Mineral Workings (Offshore Installations) Act 1971

• Citation: 1971 c. 61
• Sections: 21

Section 7 Regulations: general provisions.

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(3) The punishment for an offence created by regulations under this Act shall be—

(a) on summary conviction a fine not exceeding level 5 on the standard scale ,

(b) on conviction on indictment imprisonment for a term not exceeding two years, or a fine, or both,

but without prejudice to any further restriction on the punishments which can be awarded contained in the regulations, and without prejudice to the exclusion of proceedings on indictment by the regulations.

(4) The operation of any regulations made under this Act may be excluded in whole or in part . . . in relation to any particular installation by directions of the Secretary of State given in such manner and to such persons as he thinks appropriate.

(5) Any exemption or exclusion . . . by directions of the Secretary of State under this Act, may be made subject to the imposition of conditions specified by the . . . directions.

(6) Where in pursuance of this section a person is exempted or excluded from the requirements of any provision of this Act, or of regulations under this Act, but subject to a condition, and the condition is not observed, the exemption or exclusion shall not have effect, and proceedings may be brought in respect of any breach of duty as if the exemption or exclusion had not had effect.

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Section 9 Offences: general provisions.

(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this subsection “ director ”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

(2) In proceedings for an offence under this Act an averment in any process of the fact that anything was done or situated within controlled waters shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment.

(3) In proceedings for an offence under section 3, . . .of this Act, it shall be a defence for the accused to prove—

(a) that he has used all due diligence to enforce the execution of this Act, and of any relevant regulation made under this Act, and

(b) that any relevant contravention was committed without his consent, connivance or wilful default.

(4) Proceedings for any offence under this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

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Section 11 Civil liability for breach of statutory duty.

(1) This section has effect as respects—

(a) a duty imposed on any person by any provision of this Act, or

(b) a duty imposed on any person by any provision of regulations made under this Act which expressly applies the provisions of this section.

(2) Breach of any such duty shall be actionable so far, and only so far, as it causes personal injury, and references in section 1 of the Fatal Accidents Act 1846, as it applies in England and Wales, and in Article 3(1) of the Fatal Accidents (Northern Ireland) Order 1977 , to a wrongful act, neglect or default shall include references to any breach of a duty which is so actionable.

(3) Subsection (2) above is without prejudice to any action which lies apart from the provisions of this Act.

(4) Neither section 9(3) of this Act, nor any defences afforded by regulations made in pursuance of section 7(2)( b ) of this Act, shall afford a defence in any civil proceedings, whether brought by virtue of this section or not.

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(7) In this section “ personal injury ” includes any disease and any impairment of a person’s physical or mental condition and includes any fatal injury.

Section 12 Interpretation.

(1) In this Act, unless the context otherwise requires—

“the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995;

“controlled waters” means—

tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters; and

any area designated by order under section 1(7) of the Continental Shelf Act 1964;

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“installation manager” has the meaning given by regulation 2(1) of the 1995 Regulations;

“ offence under this Act, ” includes an offence under regulations made under this Act,

“offshore installation” has the same meaning as in regulation 3 of the 1995 Regulations;

“owner”, in relation to an offshore installation, means the person who is, in relation to the installation, the duty holder as defined by regulation 2(1) of the 1995 Regulations in relation to that installation;

“ prescribed ” means prescribed by regulations under this Act,

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(4) It is hereby declared that, notwithstanding that this Act may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom.

(5) Any reference in this Act to a contravention of a provision of this Act or of regulations made under this Act includes a reference to a failure to comply with such a provision.

(6) Any reference in this Act to any enactment or Act of Parliament includes a reference to an enactment or Act of the Parliament of Northern Ireland.

(7) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Section 13 Financial provisions.

(1) There shall be paid out of money provided by Parliament—

(a) any expenses incurred by the Secretary of State under this Act, and

(b) any increase in money so payable under any other Act which is an increase attributable to this Act.

(2) Any receipts of the Secretary of State under this Act shall be paid into the Consolidated Fund.

Section 14 Short title, commencement and saving.

(1) This Act may be cited as the Mineral Workings (Offshore Installations) Act 1971.

(2) This act shall come into force on such date as the Secretary of State may by order in a statutory instrument appoint, and an order under this subsection may appoint different dates for different provisions of this Act, or for different purposes.

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Section 1

(1) Measures to ensure the safety of the installation, and of any other structures associated with the operations carried out from the installation.

(2) Measures to ensure safety when an installation or any part of an installation is being assembled or dismantled in the sea or other waters.]

Section 2

The movement of, and precautions to be taken by, vessels, aircraft and hovercraft in the neighbourhood of offshore installations.]

Section 3

Provisions as to the manner in which or occasions on which any operation or work is to be or may be carried out, or as to the safety or suitability of any place where it is carried out.

Section 4

(1) Provisions as to the equipment, facilities or materials which are to be or may be supplied or used, whether the provision has reference to sufficiency, to suitability, to safety during use or while not in use, or to any other matter.

(2) The application of—

(a) the Anchors and Chain Cables Act 1967,

(b) the Employers’ Liability (Compulsory Insurance) Act 1969, or any corresponding enactment in force in Northern Ireland,

subject to such modifications or extensions as may be prescribed by the regulations.

(3) Any provision corresponding to anything in the Acts mentioned in sub-paragraph (2) above.]

Section 5

(1) Limits on hours of employment in any special operation or in any specified circumstances.

(2) The employment at installations of persons who are under the age of eighteen, or who have not received the prescribed instruction or training.]

Section 6

Training.]

Section 7

Emergency equipment and emergency procedures.]

Section 8

(1) Accidents, injuries and disease.

(2) Medical treatment and medical stores.

(3) Accommodation, provisioning and water.]

Section 9

Powers and duties to be exercised by, and facilities to be accorded to, inspectors appointed by the Secretary of State under this Act, and other persons acting at the direction of the Secretary of State, and in particular—

(a) powers to board, and to obtain access to all parts of, any offshore installation, to obtain information and to inspect and take copies from any log book or other document,

(b) powers to test equipment and, in special circumstances, to dismantle, test to destruction or take possession of any article of equipment.

(c) powers to require, in connection with the survey or inspection of any installation, part of an installation or equipment, the carrying out of procedures and the conduct of tests by such person as may be prescribed by the regulations,

(d) rights to require conveyance to and from any offshore installation, including conveyance of any equipment required by an inspector for testing, or any equipment of which he has taken possession in special circumstances,

(e) duties to provide inspectors and others with reasonable accommodation and means of subsistence while on any offshore installation,

(f) any powers exercisable in case of immediate or apprehended danger.]

Section 10

(1) Casualties or other accidents involving loss of life or danger to life, and in particular—

(a) the making of special reports by inspectors, and

(b) the holding of public inquiries.

(2) In the case of any public inquiry held in pursuance of regulations under this Act, provision—

(a) conferring on the person holding the inquiry, and any person assisting him in the inquiry, powers of entry and inspection,

(b) conferring on any such person powers of summoning witnesses to give evidence or produce documents,

(c) powers to take evidence on oath and administer oaths or require the making of declarations,

(d) authorising the Secretary of State to make payments to the person holding the inquiry, to any assessor appointed to assist him and to witnesses summoned to the inquiry,

(e) as to the persons by whom, and the manner in which, costs of any such inquiry, including the remuneration of the person or persons holding the inquiry, are to be defrayed.

(3) The provision as respects costs under sub-paragraph (2)( e ) above may include—

(a) provision for the treatment of any such costs as expenses of the Secretary of State under this Act,

(b) provision requiring any such costs to be defrayed by any person who appears to the person or persons holding the inquiry to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident.]

Section 11

(1) The keeping of an official log book, and of other records.

(2) The creation of any right to inspect, or take extracts from, any such records, and the admissibility in evidence of, or of certified extracts of, any such records.]

Section 12

The making of returns and the giving of information, and in particular the making of returns to the Registrar General of Shipping and Seamen of deaths, including presumed deaths; and the duties of the Registrar General as respects such returns.]

Section 13

The display and posting of copies of, or of digests of, this Act and of regulations made under this Act.]

Section 14

The punishment of forgery or falsification of documents, and of other offences as respects forged or falsified documents, where the documents are, or purport to be, made under or for the purposes of the regulations.]

Section 15

The regulations may, in prescribing standards of safety, or in imposing other requirements, refer to, and make obligations depend on, the provisions of any recognised industrial code of practice as for the time being in force.]