UK Offence Report

Liability of owners of offshore installations

regulation 5A(1)(a) of The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

a any employer is on any day not insured in accordance with this Act, the owner of the installation shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale; or

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
an owner
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that an owner meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 5A(1)(a)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
21 March 1995
In force from
20 June 1995
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations contain requirements for the management and administration of offshore oil and gas installations, for purposes of health and safety. The Regulations give effect, in relation to offshore installations in territorial waters adjacent to Great Britain or in the United Kingdom sector of the continental shelf— to the following provisions of Council Directive 92/91/EEC (OJ No. L348, 28.11.92, p.9), concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling: Articles 3(1)(b), (c) and (d) and 8; in Part A of the Annex, parts 2.2, 2.6 (in part) and 2.8; and in Part C of the Annex, section 4 (in part); and to Article 6.3(c) and, in part, to Article 11.2 of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ No. L183, 29.6.89, p.1). The Regulations also make other provision. Most of the duties imposed by the Regulations are on “the duty holder” who is, by regulation 2(1), in relation to a fixed installation, the “operator” and, in relation to a mobile installation, the “owner”. Regulation 5 requires the duty holder to notify the Health and Safety Executive (“the Executive”) of the date of the intended entry or departure of an installation into or from relevant waters; and, where there is a change of duty holder, prohibits the operation of the installation until details have been notified to the Executive. Regulation 6 requires the appointment of an installation manager and contains other requirements in relation to him. Regulation 7 empowers the installation manager to take reasonable measures against a person, including his restraint or putting him ashore, for certain health and safety reasons. Regulation 8 requires every person to co-operate with the installation manager, and any other person on whom any duty is placed by these Regulations, so far as is necessary to enable them to comply with “the relevant statutory provisions” within the meaning of the Health and Safety at Work etc. Act 1974 (c. 37); and for certain express purposes with the installation manager and helicopter landing officer. Managers of installations are required to co-operate with each other for certain health and safety reasons. Regulation 9 requires a record to be kept on the installation, and ashore, of persons for the time being on the installation. Regulation 10 requires a “permit to work” system on an installation where necessary for health or safety. Regulation 11 requires the giving of written instructions on procedures to be observed for health and safety reasons. Regulation 12 contains requirements for effective communications. Regulation 13 contains requirements in relation to helideck operations. Regulation 14 requires the keeping of information on the weather and other information. Regulation 15 requires that people on an installation, or engaged in certain other offshore activities, have access to the relevant address and telephone number of the Executive. Regulation 16 contains a requirement for health surveillance. Regulation 17 requires drinking water to be readily available on an installation. Regulation 18 requires that provisions on the installation are of adequate quality. Regulation 19 contains requirements as to the visual identification of an installation. Regulation 20 provides for the granting of certificates of exemption by the Executive. Regulation 21 contains provisions consisting in the application to offshore installations and associated structures, with modifications and extensions, of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57). Regulation 22 and Schedule 1 repeal or modify certain provisions of the Mineral Workings (Offshore Installations) Act 1971 (c. 61). Regulation 23 and Schedule 2 revoke or modify certain instruments.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source