipeline to provide the inspector with reasonable accommodation and means of subsistence while on, or in transit to or from, premises in relevant waters used or intended to be used in connection with the pipeline or pipeline works relating to the pipeline or proposed pipeline.

(3) Nothing in this regulation imposes, or confers power on an inspector to impose, any obligation on any person on a vessel registered outside the United Kingdom as a ship, aircraft or hovercraft when it is not engaged in operations for the purpose of laying or maintaining a pipeline.

(4) In any proceedings for an offence consisting of a contravention of a requirement imposed under this regulation, it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(5) In relation to an offence consisting of a contravention of a requirement imposed under paragraph (2) by an inspector—

(a) proceedings on indictment are excluded; and

(b) the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(6) In this regulation—

“owner”, in relation to a pipeline, means—

(a)

the person for the time being designated as the owner of the pipeline by an order made under section 27(1) of the Petroleum Act 1998; or

(b)

where no person has been so designated, the person by whom the pipeline is, or is to be, used;

“pipeline” and “pipeline works” have the meanings given in section 1(4) of the Offshore Safety Act 1992; and

“proposed owner”, in relation to a proposed pipeline, means—

(a)

the person for the time being designated as the proposed owner of the proposed pipeline by an order made under section 27(1) of the Petroleum Act 1998; or

(b)

where no person has been so designated, the person for whom the pipeline is to be constructed.

(7) This regulation applies—

(a) in Great Britain;

(b) to the territorial sea adjacent to Great Britain up to the seaward limits of the territorial sea and to the waters in any area designated by order under section 1(7) of the Continental Shelf Act 1964; and

(c) to places above and below the territorial sea and waters in any area so designated.

Safety Zones

21H.   The prohibition under section 23(1) of the Petroleum Act 1987 on a vessel entering or remaining in a safety zone established around an installation by virtue of that Act M11 does not apply to a vessel entering or remaining in the safety zone—

(a) in connection with the laying, inspection, testing, repair, maintenance, alteration, renewal or removal of any submarine cable or pipe-line in or near that safety zone;

(b) to provide services for, to transport persons or goods to or from, or under the authority of a government department to inspect, any installation in that safety zone;

(c) if it is a vessel belonging to a general lighthouse authority (within the meaning given in section 193 of the Merchant Shipping Act 1995) performing duties relating to the safety of navigation M12 ;

(d) in connection with the saving or attempted saving of life or property;

(e) owing to stress of weather;

(f) when in distress; or

(g) if there is consent from the duty holder.”

Marginal Citations

M10 The Registrar General of Shipping and Seamen is the officer so known who continues in existence under section 295(1) of the Merchant Shipping Act 1995.

M11 See sections 21 and 22 of the Petroleum Act 1987 (c. 12).

M12 See section 193 of the Merchant Shipping Act 1995 for definition of general lighthouse authority for the purposes of Part 8 of that Act.

15.  After Schedule 2 insert— U.K.

Regulation 21B

“SCHEDULE 3 U.K. Form to notify the death or loss of a person pursuant to regulation 21B

”

Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 U.K.

16.  The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 M13 are amended as follows.

Marginal Citations

M13 S.I. 1995/743. The definition of “the 2001 Order” was amended by S.I. 2005/3117, Schedule 9, paragraph 3(a)(i). The definition of “licensee” was inserted by S.I. 2005/3117, Schedule 9, paragraph 3(a)(v). The definition of “major accident” was amended by S.I. 2005/3117, Schedule 9, paragraph 3(a)(vi). The definition of “owner” was substituted by S.I. 2005/3117, Schedule 9, paragraph 3(a)(x). The definition of “production installation” was inserted by S.I. 2005/3117, Schedule 9, paragraph 3(a)(xi). Regulation 3(1)(b) was amended by S.I. 2005/3117, Schedule 9, paragraph 3(b).

17.  In regulation 2(1) (interpretation)— U.K.

(a) in the definition of the “2001 Order” replace the words “2001” with “ 2013 ” in both places in which they occur;

(b) after the definition of “the 1995 Regulations” insert—

““the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005;

“the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015;”;

(c) after the definition of “acoustic signal” insert—

““competent authority” means the Executive and the Secretary of State acting jointly;”;

(d) after the definition of “explosion” insert—

““external emergency response plan” means the Search and Rescue Framework for the United Kingdom of Great Britain and Northern Ireland as published by the Secretary of State, as revised or re-issued from time to time;

“external waters” means the territorial sea adjacent to Great Britain and any area designated by order under section 1(7) of the Continental Shelf Act 1964;”;

(e) after the definition of “installation” insert—

““internal waters” means tidal waters and parts of the sea in or adjacent to Great Britain up to the landward limits of the territorial sea;”

(f) for the definition of “licensee” substitute—

““licensee”—

(a)

in relation to internal waters, means any person to whom a licence to search and bore for and get petroleum in respect of any area within internal waters is granted pursuant to section 2 of the Petroleum (Production) Act 1934 or section 3 of the Petroleum Act 1998; and

(b)

in relation to external waters, means an offshore licensee as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;”;

(g) for the definition of “major accident” substitute—

““major accident”—

(a)

in relation to internal waters, has the meaning given in regulation 2(1) of the 2005 Regulations; and

(b)

in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;”;

(h) for the definition of “operator” substitute—

““operator”—

(a)

in relation to internal waters—

(i)

in relation to the dismantling of a fixed installation (as a fixed installation is defined in the 2005 Regulations), has the meaning given in regulation 11(4) of the 2005 Regulations; and

(ii)

otherwise, has the meaning given in regulation 2(1) of the 2005 Regulations in relation to a production installation; and

(b)

in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;”;

(i) in the definition of “owner” after “controls” insert “ or is entitled to control ”;

(j) for the definition of “production installation” substitute—

““production installation”—

(a)

in relation to internal waters, has the meaning given in regulation 2(1) of the 2005 Regulations; and

(b)

in relation to external waters, has the meaning given in regulation 2(1) of the 2015 Regulations;”.

18.—(1) Regulation 3 (application) is amended as follows. U.K.

(2) In paragraph (1)(a), before “in Great Britain” insert “ apart from regulations 22A to 22C, ”.

(3) In paragraph (1)(b)—

(a) for “and (2)(b)” substitute “ and (2) ”;

(b) for “2001” substitute “ 2013 ”.

(4) In paragraph (2) after “4 to 22” insert “ and 22A to 22C ”.

19.  In regulation 4(2) (general duty) after “regulations 6 to 21” insert “ and 22A to 22C ”. U.K.

20.  For regulation 5(3)(c) (assessment) substitute— U.K.

“(c) notify—

(i) in the case of an installation in internal waters, the Executive;

(ii) in the case of an installation in external waters, the competent authority,

of such address.”

21.—(1) Regulation 6 (preparation for emergencies) is amended as follows. U.K.

(2) In paragraph (1)—

(i) at the end of sub-paragraph (d) insert “ and ”;

(ii) after that sub-paragraph insert—

“(e) in relation to external waters only, for coordinating the emergency response with the response planned pursuant to the external emergency response plan.”

(3) In paragraph (2)(a) after “emergency” insert “ , including how to co-ordinate with persons responding to an emergency who are not on the installation when the emergency begins ”.

22.  In regulation 22(1) (certificates of exemption) after “workers at work” insert “ or by Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC ”. U.K.

23.  After regulation 22 insert— U.K.

“Inventory of equipment etc.

22A.— (1) This regulation applies only in relation to external waters.

(2) The duty holder must prepare an inventory of available equipment, its ownership, location, transport to and mode of deployment at the installation and any person relevant to the performance of the duties in these Regulations (except the duties in regulations 5, 9, 10, 12, 13, 14, 18, 19 and 20).

(3) The inventory prepared under paragraph (2) must identify measures in place to ensure equipment and procedures are maintained in operable condition.

(4)  The duty holder must ensure all equipment on the installation provided in compliance with paragraph (1) is made available at all times and made available as necessary to the Maritime and Coastguard Agency M14 .

Initiation and direction of emergency response and liaison with external response authority

22B.— (1) This regulation applies only in relation to external waters.

(2) The duty holder must authorise one or more persons—

(a) to initiate an emergency response;

(b) to direct an emergency response; and

(c) to liaise with the Maritime and Coastguard Agency.

Arrangements for early warning of major accidents

22C.— (1) This regulation applies only in relation to external waters.

(2) The duty holder must make arrangements—

(a) for providing early warning of a major accident to the Maritime and Coastguard Agency; and

(b) for providing more detailed information about such an accident as soon as it becomes available,

but nothing in this paragraph is to be taken as imposing a requirement which is imposed by regulation 4(3)(c) and paragraph 2(k) of Schedule 2 to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (arrangements for early warning of major environmental incidents).”

Marginal Citations

M14 The Maritime and Coastguard Agency is an executive agency of the Department for Transport.

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

24.  The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 M15 are amended as follows.

Marginal Citations

M15 S.I. 1996/913. The definition of “licensee” was inserted in regulation 2 by S.I. 2005/3117, Schedule 9, paragraph 5(a)(i)(cc). The definition of “safety case” was amended by S.I. 2005/3117, Schedule 9, paragraph 5(a)(i)(ee). There are other amending instruments but none is relevant.

25.—(1) Regulation 2(1) (interpretation) is amended as follows. U.K.

(2) In paragraph (1)—

(a) omit the definition of “the 1995 Order”;

(b) after the definition of “the 1995 Regulations” insert—

““the 2013 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013;

“the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015;”;

(c) after the definition of “the Executive” insert—

““external waters” means the territorial sea adjacent to Great Britain and any area designated by order under section 1(7) of the Continental Shelf Act 1964;”;

(d) for the definition of “licensee” substitute—

““licensee”—

(a)

in relation to a well in Great Britain and any activity in relation to that well, means any person to whom a licence to search and bore for and get petroleum is granted pursuant to section 2 of the Petroleum (Production) Act 1934 or section 3 of the Petroleum Act 1998; and

(b)

in relation to a well in external waters and any activity in relation to that well, means an offshore licensee as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;”; and

(e) in the definition of “safety case” after “the 2005 Regulations” insert “ or regulation 2(2) of the 2015 Regulations ”;

(f) for the definition of “well operator” substitute—

““well operator”—

(a)

in relation to a well in Great Britain, means the person appointed by the licensee for the well to execute the function of organising and supervising all operations to be carried out by means of such well or, where no such person has been appointed, the licensee; and

(b)

in relation to a well in external waters, has the meaning given in regulation 2 of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;”.

(3) In paragraph (4) omit—

(a) the “and” immediately following sub-paragraph (a)(ii); and

(b) sub-paragraph (b).

26.  In regulation 3(1)(b) (application)— U.K.

(a) before “to and in relation to installations” insert “ except for regulation 18, ” and

(b) for “articles 4(1) and (2)(b) and 5 of the 1995 Order” substitute “ articles 4(1) and (2) and 5 of the 2013 Order ”.

27.  In regulation 9 (reporting of danger to an installation)— U.K.

(a) in paragraph (1) omit “within 10 days”; and

(b) after paragraph (2) insert—

“(3) The report must be made—

(a) where the installation is in external waters, within 10 working days after the appearance of evidence of the significant threat; and

(b) in any other case, within 10 days after the appearance of that evidence.

(4) In paragraph (3) “working days” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M16 in any part of Great Britain.”

Marginal Citations

M16 1971 c.80. A relevant amendment was made by the St. Andrew's Day Bank Holiday (Scotland) Act 2007 (2007 asp 2), section 1.

28.  In regulation 12 (additional requirements)— U.K.

(a) in paragraph (1) omit “Subject to paragraph (3),”; and

(b) omit paragraph (3).

29.  In regulation 13(2) (general duty) after “regulations 14 to 19 and 21,” insert “ and regulations 11 and 12 of the 2015 Regulations (examination of wells in external waters) ”. U.K.

30.  In regulation 18 (arrangements for examination) omit paragraphs (5), (6) and (8). U.K.

31.  In regulation 23(1) (certificates of exemption) after “safety and health of workers at work” insert “ or under Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC ”. U.K.

32.  Omit regulation 24 (transitional provisions). U.K.

Offshore Installations (Safety Case) Regulations 2005 U.K.

33.  The Offshore Installations (Safety Case) Regulations 2005 M17 are amended as follows.

Marginal Citations

M17 S.I. 2005/3117, amended by S.I. 2006/336 (now revoked), 2007/3224, 2009/229, 2013/1471.

34.—(1) Subject to paragraph (2), for “relevant waters” substitute “ internal waters ” in each place occurring. U.K.

(2) Paragraph (1) does not apply to—

(a) the definition of “relevant waters” in regulation 2(1);

(b) Schedule 9.

(3) Subject to paragraph (4), for “sea-bed” substitute “ bed of internal waters ” in each place occurring.

(4) Paragraph (3) does not apply to Schedule 9.

35.—(1) Regulation 2 (interpretation) is amended as follows. U.K.

(2) In paragraph (1)—

(a) after the definition of “installation” insert—

““internal waters” means tidal waters and parts of the sea in or adjacent to Great Britain up to the landward limits of the territorial sea;”;

(b) in the definition of “licensee” after “pursuant to” insert “ section 2 of the Petroleum (Production) Act 1934 or ”;

(c) in the definition of “relevant statutory provisions” after “them” insert “ , within internal waters ”;

(d) omit the definition of “relevant waters”.

36.  In regulation 4 (application) omit paragraph (1). U.K.

37.  In regulation 6(2) (design and relocation notifications for production installation) after “new location” insert “ within internal waters ”. U.K.

38.  In regulation 7(1) (safety case for production installation) in the opening words after “operated” insert “ within internal waters ”. U.K.

39.  In regulation 14(3)(c) (revision of safety case) after “location” insert “ within internal waters ”. U.K.

40.  In paragraph 10 of Schedule 1 (particulars to be included in a design notification etc.) after “location” insert “ within internal waters ”. U.K.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 U.K.

41.—(1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 M18 are amended as follows.

(2) For regulation 15(3)(c) (restriction on parallel requirements) substitute—

“(c) where the requirements have different time limits—

(i) in any case where any of those requirements is a requirement to make a report in relation to a reportable incident falling within paragraph 1(3) of Part 1 of Schedule 1, the time limit in relation to that incident is complied with;

(ii) in any other case, the shortest time limit is complied with; and”.

(3) In paragraph 1 of Schedule 1 (reporting and recording procedures)—

(a) in sub-paragraph (1)(b) after “incident”, in the second place in which it occurs, insert “ or, in the case of an incident falling within sub-paragraph (3), within 10 working days of the incident ”;

(b) after sub-paragraph (2) insert—

“(3) A reportable incident falls within this sub-paragraph if it relates to a dangerous occurrence of a class specified in—

(a) paragraph 20 of Part 1 of Schedule 2 in relation to an offshore workplace; or

(b) Part 6 of that Schedule.

(4) For the purposes of—

(a) sub-paragraph (1)(b), “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain; and

(b) sub-paragraph (3), “offshore workplace” has the meaning given in regulation 2(1), but as if the words in parenthesis in that definition had no effect.”

Marginal Citations

M18 S.I. 2013/1471, to which there are amendments not relevant to these Regulations.

Health and Safety and Nuclear (Fees) Regulations 2015 U.K.

42.—(1) The Health and Safety and Nuclear (Fees) Regulations 2015 M19 are amended as follows.

(2) In regulation 14 (fees payable in respect of offshore installations)—

(a) in paragraph (2) after “2005 Regulations” insert “ or the 2015 Regulations ”.

(b) in paragraph (3)—

(i) after the definition of “the 2005 Regulations” insert—

““the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015;”;

(ii) in the definition of “installation”, “current safety case”, “safety case” and “owner”—

(aa) after “owner” insert “ , in a case concerning the 2005 Regulations ”; and

(bb) after “those Regulations” omit “and” and insert “ or, in a case concerning the 2015 Regulations, have the same meanings as in the 2015 Regulations ”;

(iii) for the definition of “operator” substitute—

““operator”—

(a)

in a case concerning the 2005 Regulations has the meaning—

(i)

in the case of the dismantling of a fixed installation under regulation 11 of those Regulations, given in regulation 11(4) of those Regulations;

(ii)

in any other case, given in regulation 2(1) of those Regulations in relation to a production installation;

(b)

in a case concerning the 2015 Regulations, has the meaning given in those Regulations; and”

(iv) after the definition of “operator” insert—

““competent authority” has the meaning given in the 2015 Regulations.”

(3) In Schedule 10 (fees payable in respect of offshore installations) after the final entry in the Table insert—

“Assessing a design notification (sent to the competent authority pursuant to regulation 15(1) or 19(1) of the 2015 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator or owner who sent the design notification to the competent authority pursuant to that provision
Assessing a relocation notification (sent to the competent authority pursuant to regulation 15(3) of the 2015 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator who sent the relocation notification to the competent authority pursuant to that provision
Assessing a safety case or a revision to a current safety case (sent to the competent pursuant to any provision of the 2015 Regulations) for the purpose of deciding whether to accept that safety case or revision and accepting any such safety case or revision	The operator or owner who sent the safety case or revision to the competent authority pursuant to that provision
Providing advice with respect to the preparation of a safety case or a revision to a current safety case which is proposed to be sent to the competent authority pursuant to any provision of the 2015 Regulations	The operator or owner who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 35 of the 2015 Regulations and granting any such exemption	The operator or owner who has requested the exemption”

Marginal Citations

M19 S.I. 2015/363.

PART 2 U.K. Revocations of Instruments

(1) Regulations revoked	(2) References	(3) Extent of revocation
The Offshore Installations (Logbooks and Registration of Death) Regulations 1972	S.I. 1972/1542	The whole Regulations
The Offshore Installations (Inspectors and Casualties) Regulations 1973	S.I. 1973/1842	The whole Regulations
The Submarine Pipe-lines (Inspectors etc.) Regulations 1977	S.I. 1977/835	The whole Regulations
The Submarine Pipe-lines Safety Regulations 1982	S.I. 1982/1513	The whole Regulations
The Offshore Installations (Safety Zones) Regulations 1987	S.I. 1987/1331	The whole Regulations
The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989	S.I. 1989/1671	In regulation 2, the definition of “the 1989 Order”; regulation 5(2)(b) and (c)
The Offshore Safety (Repeals and Modifications) Regulations 1993	S.I. 1993/1823	Regulation 4(6); regulation 5(2); in the Schedule, all entries except those relating to the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 and the Offshore Installations and Pipeline Works (First Aid) Regulations 1989
The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995	S.I. 1995/738	In regulation 2, the definition of “the 1995 Order”; Part 2 of Schedule 2, paragraphs 1, 2, 3, 4 and 12
The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995	S.I. 1995/743	In regulation 6(1)(c) the word “and”
The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996	S.I. 1996/913	In regulation 2(1) the definition of “the 1995 Order”; in regulation 2(4)(a)(ii) the word “and”; regulation 2(4)(b); regulation 12(3); regulation 18(5), (6) and (8); regulation 24
The Offshore Safety (Miscellaneous Amendments) Regulations 2002	S.I. 2002/2175	Regulation 3(a)(i)
The Offshore Installations (Safety Case) Regulations 2005	S.I. 2005/3117	In regulation 2 the definition of “relevant waters”; regulation 4(1); Schedule 9, paragraph (2)(a)(iv) and (vii), paragraph 3(a)(i), (vi), (ix); paragraph 5(a)(i)(ff); regulation 27
The Health and Safety and Nuclear (Fees) Regulations 2015	S.I. 2015/363	In regulation 14, in the definition of “installation”, “current safety case”, “safety case” and “owner”, after the words “those regulations” the word “and”

Regulation 39

SCHEDULE 14 U.K. TRANSITIONAL PROVISIONS AND SAVINGS

PART 1 U.K. Interpretation

Interpretation U.K.

1.—(1) In this Schedule—

“the 2005 regime” means—

(a)

the legislation modified by Schedule 13 to these Regulations; and

(b)

the 1974 Act as it applied in relation to the legislation mentioned in paragraph (a),

to the extent that that Act and that legislation had effect in relation to external waters immediately before the commencement date;

“the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005 M20 as they had effect immediately before the commencement date;

“the commencement date” means 19th July 2015;

“corresponding provision” means any provision of these Regulations—

(a)

as it has effect on or after the commencement date; and

(b)

so far as it corresponds (with or without modification) to a provision of the 2005 Regulations in relation to external waters;

“current safety case,” unless the context otherwise provides, has the meaning given in the 2005 Regulations;

“the date of thorough review” means the date immediately before the fifth anniversary of—

(a)

the date on which the Executive first accepted the current safety case pursuant to the 2005 Regulations; or

(b)

where there has been at least one review of that safety case under regulation 13 of the 2005 Regulations immediately before the commencement date, the date—

(i)

of that review, or

(ii)

if there has been more than one review, the last of those reviews;

“design notification”, unless the context otherwise provides, has the meaning given in the 2005 Regulations;

“duty holder”, except in paragraph 8, has the meaning given in the 2005 Regulations;

“field development programme” means a field development programme within the meaning given in the 2005 Regulations;

“existing non-production installation” means a non-production installation for which there was a current safety case immediately before 18 July 2013;

“existing production installation” means a production installation for which there was a current safety case immediately before 18 July 2013;

“operator”, has the meaning given in the 2005 Regulations;

“owner” has the meaning given in the 2005 Regulations;

“transitional period” means, in relation to an owner, operator or well-operator (as the case may be) the period for which the 2005 regime continues to apply in relation to that person.

(2) For the purposes of this Schedule—

(a) “notification” means a notification under a provision of the 2005 Regulations specified in the first column of the Table below; and

(b) a notification is completed if the event specified in the second column of the Table corresponding to the entry for that notification in the first column of the Table has occurred.

Notifications and completion

Notification under the 2005 Regulations	Event on which notification is completed
Regulation 6(1) (design)	Submission of the field development programme
Regulation 6(2) (relocation of a production installation)	Submission of the field development programme
Regulation 9 (conversion of non-production installation to operate as a production installation)	Completion of the design
Regulation 10 (combined operation)	Engagement in the combined operation
Regulation 17(1) (general well operation)	Commencement of well operation
Regulation 17(2) (specific well operation)	Commencement of well operation

Marginal Citations

M20 S.I. 2005/3117, amended by S.I. 2006/336, 2007/3224, 2009/229, 2013/1471.

PART 2 U.K. Continued application of the 2005 regime in relation to external waters during the transitional period

General saving of the 2005 regime U.K.

2.  Despite the coming into force of these Regulations, the 2005 regime continues to apply in relation to external waters during the transitional period as provided for in this Part of this Schedule.

Continued application of the 2005 regime to existing and proposed non-production installations U.K.

3.  The 2005 regime continues to apply in relation to the owner of a non-production installation, in respect of that installation, for the period which starts on the commencement date and ends—

(a) where the installation is an existing non-production installation—

(i) immediately before 19th July 2016; or

(ii) if earlier, on the date of thorough review provided that that date falls on or after the commencement date;

(b) where the installation is not an existing non-production installation and is established on or after the commencement date but before 19th July 2016, immediately before 19th July 2016.

Continued application of the 2005 regime to existing and proposed production installations U.K.

4.  The 2005 regime continues to apply in relation to the operator of a production installation, in respect of that installation, for the period which starts on the commencement date and ends—

(a) where the production installation is an existing production installation—

(i) immediately before 19th July 2018; or

(ii) if earlier, on the date of thorough review provided that that date falls on or after the commencement date;

(b) where the production installation is not an existing production installation and is established on or after the commencement date but before 19th July 2016, immediately before 19th July 2016.

Continued application of the 2005 regime to well operations U.K.

5.—(1) The 2005 regime continues to apply to the submission of a well notification by a well operator in respect of, or execution by such an operator of a well operation from—

(a) a non-production installation to which paragraph 3 applies, for the period that it applies to the owner of that installation in accordance with that paragraph;

(b) from a production installation to which paragraph 4 applies, for the period that it applies to the operator of that installation in accordance with that paragraph; and

(c) a vessel that is not an installation, for the period which starts on the commencement date and ends immediately before 19th July 2016.

(2) Despite sub-paragraph (1)(b) the 2005 regime ceases to apply to—

(a) the submission of a well notification in respect of a production installation; or

(b) the execution of a well operation from such an installation,

on 19th July 2016.

(3) Nothing in sub-paragraph (2) affects the application of paragraph 4 to the operator of the relevant production installation.

Design notification for production installations to be established during transitional period U.K.

6.  Where a production installation is to be established on or after the commencement date but before 19th July 2016, the 2005 regime applies to the preparation and sending to the Executive of the design notification for that installation.

Design notification: election to prepare notification under these Regulations U.K.

7.—(1) Despite paragraph 6, the operator of a production installation which is to be established on or after the commencement date but before 19th July 2016 may elect to prepare and send a design notification to the competent authority under these Regulations.

(2) Where an operator elects to prepare and send a design notification under these Regulations, the 2005 regime ceases to apply to that operator in relation to that installation on the date on which that notification is sent to the competent authority.

Election to prepare a safety case under these Regulations U.K.

8.—(1) Subject to sub-paragraph (2), nothing in paragraph 3(b), 4(b) or 5(1) prevents a duty holder who would otherwise be or continue to be subject to the 2005 regime as a consequence of any of those provisions from preparing and sending a safety case to the competent authority under these Regulations.

(2) Sub-paragraph (1) does not apply if there is a current safety case for the installation.

(3) Where a duty holder elects in accordance with sub-paragraph (1) to prepare and send a safety case to the competent authority under these Regulations—

(a) the 2005 regime ceases to apply to that operator in relation to that installation on the date on which the operator sends the safety case to the competent authority; and

(b) these Regulations apply to that operator in relation to that installation on and after that date.

Treatment of current safety cases for installations continuing under the 2005 regime U.K.

9.—(1) Sub-paragraph (2) applies to the duty holder of an installation, in respect of that installation, where—

(a) paragraph 3 or 4 continues to apply to the duty holder in respect of that installation;

(b) there is a period of no more than four months, or such longer period as the competent authority may specify, remaining until the end of the transitional period;

(c) there is a current safety case; and

(d) there is an intention, after the transitional period ends—

(i) in the case of a non-production installation, to operate it in external waters or move it in external waters with a view to its being operated there; or

(ii) in the case of a production installation, to operate it in external waters.

(2) Where this sub-paragraph applies the duty holder may make revisions to the current safety case—

(a) containing particulars, not required pursuant to the 2005 Regulations, but specified in—

(i) regulation 16 of and Schedule 7 to these Regulations, in the case of a non-production installation; or

(ii) in regulation 16 of and Schedule 6 to these Regulations in relation to a production installation; and

(b) which are otherwise appropriate in consequence of any revision made under paragraph (a).

(3) Revisions made under sub-paragraph (2) which make a material change to the current safety case are not effective unless—

(a) the duty holder sends a version of the current safety case which incorporates the proposed revisions, showing clearly where they are to be made, to the competent authority at least three months, or such shorter period as the competent authority may specify, before the revisions are to be made; and

(b) the competent authority accepts the revisions.

10.  Where revisions to current safety case under paragraph 9(2) may take effect without the acceptance of the competent authority or are accepted by the competent authority, the current safety case together with those revisions has effect— U.K.

(a) as a current safety case until the end of the relevant transitional period; and

(b) subject to paragraph 11, on and after the end of that transitional period for the purposes of these Regulations as a current safety case within the meaning of regulation 2(1).

11.  Where paragraph 10(b) applies to a safety case, paragraph (1)(a) of regulation 23 has effect as if the reference in that paragraph to the date on which the current safety case was first accepted by the competent authority were a reference to the date on which the Executive first accepted that safety case under the 2005 Regulations. U.K.

PART 3 U.K. Transition from the 2005 regime

Improvement notices issued before the end of the transitional period U.K.

12.—(1) An improvement notice to which this paragraph applies has effect on and after the relevant date as an improvement notice issued in respect of a contravention of a corresponding provision of these Regulations.

(2) This paragraph applies to an improvement notice if—

(a) it was in force or effective immediately before the relevant date; and

(b) it was served on an owner, operator or well operator by an inspector under the 2005 regime.

(3) In this paragraph “relevant date” means the date on which the transitional period ends.

Prohibition notices issued before the end of the transitional period U.K.

13.—(1) Where—

(a) a prohibition notice—

(i) is served on an owner, operator or well operator by an inspector as regards activities to which the 2005 regime applied or would have applied;

(ii) is in force or effective immediately before the relevant date; and

(b) the activities mentioned in paragraph (i) are activities to which a corresponding provision of these Regulations applies, or will, if carried on, apply on and after the relevant date,

that notice continues to have effect on and after the relevant date as if served as regards activities to which these Regulations apply or will apply.

(2) In this paragraph “relevant date” means the date on which the transitional period ends.

Design etc. notifications U.K.

14.  A notification under the 2005 regime which is completed immediately before the date on which the transitional period ends has effect on and after that date as a notification made under the corresponding provision of these Regulations.

15.  Where a notification under the 2005 regime is not completed before the date on which the transitional period ends (“ the relevant date”), but particulars of it have been notified before the relevant date in accordance with the 2005 regime— U.K.

(a) the particulars notified have effect on and after the relevant date as particulars notified pursuant to the corresponding provision of these Regulations;

(b) the absence from particulars falling within paragraph (a) of any particulars required pursuant to a corresponding provision of these Regulations but not required pursuant to the 2005 regime is to take effect as a material change in those particulars on the relevant date.