Offshore Installations (Emergency Pollution Control) Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/1861

2002 No. 1861

ENVIRONMENTAL PROTECTION

The Offshore Installations (Emergency Pollution Control) Regulations 2002

Made 17th July 2002

Coming into force in accordance with regulation 1

Whereas the Secretary of State has consulted the persons required to be consulted by section 3(4) of the Pollution Prevention and Control Act 19991;

And whereas a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 3(6) of that Act;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 3 and 7(9) of that Act, hereby makes the following Regulations:—

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Offshore Installations (Emergency Pollution Control) Regulations 2002 and shall come into force on the day after the day on which they are made.

S-2 Interpretation

Interpretation

2. In these Regulations—

“accident” means any occurrence causing material damage or a threat of material damage to an offshore installation;

“operator” in relation to an offshore installation means any person who operates the offshore installation and includes any person who owns it at the time any powers conferred by these Regulations are exercised in relation to the offshore installation;

“pollution” includes pollution by oil or any other substance liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, or by any other substance listed in the Schedule to the Merchant Shipping (Prevention of Pollution: Substances Other than Oil) (Intervention) Order 19972; and

“United Kingdom waters” has the same meaning as in the Merchant Shipping Act 19953.

S-3 Intervention powers

Intervention powers

3.—(1) The powers conferred by this regulation shall be exercisable where—

(a)

(a) an accident has occurred; and

(b)

(b) in the opinion of the Secretary of State the accident will or may cause significant pollution in the United Kingdom, United Kingdom waters or in any designated area within the meaning of the Continental Shelf Act 19644; and

(c)

(c) in the opinion of the Secretary of State the use of the powers conferred by this regulation is urgently needed,

but those powers are subject to the requirements of paragraph (6) below.

(2) For the purpose of preventing or reducing pollution, or the risk of pollution, the Secretary of State may give directions as respects any offshore installation—

(a)

(a) to the operator of the offshore installation; or

(b)

(b) to the manager of the offshore installation; or

(c)

(c) to any servant or agent of the operator of the offshore installation.

(3) Directions under paragraph (2) above may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without prejudice to the generality of this paragraph, directions may require that person—

(a)

(a) to move or not to move the offshore installation, or any part of it, to or from a specified place or area, or over a specified route; or

(b)

(b) to unload or discharge, or not to unload or discharge, any oil or other substance; or

(c)

(c) to take or not to take specified remedial measures.

(4) If in the opinion of the Secretary of State the powers conferred by paragraph (2) above are, or have proved to be, inadequate for the purpose, the Secretary of State may, for the purpose of preventing or reducing pollution, or the risk of pollution, take, as respects the offshore installation or its contents, any action of any kind whatsoever, and without prejudice to the generality of this paragraph the Secretary of State may—

(a)

(a) take any such action as she has power to require to be taken by a direction under this regulation;

(b)

(b) undertake operations for the sinking or destruction of the offshore installation, or any part of it, of a kind which is not within the means of any person to whom she can give directions; or

(c)

(c) undertake operations which involve the taking over of control of the offshore installation (whether by boarding the offshore installation or entering and using any premises which appear to her to be premises from which the operations of the offshore...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT