The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

UK Statutory Instrument 2005 No. 2055 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 21 July 2005
In force from: Not determined
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 sections 2 and 7(9) of the Pollution Prevention and Control Act 1999. They provide for the phasing out of the system of exemptions under the Prevention of Oil Pollution Act 1971 (permitting certain discharges of oil into the sea) and the replacement of that system by a permit system. The Regulations apply to the whole of the United Kingdom Continental Shelf except Scottish controlled waters. Regulation 3 provides that, in order for operators of offshore installations to discharge oil into relevant waters, a permit must be granted to them. This regulation also allows for the phasing in of the new permitting scheme. Regulations 4 and 5 deal with the procedure for the granting by the Secretary of State of permits, any conditions which may be attached to permits and the requirements for permit applications. Regulation 6 permits the Secretary of State to charge fees in relation to certain activities. Regulations 7 to 9 make provision for permits to be varied, assigned, revoked and surrendered in certain circumstances. Regulation 10 authorises the Secretary of State to make allocation plans in relation to specified emissions, and to make provision for one or more emissions trading schemes for the purpose of facilitating the trading of allowances allocated under the allocation plans. Regulation 11 requires the Secretary of State to establish and maintain a registry to record the trading in allowances allocated under the allocation plans. Regulations 12 to 14 deal with enforcement and give— a the Secretary of State power to appoint inspectors whose powers and duties are set out in regulation 12, and the power to serve prohibition notices (regulation 14); and b the Secretary of State or an inspector power to serve enforcement notices (regulation 13). Regulation 15 gives an applicant for a permit, any permit holder, or any person the subject of a decision by the Secretary of State a right to appeal to the court against the Secretary of State’s decisions under the Regulations. Regulation 16 creates offences. Regulation 17 deals with the services of notices and other documents. Regulations 18, 19 and 20 deal with the disapplication and consequential modifications of enactments and amendments of other secondary legislation. Schedules 1 and 2 effect amendments of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 and the Offshore Chemicals Regulations 2002. These Regulations come into force on the thirtieth day after the day on which they are made. A regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Energy Resources and Development Unit, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (telephone 020 7215 5151). Copies have been placed in the libraries of both Houses of Parliament.

Offences created by this instrument

Subject to paragraphs (2) and (4), a person is guilty of an offence if he— a contravenes regulation 3(1); b fails to… regulation 16(1) · Status not determined · Requires proof of a state of mind
The discharge of oil into relevant waters in contravention of any one or more of the terms of or conditions attached… regulation 16(4) · 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 16(6) · 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.

Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 Lords · Lords Chamber · 11 July 2005
Industrial Training Levy (Engineering Construction Board) Order 2005 Lords · Lords Chamber · 19 July 2005 · Baroness Amos
My Lords, I beg to move the Motion standing in my name on the Order Paper. Moved, That the order of 12 July referring the draft order to a Grand Committee be discharged.—(Baroness Amos.).) On Question, Motion agreed to. Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 Companies Act 1989 (Delegation) Order 2005 National Minimum Wage Regulations 1999 (Amendment) Regulations 2005
Draft Offshore Environmental Civil Sanctions Regulations 2018 Commons · General Committees · 15 May 2018 · Dr Whitehead
I thank the Minister for that helpful intervention. I was attempting to establish the range of penalties that will be available under the new regime. It would be helpful to have that additional information, but the penalties basically fall into the two categories I mentioned—one with a minor range and the other with a rather more major range. Nevertheless, the top of the range of variable penalties is £50,000. In addition to what the Minister has told us, the explanatory memorandum published alongside the SI deals with why it is claimed those penalties are needed. It states: “The need for…

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.

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