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 V Kent Justice, ex parte 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 April, 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 (I)
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; and SI 1979 No. 1447
SI 1968 No. 892, as amended by the Continental Shelf (Jurisdiction) (Amendment) Orders 1971, 1974, 1975, 1976, 1978 and 1980 (SI 1971 No. 721; SI 1974 No. 1490; SI 1975 No. 1708; SI 1976 No. 1517; SI 1978 No. 454; SI 1978 No. 1024; SI 1980 No. 184; and SI 1980 No. 559)
Note: although discussion is with regard to the ‘Continental Shelf’, the Mineral Workings (Offshore Installations) Act 1971 and regulations thereto, discussed below, apply to territorial waters, see Section 8 of the 1971 Act
See reference 16
For licences issued after August 20th 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 above
Model Clause 1 (2) of the licences referred to in reference 23 above
Model Clause 22 of the licences referred to in reference 23 above
Section 1 (3)
Section 44 (1) Petroleum and Submarine Pipelines Act 1975
Section 3 (4)
Section 44 (1) and (2) Petroleum and Submarine Pipelines Act 1975
Section 4 (1). See The 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 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 (Diving Operations) Regulations 1974, SI 1974 No. 1229; 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 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
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, above
Regulation 34
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 II, 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 1974 No. 1229
See generally. Section 2
‘the person who employs under contract of service all divers,’ see Section 3 (2)
Section 3 (5)
Section 4 (3) (a)
Section 4 (3) and (4)
Section 5
Sections 6 and 7
Section 8
See generally. Sections 9 and 14–20
Section 11
Section 12
Section 26
Secion 27
As the definition is extended by Section 44 of the Petroleum and Submarine Pipelines Act 1975, above
Section 26 (3)
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
EstabHshed under the Employment Medical Advisory Services Act 1972
Section 78, Employment Medical Advisory Services Act 1972
Section 78 (4), 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, above
Section 6
The Employers’ Liability (Compulsory Insurance) (Offshore Installations) Regulations 1975
The Employers’ Liability (Compulsory Insurance) (Offshore Installations) Regulations 1975
See Castanho vBrown and Root (UK) Ltd and Another (1980) 1 W.L.R. 833, where the plaintiff successfully sought leave of the Court to stay proceedings in England, so permitting him to commence proceedings in the United States where greater compensation might be expected. The Court thereby accepted the practice of ‘forum shopping’
See Gianfala vTexas Co. 350 U.S. 879 (1955)
See also the United States Death on the High Seas Act
Lauritzen v Larsen 345 U.S. 571 (1953)
See Bartholomew vUniverse Tankships, Inc 263 F.2d 437 (2nd Cir. 1959) cert denied 359 U.S. 1000 (1959)
Hellenic Lines Limited v Rhoditis 398 U.S. 306 (1970)
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Higginson, A.J. (1982). 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/10.1007/978-1-4471-3307-0_2
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DOI: https://doi.org/10.1007/978-1-4471-3307-0_2
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