Memorandum by the Department
of the Environment,
Transport and the Regions
1998 (S.I. 1998/1056)
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
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
The defects are regretted, and
will be corrected at the first convenient opportunity.
18th May 1998