The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015

Document Number:2015 No. 385
Coming into force:Coming into force on the 19/07/2015
 
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Statutory Instruments

Petroleum

Made

19 th March 2015

Laid before Parliament

23 rd March 2015

Coming into force

19 th July 2015

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to matters relating to the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons, makes the following Regulations:

Citation and commencement

  1.   These Regulations may be cited as the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 and come into force on 19 th July 2015.

    Interpretation

  2. —(1) In these Regulations—

    “the 2013 Directive” means Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC(3);

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

    “connected infrastructure” means—

    any well or supplementary unit connected to an installation; and

    within an installation’s safety zone—

    any associated structure or device which is connected to that installation;

    any apparatus or works on or affixed to the main structure of the installation; and

    any pipeline apparatus or works attached to that installation;

    “information notice” has the meaning given in regulation 11(4);

    “installation” has the meaning given in Article 2(19) of the Directive;

    “installation operator” means a person appointed in accordance with regulation 5 or 6 to conduct any offshore petroleum operations, other than the planning or execution of any well operations;

    “licensing authority” means the Secretary of State for Energy and Climate Change;

    “major accident” has the meaning given in Article 2(1) of the 2013 Directive;

    “offshore licence” means a licence granted under section 2(1) of the Petroleum (Production) Act 1934(4) or section 3(1) of the Petroleum Act 1998(5) which confers on the holder of that licence the exclusive right to prospect or explore for or produce petroleum, in offshore waters;

    “offshore licensee” means a person who—

    holds an offshore licence; or

    held an offshore licence and has been required(6) to submit an abandonment programme (within the meaning of section 29 of the Petroleum Act 1998) to the Secretary of State in relation to activities carried out pursuant to the licence except where—

    the programme has been approved by the Secretary of State; and

    that person is not subject to any obligations under the approved programme;

    “offshore petroleum operations” means all activities associated with an installation or connected infrastructure, including design, planning, construction, operation and decommissioning thereof, relating to exploration and production of petroleum, but excluding conveyance of petroleum from one coast to another;

    “offshore waters” means—

    the waters comprising the territorial sea of the United Kingdom; or

    the sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(7);

    “operator” means a person who has been appointed as an installation operator, as a well operator or as both;

    “petroleum” has the meaning given in section 1 of the Petroleum Act 1998;

    “production installation” means an installation used for offshore extraction of petroleum from the underground strata of the area covered by an offshore licence, including offshore processing of petroleum and its conveyance through connected infrastructure;

    “prospective offshore licensee” means a person in respect of whom an application has been made to the licensing authority—

    for the grant of an offshore licence to that person; or

    for consent to a transfer of an offshore licence to that person (whether or not after the transfer the licence will be held jointly with another person, including an existing licence holder) , but where that application has not been determined;

    “safety zone” means a safety zone within the meaning of Part 3 of the Petroleum Act 1987(8);

    “well” has the meaning given in the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015(9);

    “well operation” has the meaning given in the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015; and

    “well operator” in relation to a well or proposed well means a person appointed in accordance with regulation 5 or 6 to conduct the planning or execution of well operations.

    (2) In these Regulations “the 2013 Directive operator requirements” means the requirements specified in paragraph (3) which are placed on—

    (a) an operator, by or by virtue of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998(10);

    (b) an employer, by or by virtue of the Management of Health and Safety at Work Regulations 1999(11); or

    (c) a duty holder, by or by virtue of the Regulations specified in paragraph (4).

    (3) The requirements referred to in paragraph (2) are those which relate to—

    (a) preventing major accidents arising from offshore petroleum operations in offshore waters; or

    (b) limiting the consequences of such accidents,

    but only where that duty holder or employer, as the case may be, is an operator within the meaning of these Regulations.

    (4) The Regulations referred to in paragraph (2) are—

    (a) the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989(12);

    (b) the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989(13);

    (c) the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995(14);

    (d) the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995(15);

    (e) the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996(16); and

    (f) the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015.

    (5) Other terms used in these Regulations which are also used in the 2013 Directive have the same meaning in these Regulations as they have in the 2013 Directive.

    Grant and transfer of offshore licences

  3. —(1) The licensing authority must not grant an offshore licence or consent to the transfer of an offshore licence to a prospective offshore licensee unless the authority—

    (a) takes into account the capability, including technical and financial capability, of the prospective offshore licensee to meet the requirements for operations within the framework of the licence and in particular the licensing authority must have regard to—

    (i) the considerations in paragraph (2); and

    (ii) any environmentally sensitive marine and coastal environments, including the environmental matters in paragraph (3); and

    (b) where appropriate, consults the competent authority.

    (2) The considerations referred to in paragraph (1)(a)(i) are—

    (a) the risk, the hazards and any other relevant information relating to the licensed area, including, where appropriate, the cost of degradation of the marine environment referred to in point (c) of Article 8(1) of Directive 2008/56/EC of the European Parliament and of the Council establishing a...

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