Joint Committee on Statutory Instruments Thirty-Fifth Report


Memorandum by the Department of the Environment,

Transport and the Regions


The Committee requested a memorandum on the following points:

1.  Regulation 2 defines "offshore installation" as meaning any fixed or floating offshore installation or structure engaged in gas or oil exploration or production activities, or loading and unloading of oil. Explain whether "offshore installation" is intended to have the same meaning as in Part I of the Petroleum Act 1989 or some other technical meaning, identifying it.

This definition repeats the definition in the Convention, where it is intended to have a fairly broad meaning, covering all offshore units posing a risk of serious pollution. It is not regarded as having the same meaning as in the Petroleum Act 1987, but is capable of a non-technical interpretation. In practice it will be clear what installations are covered.

2.  Explain the sense of paragraph 4(c) of the Schedule. If any words have been  unintentionally omitted from that paragraph, identify those words.

Paragraph 4(c) should have read:

"The reference in paragraph 2 above to sums received by the authority shall be read as including a reference to sums received by any subsidiary of the authority which are shown in the statement of accounts there mentioned (and paragraph 3 above shall be construed accordingly)".

That is, the words in italics were omitted, and those in bold should be substituted for what is in the current text.

The intention of 4(c) is that where harbour authorities operate through subsidiaries, the sums received by their subsidiaries are to be treated in the same way as the sums harbour authorities receive for the purpose of calculating annual turnover.

The defects are regretted, and will be corrected at the first convenient opportunity.

18th May 1998

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