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SCHEDULE 9AMENDMENTS

2.  In the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995(1)—

(a)in regulation 2(1) (interpretation)—

(i)omit the definition of “concession owner”;

(ii)for the definition of “duty holder”, substitute—

“duty holder” means—

(a)

in relation to a production installation, the operator; and

(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—

(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

(b)

the licensee, where—

(i)

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

(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”—

(a)

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

(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—

(a)

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

(b)

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

(c)

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

and—

(a)

includes a—

(i)

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

(ii)

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

(iii)

production installation which has not come into use; and

(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;; and

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

(1)

S.I. 1995/738, to which there are amendments not relevant to these Regulations.