SCHEDULE 9AMENDMENTS

2

In the Offshore Installations and Pipeline Works (Management and Administration) Regulations 199518

a

in regulation 2(1) (interpretation)—

i

omit the definition of “concession owner”;

ii

for the definition of “duty holder”, substitute—

  • “duty holder” means—

    1. a

      in relation to a production installation, the operator; and

    2. b

      in relation to a non-production installation, the owner;

iii

omit the definition of “fixed installation”;

iv

after the definition of “installation manager”, insert—

  • “licensee” means any person to whom a licence to search and bore for and get petroleum in respect of any area within relevant waters is granted pursuant to section 3 of the Petroleum Act 1998;

v

omit the definition of “mobile installation”;

vi

before the definition of “offshore installation”, insert—

  • “non-production installation” means an installation other than a production installation;

vii

for the definition of “operator”, substitute—

  • “operator” means—

    1. a

      the person appointed by the licensee to manage and control directly or by any other person the execution of the main functions of a production installation; or

    2. b

      the licensee, where—

      1. i

        it is not clear to the Executive that one person has been appointed to perform the functions described in paragraph (a); or

      2. ii

        in the opinion of the Executive, any person appointed to perform the functions described in paragraph (a) is incapable of performing those functions satisfactorily;

viii

for the definition of “owner”, substitute—

  • “owner” means the person who controls the operation of a non-production installation;

ix

before the definition of “pipeline”, insert—

  • “petroleum”—

    1. a

      includes any mineral oil or relative hydrocarbon and natural gas, whether or not existing in its natural condition in strata; and

    2. b

      does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;

x

in the definitions of “pipeline” and “pipeline works”, replace the words “1995” with “2001”; and

xi

after the definition of “pipeline works”, insert—

  • “production installation” means an installation which—

    1. a

      extracts petroleum from beneath the sea-bed by means of a well;

    2. b

      stores gas in or under the shore or bed of relevant waters and recovers gas so stored; or

    3. c

      is used for the conveyance of petroleum by means of a pipe,

    and—

    1. a

      includes a—

      1. i

        non-production installation converted for use as a production installation for so long as it is so converted;

      2. ii

        production installation which has ceased production for so long as it is not converted to a non-production installation; and

      3. iii

        production installation which has not come into use; and

    2. b

      does not include an installation which, for a period of no more than 90 days, extracts petroleum from beneath the sea-bed for the purposes of well testing;

b

omit paragraphs 14, 15 and 16 of Part II of Schedule 2 (modifications of instruments).