The Offshore Chemicals (Amendment) Regulations 2011

• Citation: S.I. 2011/982
• Sections: 21

Section 1 Citation and commencement

These Regulations may be cited as the Offshore Chemicals (Amendment) Regulations 2011 and come into force on the day after the day on which they are made.

Section 2 Interpretation

In these Regulations, “the 2002 Regulations ” means the Offshore Chemicals Regulations 2002 .

Section 3 Amendment of the 2002 Regulations

The 2002 Regulations are amended as follows.

Section 4 Amendment of the 2002 Regulations

In regulation 2 (interpretation)—

(a) for the definition of “discharge” substitute—

“discharge”, in relation to an offshore chemical, means any intentional emission of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;

(b) after the definition of “discharge” insert—

“enforcement notice” means a notice served under regulation 16A(1) or (1A);

(c) after the definition of “the Gazettes” insert—

“installation” includes any floating structure or device maintained on a station by whatever means;

(d) in the definition of “offshore chemical”, omit “intentionally” and after “used” insert “, or intended to be used,”;

(e) for the definition of “offshore installation” substitute—

“offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, offshore petroleum activities or offshore storage and unloading activities;

(f) after the definition of “permit application”, insert—

“permit holder” means the holder from time to time of a permit;

(g) omit the definition of “pipeline”;

(h) after the definition of “prescribed date”, insert—

“prohibition notice” means a notice served under regulation 16B(1);

“release”, in relation to an offshore chemical, means the emission (other than by way of discharge) of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;

(i) in the definition of “relevant area”—

(i) in sub-paragraph (a) omit “and Wales”;

(ii) in sub-paragraph (b) after “Scottish controlled waters” insert “and Welsh controlled waters”;

(j) for the definition of “use” substitute—

“use”, in relation to an offshore chemical, means any intentional application of the chemical in the carrying out of offshore activities under normal operating conditions;

“Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991 .

(k) for paragraph (2) substitute—

(2) In these Regulations, in relation to an offshore storage or unloading activity—

(a) any reference to the use, discharge or release of an offshore chemical is to be read as a reference to its use in, or discharge or release into, the reserved area;

(b) any reference to pollution is to be read as a reference to pollution introduced into the reserved area.

Section 5 Amendment of the 2002 Regulations

In regulation 3 (requirement for permit to use or discharge offshore chemicals)—

(a) in paragraph (1) omit “in the relevant area”; and

(b) omit paragraph (3).

Section 6 Amendment of the 2002 Regulations

After regulation 3, insert—

Prohibition on the release of offshore chemicals

(3A) No person shall—

(a) release an offshore chemical; or

(b) allow such a release to continue.

Section 7 Amendment of the 2002 Regulations

In paragraph (2) of regulation 5 (conditions of permits)—

(a) in sub-paragraph (b) for “operator” substitute “permit holder”; and

(b) in sub-paragraph (d) for “accidents” substitute “incidents”.

Section 8 Amendment of the 2002 Regulations

In regulation 8 (fees)—

(a) in paragraph (1) after “charge” insert “permit applicants, permit holders and”; and

(b) in paragraph (2), for sub-paragraphs (a) to (c) substitute—

(a) an application for the grant or renewal of a permit;

(b) an application for the variation of a permit or the conditions to which it is subject, or a review of a permit and its conditions;

(c) a request for the Secretary of State’s consent to the transfer of a permit;

(ca) the revocation or surrender of a permit;

Section 9 Amendment of the 2002 Regulations

In regulation 10 (application for renewal of an existing permit)—

(a) in paragraph (1), for “an operator” substitute “a permit holder”; and

(b) in paragraph (3) omit the words from “, provided that she has consulted” to the end.

Section 10 Amendment of the 2002 Regulations

(1) In the heading to regulation 11 (variation of permit on application of operator), omit “on application of operator”.

(2) In regulation 11—

(a) in paragraph (1)—

(i) for “An operator”, substitute “A permit holder”;

(ii) omit “relating to the use or discharge of an offshore chemical in the relevant area”;

(b) in paragraph (2) omit—

(i) “by the operator”; and

(ii) the words from “provided that she has taken” to the end; and

(c) in paragraph (4) for “the change”, substitute “a variation of the terms and conditions as specified in the application”.

Section 11 Amendment of the 2002 Regulations

In regulation 12 (reconsideration of permits and permit conditions)—

(a) in paragraph (1) omit “granted in accordance with these Regulations”;

(b) in paragraph (3), for “operator concerned” substitute “permit holder”;

(c) in paragraph (4), for “operator” substitute “permit holder”; and

(d) omit paragraph (7).

Section 12 Amendment of the 2002 Regulations

After regulation 12, insert—

Transfer of permit

(12A) A permit holder shall not, except with the prior consent in writing of the Secretary of State and in accordance with the conditions (if any) of the consent, transfer the permit or any rights granted by the permit, to another person.

Section 13 Amendment of the 2002 Regulations

In regulation 13 (revocation and surrender of permits)—

(a) in paragraph (1)—

(i) omit “granted pursuant to these Regulations”; and

(ii) for “operator in question” substitute “permit holder”; and

(b) in paragraph (2) for “An operator to whom a permit has been granted” substitute “A permit holder”.

Section 14 Amendment of the 2002 Regulations

In paragraph (1) of regulation 14 (register to be kept by the Secretary of State) omit “granted under these Regulations”.

Section 15 Amendment of the 2002 Regulations

For paragraph (1) of regulation 15 (provision of information to the Secretary of State) substitute—

(1) A person who uses, discharges or releases an offshore chemical shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purposes of performing the Secretary of State’s functions under these Regulations.

(1A) The permit holder or, if there is no permit holder, the operator shall without delay provide the Secretary of State with information, in such form and in such manner as the Secretary of State may direct, of—

(a) an incident resulting in the use of, or the discharge of, an offshore chemical save in accordance with the terms and conditions attached to a permit;

(b) an incident resulting in a release; or

(c) any other incident involving an offshore chemical where there has been, or may be, any significant effect on the environment by means of pollution.

Section 16 Amendment of the 2002 Regulations

In regulation 16 (appointment of inspectors)—

(a) in paragraphs (1)(b) and (3)(a), for “use or discharge” substitute “use, discharge or release”; and

(b) in paragraph 3(j) omit “granted under these Regulations”.

Section 17 Amendment of the 2002 Regulations

In regulation 16A (enforcement notices)—

(a) in paragraph (1)—

(i) for “operator” substitute “permit holder”; and

(ii) omit “in writing (“an enforcement notice”)”.

(b) after paragraph (1), insert—

(1A) If the Secretary of State is of the opinion that a release, use without a permit or discharge without a permit has occurred, is occurring, or is likely to occur, the Secretary of State or an inspector appointed under regulation 16 may serve on the permit holder or, if there is no permit holder, the operator, a notice which—

(a) states that the Secretary of State is of that opinion;

(b) specifies the matters which constituted, constitute, or are likely to constitute the release, use or discharge;

(c) specifies the remedial steps that must be taken; and

(d) specifies the period within which those steps must be taken.

(1B) The Secretary of State may serve a notice on the permit holder to vary the period within which remedial steps must be taken under an enforcement notice.

(c) for paragraph (2) substitute—

(2) The steps that may be specified under paragraphs (1)(c) and (1A)(c) include steps that must be taken to remedy any pollution caused by a contravention, release, use or discharge.

(d) in paragraph (5), omit “served under paragraph (1)”; and

(e) in paragraph (6), after “paragraph (1)” insert “, (1A)”.

Section 18 Amendment of the 2002 Regulations

In regulation 16B (prohibition notices)—

(a) in paragraph (1), for “any use or discharge” to the end, substitute “any use, discharge or release of an offshore chemical, the Secretary of State or an inspector appointed under regulation 16 may serve a notice on the permit holder or, if there is no permit holder, the operator.”;

(b) in paragraph (2) after “conditions” insert “of”; and

(c) in paragraph (3)—

(i) in sub-paragraph (c) omit “and the period within which they must be taken”; and

(ii) after sub-paragraph (c)—

(aa) omit “and”; and

(bb) insert—

(ca) may specify the period within which such steps must be taken; and

Section 19 Amendment of the 2002 Regulations

In regulation 17 (appeal to High Court, Court of Session or High Court in Northern Ireland)—

(a) in paragraph (1), for “any permit applicant or any operator” substitute “any permit applicant, permit holder or operator”.

(b) in paragraph (2)—

(i) in each of sub-paragraphs (a), (b) and (c), for “use or discharge” substitute “use, discharge or release”; and

(ii) in sub-paragraph (b) omit “(excluding Scottish controlled waters)”; and

(c) in paragraph (4)—

(i) where “used or discharged” appears for the first and third time, substitute “used, discharged or released”; and

(ii) for “paragraphs (2) and (3)” substitute “paragraph (2)”.

Section 20 Amendment of the 2002 Regulations

In regulation 18 (offences)—

(a) in paragraph (1)—

(i) for sub-paragraph (b) substitute—

(b) contravenes regulation 3A;

(ii) in sub-paragraph (c) omit “3(3) or”;

(iii) in sub-paragraph (d) omit “granted under these Regulations”; and

(iv) in sub-paragraph (e)(i) after “permit application” insert “, permit transfer”;

(b) after paragraph (2) insert—

(2A) A person does not have the defence provided by paragraph (2)(b) if the court is satisfied—

(a) that the thing done was not a reasonable step to take in the circumstances; or

(b) that it was a reasonable step to take for the purpose mentioned in that paragraph but the necessity of taking that step was due to the fault of the defendant.

(c) after paragraph (8) insert—

(9) Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.

(10) Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

Section 21 Transitional provision

The amendments made by regulation 20 do not have effect in relation to a contravention which occurred, or proceedings which commenced, before the coming into force of these Regulations.