The Offshore Chemicals Regulations 2002

[^key-aac9ccbbb5734cffb03c35a3be2bab73]: Reg. 7A inserted (E.W.S.) (5.9.2020) by The Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/855), regs. 1, 3

[^key-9984600c629f3391fdb5c4ad7835f616]: Words in reg. 2 omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497), reg. 1(1), Sch. 7 para. 2(2) (with regs. 1(2)-(6), 20)

[^key-cf844eb84e9b4147f572e3d9be2b7779]: Reg. 7(2)(a) substituted (31.12.2020 immediately before 11 p.m.) by The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497), reg. 1(1), Sch. 7 para. 2(3) (with regs. 1(2)-(6), 20)

Enforcement notices

16A

• (1) If the Secretary of State is of the opinion that any person has contravened or is contravening any condition of a permit or is likely to contravene any such condition, the Secretary of State or an inspector appointed by her under regulation 16 may serve on the permit holder a notice ... which—

• (a) states that the Secretary of State is of the opinion mentioned in paragraph (1);

• (b) specifies the matters which constitute, constituted or, as the case may be, are likely to constitute the contravention;

• (c) specifies the steps that must be taken to remedy or, as the case maybe, prevent the contravention; and

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

• (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.

• (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.

• (3) Where a person to whom an enforcement notice is addressed has failed to take the action required by it within such time as may be specified by it and such a notice has not been revoked, the Secretary of State may undertake any action so required and the reasonable costs and expenses of the Secretary of State’s so doing shall be recoverable as a debt from that person.

• (4) A person to whom an enforcement notice is addressed shall afford such assistance as the Secretary of State may reasonably require for the purpose of facilitating the exercise of any powers conferred on the Secretary of State by paragraph (3).

• (5) The Secretary of State or an inspector appointed by her under regulation 16 may revoke an enforcement notice ....

• (6) The exercise by the Secretary of State of any power conferred by paragraph (1) , (1A) or (3) shall be without prejudice to the exercise by her of any other power under any other provision of these Regulations.

Prohibition notices

16B

• (1) If the Secretary of State is of the opinion that the operation of an offshore installation involves an imminent risk of serious pollution as a consequence of 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.

• (2) A prohibition notice may be served whether or not the risk relates to the contravention of a permit and may relate to any aspects of the operation of the offshore installation, whether or not regulated by the conditions of such a permit.

• (3) A prohibition notice—

• (a) shall state that the Secretary of State is of the opinion mentioned in paragraph (1) above;

• (b) shall specify the risk involved in the operation of the offshore installation;

• (c) shall specify the steps that must be taken to remove it ...; ...

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

• (d) may direct that any permit shall, until the notice is withdrawn wholly or in part, cease to have effect and, where the direction applies to part only of the operation of the offshore installation, it may impose conditions to be observed in carrying on that part of the operation which is authorised under the relevant permit.

• (4) The Secretary of State or an inspector appointed by her under regulation 16 may by notice withdraw a prohibition notice wholly or in part at any time and shall withdraw a notice when the Secretary of State is satisfied that the steps required by the notice have been taken.

• (5) It shall be the duty of the person to whom the prohibition notice is addressed to comply with its terms save to the extent that it is withdrawn wholly or in part.

• (6) The service of a prohibition notice shall be without prejudice to the exercise by any person of any power under any other provision of these Regulations.

Appeal to High Court, Court of Session or High Court in Northern Ireland

Offences

Service of Notices

Amendment of the Deposits in the Sea (Exemptions) Order 1985

Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995

Prohibition on the release of offshore chemicals

3A

No person shall—

• (a) release an offshore chemical; or

• (b) allow such a release to continue.

Grant and refusal of permits

Conditions of permits

Requirements relating to permit applications

Publicity for permit applications

Fees

Duration of permits

Application for renewal of an existing permit

Variation of permit ...

Reconsideration of permits and permit conditions

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.

Revocation and surrender of permits

Register to be kept by the Secretary of State

Provision of information to the Secretary of State

Appointment of inspectors

Enforcement notices

Prohibition notices

Appeal to High Court, Court of Session or High Court in Northern Ireland

Offences

Service of Notices

Amendment of the Deposits in the Sea (Exemptions) Order 1985

Amendment of the Deposits in the Sea (Exemptions) Order 1985

Review

19A

• (1) The Secretary of State must from time to time—

• (a) carry out a review of regulations 2 to 19 of these Regulations;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) The report must in particular—

• (a) set out the objectives intended to be achieved by those regulations;

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

• (3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

• (4) Subsequent reports under this regulation must be published at intervals not exceeding five years.

Amendment of the Deposits in the Sea (Exemptions) Order 1985

Coronavirus: temporary modifications

7A

• (1) This regulation applies—

• (a) where the effects of coronavirus, including any restrictions on movement, mean that it is not reasonably practicable for the public to inspect copies of documents at a specified address within the United Kingdom; and

• (b) the date is not later than the end of the period of 12 months beginning with the day on which this regulation comes into force.

• (2) Where paragraph (1) applies, regulation 7 has effect as if—

• (a) in paragraph (1)—

• (i) for sub-paragraph (a), there were substituted—

(a) for a period of not less than four weeks immediately following the publication (or last publication, where it is published in more than one newspaper or on more than one occasion) of the notice referred to in sub-paragraph (d), publish a copy of the permit application on a website accessible to the public where the public can view and download information placed upon it;

• (ii) in sub-paragraph (d)—

• (aa) for sub-paragraph (ii), there were substituted—

(ii) gives the website address referred to in sub-paragraph (a) where the permit application can be viewed;

; and

• (bb) for sub-paragraph (iii), there were substituted—

(iii) states that a copy of the permit application may be obtained free of charge from the address referred to in sub-paragraph (b) by post or electronically; and

; and

• (iii) in paragraph (e), after “appeared”, there were inserted “and the address of the website referred to in sub-paragraph (a);

• (b) paragraph (3)(b) were omitted; and

• (c) paragraphs (1)(b), (1)(c) and (3) did not require the permit applicant to make copies of the permit application available for collection in person.

• (3) In this regulation, “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Fees

Duration of permits

Application for renewal of an existing permit

Variation of permit ...

Reconsideration of permits and permit conditions

Transfer of permit

Revocation and surrender of permits

Register to be kept by the Secretary of State

Provision of information to the Secretary of State

Appointment of inspectors

Enforcement notices

Prohibition notices

Appeal to High Court, Court of Session or High Court in Northern Ireland

Offences

Service of Notices

Review

Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995