The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/240 |
| Year | 2013 |
2013 No. 240
Health And Safety
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013
Made 12th February 2013
Laid before Parliament 19th February 2013
Coming into force 6th April 2013
At the Court at Buckingham Palace, the 12th day of February 2013
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 19741, is pleased by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:
Citation, commencement and revocation
1.—(1) This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 and comes into force on 6th April 2013.
(2) The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 20012and the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 20113are revoked.
Interpretation
2.—(1) In this Order—
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“activity” includes, unless the context otherwise requires, a diving project and standing a vessel by;
“designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 19644and “within a designated area” includes over and under it;
“diving project” has the same meaning as it has in the Diving at Work Regulations 19975save that it includes an activity in which a person takes part as a diver wearing an atmospheric pressure suit and without breathing in air or other gas at a pressure greater than atmospheric pressure;
“gas importation and storage zone” has the meaning given by section 1(5) of the Energy Act 20086and “within a gas importation and storage zone” includes over and under it;
“offshore installation” has the meaning given in article 4(2) and (3) of this Order;
“the prescribed provisions of the 1974 Act” means sections 1 to 59 and 80 to 82 of the 1974 Act;
“supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation;
“territorial sea” means the territorial sea adjacent to Great Britain and “within the territorial sea” includes on, over and under it; and
“vessel” includes a hovercraft and any floating structure which is capable of being navigated.
(2) For the purposes of this Order, any structures and devices on top of a well are treated as forming part of the well.
Application of the 1974 Act outside Great Britain
3.—(1) The prescribed provisions of the 1974 Act, 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 apply within the territorial sea, a designated area or a gas importation and storage zone to and in relation to—
(a)
(a) any offshore installation and any activity on it;
(b)
(b) any activity in connection with, or any activity immediately preparatory to an activity in connection with, an offshore installation, whether carried on from the installation itself, in or from a vessel or in any manner, other than an activity falling within paragraph (4);
(c)
(c) a diving project involving—
(i) the survey and preparation of the sea bed for an offshore installation;
(ii) the survey and restoration of the sea bed consequent on the removal of an offshore installation.
(2) In this Order “offshore installation” means subject to paragraph (3) of this article, a structure which is, is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—
(a)
(a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;
(b)
(b) for undertaking activities falling within article 8(2);
(c)
(c) for the conveyance of things by means of a pipe;
(d)
(d) for undertaking activities that involve mechanically entering the pressure containment boundary of a well; or
(e)
(e) primarily for the provision of accommodation for persons who work on or from a structure falling within any of sub-paragraphs (a) to (d),
together with any supplementary unit which is ordinarily connected to it and all the connections.
(3) Any reference in paragraph (2) to a structure or supplementary unit does not include—
(a)
(a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;
(b)
(b) a well;
(c)
(c) a mobile structure which has been taken out of use and is not yet being moved with a view to its being used for any of the purposes specified in paragraph (2) of this article;
(d)
(d) any part of a pipeline; and
(e)
(e) a structure falling within article 10(c).
(4) Subject to paragraph (5), the following activities fall within this paragraph—
(a)
(a) transporting, towing or navigating an installation;
(b)
(b) any of the following activities carried on in or from a vessel—
(i) giving assistance in the event of an emergency;
(ii) training in relation to the giving of assistance in the event of an emergency;
(iii) testing equipment for use in giving assistance in the event of an emergency.
(iv) putting or maintaining a vessel on stand-by ready for an activity referred to in any of sub-subparagraphs (i) to (iii).
(5) Paragraph (4)(b) does not apply in respect of a vessel in or from which an activity is carried on in connection with, or any activity that is immediately preparatory to an activity in connection with, an offshore installation other than an activity falling within paragraph 4(b).
Wells
5.—(1) Subject to paragraph (2) of this article, the prescribed provisions of the 1974 Act apply within the territorial sea or a designated area to and in relation to—
(a)
(a) a well and any activity in connection with it; and
(b)
(b) an activity which is immediately preparatory to any activity in sub-paragraph (a) above.
(2) Paragraph (1) of this article includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.
Pipelines
6.—(1) The prescribed provisions of the1974 Act apply within the territorial sea or a designated area to and in relation to—
(a)
(a) any pipeline;
(b)
(b) any pipeline works;
(c)
(c) the following activities in connection with pipeline works—
(i) the loading, unloading, fuelling or provisioning of a vessel engaged in pipeline works;
(ii) the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel engaged in pipeline works; or
(iii) the moving, supporting, laying or retrieving of anchors attached to a pipe-laying vessel including the supervision of those activities and giving of instruction in connection with them.
(2) In this article—
“pipeline” means a pipe or system of pipes for the conveyance of any thing, together with—
(a) any apparatus for inducing or facilitating the flow of any thing through, or through part of, the pipe or system;
(b) any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;
(c) valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;
(d) apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in the preceding paragraphs;
(e) apparatus for the transmission of information for the operation of the pipe or system;
(f) apparatus for the cathodic protection of the pipe or system; and
(g) a structure used or to be used solely for the support of a part of the pipe or system,
but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;
“pipeline works” means—
(a) assembling or placing a...
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