Abstract
In this chapter it is proposed to consider the laws relating to safety, health and welfare on the continental shelf of the United Kingdom. The particular legislation is considered briefly later, as well as liability insurance for employers. However, before reviewing such legislation, and to appreciate its evolution, it is important to note how international law has come to recognise the jurisdictional claims of coastal states over the waters of their continental shelf, long regarded as the high seas, in what is now known as the continental shelf doctrine.
Legal References are listed at the end of this chapter.
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References
In 1609, James I issued a proclamation excluding Dutch fishermen from fishing off the shores of England
See R v Kent Justice, ex pane Lye (1967) 2 Q.B. 153; (1967) 2 W.L.R. 765
Full title is ‘Convention on the Territorial Sea and The Contiguous Zone. Done at Geneva, on 29 Aprü, 1958’
Article 24(1)
Article 24 (2)
Full title is ‘Convention on the Continental Shelf. Done at Geneva, on 29 April, 1958’
Article 2 (1)
Article 1. On the high seas each nation, in particular, has freedom of navigation, fishing, laying of pipeline and cables, overflying, but in the exercise of such freedom must take into account the interests of other states-see Article 2 of the Geneva Convention on the High Seas
Article 1 of the Convention on the High Seas. Done at Geneva, on 29 April, 1958; defines the high seas as ‘all parts of the sea that are not included in the territorial sea or the internal waters of a State’
See Article 2 of the Convention on the High Seas
Full title is ‘Convention on the Continental Shelf. Done at Geneva, on 29 April, 1958’
See the ‘North Sea Continental Shelf Case ICJ Rep’, 1969 p 1
See reference 12
Section 1 (1)
For definition of petroleum see Section 1 (2) of the Petroleum (Production) Act, 1934
Section 1 (3), the rights onshore are granted by Sections 2 and 6 of the Petroleum (Production) Act 1934. Section 2 provides for the granting of licences, and Section 6 for the making of regulations pertaining to such licences
Section 1 (4)
Section 1 (7)
See Continental Shelf (Designation of Areas) Orders: SI 1964 No. 697; SI 1965 No. 1531; SI 1968 No. 891; SI 1971 No. 594; SI 1974 No. 1489; SI 1976 No. 1153; SI 1977 No. 1871; SI 1978 No. 178; SI 1978 No. 1029; SI 1979 No. 1447
SI 1968 No. 892, as amended by the Continental Shelf (Jurisdiction) (Amendment) Orders 1980 and 1982; SI 1980 No. 184; SI 1980 No. 559; and SI 1982 No. 1523
See Sections 21,22,23,37 and Schedule 4 to the Oil and Gas (Enterprise) Act 1982
Note: although discussion is with regard to the ‘continental shelf’, the Mineral Workings (Offshore Installations) Act 1971 and regulations thereto, discussed below, apply also to territorial waters, see Section 8 of the 1971 Act
See reference 16
For licences issued after 20 August 1976, the model clauses are contained in Schedule 5 of the Petroleum (Production) Regulations 1976; and for earlier licences, in Schedule 2 to the Petroleum and Submarine Pipelines Act 1975
The Secretary of State for Energy
Model Clause 24 of the licences referred to in reference 23
Model Clause 1 (2) of the licences referred to in reference 23
Model Clause 22 of the licences referred to in reference 23
The original Section 1 has been submitted by a revised Section 1 set out in Section 24 of the Oil and Gas (Enterprise) Act 1982. See also Section 44 of the Petroleum and Submarine Pipelines Act 1975
Section 1 (2) as substituted and revised
Section 3 (4)
Section 44 (1) and (2) Petroleum and Submarine Pipelines Act 1975
Section 4 (1). See Offshore Installations (Managers) Regulations 1972 SI 1972 No. 703
Section 5 (1) and (2)
Section 5 (6)
Section 5 (5)
Section II, which provides that reference in Section 1 of the Fatal Accidents Act 1976 as it applies to a wrongful act, neglect or default shall include references to any breach of duty actionable by virtue of the 1971 Act
Section 7. An offence may be punished on a summary conviction by a fine not exceeding £400, and on conviction on indictment by a term of imprisonment of up to 2 years, a fine, or both. See discussion of regulations below
Section 10 (3)
Section 9
The Offshore Installation (Registration) Regulations 1972 SI 1972 No. 702; the Offshore Installations (Logbooks and Registration of Death) Regulations 1972, SI 1972 No. 1542; the Offshore Installation (Inspectors and Casualties) Regulations 1973, SI 1973 No. 1842; the Offshore Installations (Construction and Survey) Regulations 1974, SI 1974 No. 289; the Offshore Installations (Public Inquiries) Regulations 1974, SI 1974 No. 338; the Offshore Installations (Application of the Employers’ Liability (Compulsory Insurance) Act, 1969) Regulations 1975, SI 1975 No. 1289; the Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976, SI 1976 No. 1019; the Offshore Installation,(Emergency Procedures) Regulation 1976 SI 1976 No. 1542; the Offshore Installations (Life-Saving Appliances) Regulations 1977, SI 1977 No. 486, as amended by SI 1978 No. 931; the Offshore Installations (Fire Fighting Equipment) Regulations 1978, SI 1978 No. 611; the Offshore Installations (Well Control) Regulations 1980 SI 1980 No. 1759; the Offshore Installations (Lifesaving Appliances and Fire Fighting Equipment) (Amendment) Regulations 1982 SI 1982 No. 360 (Amending SI 1977 No. 486 and SI 1978 No. 611); the Offshore Installations (Application of Statutory Instruments) Regulations 1984 SI 1984 No. 419
Offshore Installations (Application of Statutory Instruments) Regulations 1984, SI 1984 No. 419
SI 1976 No. 1019
Regulation 4
Regulation 5
Regulation 6
Regulation 12
Regulation 14
Regulation 2
Regulation 3
Regulation 26
Regulation 27
Regulation 31
Regulation 32
Regulation 33 provides that Section II of the Mineral Workings (Offshore Installations) Act 1971 applies to any duties imposed on persons by the Regulations. See reference 12
Regulation 34
Health and Safety Commission, Consultative Document, H.M. Stationery Office
SI 1981 No. 917
SI 1976 No. 1542
Regulation 4 (1)
Regulation 4 (1) (6)
See generally, Regulation 4 (2) and (3)
Regulation 4 (7)
Regulation 7
Regulation 8
Regulation 10
Regulation 11 (c)
SI 1973 No. 1842
See generally, Regulation 2 (1)
See definition in Regulation 1
See generally Regulations 3 and 4
Regulation 9
Regulation 10
Regulation 11, but see defences in Regulation 14
Regulation 12
SI 1974 No. 338
See generally, Regulations 4, 5, 6 and 7. See also obligation to make a return of any death or person lost in Offshore Installations (Logbooks and Registration of Death) Regulations 1972, SI 1972 No. 1542
SI 1981 No. 399
SI 1976 No. 923. Essentially overlap with 1981 Regulations (see Section 25 Oil and Gas (Enterprise) Act 1982)
Section 4. Includes owners of proposed installations or pipelines
Section 5
Section 7
Section 11
Section 8
Section 9
Under the Health and Safety at Work etc. Act 1974
Sections 12 and 13
Section 26
Section 27
As the definition is extended by Section 44 of the Petroleum and Submarine Pipelines Act 1975
Section 26 (3)
SI 1982 No. 1513
SI 1977 No. 1232
Section 4. Similarly defined as under the Mineral Workings (Offshore Installations) Act 1971 and excludes installations forming part of a pipeline
Section 3
Section 2 (3)
Section 4
Section 5
Section 7
Section 8 (1). Note: Section 8 (2) provides that Section 3 of the Territorial Waters Jurisdiction Act 1978 does not apply to an offence under the 1974 Act
See generally, Sections 2–9, Health and Safety at Work etc. Act 1974
Section 7, Health and Safety at Work etc. Act 1974
Sections 18–26, Health and Safety at Work etc. Act 1974
Established under the Employment Medical Advisory Services Act 1972
Section 3 (a) and (b), Employers’ Liability (Compulsory Insurance) Act 1969
SI 1975 No. 1289
Section 3 (a), SI 1975 No. 289
Definitions: see generally, Section 1 (2), SI 1975 No. 289
Section 6
As reference 39
Section 6
SI 1975 No. 1289
SI 1975 No. 1289
See Castanho v Brown and Root (UK) Ltd and Another (1980) 3 W.L.R. 991
See Gianfala v Texas Co. 350 U.S. 879 (1955)
See also the United States Death on the High Seas Act 41 Stat 537; 46 U.S.C.A. 761
Jones Act ,46 U.S.C. 688, amended effective 29 December 1982
The Due Process Clause in the 14th Amendment to the U.S. Constitution
Lauritzen v Larsen 345 U.S. 571 (1953)
See Bartholomew v Universe Tankships, Inc 263 F.2d 437 (2nd Circ. 1959) cert denied 359 U.S. 1000 (1959)
Hellenic Lines v Rhoditis 398 U.S. 306 (1970)
Piper Aircraft Co v Gaynell Reyno pers. rep. of estate of William Fehilly et al. 8 December 1981 , 454 U.S. 235
The other forum was Scotland where there was no strict liability and the claimant had to show negligence on the part of the aircraft manufacturer.
See reference 124 and Alexander Kielland Claimants v Phillips Petroleum Company Norway where the Northern District Court for Ohio refused to accept jurisdiction in respect of an accident arising on Norway’s continental shelf, a decision affirmed by the U.S. 6th Circuit Court of Appeals, and the U.S. Supreme Court in 1984
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© 1987 Springer-Verlag Berlin Heidelberg
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Higginson, A.J. (1987). Legal Aspects of Safety, Health and Welfare on the United Kingdom Continental Shelf. In: Cox, R.A.F. (eds) Offshore Medicine. Springer, London. https://doi.org/10.1007/978-1-4471-1395-9_2
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