The Offshore, and Pipelines, Safety (Northern Ireland) Order 1992

Contents

Article 1Title and commencement#

This Order may be cited as the Companies (Public Sector Audit) Order (Northern Ireland) 2008 and shall come into operation on 1st July 2008.

(1)This Order may be cited as the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992.

(2)Except as provided by paragraph (3), this Order shall come into operation on the expiration of two months from the day on which it is made.

(3)The following provisions, namely—

(a)Article 4(3); and

(b)Article 5(2),

shall come into operation on such day or days as the Head of the Department may by order appoint^note.

Article 2Interpretation#

(1)The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2)In this Order—

Article 3Application of Part II of 1978 Order for offshore purposes#

(1)The general purposes of Part II of the 1978 Order shall include—

(a)securing the safety, health and welfare of persons on offshore installations or engaged on pipe-line works;

(b)securing the safety of such installations and preventing accidents on or near them;

(c)securing the proper construction and safe operation of pipe-lines and preventing damage to them; and

(d)securing the safe dismantling, removal and disposal of offshore installations and pipe-lines;

and that Part shall have effect as if the provisions mentioned in paragraph (3) were existing statutory provisions within the meaning of that Part and, in the case of the provisions mentioned in sub-paragraphs (a), (b) and (c) of that paragraph, were specified in the third column of Schedule 1 to that Order.

(2)Without prejudice to the generality of paragraph (1) of Article 17 of the 1978 Order (health and safety regulations), regulations under that Article may—

(a)repeal or modify any of the provisions mentioned in paragraph (3); and

(b)make any provision which, but for any such repeal or modification, could be made by regulations or orders made under any provision mentioned in sub-paragraph (a), (b) or (c) of that paragraph.

(3)The provisions referred to in paragraphs (1) and (2) are—

(a)the Mineral Workings (Offshore Installations) Act 1971;

(b)sections 20 and 25 of the Petroleum Act 1998;

(c)in the Petroleum Act 1987^note,^note. . . sections 21 to 24 (safety zones); and

(d)the provisions of any regulations or orders made or having effect under any enactment mentioned in sub-paragraphs (a) to (c).

(4)In this Article—

(4A)Subsection (4A) and (4B) of section 1 of the Offshore Safety Act 1992 apply in relation to the definition of “pipe‐line” in paragraph (4) as they apply in relation to the definition “pipe‐line” in subsection (4) of that section but as if the reference in subsection (4A) to that section were a reference to this Article.

(5)The provisions mentioned in paragraph (3) and the definitions in paragraph (4) shall have effect as if in—

(a)section 1(4) of the Mineral Workings (Offshore Installations) Act 1971;

(c)section^note. . . 21(7) of the Petroleum Act 1987; or

(d)section 14(2) or 45 of the Petroleum Act 1998,

(i)to tidal waters and parts of the sea in or adjacent to the United Kingdom, or to the territorial sea adjacent to the United Kingdom, were a reference to tidal waters and parts of the sea in or adjacent to Northern Ireland, or to the territorial sea adjacent to Northern Ireland;

(ii)to waters in any area designated under section 1(7) of the Continental Shelf Act 1964^note were omitted; and

(iii)to the sea in any designated area within the meaning of that Act were omitted.

(Para)

any reference—

Article 4Application of Part II of 1978 Order for other purposes#

(1)The general purposes of Part II of the 1978 Order shall include—

(a)securing the proper construction and safe operation of pipe-lines and preventing damage to them;

(b)securing that, in the event of the accidental escape or ignition of anything in a pipe-line, immediate notice of the event is given to persons who will or may have to discharge duties or take steps in consequence of the happening of the event; and

(c)protecting the public from personal injury, fire, explosions and other dangers arising from the transmission, distribution, supply or use of gas;

and that Part shall have effect as if the provisions mentioned in paragraph (3) were existing statutory provisions within the meaning of that Part and, in the case of the provisions mentioned in sub-paragraph (a) of that paragraph, were specified in the third column of Schedule 1 to that Order.

(2)Without prejudice to the generality of paragraph (1) of Article 17 of the 1978 Order (health and safety regulations), regulations under that Article may—

(a)repeal or modify any of the provisions mentioned in paragraph (3); and

(b)make any provision which, but for any such repeal or modification, could be made by regulations made under any provision mentioned in sub-paragraph (a) of that paragraph.

(3)The provisions referred to in paragraphs (1) and (2) are—

(a)in the Gas (Northern Ireland) Order 1996, Articles 50 to 54, 56 to 58,60,64 and 65, Part IV (so far as relating to any of those Articles) and Schedules 4 and 5;

(b)the provisions of any regulations made or having effect under any enactment mentioned in sub-paragraph (a).

(4)In this Article—

(5)For the purposes of the definition of “pipe-line” in paragraph (4), the following apparatus and works, and no other, shall be treated as being associated with a pipe, or system of pipes, namely,—

(a)apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;

(b)valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system;

(c)apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in sub-paragraph (a) or (b);

(d)apparatus for the transmission of information for the operation of the pipe or system;

(e)apparatus for the cathodic protection of the pipe or system;

(f)a structure for the exclusive support of a part of the pipe or system.

(6)In paragraph (4)(d)—

Article 5Provisions consequential on Articles 3 and 4#

(1)In consequence of the provision made or authorised to be made by Article 3, the following shall cease to have effect, namely—

(a)in the Petroleum and Submarine Pipe-lines Act 1975^note, section 28(2)(b) (notices with respect to unsafe works) and, so far as relating to proceedings for offences created by regulations under section 26 or 27, section 29(2) (institution of proceedings); and

(2)Also in consequence of that provision—

(a)any incorporation in a licence of a model clause specified in Schedule 1 shall cease to have effect;

(b)any functions of the Department under a licence, or under section 2 of the Petroleum (Production) Act (Northern Ireland) 1964^note, may be exercised without regard to safety considerations; and

(c)nothing done in the exercise of any such functions shall prejudice or affect the operation of the relevant statutory provisions within the meaning of Part II of the 1978 Order or any requirements imposed under those provisions.

Article 6Increased penalties under Part II of 1978 Order#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7Directions for preserving security of petroleum and petroleum products#

(1)The Department may, after consultation with a person to whom this Article applies, give to that person such directions of a general character as appear to the Department to be requisite or expedient for the purpose of preserving the security of any offshore installation, onshore terminal or oil refinery.

(2)If it appears to the Department to be requisite or expedient to do so for the purpose mentioned in paragraph (1), it may, after consultation with a person to whom this Article applies, give to that person a direction requiring him (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction.

(3)A person to whom this Article applies shall give effect to any direction given to him by the Department under this Article notwithstanding any other duty imposed on him by or under any statutory provision.

(4)The Department shall lay before the Assembly a copy of every direction given under this Article unless it is of the opinion that disclosure of the direction is against the interests of national security or the commercial interests of any person.

(5)A person shall not disclose, or be required by virtue of any statutory provision or otherwise to disclose, anything done by virtue of this Article if the Department has notified him that the Department is of the opinion that disclosure of that thing is against the interests of national security or the commercial interests of some other person.

(6)This Article applies to any person who is the operator of an offshore installation, onshore terminal or oil refinery.

(7)In this Article—