The Offshore Chemicals Regulations 2002

UK Statutory Instrument 2002 No. 1355 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 14 May 2002
In force from: 15 May 2002
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Pollution Prevention and Control Act 1999

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made under section 2 of the Pollution Prevention and Control Act 1999. They establish a regime for the purpose of implementing the United Kingdom’s obligations under the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) Decision (2000/2) on a Harmonised Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals in relation to offshore activities (defined in regulation 2). The Regulations apply in relation to the sea adjacent to England and Wales, to the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters and to those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964. Regulation 2 deals with definitions. Regulation 3 deals with the need for a permit in order to allow an operator to use and discharge chemicals; regulations 4 to 8 deal with the procedure for granting permits, the conditions of permits, the requirements for permit applications, the publicity for permit applications and fees. Regulation 9 makes provision for the duration of permits and regulation 10 allows for the renewal of permits. Regulation 11 allows for permits to be varied on application to the Secretary of State and regulation 12 deals with the review of permits and their conditions. Provision is made for the revocation and surrender of permits by regulation 13. Under regulation 14 the Secretary of State is required to maintain a public register of the provisions of permits and of certain information required to be supplied to her under those provisions. Regulation 15 requires operators to inform the Secretary of State of any breach of a permit or its conditions or of any accident or incident involving a significant effect on the environment. Under regulation 16 the Secretary of State can appoint Inspectors whose powers and duties are therein set out. Regulation 17 gives a right to appeal to the court against the Secretary of State’s decisions under the Regulations. Regulation 18 creates offences. Regulation 19 deals with service of notices and other documents. Regulations 20 and 21 respectively amend the Deposits in the Sea (Exemptions) Order 1985 and the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995. These Regulations come into force on [date]. After the prescribed date (regulation 2) a permit will be required for all use and discharge of offshore chemicals (regulation 3(1) subject to the provisions of regulation 3(2)). A regulatory impact assessment has been prepared and copies can be obtained from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London, SW1H 0ET (Tel. 020 7215 5151). These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

Offences created by this instrument

Subject to paragraph (2), a person is guilty of an offence if he— a contravenes regulation 3(1); b fails to comply… regulation 18(1) · Status not determined · Requires proof of a state of mind
A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the… regulation 18(3) · Status not determined · Strict liability
Where an offence under this regulation by a body corporate is proved to have been committed with the consent or… regulation 18(4) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Supplementary Charge In Respect Of Ring Fence Trades Commons · Commons Chamber · 9 May 2002 · Mr. Robert Key (Salisbury)
Is the hon. Gentleman aware that yesterday, a Standing Committee on statutory instruments passed the Offshore Chemicals Regulations 2002, which will add a burden of a further £1 million a year for the oil industry simply to apply for permits under the new regulations?
Environmental Protection Commons · Commons Chamber · 9 May 2002
That the draft Offshore Chemicals Regulations 2002, which were laid before this House on 26th March, be approved.
Offshore Chemicals Regulations 2002 Lords · Lords Chamber · 13 May 2002

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2002