Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/840 |
| Year | 1989 |
1989No. 840
HEALTH AND SAFETY
The Health and Safety at Work etc. Act 1974 (Application
outside Great Britain) Order 1989
16thMay1989
16thMay1989
28thMay1989
At the Court at Buckingham Palace, the 16th day of May 1989
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred by section 84(3) and (4) of the Health and Safety at Work etc. Act 1974 ( a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
Citation, commencement and revocations
1.-(1) This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 and shall come into force on 28th May 1989.
(2) The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977 ( b) and the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 1989 ( c) are hereby revoked.
Interpretation
2.-(1) In this Order, unless the context otherwise requires-
"the 1974 Act" means the Health and Safety at Work etc. Act 1974;
"designated area" means any area designated by order under section 1(7) of the Continental Shelf Act 1964 ( d) and "within a designated area" includes over and under it;
"the prescribed provisions of the 1974 Act" means sections 1 to 59 and 80 to 82 of the 1974 Act;
"territorial waters" means United Kingdom territorial waters adjacent to Great Britain and "within territorial waters" includes on, over and under them;
"vessel" includes a hovercraft and any floating structure which is capable of being manned.
(2) For the purposes of this Order, a person shall be deemed to be engaged in diving operations throughout any period from the time when he commences to prepare for diving until the time when-
(a) he is no longer subjected to raised pressure;(b) he has normal inert gas partial pressure in his tissues; and(c) if he entered the water, he has left it;and diving operations include the activity of any person in connection with the health and safety of a person who is, or is deemed to be, engaged in diving operations.
Application of the 1974 Act outside Great Britain
3.-(1) The prescribed provisions of the 1974 Act shall, to the extent specified in the following articles of this Order, apply to and in relation to the premises and activities outside Great Britain which are so specified as those provisions apply within Great Britain.
(2) The reference in paragraph (1) of this article to premises and activities includes a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.
Offshore installations
4.-(1) The prescribed provisions of the 1974 Act shall apply outside Great Britain to and in relation to-
(a) any offshore installation and any activity on it;(a) 1974 c.37.
(b) S.I. 1977/1232.
(c) S.I. 1989/672.
(d) 1964 c.29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (c.23), Schedule 3, paragraph 1.
(b) any of the following activities in connection with an offshore installation, whether carried on from the installation itself, on or from a vessel or in any other manner, that is to say, inspection, testing, loading, unloading, fuelling, provisioning, construction, reconstruction, alteration, repair, maintenance, cleaning, demolition, dismantling and diving operations and any activity which is immediately preparatory to any of the said activities;(c) the survey and preparation of the sea bed for an offshore installation.(2) In this article, "offshore installation" means-
(a) the fixed structures consisting of six towers referred to in the Schedule to this Order as NSR M-1 and NSR R-1, NSR R-2, NSR R-3, NSR R-4 and NSR R-5 and settled on the sea bed at the locations specified in the Schedule and the related cables between each of those towers at sea bed level and the related cables which lie or extend outside the said locations; and(b) an offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 ( a)which is within territorial waters or a designated area.Pipelines
5.-(1) The prescribed provisions of the 1974 Act shall apply within territorial waters or a designated area to and in relation to-
(a)...To continue reading
Request your trial