21.Section 3 of the Act enables the Government to make regulations enabling it to respond to the threat of significant pollution following an accident involving an offshore installation in the same way as it can respond under the Merchant Shipping Act 1995 to such a threat from a shipping casualty. The Government intends that if an accident occurs involving an offshore installation which gives rise to a threat of significant pollution to the UK’s pollution control zone, territorial waters or coastline, operational control of the installation will pass to the Secretary of State’s appointed representative.
22.Section 3(1) enables the Secretary of State to make regulations conferring powers in relation to offshore installations which correspond or are similar to those for ships contained in sections 137 to 140 of the Merchant Shipping Act 1995. Section 3(2) applies the provision to installations which are located in UK territorial waters or the continental shelf and which are used for the exploration, development or production of petroleum (which includes natural gas).
23.Section 3(3) ensures that any regulations can be tailored to the particular circumstances and various types of offshore installations and can sit well with existing provisions. Section 3(4) to (6) ensures that consultation takes place with statutory bodies, industry and others prior to the introduction of regulations and that these be subject to the affirmative parliamentary procedure.
Commentary Section 3